Electronic Submission of Forms, the Finished Products Records for Distilled Spirits Plants, and Closures on Certain Distilled Spirits Products; Correction, 52198-52199 [2014-20925]

Download as PDF 52198 Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Rules and Regulations DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 73 [Docket No. TTB–2014–0004; T.D. TTB– 119A; Re: T.D. TTB–119] RIN 1513–AB97 Electronic Submission of Forms, the Finished Products Records for Distilled Spirits Plants, and Closures on Certain Distilled Spirits Products; Correction Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Direct final rule; Treasury decision; Correction. AGENCY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently published a direct final rule amending its regulations regarding the electronic submission of forms and other documents. Among other provisions, those amendments added a new section providing that any requirement in the TTB regulations to submit a form to another agency may be met by the electronic submission of the form to the other agency, as long as that agency provides for and authorizes the electronic submission of the form. This final rule corrects those recent amendments by amending the definition of the term ‘‘form’’ to encompass all documents required by the TTB regulations to be submitted to any other agency, as well as to TTB, and by inserting a cross reference to that definition in the new section on the electronic submission of forms to other agencies. DATES: Effective September 3, 2014. FOR FURTHER INFORMATION CONTACT: Michael D. Hoover, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, at 202–453– 1039, ext. 135. SUPPLEMENTARY INFORMATION: SUMMARY: wreier-aviles on DSK5TPTVN1PROD with RULES Recent Amendments to 27 CFR Part 73 The electronic submission of forms to the Alcohol and Tobacco Tax and Trade Bureau (TTB) is governed by the regulations in 27 CFR Part 73, Electronic Signatures; Electronic Submission of Forms. Part 73 sets forth the conditions under which TTB allows current and prospective industry members to submit forms to TTB or to other agencies electronically, and to use electronic signatures or digital signatures to sign those forms, in lieu of submitting paper documents with handwritten signatures. VerDate Mar<15>2010 14:42 Sep 02, 2014 Jkt 232001 When first issued in 2003, part 73 did not address the electronic submission to other agencies of forms that are required by the TTB regulations to be submitted to those agencies (see T.D. TTB–5, 68 FR 58600, October 10, 2003). To address this issue, as well as several other regulatory issues, TTB published T.D. TTB–119 in the Federal Register on March 27, 2014, at 79 FR 17029. The regulatory amendments made by T.D. TTB–119 became effective on April 28, 2014. Among other regulatory changes, T.D. TTB–119 amended 27 CFR 73.1(a)(2) to state that part 73 sets forth the conditions under which TTB allows the electronic submission of certain forms to other agencies, where applicable, in addition to the conditions for the electronic submission of certain forms to TTB. To accomplish this purpose, T.D. TTB–119 added new subpart D, ‘‘Electronic Filing of Documents with Other Agencies,’’ to part 73, which consisted of one new section, § 73.40. This new section provides that any requirement in the TTB regulations to submit a form to another agency may be satisfied by submitting the form electronically to that agency, as long as the agency provides for and authorizes the electronic submission of that form and the submitter satisfies any registration or related requirement of that agency for this electronic submission. A full discussion of the amendments made by T.D. TTB–119, including TTB’s authority to issue regulations under the Internal Revenue Code of 1986, as amended (26 U.S.C.), and the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.), may be found in the preamble to that final rule. Need for Correction of T.D. TTB–119 In part 73, the term ‘‘form’’ is defined in § 73.3 to mean ‘‘all documents required by 27 CFR, chapter I, to be submitted to TTB.’’ In T.D. TTB–119, when adding a provision allowing the electronic submission of forms required by the TTB regulations to be submitted to other agencies, TTB inadvertently neglected to amend this definition to include documents required by 27 CFR chapter I to be submitted to other agencies. Therefore, TTB is correcting the definition of the term ‘‘form’’ in § 73.3 in order to clarify that, when used in part 73, the term ‘‘form’’ includes all documents required by 27 CFR chapter I to be submitted to TTB or to any other agency. In addition, TTB is amending new § 73.40 to add a cross reference to the amended definition of ‘‘form’’ in § 73.3 in order to clarify that the provisions of § 73.40 regarding the PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 electronic submission of forms to other agencies apply to all documents required by the TTB regulations to be submitted to other agencies, not just official TTB forms (documents issued by TTB that bear an Office of Management and Budget control number). These corrections are merely clarifying in nature and do not change any existing regulatory or recordkeeping requirement. Inapplicability of Prior Notice and Comment Procedures and Delayed Effective Date Requirement TTB is issuing this final rule without prior notice and opportunity for public comment in accordance with sections 553(b)(A) and (B) of the Administrative Procedure Act (5 U.S.C. 553(b)(A) and (B)). These provisions authorize an agency to issue a rule without prior notice and comment when it issues rules of agency procedure or when an agency for good cause finds that prior notice and public comment procedures are unnecessary. Because the amendments contained in this final rule merely make technical corrections to existing procedural regulations in order to clarify the application of those provisions to documents submitted electronically to other agencies, and because these corrections do not change TTB’s interpretation of any regulation or the requirements of any recordkeeping provision, TTB has determined that the 5 U.S.C. 553(b) prior notice and public comment requirement does not apply to this final rule. Because this final rule merely makes technical corrections to existing regulations to clarify the application of those provisions to documents submitted electronically to other agencies and does not change TTB’s interpretation of any regulation or the requirements of any recordkeeping provision, TTB finds good cause under 5 U.S.C. 553(d)(3) to dispense with the effective date limitation in 5 U.S.C. 553(d). Drafting Information Michael D. Hoover of the Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, drafted this document. List of Subjects in 27 CFR Part 73 Electronic filing, Reporting and recordkeeping requirements. Amendments to the Regulations For the reasons set forth in the preamble, TTB is correcting 27 CFR chapter I, part 73 as follows: E:\FR\FM\03SER1.SGM 03SER1 Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Rules and Regulations PART 73—Electronic Signatures; Electronic Submission of Forms 1. The authority citation for part 73 continues to read as follows: ■ Authority: 26 U.S.C. 6011(f), 6061(b), 7502(c); 44 U.S.C. 3504 Note. § 73.3 [Amended] 2. In § 73.3, the definition of the term ‘‘Form(s)’’ is amended by adding the words ‘‘or any other agency’’ before the period at the end of the definition. ■ § 73.40 [Amended] 3. In § 73.40, the first sentence is amended by adding the parenthetical phrase ‘‘(as that term is defined in § 73.3)’’ after the words ‘‘to submit a form’’. ■ Dated: August 25, 2014. John J. Manfreda, Administrator. Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking [FR Doc. 2014–20925 Filed 9–2–14; 8:45 am] BILLING CODE 4810–31–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2014–0658] RIN 1625–AA00 Safety Zone: Urban Shield 2014, South San Francisco Bay, Oakland, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone in the navigable waters of South San Francisco Bay in Oakland, CA in support of the Urban Shield maritime training exercises. This safety zone is established to ensure the safety of the exercise participants and mariners transiting the area. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative. DATES: This rule is effective on September 6 and 7, 2014. This rule will be enforced from 8 a.m. to 7 p.m. on September 6 and 7, 2014. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2014–0658. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click wreier-aviles on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:42 Sep 02, 2014 ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or email Lieutenant Junior Grade Joshua Dykman, U.S. Coast Guard Sector San Francisco; telephone (415) 399–3585 or email at D11-PFMarineEvents@uscg.mil. If you have questions on viewing the docket, call Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Jkt 232001 A. Regulatory History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. The Coast Guard received the information about the event on July 12, 2014, and the event would occur before the rulemaking process would be completed. Law enforcement officers will be conducting maritime interdiction operations that require freedom of movement in a defined area. The safety zone is necessary to provide for the safety of the law enforcement officers participating in the training exercises as well as provide for the safety of vessels transiting near the training area. For the safety concerns noted, it is in the public interest to have these regulations in effect during the event. B. Basis and Purpose The legal basis for the proposed rule is 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 52199 Delegation No. 0170.1, which collectively authorize the Coast Guard to establish safety zones. The Alameda County Fire Department will host Urban Shield 2014 on September 6 and 7, 2014 in the navigable waters of South San Francisco Bay in Oakland, CA. The safety zone is issued to establish a temporary restricted area on the waters surrounding the training exercise. This restricted area is necessary to provide freedom of movement for law enforcement officers conducting maritime interdiction training and to ensure the safety of mariners transiting the area. C. Discussion of the Final Rule The Coast Guard will enforce a safety zone in navigable waters around the Urban Shield maritime training exercises. The Urban Shield 2014 Safety Zone establishes a temporary restricted area on the water within an area connecting the following points: 37°41′57″ N, 122°13′17″ W; 37°41′49″ N, 122°17′42″ W; 37°40′16″ N, 122°17′42″ W; 37°40′27″ N, 122°14′49″ W; thence back to the point of origin (NAD 83). This safety zone will be enforced from 8 a.m. until 7 p.m. on September 6 and 7, 2014. At the conclusion of the training exercises the safety zone shall terminate. The effect of the temporary safety zone will be to restrict navigation in the vicinity of the training exercise. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the restricted area. These regulations are needed to keep vessels a safe distance away from the vicinity of the training exercise to ensure the safety of law enforcement officers conducting training and other mariners transiting the area. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and E:\FR\FM\03SER1.SGM 03SER1

Agencies

[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Rules and Regulations]
[Pages 52198-52199]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20925]



[[Page 52198]]

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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 73

[Docket No. TTB-2014-0004; T.D. TTB-119A; Re: T.D. TTB-119]
RIN 1513-AB97


Electronic Submission of Forms, the Finished Products Records for 
Distilled Spirits Plants, and Closures on Certain Distilled Spirits 
Products; Correction

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Direct final rule; Treasury decision; Correction.

-----------------------------------------------------------------------

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently 
published a direct final rule amending its regulations regarding the 
electronic submission of forms and other documents. Among other 
provisions, those amendments added a new section providing that any 
requirement in the TTB regulations to submit a form to another agency 
may be met by the electronic submission of the form to the other 
agency, as long as that agency provides for and authorizes the 
electronic submission of the form. This final rule corrects those 
recent amendments by amending the definition of the term ``form'' to 
encompass all documents required by the TTB regulations to be submitted 
to any other agency, as well as to TTB, and by inserting a cross 
reference to that definition in the new section on the electronic 
submission of forms to other agencies.

DATES: Effective September 3, 2014.

FOR FURTHER INFORMATION CONTACT: Michael D. Hoover, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, at 202-453-
1039, ext. 135.

SUPPLEMENTARY INFORMATION:

Recent Amendments to 27 CFR Part 73

    The electronic submission of forms to the Alcohol and Tobacco Tax 
and Trade Bureau (TTB) is governed by the regulations in 27 CFR Part 
73, Electronic Signatures; Electronic Submission of Forms. Part 73 sets 
forth the conditions under which TTB allows current and prospective 
industry members to submit forms to TTB or to other agencies 
electronically, and to use electronic signatures or digital signatures 
to sign those forms, in lieu of submitting paper documents with 
handwritten signatures.
    When first issued in 2003, part 73 did not address the electronic 
submission to other agencies of forms that are required by the TTB 
regulations to be submitted to those agencies (see T.D. TTB-5, 68 FR 
58600, October 10, 2003). To address this issue, as well as several 
other regulatory issues, TTB published T.D. TTB-119 in the Federal 
Register on March 27, 2014, at 79 FR 17029. The regulatory amendments 
made by T.D. TTB-119 became effective on April 28, 2014.
    Among other regulatory changes, T.D. TTB-119 amended 27 CFR 
73.1(a)(2) to state that part 73 sets forth the conditions under which 
TTB allows the electronic submission of certain forms to other 
agencies, where applicable, in addition to the conditions for the 
electronic submission of certain forms to TTB. To accomplish this 
purpose, T.D. TTB-119 added new subpart D, ``Electronic Filing of 
Documents with Other Agencies,'' to part 73, which consisted of one new 
section, Sec.  73.40. This new section provides that any requirement in 
the TTB regulations to submit a form to another agency may be satisfied 
by submitting the form electronically to that agency, as long as the 
agency provides for and authorizes the electronic submission of that 
form and the submitter satisfies any registration or related 
requirement of that agency for this electronic submission.
    A full discussion of the amendments made by T.D. TTB-119, including 
TTB's authority to issue regulations under the Internal Revenue Code of 
1986, as amended (26 U.S.C.), and the Federal Alcohol Administration 
Act (27 U.S.C. 201 et seq.), may be found in the preamble to that final 
rule.

Need for Correction of T.D. TTB-119

    In part 73, the term ``form'' is defined in Sec.  73.3 to mean 
``all documents required by 27 CFR, chapter I, to be submitted to 
TTB.'' In T.D. TTB-119, when adding a provision allowing the electronic 
submission of forms required by the TTB regulations to be submitted to 
other agencies, TTB inadvertently neglected to amend this definition to 
include documents required by 27 CFR chapter I to be submitted to other 
agencies. Therefore, TTB is correcting the definition of the term 
``form'' in Sec.  73.3 in order to clarify that, when used in part 73, 
the term ``form'' includes all documents required by 27 CFR chapter I 
to be submitted to TTB or to any other agency. In addition, TTB is 
amending new Sec.  73.40 to add a cross reference to the amended 
definition of ``form'' in Sec.  73.3 in order to clarify that the 
provisions of Sec.  73.40 regarding the electronic submission of forms 
to other agencies apply to all documents required by the TTB 
regulations to be submitted to other agencies, not just official TTB 
forms (documents issued by TTB that bear an Office of Management and 
Budget control number).
    These corrections are merely clarifying in nature and do not change 
any existing regulatory or recordkeeping requirement.

Inapplicability of Prior Notice and Comment Procedures and Delayed 
Effective Date Requirement

    TTB is issuing this final rule without prior notice and opportunity 
for public comment in accordance with sections 553(b)(A) and (B) of the 
Administrative Procedure Act (5 U.S.C. 553(b)(A) and (B)). These 
provisions authorize an agency to issue a rule without prior notice and 
comment when it issues rules of agency procedure or when an agency for 
good cause finds that prior notice and public comment procedures are 
unnecessary. Because the amendments contained in this final rule merely 
make technical corrections to existing procedural regulations in order 
to clarify the application of those provisions to documents submitted 
electronically to other agencies, and because these corrections do not 
change TTB's interpretation of any regulation or the requirements of 
any recordkeeping provision, TTB has determined that the 5 U.S.C. 
553(b) prior notice and public comment requirement does not apply to 
this final rule.
    Because this final rule merely makes technical corrections to 
existing regulations to clarify the application of those provisions to 
documents submitted electronically to other agencies and does not 
change TTB's interpretation of any regulation or the requirements of 
any recordkeeping provision, TTB finds good cause under 5 U.S.C. 
553(d)(3) to dispense with the effective date limitation in 5 U.S.C. 
553(d).

Drafting Information

    Michael D. Hoover of the Regulations and Rulings Division, Alcohol 
and Tobacco Tax and Trade Bureau, drafted this document.

List of Subjects in 27 CFR Part 73

    Electronic filing, Reporting and recordkeeping requirements.

Amendments to the Regulations

    For the reasons set forth in the preamble, TTB is correcting 27 CFR 
chapter I, part 73 as follows:

[[Page 52199]]

PART 73--Electronic Signatures; Electronic Submission of Forms

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  26 U.S.C. 6011(f), 6061(b), 7502(c); 44 U.S.C. 3504 
Note.


Sec.  73.3  [Amended]

0
2. In Sec.  73.3, the definition of the term ``Form(s)'' is amended by 
adding the words ``or any other agency'' before the period at the end 
of the definition.


Sec.  73.40  [Amended]

0
3. In Sec.  73.40, the first sentence is amended by adding the 
parenthetical phrase ``(as that term is defined in Sec.  73.3)'' after 
the words ``to submit a form''.

    Dated: August 25, 2014.
John J. Manfreda,
Administrator.
[FR Doc. 2014-20925 Filed 9-2-14; 8:45 am]
BILLING CODE 4810-31-P