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Bureau of Alcohol, Tobacco, Firearms and Explosives

[Federal Register: August 21, 1998 (Volume 63, Number 162)]

[Proposed Rules]               

[Page 44819-44820]

From the Federal Register Online via GPO Access []





Bureau of Alcohol, Tobacco and Firearms

27 CFR Parts 4, 19, 24, 194, 250 and 251

(Notice No. 859)

RIN 1512-AB71


Implementation of Public Law 105-34, Sections 908, 910 and 1415, 

Related to Hard Cider, Semi-Generic Wine Designations, and Wholesale 

Liquor Dealers' Signs (97-2523)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 

the Treasury.

[[Page 44820]]

ACTION: Notice of proposed rulemaking cross referenced to temporary 



SUMMARY: In the Rules and Regulations portion of this Federal Register, 

the Bureau of Alcohol, Tobacco and Firearms (ATF) is issuing temporary 

regulations to implement sections 908, 910 and 1415 of the Taxpayer 

Relief Act of 1997. The new law made changes in the excise tax on hard 

cider, clarified the authority to use semi-generic designations on wine 

labels, and repealed the requirement for wholesale dealers in liquors 

to post signs. The wine regulations are amended to incorporate the new 

cider tax rate and to recognize the labeling changes relative to the 

designation of hard cider. These regulations are also amended to 

incorporate the semi-generic wine designations, and the liquor dealers' 

regulations are amended to eliminate the requirement for posting a 

sign. Clarifying changes are made to parts 19, 250 and 251. In this 

notice of proposed rulemaking, ATF invites comments on the temporary 


DATES: Written comments must be received on or before October 20, 1998.

ADDRESSES: Send written comments to: Chief, Regulations Branch, Bureau 

of Alcohol, Tobacco and Firearms, PO Box 50221, Washington, DC 20091-

0221, Attention: Notice Number 859.

FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Regulations Branch, 

650 Massachusetts Avenue, NW, Washington, DC 20226; (202) 927-8230; or


Executive Order 12866

    It has been determined that this proposed rule is not a significant 

regulatory action as defined by Executive Order 12866. Therefore, a 

regulatory assessment is not required.

Regulatory Flexibility Act

    It is hereby certified that these proposed regulations will not 

have a significant economic impact on a substantial number of small 

entities. Accordingly, a regulatory flexibility analysis is not 

required. The revenue effects of this rulemaking on small businesses 

flow directly from the underlying statute. Likewise, any secondary or 

incidental effects, and any reporting, recordkeeping, or other 

compliance burdens flow directly from the statute. Pursuant to 26 

U.S.C. 7805(f), this proposed regulation will be submitted to the Chief 

Counsel for Advocacy of the Small Business Administration for comment 

on its impact on small business.

Public Participation

    ATF requests comments on the temporary regulations from all 

interested persons. Comments received on or before the closing date 

will be carefully considered. Comments received after that date will be 

given the same consideration if it is practicable to do so, but 

assurance of consideration cannot be given except as to comments 

received on or before the closing date.

    Comments may be submitted by facsimile transmission (FAX) to (202) 

927-8602, provided the comments: (1) Are legible, (2) are 8\1/2\''  x  

11'' in size, (3) contain a written signature, and (4) are three pages 

or less in length. This limitation is necessary to assure reasonable 

access to the equipment. Comments sent by FAX in excess of three pages 

will not be accepted. Receipt of FAX transmittals will not be 

acknowledged. Facsimile transmitted comments will be treated as 


    ATF will not recognize any material in comments as confidential. 

Comments may be disclosed to the public. Any material which the 

commenter considers to be confidential or inappropriate for disclosure 

to the public should not be included in the comment. The name of the 

person submitting the comment is not exempt from disclosure. During the 

comment period, any person may request an opportunity to present oral 

testimony at a public hearing. However, the Director reserves the 

right, in light of all circumstances, to determine if a public hearing 

is necessary.

    The temporary regulations in this issue of the Federal Register 

amend the regulations in 27 CFR Parts 4, 19, 24, 194, 250 and 251. For 

the text of the temporary regulations see T.D. ATF-398, published in 

the Rules and Regulations section of this issue of the Federal 


Drafting Information

    The principal author of this document is Marjorie D. Ruhf, 

Regulations Branch, Bureau of Alcohol, Tobacco and Firearms. However, 

other personnel of ATF and the Treasury Department participated in 

developing the document.

    Signed: July 23, 1998.

John W. Magaw,


    Approved: July 23, 1998.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).

[FR Doc. 98-22502 Filed 8-20-98; 8:45 am]