Quarterly Excise Tax Filing for Small Alcohol Excise Taxpayers (2005R-441P), 5629-5631 [06-980]
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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Proposed Rules
hsrobinson on PROD1PC71 with PROPOSALS
U.S. post secondary institutions and to
pay the cost of such academic
coursework in an amount not to exceed
$500. All other au pair participants
must complete not less than three
semester hours (or their equivalent) of
academic credit in formal educational
settings at accredited U.S. postsecondary institutions. As a condition of
program participation, host family
participants must agree to facilitate the
enrollment and attendance of au pairs in
accredited U.S. post secondary
institutions and to pay the cost of such
academic coursework in an amount not
to exceed $250.
*
*
*
*
*
(o) Extension of Program. The
Department, in its sole discretion, may
approve extensions for au pair
participants beyond the initial 12-month
program. Applications to the
Department for extensions of six, nine
or 12 months, must be received by the
Department not less than 30 calendar
days prior to the expiration of the
exchange visitor’s initial authorized stay
in either the Au Pair or EduCare
program (i.e., 30-calendar days prior to
the program end date listed on the
exchange visitor’s SEVIS record, Form
DS–2019). The request for an extension
beyond the maximum duration of the
initial 12-month program must be
submitted electronically in the
Department of Homeland Security’s
Student and Exchange Visitor
Information System (SEVIS). Supporting
documentation must be submitted to the
Department of State on the sponsor’s
organizational letterhead and contain
the following information:
(1) Au pair’s name, SEVIS
identification number, date of birth, the
length of the extension period being
requested;
(2) Verification that the au pair
completed the educational requirements
of the initial program; and
(3) Payment of the required nonrefundable fee (see 22 CFR 62.90) via
Pay.gov.
(p) Repeat Participation. Exchange
visitors who have participated in the Au
Pair Program shall not be eligible for
repeat participation.
Dated: January 24, 2006.
Stanley S. Colvin,
Director, Office of Exchange Coordination
and Designation, Bureau of Educational and
Cultural Affairs, Department of State.
[FR Doc. E6–1413 Filed 2–1–06; 8:45 am]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Parts 19, 24, 25, 26 and 70
[Notice No. 56]
RIN 1513–AB17
Quarterly Excise Tax Filing for Small
Alcohol Excise Taxpayers (2005R–
441P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking;
cross-reference to temporary rule.
5629
For
questions concerning quarterly filing
procedures, contact James S. McCoy,
National Revenue Center, Alcohol and
Tobacco Tax and Trade Bureau (513–
684–2120); for other questions
concerning this document, contact
Marjorie Ruhf, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau (202–927–8202 or
marjorie.ruhf@ttb.gov).
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
SUMMARY: Elsewhere in this issue of the
Federal Register, the Alcohol and
Tobacco Tax and Trade Bureau is
issuing a temporary rule implementing
the quarterly excise tax payment
procedure contained in section 5061 of
the Internal Revenue Code of 1986 as
amended by section 11127 of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users. In this notice of proposed
rulemaking, we are soliciting comments
from all interested parties on the
regulatory amendments to implement
this new payment period. The text of
the regulations in the temporary rule
published in the Rules and Regulations
section of this issue of the Federal
Register serves as the text of the
proposed regulations.
DATES: Comments must be received on
or before April 3, 2006.
ADDRESSES: You may send comments to
any of the following addresses:
• Director, Regulations and
Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn:
Notice No. 56, P.O. Box 14412,
Washington, DC 20044–4412.
• 202–927–8525 (facsimile).
• nprm@ttb.gov (e-mail).
• https://www.ttb.gov/alcohol/rules/
index.htm. An online comment form is
posted with this notice on our Web site.
• https://www.regulations.gov. Federal
e-rulemaking portal; follow instructions
for submitting comments.
You may view copies of any
comments we receive about this notice
by appointment at the TTB Information
Resource Center, 1310 G Street, NW.,
Washington, DC 20220. To make an
appointment, call 202–927–2400. You
may also access copies of this notice
and any comments online at https://
www.ttb.gov/alcohol/rules/index.htm.
See the Public Participation section of
this document for specific instructions
and requirements for submitting
comments, and for information on how
to request a public hearing.
In the Rules and Regulations section
of this issue of the Federal Register, we
are publishing a temporary rule setting
forth regulatory amendments to
implement section 11127 of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users, Public Law 109–59, 119 Stat.
1144 (‘‘the Act’’), signed by President
Bush on August 10, 2005. Section 11127
of the Act amended section 5061(d) of
the Internal Revenue Code of 1986
(IRC), 26 U.S.C. 5061, to allow certain
alcohol excise taxpayers to pay taxes
quarterly rather than semimonthly. The
Alcohol and Tobacco Tax and Trade
Bureau (TTB) is responsible for the
administration of the IRC provisions
relating to alcohol excise taxes on
products removed from domestic
production facilities and brought to the
United States from Puerto Rico.
The amendment made by section
11127 of the Act applies to ‘‘any
taxpayer who reasonably expects to be
liable for not more than $50,000 in taxes
* * * for the calendar year and who
was liable for not more than $50,000 in
such taxes in the preceding calendar
year.’’ In such a case the taxpayer must
pay the tax no later than the 14th day
after the last day of the calendar quarter
during which the action giving rise to
the tax (that is, withdrawal, removal,
entry, and bringing in from Puerto Rico)
occurs. The amended statute also
provides that the quarterly tax payment
procedure does not apply to a taxpayer
for any remaining portion of the
calendar year following the date on
which the aggregate amount of tax due
from the taxpayer exceeds $50,000. If at
any point during the year the taxpayer’s
liability exceeds $50,000, any tax that
has not been paid on that date becomes
due on the 14th day after the last day
of the semimonthly period in which that
date falls. Thus, in effect, a taxpayer
whose tax payments exceed the $50,000
limit during the calendar year is
required to revert to the semimonthly
payment procedure for the remainder of
the year.
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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Proposed Rules
The temporary regulations published
elsewhere in this issue of the Federal
Register involve amendments to parts
19, 24, 25, 26, and 70 of the TTB
regulations (27 CFR parts 19, 24, 25, 26,
and 70). The text of the temporary
regulations serves as the text of these
proposed regulations. The preamble to
the temporary regulations explains the
proposed regulations.
Public Participation
Comments Sought
We invite comments from everyone
interested. All comments must reference
Notice No. 56 and must include your
name and mailing address. They must
be legible and written in language
acceptable for public disclosure.
Although we do not acknowledge
receipt, we will consider your
comments if we receive them on or
before the closing date. We regard all
comments as originals.
Confidentiality
All comments are part of the public
record and subject to disclosure. Do not
enclose any material in your comments
that you consider confidential or
inappropriate for public disclosure.
hsrobinson on PROD1PC71 with PROPOSALS
Submitting Comments
You may submit comments in any of
five ways:
• Mail: You may send written
comments to TTB at the address listed
in the ADDRESSES section of this
document.
• Facsimile: You may submit
comments by facsimile transmission to
202–927–8525. Faxed comments must:
(1) Be on 8.5- by 11-inch paper;
(2) Contain a legible, written
signature; and
(3) Be no more than five pages long.
This limitation ensures electronic access
to our equipment. We will not accept
faxed comments that exceed five pages.
• E-mail: You may e-mail comments
to nprm@ttb.gov. Comments transmitted
by electronic mail must:
(1) Contain your e-mail address;
(2) Reference Notice No. 56 on the
subject line; and
(3) Be legible when printed on 8.5- by
11-inch paper.
• Online form: We provide a
comment form with the online copy of
this document on our Web site at https://
www.ttb.gov/alcohol/rules/index.htm.
Select the ‘‘Send comments via e-mail’’
link under Notice No. 56.
• Federal e-Rulemaking Portal: To
submit comments to us via the Federal
e-rulemaking portal, visit https://
www.regulations.gov and follow the
instructions for submitting comments.
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You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine, in light of all circumstances,
whether to hold a public hearing.
Public Disclosure
You may view copies of the
temporary rule, this document, and any
comments we receive by appointment at
the TTB Information Center at 1310 G
Street, NW., Washington, DC 20220.
You may also obtain copies at 20 cents
per 8.5- x 11-inch page. Contact the TTB
information specialist at the above
address or telephone 202–927–2400 to
schedule an appointment or to request
copies of comments.
For your convenience, we will post
the temporary rule, this document, and
any comments we receive on the TTB
Web site. We may omit voluminous
attachments or material that we
consider unsuitable for posting. In all
cases, the full comment will be available
in the TTB Information Center. To
access the online copy of this document
and the submitted comments, visit
https://www.ttb.gov/alcohol/rules/
index.htm. Select the ‘‘View
Comments’’ link under this document’s
number and title to view the posted
comments.
Regulatory Flexibility Act
Although we are issuing this notice of
proposed rulemaking, it has been
determined that it is not subject to the
provisions of 5 U.S.C. 553(b). Because
this proposed rule contains no new
collections of information, the
provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) do not apply.
This proposed rule decreases the
frequency of existing information
collections for some businesses,
including some small businesses.
Pursuant to section 7805(f) of the
Internal Revenue Code of 1986, we will
submit this notice of proposed
rulemaking to the Chief Counsel for
Advocacy of the Small Business
Administration for comment on its
impact on small businesses.
Executive Order 12866
We have determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required.
Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995, no persons are required to
respond to a collection of information
unless it displays a valid OMB control
number. The collections of information
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contained in the regulations amended
by this temporary rule have been
previously reviewed and approved by
the Office of Management and Budget in
accordance with the Paperwork
Reduction Act of 1995 under control
numbers 1513–0053, 1513–0083, and
1513–0090. There is a reduction in the
reporting or recordkeeping burden
under these control numbers resulting
from the change from semimonthly to
quarterly tax return periods for some
small taxpayers. There is no new or
revised collection of information
imposed by this proposed rule.
Drafting Information
Charles Bacon, Daniel Hiland, and
Marjorie Ruhf of the Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, drafted this
document. However, other personnel
participated in its development.
List of Subjects
27 CFR Part 19
Administrative practice and
procedures, Caribbean Basin Initiative,
Claims, Electronic funds transfers,
Excise taxes, Exports, Gasohol, Imports,
Labeling, Liquors, Packaging and
containers, Puerto Rico, Reporting and
recordkeeping requirements, Research,
Security measures, Surety bonds,
Vinegar, Virgin Islands, Warehouses.
27 CFR Part 24
Administrative practice and
procedure, Claims, Electronic fund
transfers, Excise taxes, Exports, Food
additives, Fruit juices, Labeling,
Liquors, Packaging and containers,
Reporting and recordkeeping
requirements, Research, Scientific
equipment, Spices and flavoring, Surety
bonds, Vinegar, Warehouses, Wine.
27 CFR Part 25
Administrative practice and
procedure, Beer, Claims, Electronic
funds transfers, Excise taxes, Exports,
Labeling, Packaging and containers,
Reporting and recordkeeping
requirements, Research, Surety bonds.
27 CFR Part 26
Administrative practice and
procedure, Alcohol and alcoholic
beverages, Caribbean Basin Initiative,
Claims, Customs duties and inspection,
Electronic funds transfers, Excise taxes,
Packaging and containers, Puerto Rico,
Reporting and recordkeeping
requirements, Surety bonds, Virgin
Islands, Warehouses.
27 CFR Part 70
Administrative practice and
procedure, Claims, Excise taxes,
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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Proposed Rules
5631
6656, 6676, 6806, 7011, 7342, 7606, 7805; 31
U.S.C. 9301, 9303–9308.
DEPARTMENT OF DEFENSE
6. [The proposed amendatory
instructions and the proposed amended
regulatory text for part 25 are the same
as the amendatory instructions and the
amended regulatory text set forth in the
temporary rule on this subject published
in the Rules and Regulations section of
this issue of the Federal Register.]
Office of the Secretary
PART 19—DISTILLED SPIRITS
PLANTS
PART 26—LIQUORS AND ARTICLES
FROM PUERTO RICO AND THE VIRGIN
ISLANDS
AGENCY:
1. The authority citation for part 19
continues to read as follows:
7. The authority citation for part 26
continues to read as follows:
Authority: 19 U.S.C. 81c, 1311; 26 U.S.C.
5001, 5002, 5004–5006, 5008, 5010, 5041,
5061, 5062, 5066, 5081, 5101, 5111–5113,
5142, 5143, 5146, 5148, 5171–5173, 5175,
5176, 5178–5181, 5201–5204, 5206, 5207,
5211–5215, 5221–5223, 5231, 5232, 5235,
5236, 5241–5243, 5271, 5273, 5301, 5311–
5313, 5362, 5370, 5373, 5501–5505, 5551–
5555, 5559, 5561, 5562, 5601, 5612, 5682,
6001, 6065, 6109, 6302, 6311, 6676, 6806,
7011, 7510, 7805; 31 U.S.C. 9301, 9303, 9304,
9306.
Authority: 19 U.S.C. 81c; 26 U.S.C. 5001,
5007, 5008, 5010, 5041, 5051, 5061, 5081,
5111, 5112, 5114, 5121, 5122, 5124, 5131–
5134, 5141, 5146, 5148, 5207, 5232, 5271,
5276, 5301, 5314, 5555, 6001, 6301, 6302,
6804, 7101, 7102, 7651, 7652, 7805; 27 U.S.C.
203, 205; 31 U.S.C. 9301, 9303, 9304, 9306.
SUMMARY: The Department of Defense is
proposing to revise its current policies
concerning obtaining information from
financial institutions under the Right to
Financial Privacy Act of 1978, as
amended (12 U.S.C. chapter 35). This
part prescribes practices and procedures
for the Department of Defense to obtain
from a financial institution the financial
records of its customers.
DATES: Comments must be received by
April 3, 2006.
ADDRESSES: You may submit comments,
identified by docket number and or RIN
number and title, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
Federal Register document. The general
policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing on the Internet at
https://regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
Freedom of information, Law
enforcement, Penalties, Reporting and
recordkeeping requirements, Surety
bonds.
Proposed Amendments to the
Regulations
For the reasons discussed in the
preamble, TTB proposes to amend 27
CFR parts 19, 24, 25, 26, and 70 as
follows:
2. [The proposed amendatory
instructions and the proposed amended
regulatory text for part 19 are the same
as the amendatory instructions and the
amended regulatory text set forth in the
temporary rule on this subject published
in the Rules and Regulations section of
this issue of the Federal Register.]
PART 24—WINE
8. [The proposed amendatory
instructions and the proposed amended
regulatory text for part 26 are the same
as the amendatory instructions and the
amended regulatory text set forth in the
temporary rule on this subject published
in the Rules and Regulations section of
this issue of the Federal Register.]
PART 70—PROCEDURES AND
PRACTICES
9. The authority citation for part 70
continues to read as follows:
Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001,
5008, 5041, 5042, 5044, 5061, 5062, 5081,
5111–5113, 5121, 5122, 5142, 5143, 5148,
5173, 5206, 5214, 5215, 5351, 5353, 5354,
5356, 5357, 5361, 5362, 5364–5373, 5381–
5388, 5391, 5392, 5511, 5551, 5552, 5661,
5662, 5684, 6065, 6091, 6109, 6301, 6302,
6311, 6651, 6676, 7011, 7302, 7342, 7502,
7503, 7606, 7805, 7851; 31 U.S.C. 9301, 9303,
9304, 9306.
Authority: 5 U.S.C. 301 and 552; 26 U.S.C.
4181, 4182, 5146, 5203, 5207, 5275, 5367,
5415, 5504, 5555, 5684(a), 5741, 5761(b),
5802, 6020, 6021, 6064, 6102, 6155, 6159,
6201, 6203, 6204, 6301, 6303, 6311, 6313,
6314, 6321, 6323, 6325, 6326, 6331–6343,
6401–6404, 6407, 6416, 6423, 6501–6503,
6511, 6513, 6514, 6532, 6601, 6602, 6611,
6621, 6622, 6651, 6653, 6656–6658, 6665,
6671, 6672, 6701, 6723, 6801, 6862, 6863,
6901, 7011, 7101, 7102, 7121, 7122, 7207,
7209, 7214, 7304, 7401, 7403, 7406, 7423,
7424, 7425, 7426, 7429, 7430, 7432, 7502,
7503, 7505, 7506, 7513, 7601–7606, 7608–
7610, 7622, 7623, 7653, 7805.
4. [The proposed amendatory
instructions and the proposed amended
regulatory text for part 24 are the same
as the amendatory instructions and the
amended regulatory text set forth in the
temporary rule on this subject published
in the Rules and Regulations section of
this issue of the Federal Register.]
10. [The proposed amendatory
instructions and the proposed amended
regulatory text for part 70 are the same
as the amendatory instructions and the
amended regulatory text set forth in the
temporary rule on this subject published
in the Rules and Regulations section of
this issue of the Federal Register.]
PART 25—BEER
Signed: December 13, 2005.
John J. Manfreda,
Administrator.
hsrobinson on PROD1PC71 with PROPOSALS
3. The authority citation for part 24
continues to read as follows:
5. The authority citation for part 25
continues to read as follows:
Authority: 19 U.S.C. 81c; 26 U.S.C. 5002,
5051–5054, 5056, 5061, 5091, 5111, 5113,
5142, 5143, 5146, 5148, 5222, 5401–5403,
5411–5417, 5551, 5552, 5555, 5556, 5671,
5673, 5684, 6011, 6061, 6065, 6091, 6109,
6151, 6301, 6302, 6311, 6313, 6402, 6651,
VerDate Aug<31>2005
15:25 Feb 01, 2006
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Approved: December 23, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 06–980 Filed 2–1–06; 8:45 am]
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32 CFR Part 275
[DOD–2006–OS–0006]
RIN 0790–AH84
Obtaining Information From Financial
Institutions
ACTION:
Department of Defense.
Proposed rule.
Mr.
Vahan Moushegian, Jr., at (703) 607–
2943.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been determined that Privacy
Act rules for the Department of Defense
are not significant rules. The rules do
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; (2) Create a serious
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Agencies
[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Proposed Rules]
[Pages 5629-5631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-980]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Parts 19, 24, 25, 26 and 70
[Notice No. 56]
RIN 1513-AB17
Quarterly Excise Tax Filing for Small Alcohol Excise Taxpayers
(2005R-441P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking; cross-reference to temporary
rule.
-----------------------------------------------------------------------
SUMMARY: Elsewhere in this issue of the Federal Register, the Alcohol
and Tobacco Tax and Trade Bureau is issuing a temporary rule
implementing the quarterly excise tax payment procedure contained in
section 5061 of the Internal Revenue Code of 1986 as amended by section
11127 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users. In this notice of proposed rulemaking,
we are soliciting comments from all interested parties on the
regulatory amendments to implement this new payment period. The text of
the regulations in the temporary rule published in the Rules and
Regulations section of this issue of the Federal Register serves as the
text of the proposed regulations.
DATES: Comments must be received on or before April 3, 2006.
ADDRESSES: You may send comments to any of the following addresses:
Director, Regulations and Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 56, P.O. Box 14412,
Washington, DC 20044-4412.
202-927-8525 (facsimile).
nprm@ttb.gov (e-mail).
https://www.ttb.gov/alcohol/rules/index.htm. An online
comment form is posted with this notice on our Web site.
https://www.regulations.gov. Federal e-rulemaking portal;
follow instructions for submitting comments.
You may view copies of any comments we receive about this notice by
appointment at the TTB Information Resource Center, 1310 G Street, NW.,
Washington, DC 20220. To make an appointment, call 202-927-2400. You
may also access copies of this notice and any comments online at http:/
/www.ttb.gov/alcohol/rules/index.htm.
See the Public Participation section of this document for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
FOR FURTHER INFORMATION CONTACT: For questions concerning quarterly
filing procedures, contact James S. McCoy, National Revenue Center,
Alcohol and Tobacco Tax and Trade Bureau (513-684-2120); for other
questions concerning this document, contact Marjorie Ruhf, Regulations
and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau (202-
927-8202 or marjorie.ruhf@ttb.gov).
SUPPLEMENTARY INFORMATION:
Background
In the Rules and Regulations section of this issue of the Federal
Register, we are publishing a temporary rule setting forth regulatory
amendments to implement section 11127 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users,
Public Law 109-59, 119 Stat. 1144 (``the Act''), signed by President
Bush on August 10, 2005. Section 11127 of the Act amended section
5061(d) of the Internal Revenue Code of 1986 (IRC), 26 U.S.C. 5061, to
allow certain alcohol excise taxpayers to pay taxes quarterly rather
than semimonthly. The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
responsible for the administration of the IRC provisions relating to
alcohol excise taxes on products removed from domestic production
facilities and brought to the United States from Puerto Rico.
The amendment made by section 11127 of the Act applies to ``any
taxpayer who reasonably expects to be liable for not more than $50,000
in taxes * * * for the calendar year and who was liable for not more
than $50,000 in such taxes in the preceding calendar year.'' In such a
case the taxpayer must pay the tax no later than the 14th day after the
last day of the calendar quarter during which the action giving rise to
the tax (that is, withdrawal, removal, entry, and bringing in from
Puerto Rico) occurs. The amended statute also provides that the
quarterly tax payment procedure does not apply to a taxpayer for any
remaining portion of the calendar year following the date on which the
aggregate amount of tax due from the taxpayer exceeds $50,000. If at
any point during the year the taxpayer's liability exceeds $50,000, any
tax that has not been paid on that date becomes due on the 14th day
after the last day of the semimonthly period in which that date falls.
Thus, in effect, a taxpayer whose tax payments exceed the $50,000 limit
during the calendar year is required to revert to the semimonthly
payment procedure for the remainder of the year.
[[Page 5630]]
The temporary regulations published elsewhere in this issue of the
Federal Register involve amendments to parts 19, 24, 25, 26, and 70 of
the TTB regulations (27 CFR parts 19, 24, 25, 26, and 70). The text of
the temporary regulations serves as the text of these proposed
regulations. The preamble to the temporary regulations explains the
proposed regulations.
Public Participation
Comments Sought
We invite comments from everyone interested. All comments must
reference Notice No. 56 and must include your name and mailing address.
They must be legible and written in language acceptable for public
disclosure. Although we do not acknowledge receipt, we will consider
your comments if we receive them on or before the closing date. We
regard all comments as originals.
Confidentiality
All comments are part of the public record and subject to
disclosure. Do not enclose any material in your comments that you
consider confidential or inappropriate for public disclosure.
Submitting Comments
You may submit comments in any of five ways:
Mail: You may send written comments to TTB at the address
listed in the ADDRESSES section of this document.
Facsimile: You may submit comments by facsimile
transmission to 202-927-8525. Faxed comments must:
(1) Be on 8.5- by 11-inch paper;
(2) Contain a legible, written signature; and
(3) Be no more than five pages long. This limitation ensures
electronic access to our equipment. We will not accept faxed comments
that exceed five pages.
E-mail: You may e-mail comments to nprm@ttb.gov. Comments
transmitted by electronic mail must:
(1) Contain your e-mail address;
(2) Reference Notice No. 56 on the subject line; and
(3) Be legible when printed on 8.5- by 11-inch paper.
Online form: We provide a comment form with the online
copy of this document on our Web site at https://www.ttb.gov/alcohol/
rules/index.htm. Select the ``Send comments via e-mail'' link under
Notice No. 56.
Federal e-Rulemaking Portal: To submit comments to us via
the Federal e-rulemaking portal, visit https://www.regulations.gov and
follow the instructions for submitting comments.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine, in light of all circumstances, whether to hold a public
hearing.
Public Disclosure
You may view copies of the temporary rule, this document, and any
comments we receive by appointment at the TTB Information Center at
1310 G Street, NW., Washington, DC 20220. You may also obtain copies at
20 cents per 8.5- x 11-inch page. Contact the TTB information
specialist at the above address or telephone 202-927-2400 to schedule
an appointment or to request copies of comments.
For your convenience, we will post the temporary rule, this
document, and any comments we receive on the TTB Web site. We may omit
voluminous attachments or material that we consider unsuitable for
posting. In all cases, the full comment will be available in the TTB
Information Center. To access the online copy of this document and the
submitted comments, visit https://www.ttb.gov/alcohol/rules/index.htm.
Select the ``View Comments'' link under this document's number and
title to view the posted comments.
Regulatory Flexibility Act
Although we are issuing this notice of proposed rulemaking, it has
been determined that it is not subject to the provisions of 5 U.S.C.
553(b). Because this proposed rule contains no new collections of
information, the provisions of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) do not apply. This proposed rule decreases the frequency
of existing information collections for some businesses, including some
small businesses. Pursuant to section 7805(f) of the Internal Revenue
Code of 1986, we will submit this notice of proposed rulemaking to the
Chief Counsel for Advocacy of the Small Business Administration for
comment on its impact on small businesses.
Executive Order 12866
We have determined that this notice of proposed rulemaking is not a
significant regulatory action as defined in Executive Order 12866.
Therefore, a regulatory assessment is not required.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, no persons are required
to respond to a collection of information unless it displays a valid
OMB control number. The collections of information contained in the
regulations amended by this temporary rule have been previously
reviewed and approved by the Office of Management and Budget in
accordance with the Paperwork Reduction Act of 1995 under control
numbers 1513-0053, 1513-0083, and 1513-0090. There is a reduction in
the reporting or recordkeeping burden under these control numbers
resulting from the change from semimonthly to quarterly tax return
periods for some small taxpayers. There is no new or revised collection
of information imposed by this proposed rule.
Drafting Information
Charles Bacon, Daniel Hiland, and Marjorie Ruhf of the Regulations
and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, drafted
this document. However, other personnel participated in its
development.
List of Subjects
27 CFR Part 19
Administrative practice and procedures, Caribbean Basin Initiative,
Claims, Electronic funds transfers, Excise taxes, Exports, Gasohol,
Imports, Labeling, Liquors, Packaging and containers, Puerto Rico,
Reporting and recordkeeping requirements, Research, Security measures,
Surety bonds, Vinegar, Virgin Islands, Warehouses.
27 CFR Part 24
Administrative practice and procedure, Claims, Electronic fund
transfers, Excise taxes, Exports, Food additives, Fruit juices,
Labeling, Liquors, Packaging and containers, Reporting and
recordkeeping requirements, Research, Scientific equipment, Spices and
flavoring, Surety bonds, Vinegar, Warehouses, Wine.
27 CFR Part 25
Administrative practice and procedure, Beer, Claims, Electronic
funds transfers, Excise taxes, Exports, Labeling, Packaging and
containers, Reporting and recordkeeping requirements, Research, Surety
bonds.
27 CFR Part 26
Administrative practice and procedure, Alcohol and alcoholic
beverages, Caribbean Basin Initiative, Claims, Customs duties and
inspection, Electronic funds transfers, Excise taxes, Packaging and
containers, Puerto Rico, Reporting and recordkeeping requirements,
Surety bonds, Virgin Islands, Warehouses.
27 CFR Part 70
Administrative practice and procedure, Claims, Excise taxes,
[[Page 5631]]
Freedom of information, Law enforcement, Penalties, Reporting and
recordkeeping requirements, Surety bonds.
Proposed Amendments to the Regulations
For the reasons discussed in the preamble, TTB proposes to amend 27
CFR parts 19, 24, 25, 26, and 70 as follows:
PART 19--DISTILLED SPIRITS PLANTS
1. The authority citation for part 19 continues to read as follows:
Authority: 19 U.S.C. 81c, 1311; 26 U.S.C. 5001, 5002, 5004-5006,
5008, 5010, 5041, 5061, 5062, 5066, 5081, 5101, 5111-5113, 5142,
5143, 5146, 5148, 5171-5173, 5175, 5176, 5178-5181, 5201-5204, 5206,
5207, 5211-5215, 5221-5223, 5231, 5232, 5235, 5236, 5241-5243, 5271,
5273, 5301, 5311-5313, 5362, 5370, 5373, 5501-5505, 5551-5555, 5559,
5561, 5562, 5601, 5612, 5682, 6001, 6065, 6109, 6302, 6311, 6676,
6806, 7011, 7510, 7805; 31 U.S.C. 9301, 9303, 9304, 9306.
2. [The proposed amendatory instructions and the proposed amended
regulatory text for part 19 are the same as the amendatory instructions
and the amended regulatory text set forth in the temporary rule on this
subject published in the Rules and Regulations section of this issue of
the Federal Register.]
PART 24--WINE
3. The authority citation for part 24 continues to read as follows:
Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, 5008, 5041, 5042,
5044, 5061, 5062, 5081, 5111-5113, 5121, 5122, 5142, 5143, 5148,
5173, 5206, 5214, 5215, 5351, 5353, 5354, 5356, 5357, 5361, 5362,
5364-5373, 5381-5388, 5391, 5392, 5511, 5551, 5552, 5661, 5662,
5684, 6065, 6091, 6109, 6301, 6302, 6311, 6651, 6676, 7011, 7302,
7342, 7502, 7503, 7606, 7805, 7851; 31 U.S.C. 9301, 9303, 9304,
9306.
4. [The proposed amendatory instructions and the proposed amended
regulatory text for part 24 are the same as the amendatory instructions
and the amended regulatory text set forth in the temporary rule on this
subject published in the Rules and Regulations section of this issue of
the Federal Register.]
PART 25--BEER
5. The authority citation for part 25 continues to read as follows:
Authority: 19 U.S.C. 81c; 26 U.S.C. 5002, 5051-5054, 5056, 5061,
5091, 5111, 5113, 5142, 5143, 5146, 5148, 5222, 5401-5403, 5411-
5417, 5551, 5552, 5555, 5556, 5671, 5673, 5684, 6011, 6061, 6065,
6091, 6109, 6151, 6301, 6302, 6311, 6313, 6402, 6651, 6656, 6676,
6806, 7011, 7342, 7606, 7805; 31 U.S.C. 9301, 9303-9308.
6. [The proposed amendatory instructions and the proposed amended
regulatory text for part 25 are the same as the amendatory instructions
and the amended regulatory text set forth in the temporary rule on this
subject published in the Rules and Regulations section of this issue of
the Federal Register.]
PART 26--LIQUORS AND ARTICLES FROM PUERTO RICO AND THE VIRGIN
ISLANDS
7. The authority citation for part 26 continues to read as follows:
Authority: 19 U.S.C. 81c; 26 U.S.C. 5001, 5007, 5008, 5010,
5041, 5051, 5061, 5081, 5111, 5112, 5114, 5121, 5122, 5124, 5131-
5134, 5141, 5146, 5148, 5207, 5232, 5271, 5276, 5301, 5314, 5555,
6001, 6301, 6302, 6804, 7101, 7102, 7651, 7652, 7805; 27 U.S.C. 203,
205; 31 U.S.C. 9301, 9303, 9304, 9306.
8. [The proposed amendatory instructions and the proposed amended
regulatory text for part 26 are the same as the amendatory instructions
and the amended regulatory text set forth in the temporary rule on this
subject published in the Rules and Regulations section of this issue of
the Federal Register.]
PART 70--PROCEDURES AND PRACTICES
9. The authority citation for part 70 continues to read as follows:
Authority: 5 U.S.C. 301 and 552; 26 U.S.C. 4181, 4182, 5146,
5203, 5207, 5275, 5367, 5415, 5504, 5555, 5684(a), 5741, 5761(b),
5802, 6020, 6021, 6064, 6102, 6155, 6159, 6201, 6203, 6204, 6301,
6303, 6311, 6313, 6314, 6321, 6323, 6325, 6326, 6331-6343, 6401-
6404, 6407, 6416, 6423, 6501-6503, 6511, 6513, 6514, 6532, 6601,
6602, 6611, 6621, 6622, 6651, 6653, 6656-6658, 6665, 6671, 6672,
6701, 6723, 6801, 6862, 6863, 6901, 7011, 7101, 7102, 7121, 7122,
7207, 7209, 7214, 7304, 7401, 7403, 7406, 7423, 7424, 7425, 7426,
7429, 7430, 7432, 7502, 7503, 7505, 7506, 7513, 7601-7606, 7608-
7610, 7622, 7623, 7653, 7805.
10. [The proposed amendatory instructions and the proposed amended
regulatory text for part 70 are the same as the amendatory instructions
and the amended regulatory text set forth in the temporary rule on this
subject published in the Rules and Regulations section of this issue of
the Federal Register.]
Signed: December 13, 2005.
John J. Manfreda,
Administrator.
Approved: December 23, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 06-980 Filed 2-1-06; 8:45 am]
BILLING CODE 4810-31-P