Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37551 

of age structures such as otoliths or 

scales. 

(s) Additional dealer reporting 

requirements. All persons issued a 

lobster dealer permit under this part are 

subject to the reporting requirements set 

forth in paragraph (n) of this section, as 

well as §§ 648.6 and 648.7 of this 

chapter, whichever is most restrictive. 

■ 6. In § 697.7, paragraph (c)(1)(v) is 

revised, paragraph (c)(2)(xxi) is added, 

and paragraph (c)(3)(iii) is revised to 

read as follows: 

§ 697.7 Prohibitions. 

* * * * * 

(c) * * * 

(1) * * * 

(v) Retain on board, land, or possess 

any female lobster that do not meet the 

area-specific v-notch requirements set 

forth in § 697.20(g). 

* * * * * 

(2) * * * 

(xxi) Fail to comply with dealer 

record keeping and reporting 

requirements as specified in § 697.6. 

* * * * * 

(3) * * * 

(iii) The possession of egg-bearing 

female American lobsters, v-notched 

female American lobsters in violation of 

the v-notch requirements set forth in 

§ 697.20(g), American lobsters that are 

smaller than the minimum size set forth 

in § 697.20(a), American lobsters that 

are larger than the maximum carapace 

sizes set forth in § 697.20(b), or lobster 

parts, possessed at or prior to the time 

when the aforementioned lobsters or 

parts are received by a dealer, will be 

prima facie evidence that such 

American lobsters or parts were taken or 

imported in violation of these 

regulations. A preponderance of all 

submitted evidence that such American 

lobsters were harvested by a vessel not 

holding a permit under this part and 

fishing exclusively within state or 

foreign waters will be sufficient to rebut 

the presumption. 

* * * * * 

■ 7. In § 697.20, paragraphs (b)(3) 

through (b)(7) are revised and paragraph 

(b)(8) is added; paragraphs (g)(3) and 

(g)(4) are revised, and paragraphs (g)(5) 

through (g)(8) are added as follows: 

§ 697.20 Size, harvesting and landing 

requirements. 

* * * * * 

(b) * * * 

(3) The maximum carapace length for 

all American lobster harvested in or 

from the EEZ Nearshore Management 

Areas 2, 4, 5, and 6 is 5 1/4 inches 

(13.34 cm). 

(4) The maximum carapace length for 

all American lobster landed, harvested, 

or possessed by vessels issued a Federal 

limited access American lobster permit 

fishing in or electing to fish in one or 

more of EEZ Nearshore Management 

Areas 2, 4, 5, and 6 is 5 1/4 inches 

(13.34 cm). 

(5) The maximum carapace length for 

all American lobster harvested in or 

from EEZ Offshore Management Area 3 

is 6 7/8 inches (17.46 cm). 

(6) The maximum carapace length for 

all American lobster landed, harvested, 

or possessed by vessels issued a Federal 

limited access American lobster permit 

fishing in or electing to fish in EEZ 

Offshore Management Area 3 is 6 7/8 

inches (17.46 cm). 

(7) Effective July 1, 2010, the 

maximum carapace length for all 

American lobster harvested in or from 

EEZ Offshore Management Area 3 or the 

Outer Cape Lobster Management Area is 

6 3/4 inches (17.15 cm). 

(8) Effective July 1, 2010, the 

maximum carapace length for all 

American lobster landed, harvested, or 

possessed by vessels issued a Federal 

limited access American lobster permit 

fishing in or electing to fish in EEZ 

Offshore Management Area 3 or the 

Outer Cape Lobster Management Area is 

6 3/4 inches (17.15 cm). 

* * * * * 

(g) * * * 

(3) No person may possess any female 

lobster possessing a standard v-shaped 

notch harvested in or from the EEZ 

Nearshore Management Area 2, 4, 5, 6, 

or the EEZ Offshore Management Area 

3. 

(4) No vessel, owner or operator 

issued a Federal limited access 

American lobster permit fishing in or 

electing to fish in the EEZ Nearshore 

Management Area 2, 4, 5, 6 or the EEZ 

Offshore Management Area 3 may land, 

harvest or possess any female lobster 

possessing a standard v-shaped notch. 

(5) Through June 30, 2010, no person 

may possess any female lobster 

possessing a 1/4–inch (0.64–cm) vshaped notch harvested in or from the 

EEZ Outer Cape Lobster Management 

Area. 

(6) Through June 30, 2010, no vessel, 

owner or operator issued a Federal 

limited access American lobster permit 

fishing in or electing to fish in the EEZ 

Outer Cape Lobster Management Area 

may land, harvest or possess any female 

lobster possessing a 1/4–inch (0.64–cm) 

v-shaped notch. 

(7) Effective July 1, 2010, no person 

may possess any female lobster 

possessing a standard v-shaped notch 

harvested in or from the EEZ Outer Cape 

Lobster Management Area. 

(8) Effective July 1, 2010, no vessel, 

owner or operator issued a Federal 

limited access American lobster permit 

fishing in or electing to fish in the EEZ 

Outer Cape Lobster Management Area 

may land, harvest or possess any female 

lobster possessing a standard v-shaped 

notch. 

* * * * * 

[FR Doc. E9–17941 Filed 7–28–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Parts 40, 41, and 45 

[Docket No. TTB–2009–0002; T.D. TTB–80; 

Re: T.D. TTB–78 and Notice No. 95] 

RIN 1513–AB72 

Implementation of Statutory 

Amendments Requiring the 

Qualification of Manufacturers and 

Importers of Processed Tobacco and 

Other Amendments Related to Permit 

Requirements, and the Expanded 

Definition of Roll-Your-Own Tobacco; 

Correction 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Temporary rule; Treasury 

decision; correction. 

SUMMARY: On June 22, 2009, the Alcohol 

and Tobacco Tax and Trade Bureau 

published a temporary rule in the 

Federal Register to implement certain 

changes made to the Internal Revenue 

Code of 1986 by the Children’s Health 

Insurance Program Reauthorization Act 

of 2009. The principal changes involve 

permit and related requirements for 

manufacturers and importers of 

processed tobacco and an expansion of 

the definition of roll-your-own tobacco. 

That temporary rule contained several 

minor inadvertent errors; this document 

corrects those errors. 

DATES: Effective Date: These 

amendments are effective July 29, 2009 

through June 22, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Amy R. Greenberg, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau (202–453–2099). 

SUPPLEMENTARY INFORMATION: On June 

22, 2009, the Alcohol and Tobacco Tax 

and Trade Bureau (TTB) published a 

temporary rule in the Federal Register 

to implement certain changes made to 

the Internal Revenue Code of 1986 by 

the Children’s Health Insurance 

Program Reauthorization Act of 2009 

(see T.D. TTB–78, 74 FR 29401). The 

temporary rule was effective on the date 


sroberts on DSKD5P82C1PROD with RULES
37552 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

of publication, June 22, 2009, and, 

unless otherwise finalized, will expire 

on June 22, 2012. The principal changes 

to our regulations made by T.D. TTB–78 

involve permit and related requirements 

for manufacturers and importers of 

processed tobacco and an expansion of 

the definition of roll-your-own tobacco. 

After its publication, we found that 

T.D. TTB–78 contained several minor 

inadvertent errors. This document 

corrects these errors. 

Three errors involved improperly 

cited cross-references. In § 40.216c(b), 

the citation for § 40.216(b) should have 

read § 40.216b; in § 41.72c, the citation 

for § 41.72(b) should have read § 41.72b; 

and in § 45.45c, the citation for 

§ 40.216(b) should have read § 45.45b. 

Two errors involved improper dates. In 

§ 40.522(b), the date August 15, 2009, 

cited in the example, should have read 

August 20, 2009, and in § 45.45c(a), the 

use up date for packages labeled with 

‘‘Tax Class L’’ (to designate pipe 

tobacco) or ‘‘Tax Class J’’ (to designate 

roll-your-own tobacco) should have read 

August 1, 2009, rather than July 1, 2009. 

In addition, we are correcting five 

passages to clarify a date or numerical 

limit, to clarify a regulation’s intent, or 

to clarify to whom the regulation 

applies. In § 40.256, we clarify the last 

sentence so that the quantity of tobacco 

products manufactured may be equal to 

or exceed the quantity transferred or 

received in bond rather than only 

exceed that quantity. In § 40.493(a)(2), 

we clarify that a manufacturer of 

processed tobacco may continue in 

business if an application for a permit 

is submitted on or before June 30, 2009, 

rather than only before that date. In 

§ 40.496, we clarify that the regulation 

applies only to manufacturers of 

processed tobacco operating under a 

trade name rather than to all 

manufacturers of processed tobacco. In 

§ 40.513, we clarify that a manufacturer 

of processed tobacco who changes the 

factory’s location must apply for and 

obtain an amended permit before 

beginning operations at the new 

location rather than merely apply for an 

amended permit. In § 40.528, we clarify 

that the regulation applies to 

manufacturers of processed tobacco 

rather than to manufacturers of tobacco 

products. 

We also solicited public comments on 

the amendments contained in the 

temporary rule through a concurrent 

notice of proposed rulemaking (see 

Notice No. 95, June 22, 2009, 74 FR 

29433). Given that the corrections in 

this document do not make substantial 

changes to the amendments contained 

in the temporary rule, we are not issuing 

a formal correction to the notice of 

proposed rulemaking, and we are not 

extending its comment period, which 

closes on August 21, 2009. 

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 45 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), Cigars and 

cigarettes, Excise taxes, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements, 

Tobacco. 

Amendments to the Regulations 

■ For the reasons set forth in the 

preamble, title 27, chapter I, of the Code 

of Federal Regulations is amended as 

follows: 

PART 40—MANUFACTURE OF 

TOBACCO PRODUCTS AND 

CIGARETTE PAPERS AND TUBES, 

AND PROCESSED TOBACCO 

■ 1. The authority citation for part 40 

continues to read as follows: 

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

5701–5705, 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. 

§ 40.216c [Amended] 

■ 2. In paragraph (b) of § 40.216c, revise 

the cross-reference ‘‘§ 40.216(b)’’ to read 

‘‘§ 40.216b’’. 

§ 40.256 [Amended] 

■ 3. In the last sentence of § 40.256, 

remove the word ‘‘exceed’’ and add in 

its place the words ‘‘be equivalent to, or 

exceed,’’. 

§ 40.493 [Amended] 

■ 4. In paragraph (a)(2) of § 40.493, 

remove the word ‘‘Before’’ and add in 

its place the words ‘‘On or before’’. 

§ 40.496 [Amended] 

■ 5. In the first sentence of § 40.496, 

after the words ‘‘manufacturer of 

processed tobacco’’, add the words 

‘‘operating under a trade name’’. 

§ 40.513 [Amended] 

■ 6. In the first sentence of § 40.513, 

after the phrase ‘‘make application on 

TTB F 5200.16 for’’ add the phrase ‘‘, 

and obtain,’’. 

§ 40.522 [Amended] 

■ 7. In last sentence of paragraph (b) in 

§ 40.522, revise the date ‘‘August 15, 

2009’’ to read ‘‘August 20, 2009’’. 

§ 40.528 [Amended] 

■ 8. In the first sentence of § 40.528, 

remove the phrase ‘‘manufacturer of 

tobacco products’’ and add in its place 

the phrase ‘‘manufacturer of processed 

tobacco’’. 

PART 41—IMPORTATION OF 

TOBACCO PRODUCTS AND 

CIGARETTE PAPERS AND TUBES, 

AND PROCESSED TOBACCO 

■ 9. The authority citation for part 41 

continues to read as follows: 

Authority: 26 U.S.C. 5701–5705, 5708, 

5712, 5713, 5721–5723, 5741, 5754, 5761– 

5763, 6301, 6302, 6313, 6402, 6404, 7101, 

7212, 7342, 7606, 7651, 7652, 7805; 31 U.S.C. 

9301, 9303, 9304, 9306. 

§ 41.72c [Amended] 

■ 10. In paragraph (b) of § 41.72c, revise 

the cross-reference ‘‘§ 41.72(b)’’ to read 

‘‘§ 41.71b’’. 

PART 45—REMOVAL OF TOBACCO 

PRODUCTS AND CIGARETTE PAPERS 

AND TUBES, WITHOUT PAYMENT OF 

TAX, FOR USE OF THE UNITED 

STATES 

■ 11. The authority citation for part 45 

continues to read as follows: 

Authority: 26 U.S.C. 5702–5705, 5723, 

5741, 5751, 5762, 5763, 6313, 7212, 7342, 

7606, 7805; 44 U.S.C. 3504(h). 

§ 45.45c [Amended] 

■ 12. Amend § 45.45c in paragraph (a) 

by removing the date ‘‘July 1, 2009’’ and 

adding in its place the date ‘‘August 1, 

2009’’ and in paragraph (b) by revising 

the cross-reference ‘‘§ 40.216(b)’’ to read 

‘‘§ 45.45b’’. 

Dated: July 15, 2009. 

John J. Manfreda, 

Administrator. 

[FR Doc. E9–17920 Filed 7–28–09; 8:45 am] 

BILLING CODE 4810–31–P 


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