Reclassification of Specially Denatured Spirits and Completely Denatured Alcohol Formulas and Related Amendments, 59445-59464 [2016-20712]
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Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
provided by other laws or regulations or
unless the employee has agreed in
writing to a greater amount.
(2) Installment deductions. (i) The
size of installment deductions must bear
a reasonable relation to the size of the
debt and the employee’s ability to pay.
If possible, the size of the deduction
will be that necessary to liquidate the
debt in no more than 1 year. However,
the amount deducted for any period
must not exceed 15 percent of the
disposable pay from which the
deduction is made, except as provided
by other laws or regulations or unless
the employee has agreed in writing to a
greater amount.
(ii) Installment payments of less than
$50 per pay period will be accepted
only in unusual circumstances such as
when that amount exceeds 15% of
disposable pay.
(iii) Installment deductions should be
sufficient in size and frequency to
liquidate the Government’s claim within
three years and must be made over a
period not greater than the anticipated
period of employment.
So long as there are no statutory or
contractual provisions to the contrary,
no employee payment (of all or a
portion of a debt) collected under this
part will be interpreted as a waiver of
any rights that the employee may have
under 5 U.S.C. 5514.
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§ 1306.18
Waiver of indebtedness.
(a) An employee may request a waiver
of indebtedness. When an employee
makes a request under a statutory right,
further collection may be stayed
pending an administrative
determination on the request. During
the period of any suspension, interest,
penalties and administrative charges
may be held in abeyance. MCC will not
duplicate, for purposes of salary offset,
any of the notices/procedures already
provided the debtor prior to a request
for waiver.
(b) Waiver of indebtedness is an
equitable remedy and as such must be
based on an assessment of the facts
involved in the individual case under
consideration. The burden is on the
employee to demonstrate that the
applicable waiver standard has been
met in accordance with MCC’s Policy on
Waivers of Indebtedness.
(c) A debtor requesting a waiver shall
do so in writing to the official identified
in § 1306.12(a)(8) and within the
timeframe stated within the initial
notice sent under § 1306.12. The
debtor’s written response shall state the
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basis for the dispute and include any
relevant documentation in support.
(d) While a waiver request is pending,
MCC may suspend collection, including
the accrual of interest and penalties, on
the debt if MCC determines that
suspension is in the agency’s best
interest or would serve equity and good
conscience.
Dated: August 25, 2016.
Laura M. Leussing,
Assistant General Counsel, Millennium
Challenge Corporation.
§ 1306.19
Alcohol and Tobacco Tax and Trade
Bureau
Compromise.
MCC may attempt to effect a
compromise with respect to the debt in
accordance with the process and
standards set forth in the FCCS, 31 CFR
part 902.
§ 1306.20
Suspension.
§ 1306.21
Termination.
Any termination of a collection action
shall be made in accordance with the
standards set forth in the FCCS, 31 CFR
903.1 and 903.3–903.4.
Discharge.
Once a debt has been closed out for
accounting purposes and collection has
been terminated, the debt is discharged.
MCC must report discharged debt as
income to the debtor to the Internal
Revenue Service per 26 U.S.C. 6050P
and 26 CFR 1.6050P–1.
§ 1306.23
Bankruptcy.
A debtor should notify MCC at the
contact office provided in the original
notice of the debt, if the debtor has filed
for bankruptcy. MCC will require
documentation from the applicable
court indicating the date of filing and
type of bankruptcy. Pursuant to the laws
of bankruptcy, MCC will suspend debt
collection upon such filing unless the
automatic stay is no longer in effect or
has been lifted. In general, collection of
a debt discharged in bankruptcy shall be
terminated unless otherwise provided
for by bankruptcy law.
§ 1306.24
Refunds.
(a) MCC will refund promptly to the
appropriate individual amounts offset
under this part when:
(1) A debt is waived or otherwise
found not owing the United States
(unless expressly prohibited by statute
or regulation); or
(2) MCC is directed by an
administrative or judicial order to make
a refund.
(b) Refunds do not bear interest unless
required or permitted by law or
contract.
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[FR Doc. 2016–20800 Filed 8–29–16; 8:45 am]
BILLING CODE 9211–03–P
DEPARTMENT OF THE TREASURY
27 CFR Parts 19, 20, 21, 27, and 28
[Docket No. TTB–2013–0005; T.D. TTB–140;
Re: Notice No. 136]
RIN 1513–AB59
Any suspension of collection action
shall be made in accordance with the
standards set forth in the FCCS, 31 CFR
903.1–903.2.
§ 1306.22
§ 1306.17 Non-waiver of rights by
payments.
59445
Reclassification of Specially Denatured
Spirits and Completely Denatured
Alcohol Formulas and Related
Amendments
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau is amending its
regulations concerning denatured
alcohol and products made with
industrial alcohol. The amendments
eliminate outdated specially denatured
spirits formulas from the regulations,
reclassify some specially denatured
spirits formulas as completely
denatured alcohol formulas, and issue
some new general-use formulas for
manufacturing products with specially
denatured spirits. The amendments
remove unnecessary regulatory burdens
on the industrial alcohol industry, as
well as on TTB, and align the
regulations with current industry
practice. The amendments also make
other improvements and clarifications,
as well as a number of minor technical
changes and corrections to the
regulations.
SUMMARY:
This final rule is effective
October 31, 2016.
DATES:
FOR FURTHER INFORMATION CONTACT:
Karen Welch, Alcohol and Tobacco Tax
and Trade Bureau, Regulations and
Rulings Division; telephone 202–453–
1039, ext. 046; email
IndustrialAlcoholRegs@ttb.gov.
SUPPLEMENTARY INFORMATION:
Authority and Background
Internal Revenue Code
Chapter 51 of the Internal Revenue
Code of 1986 (IRC), 26 U.S.C. chapter
51, contains excise tax and related
provisions concerning distilled spirits
used for both beverage and nonbeverage
purposes. The IRC imposes an excise tax
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rate of $13.50 per proof gallon on
distilled spirits (26 U.S.C. 5001). Under
section 5006(a) of the IRC (26 U.S.C.
5006(a)) the excise tax on distilled
spirits is generally determined at the
time the distilled spirits are withdrawn
from the bonded premises of a distilled
spirits plant.
However, section 5214(a) of the IRC
authorizes, subject to regulations
prescribed by the Secretary of the
Treasury, the following two types of
spirits to be withdrawn free of tax:
• Spirits that have been ‘‘denatured’’
by the addition of materials that make
the spirits unfit for beverage
consumption; and
• Undenatured spirits for certain
governmental, educational, medical, or
research purposes.
Section 5214(a)(1) of the IRC permits
the withdrawal of denatured spirits free
of tax for:
• Exportation;
• Use in the manufacture of a definite
chemical substance, where such
distilled spirits are changed into some
other chemical substance and do not
appear in the finished product; or
• Any other use in the arts or
industry, or for fuel, light, or power,
except that, under 26 U.S.C. 5273(b),
denatured spirits may not be used in the
manufacture of medicines or flavors for
internal human use where any of the
spirits remain in the finished product,
and, under section 5273(d), denatured
spirits may not be withdrawn or sold for
beverage purposes.
The IRC authorizes the Secretary of
the Treasury to prescribe regulations
regarding the production, warehousing,
denaturing, distribution, sale, export,
and use of industrial alcohol in order to
protect the revenue (26 U.S.C. 5201),
and to regulate materials that are
suitable to denature distilled spirits (26
U.S.C. 5241 and 5242). Section 5242
states that denaturing materials shall be
such as to render the spirits with which
they are admixed unfit for beverage or
internal medicinal use and that the
character and quantity of denaturing
materials used shall be as prescribed by
the Secretary by regulations.
Furthermore, section 5273(a) of the IRC
requires that any person using specially
denatured spirits (which is defined in
the following section of this document)
to manufacture products:
* * * shall file such formulas and
statements of process, submit such samples,
and comply with such other requirements, as
the Secretary shall by regulations prescribe,
and no person shall use specially denatured
distilled spirits in the manufacture or
production of any article until approval of
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the article, formula, and process has been
obtained from the Secretary.1
Regulation of Denatured Spirits
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers chapter
51 of the IRC pursuant to section
1111(d) of the Homeland Security Act of
2002, codified at 6 U.S.C. 531(d). The
Secretary has delegated various
authorities through Treasury
Department Order 120–01 (dated
December 10, 2013, superseding
Treasury Order 120–01 (Revised),
‘‘Alcohol and Tobacco Tax and Trade
Bureau,’’ dated January 24, 2003), to the
TTB Administrator to perform the
functions and duties in the
administration and enforcement of this
law.
Regulations pertaining specifically to
denatured spirits are found in 27 CFR
part 20 (Distribution and use of
denatured alcohol and rum) and part 21
(Formulas for denatured alcohol and
rum). Certain provisions in TTB’s
regulations in 27 CFR part 19 (Distilled
spirits plants), part 27 (Importation of
distilled spirits, wines, and beer), and
part 28 (Exportation of alcohol) also
concern denatured spirits. Denatured
spirits are spirits to which
denaturants—which are materials that
make alcoholic mixtures unfit for
beverage or internal human medicinal
use—have been added in accordance
with 27 CFR part 21. TTB approves
denaturants if the denaturants: (1) Make
the spirits unfit for beverage or internal
human medicinal use (26 U.S.C. 5242
and 27 CFR 21.11), (2) are adequate to
protect the Federal excise tax revenue
(27 CFR 21.91), and (3) are suitable for
the intended use of the denatured spirits
(26 U.S.C. 5242).2
There are two types of denatured
spirits: Completely denatured alcohol
(C.D.A.) and specially denatured spirits
(referred to as ‘‘S.D.S.’’ for purposes of
this preamble). C.D.A. jeopardizes the
revenue less than S.D.S. does—first,
C.D.A. is more offensive to the taste
than S.D.S. and thus C.D.A. is less likely
1 Other sections of the IRC relating to denatured
spirits set forth requirements pertaining to the
taxation and manufacture of distilled spirits, the
withdrawal of distilled spirits free of tax or without
payment of tax, the importation and exportation of
distilled spirits, the issuance of permits for
industrial alcohol users and dealers, the sale and
use of industrial alcohol, and the recovery of
potable alcohol from industrial alcohol (see 26
U.S.C. 5002 through 5008, 5061, 5062, 5101, 5111,
5112, 5131, 5132, 5181, 5204, 5214, 5232, 5235,
5271, 5273, and 5313).
2 In most cases, spirits used for industrial
purposes are ‘‘alcohol,’’ which in this context
means a type of spirits distilled at more than 160
degrees of proof and substantially neutral in
character, lacking the taste, aroma, and other
characteristics generally attributed to whisky,
brandy, rum, or gin. (27 CFR 19.487(a)(1).)
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to be used for beverage purposes, and
second, it is more difficult to separate
potable alcohol from C.D.A. than it is
from S.D.S. For these reasons, the
withdrawal and use of C.D.A. are
subject to less stringent regulatory
oversight than are the withdrawal and
use of S.D.S.
Title 27 CFR 20.41 provides that
permits are required to withdraw, deal
in, or use S.D.S. The regulations also
require that dealers and users of S.D.S.
maintain specified records and retain
invoices (see 27 CFR 20.262 through
20.268). Under § 20.264(b), users of
S.D.S. are required to submit an annual
report to TTB, and, under § 20.262(d), a
dealer, as defined in 27 CFR 20.11,
when requested by TTB, must submit a
required accounting of each formulation
of new and recovered S.D.S. In contrast,
under 27 CFR 20.141, no permits are
required to use or distribute C.D.A.
(with the exception of recovery for
reuse). A person that receives, packages,
stores, disposes of, or uses C.D.A. is
required to maintain records only when
specifically requested by TTB (see 27
CFR 20.261). The regulations do not
provide any reporting requirements for
persons that use or deal in C.D.A.
The regulations prescribe formulas for
C.D.A. and for S.D.S. C.D.A. generally
may be sold and used for any purpose
(§ 20.141), with the exception that
C.D.A. denatured in accordance with
Formula No. 20 is restricted to fuel use
(27 CFR 21.24). In contrast, S.D.S.,
which is generally used as a raw
material or ingredient in the
manufacture of other products (termed
‘‘articles’’), may not be used for any
purpose not specifically authorized in
the regulations. The authorized
purposes are categorized within ‘‘use
codes,’’ which are published in the
regulations in 27 CFR part 21.
Manufacture of Articles With Denatured
Spirits
Both C.D.A. and S.D.S. may be used
to manufacture articles, which are
defined in section 5002(a)(14) of the IRC
(26 U.S.C. 5002(a)(14)) as ‘‘any
substance in the manufacture of which
denatured distilled spirits are used.’’
The manufacture of articles with C.D.A.
is generally unregulated. By contrast,
the manufacture of articles with S.D.S.
is strictly regulated under 27 CFR part
20, in accordance with sections 5271
through 5275 of the IRC (26 U.S.C.
5271–5275). A significant aspect of this
regulation is the requirement for prior
TTB approval of all articles made with
S.D.S. Such approval is mandated by
law in section 5273(a) of the IRC (26
U.S.C. 5273(a)), which states, ‘‘* * * no
person shall use specially denatured
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distilled spirits in the manufacture or
production of any article until approval
of the article, formula, and process has
been obtained from the Secretary.’’
TTB approval of articles takes two
forms. First, TTB approves specific,
proprietary formulas and processes for
articles, submitted by manufacturers on
TTB Form 5150.19, Formula and/or
Process for Article Made with Specially
Denatured Spirits. (TTB encourages
industry members to submit this form
electronically using Formulas Online,
which is available at www.ttb.gov.)
Second, ‘‘general-use formulas,’’ which
TTB generally approves by publishing
them in the regulations in 27 CFR part
20, are approved formulas for articles.
General-use formulas may be used by
any manufacturer that has a TTB permit
to use S.D.S. in the manufacture of
articles. Each general-use formula
authorizes the production of only a
specific type of article. Under § 20.111,
manufacturers of articles produced
pursuant to general-use formulas are not
required to obtain specific formula
approval from TTB on TTB Form
5150.19. Thus, the regulatory burden is
lighter on manufacturers producing
articles pursuant to general-use
formulas than on manufacturers
producing articles pursuant to other
formulas that prescribe S.D.S. (In fiscal
year 2015, TTB received 1,163 formula
applications on TTB Form 5150.19.)
Terminology
TTB is providing the following
definitions to assist in comprehension
of this final rule:
• An article is any substance or
preparation manufactured using
denatured spirits.
• Completely Denatured Alcohol
(C.D.A.) is alcohol that has been
denatured under a formula specified in
subpart C of 27 CFR part 21. Only a
registered distilled spirits plant may
produce C.D.A. TTB and industry
generally refer to formulations of C.D.A.
by the formula number. For example, a
formulation produced in accordance
with C.D.A. Formula No. 20 is simply
referred to as ‘‘C.D.A. 20.’’ To reflect the
common parlance, this same shorthand
is used throughout this document.
• A formula is an instruction for
manufacturing a product, and is
analogous to a recipe that a cook
follows. This document refers to two
broad types of formulas: denatured
alcohol formulas and article formulas.
Denatured alcohol formulas specify the
instructions for producing either S.D.S
(as specified in 27 CFR part 21 subpart
D) or C.D.A. (as specified in 27 CFR part
21 subpart C). Article formulas include
both formulas approved individually by
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TTB on TTB Form 5150.19 and generaluse formulas (as specified in 27 CFR
20.112 through 20.119).
• A formulation is a physical product
manufactured in accordance with a
formula, and is analogous to a cooked
meal that has been prepared using a
recipe. The word ‘‘formulation’’ can
refer to S.D.S., C.D.A., or an article.
• A general-use formula is a formula
for making a certain type of article that
is prescribed by 27 CFR 20.112 through
20.119, approved by TTB as an alternate
method, or published as a TTB ruling.
Specific formula approval by TTB on
Form 5150.19 is not required for an
article made pursuant to a general-use
formula.
• Specially Denatured Alcohol
(S.D.A) is alcohol that has been
denatured following a formula specified
in subpart D of 27 CFR part 21. A
formulation of S.D.A. may be used only
for the uses specified for the
corresponding formula in 27 CFR part
21.
• Specially Denatured Rum (S.D.R.) is
a rum that has been denatured following
the formula specified in subpart D of 27
CFR part 21. S.D.R. may be used only
for the uses specified for that formula in
27 CFR part 21.
• Specially Denatured Spirits (S.D.S.)
are specially denatured alcohol (S.D.A.)
and/or specially denatured rum (S.D.R.).
Only a registered distilled spirits plant
may produce S.D.S. TTB and industry
generally refer to formulations of S.D.S.
by the formula number. For example, a
formulation produced in accordance
with S.D.A. Formula No. 40–B is simply
referred to as ‘‘S.D.A. 40–B.’’ To reflect
the common parlance, this same
shorthand is used throughout this
document.
Notice of Proposed Rulemaking
On June 27, 2013, TTB published
Notice No. 136 in the Federal Register
(78 FR 38628) to propose several
changes to the regulations to ease
burdens on industry members and on
TTB, as well as other improvements and
clarifications. While a more detailed
description of those proposals can be
found in Notice No. 136, TTB provides
a general summary below:
Removal of Certain S.D.A. Formulas
In Notice No. 136, TTB proposed to
remove, from part 21, 16 S.D.A.
formulas that do not appear to be in
use—specifically, S.D.A. Formula Nos.
2–C, 3–B, 6–B, 17, 20, 22, 23–F, 27, 27–
A, 27–B, 33, 38–C, 39, 39–A, 42, and 46.
In addition to proposing to remove
those 16 formulas, TTB also proposed to
remove references to those formulas
from part 21, as well as references to,
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and any specifications for, denaturants
that are prescribed by those 16 formulas
and are not mentioned in other
formulas.
Reclassification of Certain S.D.A.
Formulas as C.D.A. Formulas
TTB identified two S.D.A. formulas
that TTB could reclassify as C.D.A.
formulas, because it would be very
difficult to separate the denaturant from
the alcohol in the resulting formulation.
TTB proposed to reclassify S.D.A.
Formula Nos. 12–A and 35 as C.D.A.
formulas by removing 27 CFR 21.40 and
21.61 and by adding new 27 CFR 21.21a
and 21.25 respectively. TTB also
proposed to remove other references to
these two S.D.A. formulas from part 21.
General-Use Formula for Articles Made
With Certain S.D.A. Formulations
TTB also determined that it would be
appropriate to issue a new, multipurpose general-use formula for any
appropriate articles made with one or
more of 15 S.D.A. formulations that TTB
identified as being appropriate for the
general-use formula. Such a general-use
formula would alleviate paperwork
burdens for both industry members and
TTB, because the manufacturer of an
article produced in accordance with a
general-use formula is not required to
obtain specific formula approval from
TTB on Form 5150.19. Furthermore,
because it would be difficult to separate
the alcohol from the articles produced
using one or more of those 15 S.D.A.
formulations, the revenue would not be
jeopardized. Accordingly, TTB
proposed to specify S.D.A. Formula
Nos. 1, 3–A, 13–A, 19, 23–A, 23–H, 30,
32, 35–A, 36, 37, 38–D, 40, 40–A, and
40–B in a multi-purpose general-use
formula in new 27 CFR 20.120.
General-Use Formulas, With Conditions,
for Certain Articles Made With S.D.A.
Formulas
TTB also identified three S.D.A.
formulations that may be used as
ingredients, subject to certain
conditions, in certain general-use
formulas. Accordingly, TTB proposed:
• To allow the use of S.D.A. 18 in a
vinegar general-use formula in new 27
CFR 20.121 (which would have as a
condition that the ethyl alcohol either
loses its identity in the vinegar-making
process or only residual ethyl alcohol
within the limit specified in 27 CFR
20.104 remains);
• To allow the use of S.D.A. 39–C in
a new general-use formula in 27 CFR
20.122 (which would have as a
condition that each gallon of finished
product contain not less than 2 fluid
ounces of perfume material); and
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• To provide for the use of S.D.A. 40–
C in a pressurized container general-use
formula in new 27 CFR 20.123 (which
would have as a condition that the
formula only be used in the
manufacture of products that will be
packaged in pressurized containers in
which the liquid contents are in
intimate contact with the propellant and
from which the contents are not easily
removable in liquid form).
Only the uses that are currently
approved for the corresponding S.D.A.
formula in part 21 would be allowed
under each of these three new generaluse formulas.
TTB also proposed to remove 27 CFR
20.103 from the regulations. Section
20.103 requires that articles made with
S.D.A. 39–C contain at least two fluid
ounces of perfume material in each
gallon of finished product. Because this
condition will appear in the general-use
formula specified in the new § 20.122,
and because the new general-use
formula covers all articles made with
S.D.A. 39–C, the condition is no longer
needed in § 20.103.
Additional Changes to Formulas
In addition to the changes discussed
above, TTB proposed to:
• Create a general-use formula for
duplicating fluids and ink solvents
specifying S.D.A. 1, 3–A, and 3–C in
new 27 CFR 20.124; and
• Amend the proprietary solvents
general-use formula (27 CFR 20.113) to
also allow the use of S.D.A. 3–C in
making proprietary solvents.
TTB also proposed to remove
benzene—which the U.S.
Environmental Protection Agency (EPA)
has designated in its regulations as a
hazardous air pollutant under the Clean
Air Act (40 CFR 61.01(a))—as a
denaturant prescribed in S.D.A.
Formula No. 2–B (27 CFR 21.33), and to
exclude benzene from the denaturants
prescribed by the new C.D.A. Formula
No. 12–A in proposed § 21.21a. While
TTB also proposed to remove benzene
from the list of authorized denaturants
in 27 CFR 21.151, TTB did not propose
to remove the specifications for benzene
contained in 27 CFR 21.97. TTB will
remove § 21.97 in this rule because the
benzene specifications are no longer
needed.
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Other Substantive Changes
In addition to the changes to the
S.D.S. and C.D.A formulas, denaturant
specifications, and general-use
formulas, TTB also proposed the
following changes to the regulations to
provide greater flexibility to industry
members:
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• To clarify the regulations relating to
the destruction of S.D.S. or recovered
alcohol, TTB proposed to amend 27 CFR
20.222 to state that destruction of
recovered material that is not
sufficiently denatured to meet the
formula specifications of an article must
be done by the original manufacturer, a
distilled spirits plant, or a facility that
possesses an S.D.S. dealer’s permit.
• TTB proposed to amend 27 CFR
20.63 to allow any permittee to adopt,
for use at any of its plants, any formula
previously approved for use at another
of its plants, or any formula previously
approved for its parent or wholly-owned
subsidiary.
• TTB proposed to amend § 20.102 to
except bay rum, alcoholado, and
alcoholado-type toilet waters produced
under an approved formula and
endorsed ‘‘For Export Only’’ from the
requirement that they be produced from
the materials specified in that section.
• To make the regulations on reagent
alcohol less restrictive, TTB proposed to
amend 27 CFR 20.117 to allow
permittees who have a legitimate use for
reagent alcohol in manufacturing to
receive it for that purpose, but only from
distilled spirits plants and S.D.S. user or
dealer permittees. TTB also proposed to
amend § 20.117(a) to provide for
treatment of reagent alcohol as S.D.A.
when distributed for use in
manufacturing.
• TTB proposed to amend 27 CFR
20.134 to allow containers of articles to
either (1) bear a label or (2) have the
required information etched or printed
directly on the containers, since the
technology now exists to etch or print
information directly on containers.
• TTB proposed to amend the
regulations by adding a new 27 CFR
20.183 which would allow for the
exportation of most S.D.S. formulations
by dealers provided that the S.D.S.
conforms to a formula specified in part
21 of the TTB regulations, that the
exportation is to a country, the laws of
which allow the importation of such
spirits, and that the dealer notifies TTB
of the exportation.
• TTB proposed to add new § 20.193
(27 CFR 20.193) to allow for the export
of articles that would not be approved
for domestic distribution. Previously,
TTB and its predecessor agency, the
Bureau of Alcohol, Tobacco, and
Firearms (ATF), provided for such
exports on individual bases as alternate
methods or procedures.
Clarifying and Technical Changes
In Notice No. 136, TTB proposed
several technical changes, as well as
changes to clarify the regulations, and
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TTB is finalizing those changes in this
rulemaking.
Comments Received and TTB
Responses
TTB received a total of four comment
submissions in response to Notice No.
136, from Archer Daniels Midland
Company (ADM) (Comment 1), an
individual who works in industry
(Comment 2), Videojet Technologies,
Inc. (‘‘Videojet’’) (Comments 3a through
3d), and the Renewable Fuels
Association (RFA) (Comment 4). All
comments appear on ‘‘Regulations.gov,’’
the Federal Rulemaking portal, at https://
www.regulations.gov, in Docket No.
TTB–2013–0005.
Comment 1
ADM’s comment submission
(Comment 1) included nine specific
comments. One of those comments
expressed support for the clarification
regarding the importation of denatured
spirits and fuel alcohol in § 27.222.
ADM’s eight other comments, and TTB’s
responses, are as follows:
• ADM comment: ADM stated that
the current general-use formulas
(§§ 20.112 through 20.118) ‘‘are
prescriptive in that they detail what
denaturants and amounts must be added
to the applicable S.D.A.,’’ but the
general-use formula proposed in
§ 20.120 is ‘‘less prescriptive in that it
only states that an additional denaturant
must be added.’’ ADM noted their
concern that the proposed formula
could be misinterpreted, which would
result in inadvertent noncompliance.
TTB response: General-use formulas
do not specify denaturants that must be
used in producing an article. Rather,
they specify which type of S.D.A. must
be used to produce the article. It is the
S.D.A. that contains the denaturants, per
the S.D.A. formula provided in 27 CFR
part 21. Some of the general-use
formulas also specify additional
ingredients that must be used, but not
all of the existing general use-formulas
specify exact quantities of additional
ingredients. For example, the existing
tobacco flavor general-use formula
(§ 20.114) only requires the use of
S.D.A. Formula No. 4 or S.D.R. Formula
No. 4 and ‘‘sufficient flavors,’’ and the
existing ink general-use formula in
§ 20.115 only requires the use of one of
several specified S.D.A. formulations
and ‘‘sufficient pigments, dyes, or
dyestuffs.’’ The permissiveness of the
general-use formula proposed in the
new § 20.120 is consistent with TTB’s
longstanding approach. This approach
provides manufacturers with a degree of
flexibility in producing articles—which
minimizes the paperwork burden
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imposed on both manufacturers and
TTB—while still protecting the revenue.
Therefore, TTB will finalize the generaluse formula in § 20.120 as proposed.
• ADM comment: ADM noted that the
names of existing general-use formulas
describe the type of article that is
produced in accordance with the
general-use formula. ADM
recommended that TTB assign a similar
type of name to the general-use formula
proposed in new § 20.120.
TTB response: Many kinds of articles
may be produced in accordance with
the general-use formula proposed in
new § 20.120, making it impractical to
assign a name to the general-use formula
based on the resulting articles. However,
TTB has reconsidered calling the
general-use formula the ‘‘General-use
formula for articles made with S.D.A. 1,
3–A, 13–A, 19, 23–A, 23–H, 30, 32, 35–
A, 36, 37, 38–D, 40, 40–A, or 40–B,’’ and
instead has determined that ‘‘Multipurpose general-use formula’’ is less
cumbersome. Accordingly, TTB has
changed the name of that general-use
formula to ‘‘Multi-purpose general-use
formula’’ in this document.
• ADM comment: ADM believes that
the lists of ‘‘Authorized Uses’’ for the
various S.D.A. formulas 27 CFR part
21—which are listed in § 21.141 and in
section (b) of each section of part 21
subpart D—are overly lengthy, overly
specific, and in some cases redundant or
repetitive. ADM asked that TTB limit
the ‘‘Authorized Uses’’ lists to more
general usage categories such as
‘‘ingredient in personal care product’’ or
‘‘process aid in food production.’’
TTB response: Though TTB sees the
value in revising the lists of
‘‘Authorized Uses,’’ such a revision is
outside the scope of the regulatory
changes published in the Notice No.
136. TTB will consider such revisions
for a future rulemaking.
• ADM comment: ADM echoed one of
the comments made in response to
Notice No. 83, a comment that TTB
discussed in Notice No. 136.
Specifically, the comments relate to
TTB’s specification of exact amounts of
denaturants in C.D.A. and S.D.A.
formulas. ADM noted that ‘‘it is not
practical to expect and impossible to
ensure that the exact amounts of
denaturants have been added,’’ and
asked TTB to ‘‘provide clarification in
the regulations regarding acceptable
variability in denaturant addition’’ by
using ‘‘action levels’’ in enforcement or
applying standard rounding rules.
TTB response: TTB applies a plus or
minus five percent tolerance when
analyzing samples of S.D.A., C.D.A., and
articles to determine compliance with
the formula. TTB also employs standard
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rounding rules when reviewing results
of analyses, where a number is rounded
up if the first digit after the last
significant digit is ‘‘5’’ or more, and a
number is rounded down if the first
digit after the last significant digit is ‘‘4’’
or less. For example, if TTB were
examining an article made pursuant to
a formula specifying a mixture of 90
percent by volume S.D.A. 3–C and 10
percent by volume n-propyl acetate,
taking into consideration the plus or
minus five percent tolerance, the
acceptable range of S.D.A. 3–C in the
article would be 85.5–94.5 percent by
volume. If laboratory analysis of the
article showed that the article contains
85.45 percent S.D.A. 3–C, TTB would
round that result to 85.5 percent, which
would be in compliance with the
formula. If laboratory analysis showed
that the article contains 85.44 percent
S.D.A. 3–C, TTB would round that
result to 85.4 percent, which would be
out of compliance with the formula.
Accordingly, TTB is adding a new
paragraph (d) to both 27 CFR 21.21 and
21.31 to state the analytical tolerance
and the use of standard rounding rules.
TTB also applies the plus or minus five
percent tolerance and standard
rounding rules when analyzing samples
of articles that were made pursuant to
a formula that specified an exact
amount of an ingredient, including
denatured spirits. Accordingly, TTB is
revising 27 CFR 20.132 to state the
analytical tolerance and the use of
standard rounding rules. TTB believes
that the plus or minus five percent
tolerance and the application of
standard rounding rules provide for a
reasonable degree of variation.
• ADM comment: ADM asked TTB to
consider modifying labeling
requirements as described in 27 CFR
20.134, concerning the labeling of
articles, and 20.146, concerning labels
on bulk containers of C.D.A., because ‘‘it
is not general practice to label transport
containers with product name,
manufacturer name, etc.,’’ and ‘‘in the
case of rail and truck tankers, containers
are placarded per [Department of
Transportation (DOT)] regulations and
product information is listed on
shipping paperwork. Any identification
beyond that stipulated by the DOT for
first responders could easily decrease
the security of the product in transit.’’
TTB response: As ADM stated, TTB
did not specifically address this labeling
issue in Notice No. 136. Therefore, TTB
cannot make substantive changes to
those sections in this document, as they
are outside the scope of this rulemaking.
However, as ADM noted, §§ 20.134 and
20.146 do not specifically address large
transport containers such as truck
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tankers, railcars, or barges. TTB notes
that in 27 CFR 19.495, for bulk
conveyances of spirits or denatured
spirits—which would include
containers such as truck tankers,
railcars, and barges—TTB allows a label
containing the information required by
TTB to be securely attached to the route
board or another equivalent device. TTB
would not object to bulk conveyances of
articles or C.D.A. having a label in a
manner consistent with § 19.495.
• ADM comment: ADM opposed the
addition to the regulations of
specifications for five new denaturants
(high octane denaturant blend, at
§ 21.112c; naphtha, at § 21.118b; natural
gasoline, at § 21.118c; raffinate, at
§ 21.124a; and straight run gasoline, at
§ 21.130a) for use in fuel ethanol. ADM
asserted that, because of the specific
nature of some of the analytical
requirements listed with those
denaturants, it is not clear that they are
commercially available. ADM stated
that denaturants listed in the regulations
should be available to all industry
members. In addition, ADM requested
that if TTB finds it necessary to list
denaturant specifications, TTB publish
them someplace other than in the
regulations, asserting that it is easier to
change another type of publication than
it is the regulations.
TTB response: Industry members
may, under 27 CFR 21.91, request that
TTB authorize substitute denaturants.
To approve a material as a denaturant
for a denatured alcohol formula, TTB
must determine that (1) the proposed
material, when added to spirits
(ethanol), makes the ethanol ‘‘unfit for
beverage or internal human medicinal
use;’’ (2) the use of the proposed
material as a substitute denaturant will
be adequate to protect the Federal excise
tax revenue; and (3) the proposed
material is suitable for the intended use.
If the material meets these criteria, TTB
will authorize the use of the material as
a denaturant in making specified C.D.A.
or S.D.S. formulations so that the
requestor and any other interested
industry members may use the material
as a denaturant. In order to provide
more flexibility to industry, TTB
believes that it is appropriate to
authorize use of denaturants that meet
the criteria. We do not specify as a
criterion that the denaturant must be
widely available in the commercial
market.
However, if an industry member
believes that TTB should deauthorize a
particular denaturant, we will consider,
based on the criteria stated above, a
petition submitted by any interested
person stating the reasons it believes
authorization is not appropriate.
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Furthermore, the specification of a
denaturant in the regulations does not
foreclose any interested person from
applying for an alternate method or
procedure or any denaturer from
requesting authorization to use other
denaturants.
Regarding ADM’s comment about
publishing the requirements someplace
other than in the TTB regulations, we
recognize that rulemaking can
sometimes be a lengthy process.
However, TTB’s current practice
provides the public with a chance for
notice and comment on the proposed
requirements. After such notice and
comment is given, the appropriate
vehicle for codification is publication in
the Code of Federal Regulations.
• ADM comment: ADM requested
that TTB (1) recognize consensus
specifications and test methods, such as
those maintained by ASTM
International (‘‘ASTM’’), whenever
possible, for the denaturants listed in
part 21, and (2) encourage and
participate in a stakeholder effort to
develop such standards if a consensus
standard does not exist for a
commercially available denaturant.
During the comment period, two
commenters, ADM and Videojet, noted
that a particular consensus standard
appearing in the regulations is obsolete.
Thus, they recommended that, if TTB
cites a consensus standard, the specific
version of the consensus standard not be
included in the citation, because
standards are issued, updated, and
withdrawn on a continual basis. ADM
provided as an example the denaturant
specifications for unleaded gasoline, as
set out in 27 CFR 21.110, which cite
ASTM Standard D439–79, but which
has been withdrawn by ASTM. ADM
asserted that TTB should update this
reference.
TTB response: TTB uses consensus
standards when appropriate and
practicable for the Bureau’s purpose.
When incorporating in regulations a
consensus standard by reference, a
Federal agency must specifically
identify the incorporated materials and
is prohibited from incorporating
material dynamically. As specified in 1
CFR 51.1(f), ‘‘[i]ncorporation by
reference of a publication is limited to
the edition of the publication that is
approved.’’
TTB agrees that § 21.110 should be
amended. Moreover, TTB is undertaking
a comprehensive review of all the
standards incorporated by reference in
part 21 to ensure that TTB regulations
cite to the current version of the
referenced materials. TTB has
determined that it is appropriate to
make revisions to 27 CFR 21.6,
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Incorporations by reference, and other
sections in part 21 that include
incorporations by reference, not only to
update the consensus standard
references but also to ensure compliance
with the Office of the Federal Register’s
rules in 1 CFR part 5, which were
recently revised. See 79 FR 66267,
November 7, 2014. Accordingly, TTB
will engage in a separate rulemaking to
update § 21.6 and the standards
incorporated by reference into part 21,
including the ASTM standard for
unleaded gasoline set forth in 27 CFR
21.110.
• ADM comment: Finally, ADM
stated its support for TTB’s
consideration of harmonization of the
regulations governing C.D.A. Formula
No. 20 and the regulations governing
fuel ethanol.
TTB response: TTB will continue to
consider such harmonization for a
future rulemaking with some other
proposed changes to the regulations
governing alcohol fuel plants, which are
found in 27 CFR part 19, subpart X.
Comment 2
Loren Lowy, an individual who works
in industry, expressed support for TTB’s
designation of S.D.A. Formula No. 3–A
as an S.D.A. formulation that is
appropriate for the new general-use
formula in new § 20.120, because it will
ease the regulatory burden on industry
by removing the requirement for article
formula approval on TTB Form 5150.19
for articles made with formulations of
S.D.A. 3–A. He also expressed support
for TTB’s revision to § 20.63 to expand
the adoption of formulas by parent or
subsidiary corporations.
Lowy also noted a conflict between
the proposed new general-use formula
in new § 20.120 and the treatment of
reagent alcohol in the proposed revision
to § 20.117. Specifically, Lowy
explained that there is a contradiction
because, under the proposed § 20.120,
an article formula is not required for any
article made with formulations of S.D.A.
3–A. However, under the proposed
§ 20.117, reagent alcohol—which is
made with 95 parts (by volume) of
S.D.A. 3–A, and 5 parts (by volume) of
isopropyl alcohol—is to be treated as
S.D.A. unless distributed and used in
accordance with that section.
Lowy also posed the following
questions regarding the treatment as
S.D.A. of reagent alcohol that is not
distributed and used in accordance with
the proposed revised § 20.117:
• Whether reagent alcohol in
manufacturing would be included in the
annual S.D.A. usage report;
• If so, whether it would be a separate
entry from the S.D.A.;
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• Whether the report form would
change to reflect any necessary separate
entries; and
• Whether the total volume of reagent
alcohol should be reported or just the
S.D.A. 3–A portion of the reagent
alcohol.
TTB response: The new multipurpose general-use formula specified
in § 20.120 requires that any article
made pursuant to that general-use
formula contain sufficient additional
ingredients to definitely change the
composition and character of the S.D.A.
used to make the article in question, and
to ensure that the finished article is
unfit for beverage or other internal
human use and cannot be reclaimed or
diverted to beverage use. Reagent
alcohol does not contain such sufficient
additional ingredients, and so the multipurpose general-use formula is not
applicable. Therefore, TTB is adding
paragraph (d) to § 20.120 to provide that
the multi-purpose general-use formula
may not be used for the production of
any articles that conform to another
general-use formula in part 20, subpart
F. This clarification will prevent any
other article that is subject to
restrictions in another general-use
formula from being manufactured or
distributed under the multi-purpose
general-use formula without being
subject to the restrictions of the other
general-use formula.
In response to the commenter’s
additional questions, TTB notes that
reagent alcohol used in manufacturing
should be included in the annual S.D.A.
usage report. Because reagent alcohol
used in manufacturing is to be treated
as S.D.A., it would not be a separate
entry from S.D.A. Thus, the report will
not be changed. Again, because reagent
alcohol used in manufacturing is to be
treated as S.D.A., the total volume of
reagent alcohol should be reported in
the annual S.D.A. usage report.
Comment 3a
Videojet disagreed with the new
definition of ‘‘Fit for beverage use, or fit
for beverage purposes’’ in § 20.11, in
that it states that the determination of
fitness or unfitness for beverage use
would be ‘‘based solely on the
composition of the product and without
regard to extraneous factors such as
price, labeling, or advertising.’’
Accordingly, Videojet requested that
TTB remove that portion of the
definition. Videojet asserted that
labeling is definitive because it
communicates the intended use of each
formulation, that consumer use is
prohibited, and, in some cases, it
indicates whether a product is
poisonous or hazardous to health.
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TTB response: With limited
exceptions, spirits that are fit for
beverage use are subject to Federal
excise tax. Reliance on product labeling,
rather than product composition, in
determining unfitness for beverage use
could create a significant jeopardy to the
revenue. It would be possible to evade
payment of excise taxes due on distilled
spirits by labeling the spirits as not
intended for beverage use, and then
diverting them to beverage use.
Accordingly, to protect the revenue,
TTB will finalize the definition of ‘‘Fit
for beverage use, or fit for beverage
purposes’’ as proposed in Notice No.
136, which states that the determination
of fitness or unfitness will be ‘‘based
solely on the composition of the product
and without regard to extraneous factors
such as price, labeling, or advertising.’’
Comment 3b
Videojet’s next comment related to
TTB’s clarification of § 20.95,
concerning developmental samples of
articles. Videojet first noted an
inconsistency in the proposed text,
where it limits the number of samples
to one per customer, but requires that a
record of the number of samples sent to
each customer be kept. Videojet
explained that a product test may
require more than one container of an
article (like a printer cartridge filled
with ink), which would exceed the
limitation in § 20.95 that only one
sample of each formulation may be sent
to each customer. Videojet also
explained that customers often prefer a
two-stage approval process for testing a
product, which would exceed the
limitation in § 20.95 that samples be
sent on a one-time basis.
TTB response: TTB will retain the
limitation of one sample per customer
and authorize that samples may only be
sent on a one-time basis, to ensure
protection of the revenue. Allowing
manufacturers to send an unlimited
number of samples to customers
multiple times would effectively allow
manufacturers to distribute articles for
which there is no formula approval.
Since many articles will be able to be
produced under a general-use formula
and would not require formula approval
on TTB Form 5150.19, this limitation
will not affect many articles. In
addition, where articles cannot be
produced in accordance with a generaluse formula, manufacturers may send
unlimited numbers of samples if they
first obtain formula approval on TTB
Form 5150.19. However, TTB is
removing from § 20.95 the requirement
that a record of the number of samples
sent to each customer be kept, since that
number will not exceed one.
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Comment 3c
Videojet had several detailed
comments about TTB’s proposed
revisions to § 20.115 and proposed new
§§ 20.124 and 20.120, as follows:
• Videojet comment: Videojet noted
an apparent typographical error in the
proposed revision to § 20.115, which in
Notice No. 136 was proposed to say that
the ‘‘ink general-use formula authorizes
the production of any finished article
made with alcohol denatured in
accordance with S.D.A. Formula No. 1,
3–A, 3–C, 13–A, 23–A, 30, or 32, or
which . . . [c]ontains pigments, dyes, or
dyestuffs sufficient to ensure that the
article is unfit for beverage use . . . .’’
TTB response: The second use of the
word ‘‘or’’ in the proposed regulation
was a typographical error, which TTB is
correcting in this final rule.
• Videojet comment: Videojet asked
that the TTB expand the list of S.D.A.
formulations that are specified in the
ink general-use formula in section
20.115, to include S.D.A. Formula Nos.
35–A, 40–B, and 45. Videojet also asked
that TTB add the use code for inks (use
code 052) to §§ 21.62(b)(1), 21.76(b)(1),
and 21.80(b)(1), and add references to
S.D.A. Formula Nos. 35–A, 40–B, and
45 to the table in § 21.141.
TTB response: TTB has determined
that formulations of S.D.A. Formula
Nos. 35–A and 40–B would be
appropriate in the ink general-use
formula in § 20.115, and would not
create a threat to the revenue as part of
the general-use formula. Because
industry members are using
formulations of S.D.A. Formula Nos.
35–A and 40–B to manufacture inks,
TTB will add references to those
formulas to the list of S.D.A.
formulations specified in the ink
general-use formula in § 20.115.
However, TTB has determined that it
will not add S.D.A. Formula No. 45 to
the general-use formula because that
formula—which specifies the addition
of 300 pounds of refined whole or
orange shellac to every 100 gallons of
alcohol—is not, to TTB’s knowledge,
typically used in manufacturing inks,
and is currently only authorized for use
in manufacturing candy glazes. S.D.A.
users may continue to seek approval
from TTB to manufacture ink using
formulations of S.D.A. Formula No. 45
by filing TTB Form 5150.19.
• Videojet comment: As proposed in
Notice No. 136, inks manufactured in
accordance with the general-use formula
specified in § 20.115 would be required
to contain ‘‘pigments, dyes, or dyestuffs
sufficient to ensure that the article is
unfit for beverage use.’’ Videojet noted
that although one or more of those
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ingredients are present in ink, there are
other ingredients that may be present
that may serve to further render the ink
unfit for beverage use. Accordingly,
Videojet asked TTB to require that inks
manufactured in accordance with the
general-use formula contain ‘‘pigments,
dyes, or dyestuffs, solvents, or other
ingredients sufficient to ensure that the
article is unfit for beverage use.’’
TTB response: TTB agrees that other
ingredients used in manufacturing ink
may render the ink unfit for beverage
use. However, Videojet’s proposed
modification to § 20.115 would allow
for an ink to contain no pigments, dyes,
or dyestuffs. Accordingly, TTB will
modify § 20.115 to require that inks
manufactured in accordance with the
general-use formula contain ‘‘pigments,
dyes, or dyestuffs, which, alone or in
combination with solvents or other
ingredients, are sufficient to ensure that
the article is unfit for beverage use.’’
• Videojet comment: Videojet
supported the addition of the
duplicating fluid and ink solvent
general-use formula in § 20.124, but
asked TTB to harmonize the ink generaluse formula with the duplicating fluid
and ink solvent general-use formula
because in some cases ink and ink
solvent must be combined in a printer.
Specifically, Videojet asked TTB to add
S.D.A. 13–A, 23–A, 30, 32, 35–A, 40–B,
and 45 to the list of S.D.A. formulations
authorized by the duplicating fluid and
ink solvent general-use formula.
TTB response: To reduce the
compliance burden on S.D.A. users that
manufacture duplicating fluids and ink
solvents, TTB will add S.D.A. 13–A, 23–
A, 30, 32, 35–A, and 40–B to the list of
S.D.A. formulations authorized by the
duplicating fluid and ink solvent
general-use formula. TTB will also add
use code 485 (miscellaneous solutions)
to §§ 21.41, 21.59, 21.62, and 21.76 to
authorize formulations of S.D.A.
Formula Nos. 13–A, 32, 35–A, and 40–
B in the manufacture of miscellaneous
solutions, and will add S.D.A.13–A, 32,
35–A, and 40–B to the entry for use
code 485 in the chart in § 21.141. S.D.A.
Formula Nos. 23–A and 30 are already
authorized for use in miscellaneous
solutions (use code 485). However, TTB
has determined not to add S.D.A.
Formula No. 45 to the general-use
formula because that formula is not, to
TTB’s knowledge, typically used in
manufacturing duplicating fluids or ink
solvents, and is currently only
authorized for use in manufacturing
candy glazes. S.D.A. users may continue
to seek approval from TTB to
manufacture ink using formulations of
S.D.A. Formula No. 45 by filing TTB
Form 5150.19.
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• Videojet comment: Videojet stated
that, while the proposed duplicating
fluid and ink solvent general-use
formula stipulates specific further
denaturants (n-propyl acetate, isopropyl
alcohol, or methyl alcohol), ‘‘it is
generally not feasible to add [those]
specific solvents to the ink solvent
formulation due to the intrinsic
connection between the ink formula and
the ink solvent formula.’’ Accordingly,
Videojet asked that TTB instead allow
for the use of ‘‘pigments, dyes,
dyestuffs, solvents or other ingredients
sufficient to ensure that the article is
unfit for beverage use’’ as an alternative
to n-propyl acetate, isopropyl alcohol,
or methyl alcohol.
TTB response: TTB often receives
requests for formula approval that
specify the use of n-propyl acetate,
isopropyl alcohol, or methyl alcohol in
duplicating fluids or ink solvents.
Therefore, it is feasible for at least some
industry members to use those
ingredients in duplicating fluids and ink
solvents. The duplicating fluid and ink
solvent general-use formula also allows
the resulting article to contain
additional ingredients not specified in
the general-use formula, so a
manufacturer is not precluded from
adding dyes to the solvent. TTB believes
that it is appropriate to maintain the
requirement that duplicating fluids and
ink solvents produced in accordance
with the general-use formula contain npropyl acetate alone or in combination
with isopropyl alcohol or methyl
alcohol. S.D.A. users may still submit
requests for formula approval on TTB
Form 5150.19 for articles that do not
conform to this general-use formula.
• Videojet comment: Videojet also
asked TTB to add S.D.A. Formula No.
3–C to the general-use formula in
§ 20.120 because doing so would reduce
the regulatory burden on industry and
on TTB without threatening the
revenue.
TTB response: TTB believes that it
would be inappropriate to include
S.D.A. Formula No. 3–C in the general
purpose general-use formula in § 20.120.
The current and proposed general-use
formulas that specify S.D.A. 3–C
(special industrial solvents, duplicating
fluids and ink solvents, ink, and toilet
preparations) also specify certain other
ingredients to ensure that the resulting
article is unfit for beverage use. To
ensure adequate protection of the
revenue, the Bureau believes it is
appropriate to continue reviewing
formulas for other articles made with
S.D.A. 3–C.
• Videojet comment: Videojet next
asked TTB to authorize the use of
formulations of S.D.A. Formula Nos.
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13–A, 19, 32, and 35–A in cleaning
solutions.
TTB response: TTB has received no
data to support authorizing the use of
formulations of S.D.A. Formula Nos.
13–A, 19, 32, and 35–A in cleaning
solutions. Since 1991, when TTB began
its practice of electronic recordkeeping,
no requests have been received for the
use of formulations of S.D.A. Formula
Nos. 13–A, 19, 32, and 35–A in cleaning
solutions, which suggests that industry
members are not interested in those
formulations for that purpose. However,
TTB will consider authorizing those
S.D.A. formulations for use in cleaning
solutions in the future if TTB receives
sufficient information to support doing
so.
• Videojet comment: Videojet also
asked that, in § 20.120, TTB remove the
requirement that only additional
ingredients other than the denaturants
prescribed for the applicable S.D.A.
formulas be added to the article to
definitely change the composition and
character of the S.D.A. used to make the
article and to ensure that the finished
article is unfit for beverage use.
TTB response: An article that is made
by taking an S.D.A. formulation and
adding more of the denaturant that was
used to make the S.D.A. has the same
character and very similar composition
of the S.D.A. Additional ingredients
used to manufacture an article in
accordance with the multi-purpose
general-use formula in § 20.120 must
substantially change the nature of the
S.D.A. Accordingly, TTB will maintain
the requirement that an article produced
in accordance with the multi-purpose
general-use formula contain additional
ingredients beyond the denaturant used
in the S.D.A.
• Videojet comment: Finally, Videojet
noted that if an article is manufactured
under the general-use formula specified
in § 20.120 by combining two S.D.A.
formulations and an additional
ingredient, the article must conform to
a use code that is authorized for both
S.D.A. formulations. In contrast, an
article that is manufactured by
combining one S.D.A. formulation with
an intermediate ingredient that is itself
comprised of the second S.D.A.
formulation and the additional
ingredient, the article would only have
to conform to a use code that is
authorized for the S.D.A. formulation
that is not used in the intermediate
ingredient.
TTB response: By law (26 U.S.C.
5242), denaturing materials must be
suitable for the intended use. To help
ensure this, TTB will continue to
require that an article made under the
multi-purpose general-use formula with
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multiple S.D.A. formulations conforms
to a use code that is authorized for all
of the S.D.A. formulations used.
Manufacturers using multiple S.D.A.
formulations to produce an article may
seek formula approval from TTB on TTB
Form 5150.19 if the intended use of the
article is not covered by a use code that
is authorized for all of the S.D.A.
formulations being used. In the case of
intermediate articles being used in the
manufacture of another article, the
intermediate article must be suitable for
that intermediate use.
Comment 3d
Videojet also raised some concerns
related to other national and
international standards, as follows:
• Videojet comment: Videojet noted
that other Federal agencies, like the
Occupational Safety and Health
Administration (OSHA), also maintain
rules concerning the communication of
hazards.
TTB response: TTB is aware that other
Federal agencies maintain rules
concerning the labeling and handling of
certain chemicals, or products that
contain certain chemicals. Section
20.136 currently notes that such rules
are implemented by the Consumer
Product Safety Commission (CPSC),
Federal Trade Commission (FTC), and
Food and Drug Administration (FDA).
The labeling requirements specified in
TTB’s regulations for articles that would
contain methanol if produced in
accordance with certain general-use
formulas (specifically, the special
industrial solvents general-use formula,
proprietary solvents general-use
formula, reagent alcohol general use
formula in §§ 20.112, 20.113, and
20.117, and the proposed duplicating
fluid and ink solvent general-use
formula in § 20.124) were derived from
CPSC requirements found in 16 CFR
1500.14(b)(4). TTB believes that
industry will be aided in complying
with all applicable labeling regulations
if TTB refers in its regulations to the
applicable labeling regulations of other
Federal agencies. TTB believes that the
best approach is to refer to those other
applicable Federal labeling
requirements in part 20. Accordingly,
TTB is revising § 20.136 to reference the
labeling regulations of other Federal
agencies, and is removing the labeling
requirements from §§ 20.112, 20.113,
20.117, and 20.124.
• Videojet comment: Videojet also
noted that the United Nations (UN)
Globally Harmonized System of
Classification and Labelling of
Chemicals (GHS) uses the acronym
‘‘SDS’’ to refer to ‘‘safety data sheet.’’
Videojet asked TTB to consider whether
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mstockstill on DSK3G9T082PROD with RULES
TTB’s ‘‘S.D.S.’’ acronym for ‘‘specially
denatured spirits’’ would be confusing
given the prevalence of the acronym
‘‘SDS’’ in the UN GHS.
TTB response: Many widely used
acronyms abbreviate a term despite
being identical to an acronym that
abbreviates a different term. Readers can
usually determine which term an
acronym is abbreviating based on the
context in which it is being used.
Accordingly, TTB will continue using
the abbreviation ‘‘S.D.S.’’ for ‘‘specially
denatured spirits’’ in its regulations.
Comment 4
RFA made several points in its
comment submission. The comments,
and TTB’s responses, are as follows:
• RFA comment: RFA expressed
support for TTB’s effort toward a future
rulemaking that would harmonize the
denaturant specifications for C.D.A.
Formula No. 20 and fuel alcohol.
TTB response: As stated above in
response to ADM’s similar comment,
TTB will continue to consider such
harmonization for a future rulemaking.
• RFA comment: RFA, noting the
outdated denaturant specifications for
unleaded gasoline, recommended that
TTB base denaturant specifications on
consensus standards, like those
developed by ASTM, instead of
providing specifications. As mentioned
above, RFA also recommended that TTB
maintain its list of denaturants and the
specifications for those denaturants in a
place other than the regulations and
update the list as needed, because
updating regulations is a lengthy
process.
TTB response: As explained above in
response to ADM’s similar comments,
under Federal regulations, a Federal
agency must identify the specific
version of the consensus standard
incorporated by reference into its
particular regulations. TTB will engage
in a separate rulemaking to update
references to outdated consensus
standards appearing in part 21.
RFA comment: RFA stated that it is
important that denaturant specifications
in the TTB regulations represent a
commercially available material, and
that the authorized denaturants
‘‘conform to very stringent requirements
of both state and Federal regulations for
motor fuels and fuel additives.’’
TTB response: Regarding commercial
availability, as noted above in response
to one of ADM’s comments, TTB may
authorize denaturants that conform to
certain specifications upon receipt of a
petition. If an industry member believes
that TTB should change or deauthorize
a particular denaturant or its
specifications, the industry member
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technical corrections to existing
regulations, beyond those that were
proposed in Notice No. 136. These
technical corrections merely update or
clarify the application of those
provisions and do not change the
Bureau’s interpretation of any regulation
or the requirements of any
recordkeeping provision.
• One technical correction concerns
the use of S.D.S. in foreign-trade zones.
Section 484F of the Customs and Trade
Act of 1990, Public Law 101–382, 104
Stat. 706, 710, enacted on August 20,
1990, amended 19 U.S.C. 81c(c) by
eliminating the requirement that
specially denatured spirits used in a
foreign-trade zone come from domestic
sources. Accordingly, TTB is amending
27 CFR 19.427 to conform with this
statutory change.
• TTB is updating additional OMB
control numbers in 27 CFR 20.22, 20.56,
20.57, 20.60, 20.61, 20.62, 20.68, 20.142,
20.149, 20.163, 20.170, 20.171, 20.172,
20.180, 20.192, 20.202, 20.203, 20.212,
20.216, 20.231, 20.232, 20.234, 20.235,
20.251, 20.252, 20.261, 20.262, 20.263,
and 20.265 to reflect the change from
ATF to TTB.
• TTB is amending 27 CFR 20.11 and
20.20 to clarify that references to ‘‘TTB
Order 1135.20’’ are to the most recent
version of that order, which is not
necessarily the original version.
• Typographical errors are corrected
in 27 CFR 20.59, 20.93, 20.100, 20.118,
20.131, 20.163, 21.11, 21.49, 21.64,
21.65, and 21.125.
• In 27 CFR 20.92, the reference to
the TTB Bulletin is replaced with a
reference to TTB’s Web site.
• In 27 CFR 20.112 and 20.113, TTB
is replacing the erroneous crossreference to 27 CFR 21.106 with the
correct cross-reference 27 CFR 21.107
TTB Finding
for the location of a definition of 85
percent ester content.
After careful review of the comments
discussed above, TTB is finalizing the
• In 27 CFR 20.118, the reference to
proposed amendments, with the
‘‘Bitrex (THS 839),’’ which is a
adjustments explained above. In
registered trade name, has been replaced
addition, TTB is altering some of the
by the generic term ‘‘denatonium
section numbers proposed in Notice No. benzoate.’’
136 to conform to Office of Federal
• In 27 CFR 20.191, the last sentence
Register policies. Specifically, proposed is removed, since TTB Publication
§§ 21.21a, 21.94a, 21.105a, 21.105b,
5150.5 is no longer available.
21.106a, 21.108a, 21.112a, 21.112b,
• TTB is amending 27 CFR 21.7 and
21.112c, 21.115a, 21.115b, 21.118a,
21.11 to clarify that references to ‘‘TTB
21.118b, 21.118c, 21.121a, 21.124a, and
Order 1135.21’’ are to the most recent
21.130a are being finalized as 27 CFR
version of that order, which is not
21.26, 21.94–T, 21.105–T1, 21.105–T2,
21.106–T, 21.108–T, 21.112–T1, 21.112– necessarily the original version.
• Finally, TTB is updating the
T2, 21.112–T3, 21.115–T1, 21.115–T2,
abbreviation for ‘‘milliliters’’ in 20.11
21.118–T1, 21.118–T2, 21.118–T3,
and throughout part 21 from ‘‘ml’’ to
21.122, 21.124–T, and 21.130–T.
‘‘mL’’ to reflect current usage.
Finally, TTB is making a number of
should submit to TTB a petition for the
change that provides information about
why TTB should make the change.
Regarding conformity with State and
Federal regulations for motor fuels and
fuel additives, TTB tries to be consistent
with other Federal regulations. As this
document explains, TTB’s statutory
authority in regulating denatured
alcohol pertains to protecting the
Federal excise tax revenue. Accordingly,
TTB’s determinations will primarily be
based on revenue protection
considerations. Ultimately, industry
members remain responsible for
ensuring compliance with State and
other Federal regulations.
• RFA comment: RFA recommended
that TTB remain open to approving
denaturants of non-hydrocarbon origin.
TTB response: TTB will consider
authorizing denaturants of nonhydrocarbon origin. Under the authority
of 27 CFR 21.91, the appropriate TTB
officer may, pursuant to written
application filed by the denaturer,
authorize the use of substitute
denaturants if such substitution will not
jeopardize the revenue. An industry
member who would like TTB to
authorize a substitute denaturant should
submit a request to TTB for
authorization of the denaturant
pursuant to § 21.91.
• RFA comment: RFA supported the
clarification of jurisdiction over
imported denatured spirits and fuel
alcohol. RFA noted that TTB should
provide clarity for the regulatory
requirements in support of unfettered
transportation and use of fuel alcohol.
TTB response: TTB is adding new
§ 27.222 to the regulations to help
clarify the regulations regarding the
importation of denatured spirits. TTB
welcomes petitions for additional
regulatory changes that industry
members feel are needed.
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Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
Regulatory Analyses and Notices
Executive Order 12866
Certain TTB regulations issued under
the IRC, including this one, are exempt
from the requirements of Executive
Order 12866, as supplemented and
reaffirmed by Executive Order 13563.
Therefore, a regulatory impact
assessment is not required.
mstockstill on DSK3G9T082PROD with RULES
Regulatory Flexibility Act
Pursuant to the requirements of the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) TTB certifies that this final
rule will not have a significant
economic impact on a substantial
number of small entities. The rule
updates the regulations to align them
with current industry practice, clarifies
other regulatory provisions, and reduces
the regulatory burden on the alcohol
industry as well as TTB, resulting in an
estimated 80 percent reduction in the
number of article formulas submitted to
TTB. Thus, the regulatory changes do
not create any additional requirements
or burdens on small businesses, and are
expected to decrease the regulatory
burden on industry members, including
small entities. Accordingly, a regulatory
flexibility analysis is not required.
Pursuant to section 7805(f) of the
Internal Revenue Code, TTB submitted
the notice of proposed rulemaking
(Notice No. 136, 78 FR 38628, June 27,
2013) to the Chief Counsel for Advocacy
of the Small Business Administration
(SBA) for comment on the impact of
these regulations. The SBA had no
comment on the proposed rule.
Finally, as previously mentioned,
TTB is making a number of technical
corrections to existing regulations in
this rulemaking that were not proposed
in Notice No. 136. TTB has determined,
in accordance with 5 U.S.C. 553(b)(3)(B)
that it is unnecessary and contrary to
public interest to follow prior public
notice and comment procedures with
respect to the technical corrections, and
5 U.S.C 553(b) does not apply.
Paperwork Reduction Act
The collections of information in the
regulations contained in this final rule
have been previously reviewed and
approved by the Office of Management
and Budget (OMB) in accordance with
the Paperwork Reduction Act of 1995
(44 U.S.C. 3504(h)) and assigned control
numbers 1513–0011, 1513–0028, 1513–
0037, 1513–0061, and 1513–0062.
Specific regulatory sections in this final
rule that contain collections of
information are 27 CFR 19.607, 20.63,
20.95, 20.111, 20.117, 20.133, 20.134,
20.183, 20.193, 20.222, 20.262, 20.263,
and 20.264. An agency may not conduct
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Jkt 238001
or sponsor, and a person is not required
to respond to, a collection of
information unless it displays a valid
control number assigned by OMB.
Several amendments made in this
document reduce information collection
burdens. Specifically, certain
amendments alter circumstances under
which article manufacturers must obtain
formula approval using TTB Form
5150.19, Formula and/or Process for
Article Made with Specially Denatured
Spirits. Information collections
associated with Form 5150.19 are
currently approved under OMB control
number 1513–0011. These amendments
reduce required submissions of Form
5150.19, and thus reduce the total
burden hours currently estimated for
control number 1513–0011 by an
estimated 955 burden hours, and an 80
percent reduction in the number of
these forms submitted to TTB.
Four categories of amendments will
reduce required submissions of Form
5150.19:
• Addition to part 20 of new sections
27 CFR 20.120 through 20.124, setting
forth five new general-use formulas
covering articles made with 19 different
S.D.A. formulations;
• Amended regulations in part 21 that
reclassify S.D.A. Formula Nos. 12–A
and 35 as C.D.A. formulas;
• Amended 27 CFR 20.113(a) and
20.115, which permit the use of
additional S.D.A. formulations in the
proprietary solvents general-use formula
and ink general-use formula; and
• Amended 27 CFR 20.63, which
allows a permittee to adopt, for use at
a plant where such use is not
specifically approved, one of the
permittee’s own article formulas
previously approved for use at another
of the permittee’s plants, or to adopt a
formula previously approved for a
parent or wholly-owned subsidiary.
TTB estimates that, as a result of the
amendments, the new annual burden
hours will be as follows:
• Estimated total annual reporting
and/or record keeping burden: 239
hours.
• Estimated average annual burden
hours per respondent: 0.84 hours.
• Estimated number of respondents:
285.
• Estimated annual frequency of
responses: 1 (one).
One amendment involves an
alteration to the information collection
currently approved under, OMB control
number 1513–0061. The amendment to
27 CFR 20.63 allows a permittee to
adopt, for use at a plant where such use
is not specifically approved, one of the
permittee’s own article formulas
previously approved for use at another
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of the permittee’s plants, or to adopt a
formula previously approved for a
parent or wholly-owned subsidiary.
Previous to this rulemaking, permittees
could adopt formulas under more
limited circumstances by submitting a
certificate of adoption to TTB, which is
an information collection currently
approved under control number 1513–
0061. Although TTB estimates that the
amendment will increase the number of
certificates of adoption submitted to
TTB under § 20.63, it also
proportionally decreases the number of
submissions of Form 5150.19 that
would have been required absent the
amendment. Since the estimated
average annual burden per respondent
relating to certificates of adoption
approved under control number 1513–
0061 is smaller than the average annual
burden for Form 5150.19 under control
number 1513–0011, the amendment
reduces the overall burden on
permittees. TTB estimates that, as a
result of this amendment, the new
annual burden under control number
1513–0061 will be as follows:
• Estimated total annual reporting
and/or record keeping burden: 1,897
hours.
• Estimated average annual burden
hours per respondent: 0.5 hours.
• Estimated number of respondents:
3,794.
• Estimated annual frequency of
responses: 1 (one).
Other amendments to regulatory
sections that involve collections of
information do not impact the burden
hours associated with those collections.
Proposed amendments to 27 CFR
19.607, 20.95, 20.111, 20.117, 20.133,
20.134, 20.193, 20.222, 20.262, 20.263,
and 20.264 neither increase nor
decrease information collections
because the amendments clarify
preexisting regulatory requirements and
do not otherwise impose new
requirements increasing information
collection burdens. New 27 CFR 20.183
allows S.D.S. dealers to export S.D.S.
and requires such dealers to complete
TTB Form 5100.11. TTB estimated that
the amendment would not increase
submissions of Form 5100.11 because,
although the amendment allows an
additional category of persons to export,
the amendment is not expected to
increase demand for exported S.D.S.
Thus, the exporters may be different,
but the number of exportations is not
expected to change. Since TTB is only
including an additional category of
persons entitled to export S.D.S., and is
not increasing information collection
burdens associated with exporting
S.D.S., the proposed amendment will
not impact currently estimated
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information collection burdens.
Information collections associated with
the amendments described in this
paragraph are currently approved under
OMB control numbers 1513–0028,
1513–0037, and 1513–0062. TTB
estimates the annual burden hours
under these control numbers are as
follows:
OMB Control Number 1513–0028:
• Estimated total annual reporting
and/or record keeping burden: 419
hours.
• Estimated average annual burden
hours per respondent: 0.76 hour.
• Estimated number of respondents:
550.
• Estimated annual frequency of
responses: 1 (one).
OMB Control Number 1513–0037:
• Estimated total annual reporting
and/or record keeping burden: 6,000
hours.
• Estimated average annual burden
hours per respondent: 20 hours.
• Estimated number of respondents:
300.
• Estimated annual frequency of
responses: 20.
OMB Control Number 1513–0062:
• Estimated total annual reporting
and/or record keeping burden: 1 hour.
• Estimated number of respondents:
3,430.
• Estimated annual frequency of
responses: 1 (one).
TTB received no comments about the
information collections approved under
OMB control numbers 1513–0011,
1513–0028, 1513–0037, 1513–0061, and
1513–0062 in response to Notice No.
136.
Drafting Information
Karen E. Welch of the Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, drafted this
document.
List of Subjects in 27 CFR
mstockstill on DSK3G9T082PROD with RULES
Part 19
Caribbean Basin Initiative, Claims,
Electronic funds transfer, 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.
Part 20
Alcohol and alcoholic beverages,
Claims, Cosmetics, Excise taxes,
Labeling, Packages and containers,
Penalties, Reporting and recordkeeping
requirements, Surety bonds.
Part 21
Alcohol and alcoholic beverages,
Incorporation by reference.
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Jkt 238001
Part 27
59455
Alcohol and alcoholic beverages,
Beer, Cosmetics, Customs duties and
inspection, Electronic fund transfers,
Excise taxes, Imports, Labeling, Liquors,
Packaging and containers, Reporting
and recordkeeping requirements, Wine.
the manner provided in part 20 of this
chapter.
■ 5. Section § 19.746 is amended by
revising paragraphs (b)(1)(xi) and
(b)(1)(xii), adding paragraphs (b)(1)(xiii)
through (b)(1)(xvi), and revising
paragraph (c) to read as follows:
Part 28
§ 19.746
Aircraft, Alcohol and alcoholic
beverages, Armed forces, Beer, Claims,
Excise taxes, Exports, Foreign trade
zones, Labeling, Liquors, Packaging and
containers, Reporting and recordkeeping
requirements, Surety bonds, Vessels,
Warehouses, and Wine.
*
Amendments to the Regulations
For the reasons discussed in the
preamble, TTB amends 27 CFR parts 19,
20, 21, 27, and 28 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, 5111–5114,
5121–5124, 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. Section 19.412 is added under the
undesignated center heading ‘‘Receipt of
Spirits from Customs Custody’’ to read
as follows:
■
§ 19.412
Importation of denatured spirits.
For provisions relating to the
importation of denatured spirits, see
§ 27.222 of this chapter.
■ 3. In § 19.427, paragraph (a)(2) is
revised to read as follows:
§ 19.427 Removal of denatured spirits and
articles.
(a) * * *
(2) A proprietor may transfer specially
denatured spirits to qualified users
located in a foreign trade zone for use
in the manufacture of articles under part
20 of this chapter.
*
*
*
*
*
■ 4. Section 19.607 is revised to read as
follows:
§ 19.607
Article manufacture records.
Each processor qualified to
manufacture articles must maintain
daily manufacturing and disposition
records, arranged by the name and
authorized Use Code of the article, in
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Authorized materials.
*
*
*
*
(b) * * *
(1) * * *
(xi) Naphtha;
(xii) Straight run gasoline;
(xiii) Alkylate;
(xiv) High octane denaturant blend;
(xv) Methyl tertiary butyl ether; or
(xvi) Any combination of the
materials listed in paragraphs (b)(1)(i)
through (xv) of this section;
*
*
*
*
*
(c) Specifications. Specifications for
the materials listed in paragraph (b) are
found in part 21, subpart E, of this
chapter.
*
*
*
*
*
PART 20—DISTRIBUTION AND USE OF
DENATURED ALCOHOL AND RUM
6. The authority citation for part 20
continues to read as follows:
■
Authority: 26 U.S.C. 5001, 5206, 5214,
5271–5275, 5311, 5552, 5555, 5607, 6065,
7805.
7. Section 20.11 is amended by:
a. Revising the definition of
‘‘Appropriate TTB officer’’;
■ b. Adding in alphabetical order
definitions for ‘‘Fit for beverage use, or
fit for beverage purposes’’ and ‘‘Internal
human use’’;
■ c. Revising the definition of ‘‘Liter or
litre’’;
■ d. Removing the definition of
‘‘Specially denatured spirits’’;
■ e. Adding in alphabetical order a
definition for ‘‘Specially Denatured
Spirits or S.D.S.’’
■ f. Adding in alphabetical order
definitions for ‘‘TTB’’ and ‘‘Unfit for
beverage use, or unfit for beverage
purposes’’; and
■ g. Revising the Office of Management
and Budget control number referenced
at the end of the section.
The revisions and additions read as
follows:
■
■
§ 20.11
Meaning of terms.
*
*
*
*
*
Appropriate TTB officer. An officer or
employee of the Alcohol and Tobacco
Tax and Trade Bureau (TTB) authorized
to perform any functions relating to the
administration or enforcement of this
part by the current version of TTB Order
1135.20, Delegation of the
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Administrator’s Authorities in 27 CFR
part 20, Distribution and Use of
Denatured Alcohol and Rum.
*
*
*
*
*
Fit for beverage use, or fit for beverage
purposes. Suitable for consumption as
an alcoholic beverage by a normal
person, or susceptible of being made
suitable for such consumption merely
by dilution with water to an alcoholic
strength of 15 percent by volume. The
determination is based solely on the
composition of the product and without
regard to extraneous factors such as
price, labeling, or advertising.
*
*
*
*
*
Internal human use. Use inside the
human body, but not including use only
in the mouth where the substance being
used is not intended to be swallowed.
*
*
*
*
*
Liter or litre. A metric unit of capacity
equal to 1,000 cubic centimeters of
alcohol, and equivalent to 33.814 fluid
ounces. A liter is divided into 1,000
milliliters. The symbol for milliliter or
milliliters is ‘‘mL’’.
*
*
*
*
*
Specially Denatured Spirits or S.D.S.
Specially denatured alcohol and/or
specially denatured rum.
*
*
*
*
*
TTB. The Alcohol and Tobacco Tax
and Trade Bureau, U.S. Department of
the Treasury.
*
*
*
*
*
Unfit for beverage use, or unfit for
beverage purposes. Not conforming to
the definition of ‘‘Fit for beverage use,
or fit for beverage purposes’’ in this
section.
*
*
*
*
*
(Approved by the Office of Management and
Budget under control number 1513–0061)
§ 20.20
[Amended]
8. In § 20.20, the second sentence is
amended by adding the words ‘‘the
current version of’’ immediately before
the words ‘‘TTB Order 1135.20’’.
■
§§ 20.22, 20.56, 20.57, 20.60, 20.61, 20.62,
20.68, 20.142, 20.149, 20.170, 20.171, 20.172,
20.180, 20.192, 20.202, 20.203, 20.212,
20.216, 20.231, 20.232, 20.234, 20.235,
20.251, 20.252, 20.261, 20.262, 20.263, and
20.265 [Amended]
9. For each section indicated in the
left-hand column of the table below, the
parenthetical phrase at the end of each
section is amended by removing the
Office of Management and Budget
control number indicated in the middle
column, and adding, in its place, the
number indicated in the right-hand
column:
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■
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Section
Remove
20.22
20.56
20.57
20.60
20.61
20.62
20.68
20.142
20.149
20.170
20.171
20.172
20.180
20.192
20.202
‘‘
20.203
20.212
20.216
20.231
20.232
20.234
20.235
20.251
20.252
20.261
20.262
20.263
20.265
(b) The adoption will be
accomplished by the submission of a
1513–0061 certificate of adoption. The certificate of
1513–0061 adoption shall be submitted to the
1513–0061 appropriate TTB officer and shall
1513–0061 contain:
1513–0061
(1) A list of all approved formulas or
1513–0061
statements of process in which S.D.S. is
1513–0061
1513–0062 used or recovered;
1513–0062
(2) The formulas of S.D.S. used or
1513–0062 recovered;
1513–0062
(3) The dates of approval of the
1513–0062 relevant Forms 1479–A or TTB Forms
1513–0062
5150.19:
1513–0062
(4) The applicable code number(s) for
1513–0061
1513–0062 the article or process;
1513–0062
(5) The name of the permittee
1513–0062 adopting the formulas, followed by the
1513–0062 phrase, for each formula, ‘‘Formula of
1513–0062 ___ (Name and permit number of
1513–0062
permittee who received formula
1513–0061
1513–0062 approval) is hereby adopted;’’ and
(6) In the case of a permittee adopting
1513–0062
1513–0061 the formulas of another entity, evidence
1513–0062 of its relationship to that entity.
Add
1512–0336
1512–0336
1512–0336
1512–0336
1512–0336
1512–0336
1512–0336
1512–0337
1512–0337
1512–0337
1512–0337
1512–0337
1512–0337
1512–0337
1512–0336
1512–0337
1512–0337
1512–0337
1512–0337
1512–0337
1512–0337
1512–0336
1512–0337
1512–0337
1512–0336
1512–0337
1512–0337
1512–0337
1512–0336
1513–0062
1513–0062
1513–0061
(Approved by the Office of Management and
Budget under control number 1513–0061)
§ 20.91
10. In § 20.41, paragraph (d)(1) is
revised to read as follows:
■
§ 20.41 Application for industrial alcohol
user permit.
*
*
*
*
*
(d) Exceptions. (1) The proprietor of a
distilled spirits plant qualified under
part 19 of this chapter is not required to
qualify under this part for activities
conducted at that plant’s bonded
premises.
*
*
*
*
*
§ 20.59
[Amended]
11. In § 20.59, paragraph (a) is
amended by removing the word
‘‘teminated’’ and adding, in its place,
the word ‘‘terminated’’.
■ 12. Section 20.63 is revised to read as
follows:
■
§ 20.63 Adoption of formulas and
statements of process.
(a) Adoption of formulas and
statements of process is permitted:
(1) When a successor (proprietorship
or fiduciary) adopts a predecessor’s
formulas and statements of process as
provided in §§ 20.57(c) and 20.58; and
(2) When a permittee adopts for use
at one plant, the formulas previously
approved by TTB for use at another
plant, or when a permittee adopts a
formula previously approved by TTB for
a parent or subsidiary, provided that in
the case of a parent-subsidiary
relationship the subsidiary is whollyowned by the parent.
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[Amended]
13. In § 20.91, paragraph (a) is
amended by removing the words ‘‘in the
TTB Bulletin’’ and adding, in their
place, the words ‘‘on the TTB Web site
at https://www.ttb.gov’’.
■ 14. In § 20.93, paragraph (a) is
amended by removing the word
‘‘appoved’’ and adding, in its place, the
word ‘‘approved’’.
■ 15. Section 20.95 is revised to read as
follows:
■
§ 20.95
Developmental samples of articles.
(a) Samples for submission to TTB.
Prior to receiving formula approval on
TTB Form 5150.19, a user may use
S.D.S. in the manufacture of samples of
articles for submission in accordance
with § 20.92. However, the user may
only use the limited quantity of S.D.S.
that is necessary to produce the
samples.
(b) Samples for shipment to
prospective customers. Prior to
submitting a formula and statement of
process on TTB Form 5150.19, a user
may use S.D.S. to prepare
developmental samples of articles for
shipment to prospective customers.
Only one sample of each formulation of
the article under development may be
sent to each customer. Each sample
shall be no larger than necessary for the
customer to determine whether the
product meets its requirements. The
user shall maintain records showing:
(1) The types of product samples
prepared;
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(2) The size of the samples sent, on a
one-time basis, to each prospective
customer; and
(3) The names and addresses of the
prospective customers.
(c) Formula requirement. Before the
user begins to make a quantity greater
than specified in this section, formula
approval on TTB Form 5150.19 is
required.
(Approved by the Office of Management and
Budget under control number 1513–0062)
§ 20.100
[Amended]
16. In § 20.100, paragraph (a) is
amended by removing the word
‘‘addiition’’ and adding, in its place, the
word ‘‘addition’’.
■ 17. Section 20.102 is revised to read
as follows:
■
§ 20.102 Bay rum, alcoholado, or
alcoholado-type toilet waters.
Unless manufactured exclusively for
export under a formula approved by
TTB and endorsed ‘‘For Export Only,’’
bay rum, alcoholado, or alcoholado-type
toilet waters made with S.D.S. shall
contain in each gallon of finished
product:
(a) 71 milligrams of denatonium
benzoate (also known as benzyldiethyl
(2:6-xylylcarbamoyl methyl) ammonium
benzoate) in addition to any of this
material used as a denaturant in the
specially denatured alcohol;
(b) 2 grams of tartar emetic; or
(c) 0.5 avoirdupois ounce of sucrose
octaacetate.
§ 20.103
[Removed and Reserved]
18. Section 20.103 is removed and
reserved.
■ 19. Section 20.111 is amended by
revising paragraph (a), adding a new
paragraph (c), and revising the Office of
Management and Budget control
number referenced at the end of the
section, to read as follows:
■
mstockstill on DSK3G9T082PROD with RULES
§ 20.111
General.
(a) Formula approval obtained on TTB
Form 5150.19 is not required for an
article made in accordance with any
approved general-use formula that is
specified in §§ 20.112 through 20.124,
that is approved by the appropriate TTB
officer as an alternate method, or that is
published as a TTB Ruling on the TTB
Web site at https://www.ttb.gov.
However, a statement of process on TTB
Form 5150.19 is still required in any of
the circumstances described in § 20.94.
*
*
*
*
*
(c) The manufacturer shall ensure that
each finished article made pursuant to
a general-use formula is unfit for
beverage use and is incapable of being
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reclaimed or diverted to beverage use or
internal human use.
(Approved by the Office of Management and
Budget under control number 1513–0061)
§ 20.112
[Amended]
20–21. Section 20.112 is amended by:
a. In the last sentence of paragraph (a)
introductory text, removing the word
‘‘alcohol’’ and adding, in its place, the
letters ‘‘S.D.A.’’;
■ b. In paragraph (a)(1) by adding the
words ‘‘propylene glycol monomethyl
ether,’’ after the words ‘‘nitropropane
(mixed isomers),’’; and
■ c. In paragraph (a)(2) is amended by
removing the cross-reference to
‘‘§ 21.106’’ and adding, in its place, the
cross-reference ‘‘§ 21.107’’.; and
■ d. Removing paragraph (c).
■ 22. Section 20.113 is revised to read
as follows:
■
■
§ 20.113 Proprietary solvents general-use
formula.
A proprietary solvent made pursuant
to this formula shall be made with
alcohol denatured in accordance with
S.D.A. Formula No. 1, 3–A, or 3–C and
shall contain, for every 100 parts (by
volume) of S.D.A.:
(a) No less than 1 part (by volume) of
one or any combination of the
following: Gasoline, unleaded gasoline,
heptane, or rubber hydrocarbon solvent,
and
(b) No less than 3 parts (by volume)
of one or any combination of the
following: Ethyl acetate (equivalent to
85 percent ester content, as defined in
§ 21.107 of this chapter), methyl
isobutyl ketone, methyl n-butyl ketone,
tert-butyl alcohol, sec-butyl alcohol,
nitropropane (mixed isomers), ethylene
glycol monoethyl ether, or toluene.
■ 23. In § 20.114, the introductory text
and paragraph (a) are revised to read as
follows:
§ 20.114 Tobacco flavor general-use
formula.
This tobacco flavor general-use
formula authorizes the production of
any finished article made with alcohol
denatured in accordance with S.D.A.
Formula No. 4 or S.D.R. Formula No. 4
which—
(a) Contains flavors sufficient to
ensure that the article is unfit for
beverage or internal human use,
*
*
*
*
*
■ 24. In § 20.115, the introductory text
and paragraph (a) are revised to read as
follows:
§ 20.115
Ink general-use formula.
This ink general-use formula
authorizes the production of any
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Sfmt 4700
59457
finished article made with alcohol
denatured in accordance with S.D.A.
Formula No. 1, 3–A, 3–C, 13–A, 23–A,
30, 32, 35–A, or 40–B, which—
(a) Contains pigments, dyes, or
dyestuffs, which, alone or in
combination with solvents or other
ingredients, are sufficient to ensure that
the article is unfit for beverage use,
*
*
*
*
*
■ 25. Section 20.116 is revised to read
as follows:
§ 20.116
Low alcohol general-use formula.
This low alcohol general-use formula
authorizes the production of any
finished article containing not more
than 5 percent alcohol by weight or
volume. Articles containing no alcohol,
or whose manufacture involves the
recovery of S.D.S., shall be covered by
a statement of process on TTB Form
5150.19 submitted under § 20.94.
■ 26. Section 20.117 is revised to read
as follows:
§ 20.117 Reagent alcohol general-use
formula.
(a) General. Reagent alcohol must be
made in accordance with paragraph (b)
of this section and labeled in
accordance with paragraph (c) of this
section. Reagent alcohol is—
(1) Treated as an article if distributed
and used in accordance with paragraph
(d) of this section; or
(2) Treated as S.D.A. if distributed
and used in accordance with paragraph
(e) of this section.
(b) Formula. Reagent alcohol shall be
made with 95 parts (by volume) of
S.D.A. 3–A, and 5 parts (by volume) of
isopropyl alcohol. Water may be added
at the time of manufacture. Reagent
alcohol shall not contain any ingredient
other than those specified in this
paragraph.
(c) Labeling. Each container of reagent
alcohol, regardless of size, shall have
affixed to it a label containing the
following words that are as conspicuous
as any other words on the container
labels: ‘‘Reagent Alcohol: Specially
Denatured Alcohol Formula 3–A, 95
parts by vol.; and Isopropyl Alcohol, 5
parts by vol.’’ If water is added at the
time of manufacture, the label shall
specify the composition of the product
as diluted.
(d) Distribution and use of reagent
alcohol as an article. Reagent alcohol is
treated as an article if distributed
exclusively for the purpose of scientific
use. Only the following distributions of
reagent alcohol are permitted under this
paragraph:
(1) For scientific use. (i) In smaller
containers. The manufacturer or
repackager of the reagent alcohol, or an
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S.D.S. dealer, may distribute reagent
alcohol in containers not exceeding four
liters to laboratories or other persons
who require reagent alcohol for
scientific use.
(ii) In bulk containers. The
manufacturer of the reagent alcohol, or
an S.D.S. dealer, may distribute reagent
alcohol in containers larger than four
liters to a laboratory or other person
requiring reagent alcohol for scientific
use if that laboratory or person is
qualified to receive bulk shipments of
reagent alcohol on October 31, 2016 or
has received, from the appropriate TTB
officer, approval of a letterhead
application containing the following
information:
(A) The applicant’s name, address,
and permit number, if any;
(B) An explanation of the applicant’s
need for bulk quantities of reagent
alcohol;
(C) A description of the security
measures that will be taken to segregate
reagent alcohol from denatured spirits
or other alcohol that may be on the same
premises; and
(D) A statement that the applicant will
allow any appropriate TTB officer to
inspect the applicant’s premises.
(2) For repackaging. The manufacturer
of the reagent alcohol, or an S.D.S.
dealer, may distribute reagent alcohol in
containers larger than 4 liters to the
persons specified in this paragraph.
Those persons must repackage the
reagent alcohol in containers not
exceeding 4 liters, label the smaller
packages in accordance with paragraph
(c) of this section, and redistribute them
in accordance with paragraph (d)(1)(i) of
this section. The persons to whom
reagent alcohol may be distributed in
bulk for repackaging under this
paragraph are:
(i) A proprietor of a bona fide
laboratory supply house; and
(ii) Any other person who was
qualified to receive bulk shipments of
reagent alcohol on October 31, 2016, or
who has received, from the appropriate
TTB officer, approval of a letterhead
application containing all of the
information required by paragraph
(d)(1)(ii)(A) through (D), in addition to
the following:
(A) A statement that the applicant
will comply with the labeling,
packaging, and distribution
requirements of paragraphs (c) and
(d)(1) of this section; and
(B) A statement that the applicant will
comply with the requirements of
§ 20.133.
(3) For redistribution. The
manufacturer of the reagent alcohol, or
an S.D.S. dealer, may distribute reagent
alcohol in containers of any size to an
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S.D.S. dealer for redistribution in
accordance with this section. An S.D.S.
dealer distributing or redistributing
reagent alcohol may repackage it in
containers of any size permitted under
this section that is necessary for the
conduct of business.
(e) Distribution and use of reagent
alcohol in manufacturing. Reagent
alcohol is treated as S.D.A. if distributed
for the purpose of manufacturing. The
following requirements apply to reagent
alcohol treated as S.D.A.:
(1) The manufacturer of the reagent
alcohol, or an S.D.S. dealer, may
distribute reagent alcohol in containers
of any size to the persons specified in
this paragraph for use in manufacturing.
(2) A person may receive reagent
alcohol for use in manufacturing if the
person:
(i) Holds a permit as an S.D.A. user;
(ii) Has received formula approval on
TTB Form 5150.19 to use reagent
alcohol in manufacturing; and
(iii) Treats the reagent alcohol as
S.D.A., not an article.
(Approved by the Office of Management and
Budget under control number 1513–0061)
(a) Is made with alcohol denatured in
accordance with S.D.A. Formula No. 1,
3–A, 13–A, 19, 23–A, 23–H, 30, 32, 35–
A, 36, 37, 38–D, 40, 40–A, and/or 40–
B, but no other specially denatured
spirits formula;
(b) Conforms to one of the Use Codes
specified in part 21 of this chapter
authorized for the S.D.A. formulation(s)
being used to make the article, other
than Use Code 900, as described in part
21 of this chapter; and
(c) Contains sufficient additional
ingredients, other than the denaturants
prescribed for the applicable S.D.A.
formula(s) —
(1) To definitely change the
composition and character of the S.D.A.
used to make the article, and
(2) To ensure that the finished article
is unfit for beverage or other internal
human use, and, unless approved under
§ 20.193(b), is incapable of being
reclaimed or diverted to beverage use or
internal human use; and
(d) Does not conform to any other
general-use formula provided in subpart
F of this part.
§ 20.118
§ 20.121
[Amended]
Vinegar general-use formula.
27. Section 20.118(b) is amended by:
a. In Formula A, removing the word
‘‘ordorous’’ and adding, in its place, the
word ‘‘odorous’’; and
■ b. In Formula B, removing the term
‘‘(Bitrex (THS–839))’’ and adding, in its
place, the term ‘‘(denatonium
benzoate)’’.
The vinegar general-use formula is a
formula for making vinegar with alcohol
denatured in accordance with S.D.A.
Formula No. 18 in a process whereby all
of the ethyl alcohol, except residual
alcohol within the limit specified in
§ 20.104, loses its identity by being
converted to vinegar.
§ 20.119
§ 20.122
■
■
[Amended]
28. In § 20.119, the introductory text
is amended by:
■ a. Removing the words ‘‘shall consist
of’’ and adding, in their place, the word
‘‘describes’’; and
■ b. Removing the word ‘‘formula’’ the
second time it appears and adding, in its
place, the word ‘‘formulation’’.
■ 29. In subpart F, add §§ 20.120
through 20.124 to read as follows:
■
Subpart F—Formulas and Statements
of Process
*
*
*
*
*
Sec.
20.120 Multi-purpose general-use formula.
20.121 Vinegar general-use formula.
20.122 S.D.A. 39–C general-use formula.
20.123 Pressurized container general-use
formula.
20.124 Duplicating fluid and ink solvent
general-use formula.
§ 20.120 Multi-purpose general-use
formula.
TTB authorizes this general-use
formula for the manufacture of any
article that:
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S.D.A. 39–C general-use formula.
S.D.A. 39–C general-use formula is a
formula for articles made with alcohol
denatured in accordance with S.D.A.
Formula No. 39–C. Articles made
pursuant to this general-use formula
shall contain, in each gallon of finished
product, not less than 2 fl. oz. of
perfume material (essential oils as
defined in § 21.11, isolates, aromatic
chemicals, etc.). Unless approved with
the endorsement ‘‘for export only,’’ all
articles made with alcohol denatured in
accordance with S.D.A. Formula No.
39–C must be made in accordance with
this formula.
§ 20.123 Pressurized container generaluse formula.
This general-use formula describes an
article, made with alcohol denatured in
accordance with S.D.A. Formula No.
40–C, that will be packaged in
pressurized containers in which the
liquid contents are in intimate contact
with the propellant and from which the
contents are not easily removable in
liquid form.
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§ 20.124 Duplicating fluid and ink solvent
general-use formula.
(Approved by the Office of Management and
Budget under control number 1513–0061)
(a) Duplicating fluids and ink solvents
under this general-use formula shall be
made with alcohol denatured in
accordance with S.D.A. Formula No. 1,
3–A, 3–C, 13–A, 23–A, 30, 32, 35–A, or
40–B, and
(1) Shall contain, for every 100 parts
(by volume) of denatured alcohol:
(i) No less than 1 part (by volume) of
n-propyl acetate, and no less than 10
parts (by volume) of one or any
combination of isopropyl alcohol or
methyl alcohol; or
(ii) No less than 5 parts (by volume)
of n-propyl acetate; and
(2) May contain additional
ingredients.
(b) Duplicating fluids and ink solvents
are intended for use in the printing
industry, shall not be sold for general
solvent use, and shall not be distributed
through retail channels for sale as
consumer commodities for personal or
household use.
■
§ 20.131
[Amended]
30. In § 20.131, the second sentence is
amended by adding the word ‘‘in’’ after
the words ‘‘general terms’’.
■ 31. Section 20.132 is amended by
adding a new paragraph (d) to read as
follows:
■
§ 20.132
General requirements.
*
*
*
*
*
(d) Analytical tolerance. In the case of
an article manufactured in accordance
with a formula that specifies exact
amounts of ingredients, including
denatured spirits, TTB will apply an
analytical tolerance of ±5% and use
standard rounding rules in determining
whether the article complies with the
formula.
■ 32. In § 20.133, paragraph (b) is
revised, paragraph (c) is added, and the
Office of Management and Budget
control number referenced at the end of
the section is revised to read as follows:
§ 20.133 Registration of persons
trafficking in articles.
mstockstill on DSK3G9T082PROD with RULES
*
*
*
*
*
(b) A person who reprocesses articles
shall ensure that each article containing
0.5 percent or more alcohol by weight
or volume is unfit for beverage or
internal human use and is incapable of
being reclaimed or diverted to beverage
use or internal human use.
(c) The appropriate TTB officer will
prohibit any of the activities described
in paragraph (a) of this section if the
activity jeopardizes the revenue or
increases the burden of administering
this part.
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33. In § 20.134, paragraph (a) and the
Office of Management and Budget
control number referenced at the end of
the section are revised to read as
follows:
§ 20.134
(Approved by the Office of Management and
Budget under control number 1513–0061)
34. Section 20.136 is revised to read
as follows:
■
§ 20.136 Labeling regulations of other
agencies.
Other Federal agencies have
promulgated regulations that may affect
the labeling of denatured spirits or
articles. Manufacturers are responsible
for properly labeling denatured spirits
and articles in compliance with all
applicable regulations of those other
Federal agencies, which may include:
(a) The Consumer Product Safety
Commission, which has promulgated
regulations to administer the Federal
Hazardous Substances Act, which
include regulations in 16 CFR chapter II
that require warning labels for products
containing certain specified substances
like methyl alcohol, which is a
denaturant in formulations of S.D.A.
Formula Nos. 3–A and 30, and is a
hazardous substance at levels of 4
percent or more by weight;
(b) The Federal Trade Commission,
which has promulgated regulations in
16 CFR chapter I to administer the Fair
Packaging and Labeling Act, which
affect the packaging and labeling of
‘‘consumer commodities’’ (which
generally means products intended for
retail sale to an individual for personal
or household use);
(c) The Food and Drug
Administration, which has promulgated
regulations in 21 CFR chapter I to
administer the Fair Packaging and
Labeling Act (as it applies to drugs,
medical devices, or cosmetics) and the
Federal Food, Drug and Cosmetic Act;
and
(d) The Occupational Safety and
Health Administration, which
Frm 00035
Fmt 4700
administers the Occupational Safety and
Health Act of 1970 and has promulgated
regulations in 29 CFR chapter XVII
concerning the communication of
hazards.
§ 20.141
[Amended]
35. In § 20.141, paragraph (a) is
amended by removing the word
‘‘formula’’ the first time it appears, and
adding, in its place, the word
‘‘formulation’’, and by adding the words
‘‘formulations of’’ after the words ‘‘For
example,’’.
■
Labeling.
(a) General. Except as otherwise
provided in paragraph (b) or (c) of this
section, the immediate container of each
article shall, before removal from the
manufacturer’s premises, bear the
following information either directly on
the container or on a label securely
attached to it:
(1) The name, trade name or brand
name of the article; and
(2) The name and address (city and
State) of the manufacturer or distributor
of the article.
*
*
*
*
*
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§ 20.163
[Amended]
36. In § 20.163:
a. Paragraph (d) is amended by
removing the words ‘‘of bill or lading’’
and adding, in their place, the words
‘‘or bill of lading’’; and
■ b. The parenthetical phrase at the end
of the section is amended by removing
the Office of Management and Budget
control number ‘‘1512–0337’’ and
adding, in its place, the number ‘‘1513–
0062’’.
■
■
§ 20.170
[Amended]
37. Section 20.170 is amended by
removing the word ‘‘formula’’ and
adding, in its place, the word
‘‘formulation’’.
■
§ 20.175
[Amended]
38. In § 20.175, paragraph (c) is
amended by adding to the end of the
sentence the words, ‘‘except as provided
in 26 U.S.C. 5001(a)(4) and (5)’’.
■ 39. Section 20.183 is added under the
undesignated center heading
‘‘Operations by Dealers’’ to read as
follows:
■
§ 20.183
Exportation of S.D.S.
(a) General. Except as otherwise
provided in paragraph (b) of this
section, a dealer may export S.D.S. that
conform to a formula specified in part
21 of this chapter to any country that
allows the importation of such spirits.
The exporting dealer shall:
(1) For each export shipment, prepare
TTB Form 5100.11 in accordance with
its instructions as a notice and submit
it to the appropriate TTB officer;
(2) Mark each shipping container and
case with the words ‘‘For Export’’;
(3) Export the S.D.S. directly; and
(4) Retain appropriate documentation,
such as invoices and bills of lading, as
evidence that the denatured spirits
were, in fact, exported.
(b) Exception. A dealer may not
export under paragraph (a) of this
section any spirits that conform to
Formula No. 3–C, 29, or 38–B.
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The claim shall include the applicable
data required by § 20.205.
■ 44. Section 20.222 is revised to read
as follows:
40. Section 20.189 is amended by
revising paragraphs (c) and (d) to read
as follows:
■
§ 20.189
Use of S.D.S.
*
*
*
*
*
(c) Unless otherwise authorized by the
appropriate TTB officer, each
formulation of S.D.S. may be used only
for the purposes authorized for that
formulation under part 21 of this
chapter.
(d) By the use of essential oils and/or
chemicals in the manufacture of each
article containing 0.5 percent or more
alcohol by weight or volume, the
manufacturer shall ensure that:
(1) Each finished article is unfit for
beverage use; and
(2) Unless approved ‘‘for export only’’
under § 20.193(b), each finished article
is incapable of being reclaimed or
diverted to beverage use or internal
human use.
*
*
*
*
*
§ 20.191
[Amended]
41. Section 20.191 is amended by
removing the last sentence.
■ 42. Section 20.193 is added to subpart
I to read as follows:
■
§ 20.193
Articles for export.
(a) Articles approved without
qualification, including articles made in
accordance with one of the general-use
formulas in §§ 20.111 through 20.124,
may be exported without restriction.
(b) For each article for which the
approved formula is endorsed ‘‘For
Export Only’’ the manufacturer shall:
(1) Label the immediate container to
clearly show that the article is for export
(for example, with the words ‘‘For
export only’’, ‘‘Not for sale in the United
States’’, or ‘‘Manufactured for sale in
lll’’);
(2) Mark the shipping containers and
cases with the words ‘‘For Export’’;
(3) Export the article directly; and
(4) Retain appropriate documentation,
such as invoices and bills of lading, as
evidence that the article was, in fact,
exported.
(c) All articles for export shall comply
with the applicable requirements of the
countries to which they are sent.
■ 43. In § 20.204, paragraph (c) is
revised to read as follows:
mstockstill on DSK3G9T082PROD with RULES
§ 20.204
Incomplete shipments.
*
*
*
*
*
(c) Subject to the limitations for loss
prescribed in § 20.202, the shipper
(dealer or distilled spirits plant
proprietor) shall file a claim for
allowance of the entire quantity lost, in
the manner provided in that section.
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§ 20.222
Destruction.
(a) Record of destruction. A permittee
who destroys specially denatured spirits
or recovered alcohol, or who transfers
such material to another entity for
destruction, shall prepare a record of
destruction, which shall be maintained
by the permittee with the records
required by subpart P of this part. The
record shall identify—
(1) The reason for destruction,
(2) The date, time, location and
manner of destruction,
(3) The quantity involved and, if
applicable, identification of containers,
and
(4) The name of the individual who
accomplished or supervised the
destruction.
(b) Destruction by nonpermittees. In
general, the destruction of specially
denatured spirits and recovered alcohol
shall be performed by a permittee or a
distilled spirits plant. However, a
nonpermittee may destroy recovered
alcoholic material if the material has
been determined by the appropriate
TTB officer to be equivalent to an
article. If the material is not so
determined, destruction may only occur
on the premises of the manufacturer
who recovered the material, a distilled
spirits plant, or a dealer permittee.
(Approved by the Office of Management and
Budget under control number 1513–0062)
§ 20.262
[Amended]
45. Section 20.262 is amended by
removing the word ‘‘formula’’ each
place it occurs and adding in its place
the word ‘‘formulation’’.
■
§ 20.263
[Amended]
46. Section 20.263 is amended by
removing the word ‘‘formula’’ each
place it occurs and adding in its place
the word ‘‘formulation’’.
■ 47. In § 20.264, paragraphs (a)(1) and
(2) are revised, paragraph (a)(4) is
added, and the Office of Management
and Budget control number referenced
at the end of the section is revised to
read as follows:
■
§ 20.264 User’s records and report of
products and processes.
(a) Records. (1) Each user shall
maintain separate accountings of—
(i) The number of gallons of each
formulation of new S.D.S. used for each
product or process, recorded by the
code number prescribed by § 21.141 of
this chapter; and
PO 00000
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(ii) The number of gallons of each
formulation of recovered S.D.S. used for
each product or process, recorded by the
code number prescribed by § 21.141 of
this chapter.
(2) Each user who recovers specially
denatured spirits shall maintain
separate accountings of the number of
gallons of each formulation of specially
denatured spirits recovered from each
product or process, recorded by the
code number prescribed by § 21.141 of
this chapter.
*
*
*
*
*
(4) Each user who manufactures
articles for export subject to § 20.193(b)
shall retain the documentation required
by § 20.193(b)(4).
*
*
*
*
*
(Approved by the Office of Management and
Budget under control number 1513–0062)
PART 21—FORMULAS FOR
DENATURED ALCOHOL AND RUM
48. The authority citation of part 21
continues to read as follows:
■
Authority: 5 U.S.C. 552(a), 26 U.S.C. 5242,
7805.
49. Part 21 is amended by removing
the abbreviation ‘‘ml’’ each place it
occurs within the part and adding, in its
place, the abbreviation ‘‘mL’’.
■
§ 21.7
[Amended]
50. In § 21.7, the second sentence is
amended by adding the words ‘‘the
current version of’’ immediately before
the words ‘‘TTB Order 1135.21’’.
■
§ 21.11
[Amended]
51. In § 21.11:
a. The definition of ‘‘Appropriate TTB
Officer’’ is amended by adding the
words ‘‘the current version of’’
immediately before the words ‘‘TTB
Order 1135.21’’; and
■ b. The definition of ‘‘C.D.A.’’ is
amended by removing the word
‘‘Completly’’ and adding, in its place,
the word ‘‘Completely’’.
■ 52. In § 21.21 add paragraph (d) to
read as follows:
■
■
§ 21.21
General.
*
*
*
*
*
(d) TTB will apply an analytical
tolerance of ±5 percent and use standard
rounding rules in determining whether
completely denatured alcohol complies
with the formula prescribed in this
subpart (or in accordance with § 21.5).
■ 53. In § 21.24, paragraph (a) is revised
to read as follows:
§ 21.24
Formula No. 20.
(a) Formula. To every 100 gallons of
ethyl alcohol of not less than 195 proof
add:
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Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
A total of 2.0 gallons of either
unleaded gasoline, rubber hydrocarbon
solvent, kerosene, deodorized kerosene,
alkylate, ethyl tertiary butyl ether, high
octane denaturant blend, methyl tertiary
butyl ether, naphtha, natural gasoline,
raffinate, or any combination of these; or
A total of 5.0 gallons of toluene.
*
*
*
*
*
■ 54. In subpart C, § 21.25 is added to
read as follows:
§ 21.41
§ 21.25
■
Formula No. 35.
Formula. To every 100 gallons of
alcohol of not less than 185 proof add:
29.75 gallons of ethyl acetate having
an ester content of 100 percent by
weight or the equivalent thereof not to
exceed 35 gallons of ethyl acetate with
an ester content of not less than 85
percent by weight.
■ 55. In subpart C, § 21.26 is added to
read as follows:
§ 21.26
Formula No. 12–A.
Formula. To every 100 gallons of
alcohol of not less than 185 proof add:
Five gallons of toluene or 5 gallons of
heptane.
■ 56. Section 21.31 is amended by
adding paragraph (d) to read as follows:
§ 21.31
General.
*
*
*
*
*
(d) Analytical tolerance. TTB will
apply an analytical tolerance of ±5%
and use standard rounding rules in
determining whether specially
denatured spirits complies with the
formula prescribed in this subpart (or in
accordance with § 21.5).
■ 57. In § 21.33, paragraph (a) is revised
to read as follows:
§ 21.33
Formula No. 2–B.
(a) Formula. To every 100 gallons of
alcohol add:
One-half gallon of rubber hydrocarbon
solvent, 1⁄2 gallon of toluene, 1⁄2 gallon
of heptane, 1⁄2 gallon of hexane (mixed
isomers), or 1⁄2 gallon of n-hexane.
*
*
*
*
*
§ 21.34
[Removed and Reserved]
58. Section 21.34 is removed and
reserved.
■
§ 21.35
[Amended]
59. In § 21.35, paragraph (a) is
amended by adding the words
‘‘cyclohexane or’’ before the words
‘‘methyl alcohol.’’
mstockstill on DSK3G9T082PROD with RULES
■
§ 21.36
[Removed and Reserved]
60. Section 21.36 is removed and
reserved.
■
§§ 21.39 and 21.40
Reserved]
[Removed and
61. Sections 21.39 and 21.40 are
removed and reserved.
■
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[Amended]
§ 21.66
62. In § 21.41, paragraph (b) is
amended by adding the words ‘‘485.
Miscellaneous solutions.’’ in
appropriate numerical order.
§ 21.68
[Removed and Reserved]
■
§ 21.42
59461
■
[Removed and Reserved]
63. Section 21.42 is removed and
reserved.
■
§§ 21.45 and 21.46
Reserved]
[Removed and
64. Sections 21.45 and 21.46 are
removed and reserved.
§ 21.48
[Removed and Reserved]
65. Section 21.48 is removed and
reserved.
■
§ 21.49
[Amended]
66. In § 21.49, paragraph (b)(1) is
amended by removing the word
‘‘insectides’’ from the entry beginning
‘‘410’’ and adding, in its place, the word
‘‘insecticides’’.
■
§§ 21.52 through 21.54
Reserved]
[Removed and
67. Sections 21.52 through 21.54 are
removed and reserved.
■
§ 21.59
[Amended]
68. In § 21.59, paragraph (b) is
amended by adding the words ‘‘485.
Miscellaneous solutions.’’ in
appropriate numerical order.
■
§§ 21.60 and 21.61
Reserved]
[Removed and
69. Sections 21.60 and 21.61 are
removed and reserved.
■
§ 21.62
[Amended]
70. In § 21.62, paragraph (b)(1) is
amended by adding the words ‘‘052.
Inks.’’ and ‘‘485. Miscellaneous
solutions.’’ in appropriate numerical
order.
■
§ 21.63
74. Section 21.66 is removed and
reserved.
■ 75. In § 21.68, paragraphs (a)(1) and
(2) are revised to read as follows:
§§ 21.69 and 21.70
Reserved]
[Removed and
76. Sections 21.69 and 21.70 are
removed and reserved.
■
§ 21.76
[Amended]
77. In § 21.76, paragraph (b)(1) is
amended by adding the words ‘‘052.
Inks.’’ and ‘‘485. Miscellaneous
solutions.’’ in appropriate numerical
order.
■
§ 21.78
[Removed and Reserved]
78. Section 21.78 is removed and
reserved.
■
§ 21.81
[Removed and Reserved]
79. Section 21.81 is removed and
reserved.
■
§ 21.91
[Amended]
80. Section 21.91 is amended by
adding a sentence at the end of the
section to read as follows:
■
§ 21.91
[Amended]
Formula No. 38–F.
(a) * * *
(1) Six pounds of either boric acid,
N.F., Polysorbate 80, N.F., or Poloxamer
407, N.F.; 11/3 pounds of thymol, N.F.;
11/3 pounds of chlorothymol, N.F. XII;
and 11/3 pounds of menthol, U.S.P.; or
(2) A total of at least 3 pounds of any
two or more denaturing materials listed
under Formula No. 38–B, plus sufficient
boric acid, N.F., Polysorbate 80, N.F., or
Poloxamer 407, N.F. to total 10 pounds
of denaturant; or
*
*
*
*
*
General.
71. In § 21.63, paragraph (a) is
amended by adding the words ‘‘8.75
pounds of potassium hydroxide, on an
anhydrous basis;’’ before the words ‘‘or
12.0 pounds of caustic soda,’’.
* * * The authorization of a
substitute denaturant may be published
in a TTB Ruling.
■ 81. Section 21.94–T is added to read
as follows:
§ 21.64
§ 21.94–T
■
[Amended]
72. Section 21.64(a) is amended by
removing the word ‘‘onces’’ and adding,
in its place, the word ‘‘ounces’’.
■
§ 21.65
[Amended]
73. In § 21.65, the list in paragraph (a)
is amended by adding entries reading
‘‘Cornmint oil.’’, ‘‘Distilled lime oil.’’,
‘‘L(–)–Carvone.’’, ‘‘Lemon oil.’’, and
‘‘Peppermint oil, Terpeneless.’’, in
appropriate alphabetical order, and
paragraph (b)(1) is amended by
removing the word ‘‘Sterlizing’’ from
the entry beginning ‘‘430’’ and adding,
in its place, the word ‘‘Sterilizing’’.
■
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Alkylate.
(a) API gravity at 60 °F. 70.4.
(b) Reid vapor pressure (PSI). 5.60
maximum.
(c) Distillation (°F):
(i) I.B.P. 109.0.
(ii) 10 percent. 186.6.
(iii) 50 percent. 221.1.
(iv) 90 percent. 271.8.
(v) End point distillation. 375.7.
§§ 21.97 and 21.98
Reserved]
[Removed and
82. Sections 21.97 and 21.98 are
removed and reserved.
■
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Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
§§ 21.103 and 21.104
Reserved]
[Removed and
(b) Distillation range. No distillate
should come over below 150 °F and
none above 160 °F.
(c) Odor. Characteristic odor.
■ 91. Section 21.112–T3 is added to
read as follows:
83. Sections 21.103 and 21.104 are
removed and reserved.
■ 84. Section 21.105–T1 is added to
read as follows:
■
§ 21.105–T1 Cornmint oil (Mentha arvensis
and Mentha canadensis).
(a) Specific gravity at 25 °C. 0.895 to
0.905.
(b) Refractive index at 20 °C. 1.4580
to 1.4590.
(c) Optical rotation at 20 °C. ¥18° to
¥36°.
(d) Alcohol content (as menthol). 65
percent minimum.
(e) Ketone content (as menthone). 5
percent minimum.
■ 85. Section 21.105–T2 is added to
read as follows:
§ 21.105–T2
Cyclohexane.
(a) Specific gravity at 20 °C. 0.75 to
0.80.
(b) Odor. Characteristic odor.
■ 86. Section 21.106–T is added to read
as follows:
§ 21.106–T Distilled lime oil (Citrus
aurantifolia).
(a) Specific gravity at 25 °C. 0.850 to
0.870.
(b) Refractive index at 20 °C. 1.4740
to 1.4780.
(c) Optical rotation at 20 °C. +30° to
+50°.
(d) Aldehyde content (as citral). 0.5 to
3.0 percent.
(e) Terpene content (as limonene). 45
percent minimum.
■ 87. Section 21.108–T is added to read
as follows:
§ 21.108–T
Ethyl tertiary butyl ether.
(a) Purity. ≥95.0 percent.
(b) Color. Colorless to light yellow.
(c) Odor. Terpene-like.
(d) Specific gravity at 20 °C. 0.70 to
0.80.
(e) Boiling point (°C). 73.
§ 21.111
[Removed and Reserved]
88. Section 21.111 is removed and
reserved.
■ 89. Section 21.112–T1 is added to
read as follows:
■
mstockstill on DSK3G9T082PROD with RULES
§ 21.112–T1
Hexane (mixed isomers).
(a) General. Minimum 55 percent nhexane.
(b) Distillation range. No distillate
should come over below 150 °F and
none above 160 °F.
(c) Odor. Characteristic odor.
■ 90. Section 21.112–T2 is added to
read as follows:
§ 21.112–T2 n-Hexane.
(a) General. Minimum 97 percent
purity.
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§ 21.112–T3
High octane denaturant blend.
(a) API Gravity at 60 °F. 40 to 65.
(b) Reid Vapor Pressure (PSI). 6 to 15.
(c) Isopropyl alcohol. 24 to 40 percent
volume.
(d) Methyl alcohol. 1.6 to 9.6 percent
volume.
(e) Diisopropyl ether (DIPE). 4 to 12
percent volume.
(f) tert-Butyl alcohol. 4 to 12 percent
volume.
(g) Iso-pentane. 4 to 9 percent volume.
(h) Pentane. 4 to 9 percent volume.
(i) Pentene. 0 to 2.4 percent volume.
(j) Hexane. 2 to 6 percent volume.
(k) Heptane. 1 to 3 percent volume.
(l) Sulfur (ppm). 0 to 120.
(m) Benzene (% vol.). 0 to 1.1.
(n) Distillation (°F):
(i) 10 percent. 80 to 168.
(ii) 50 percent. 250.
(iii) End point distillation. 437.
■ 92. Section 21.115–T1 is added to
read as follows:
§ 21.115–T1
Lemon oil (Citrus limonium).
(a) Specific gravity at 25 °C. 0.850 to
0.860.
(b) Refractive index at 20 °C. 1.4570
to 1.4580.
(c) Optical rotation at 20 °C. +55° to
+65°.
(d) Terpene content (as limonene). 65
percent minimum.
■ 93. Section 21.115–T2 is added to
read as follows:
§ 21.115–T2
L(–)–Carvone.
(a) Specific gravity at 25 °C. 0.955 to
0.965.
(b) Refractive index at 20 °C. 1.495 to
1.500.
(c) Angular rotation. –57° to –62°.
(d) Assay. Not less than 97.0 percent.
■ 94. Section 21.118–T1 is added to
read as follows:
§ 21.118–T1
Naphtha.
(a) API Gravity at 60 °F. 30 to 85.
(b) Reid Vapor Pressure (PSI). 8
maximum.
(c) Specific Gravity at 20 °C. 0.70 to
0.80.
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§ 21.118–T3
Fmt 4700
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Natural gasoline.
Natural gasoline is a mixture of
various alkanes including butane,
pentane, and hexane hydrocarbons
extracted from natural gas. It has a
distillation range wherein no more than
10 percent by volume of the sample may
distill below 97 °F; at least 50 percent
by volume shall distill at or below
156 °F; and at least 90 percent by
volume shall distill at or below 209 °F.
■ 97. Section 21.121 is revised to read
as follows:
§ 21.121
Peppermint oil, Terpeneless.
(a) Specific gravity at 25 °C. 0.890 to
0.910.
(b) Refractive index at 20 °C. 1.455 to
1.465.
(c) Esters as menthyl acetate. 5
percent minimum.
(d) Menthol (free and esters). 5
percent minimum.
■ 98. Section 21.122 is revised to read
as follows:
§ 21.122
Potassium Hydroxide.
(a) Color. White or yellow.
(b) Specific gravity at 20 °C. 1.95 to
2.10.
(c) Melting point. 360 °C.
(d) Boiling point. 1320 °C.
(e) pH (0.1M solution). 13.5.
■ 99. Section 21.124–T is added to read
as follows:
§ 21.124–T
Raffinate.
(a) API Gravity at 60 °F. 30 to 85.
(b) Reid Vapor Pressure (PSI). 5 to 11.
(c) Octane (R+M/2). 66 to 70.
(d) Distillation (°F):
(i) 10 percent. 120 to 150.
(ii) 50 percent. 144 to 180.
(iii) 90 percent. 168 to 200.
(iv) End point distillation. 216 to 285.
Methyl tertiary butyl ether.
(a) Purity. ≥ 97.0 percent.
(b) Color. Clear, colorless.
(c) Odor. Turpentine-like.
(d) Specific Gravity at 20 °C. 0.70 to
0.80.
(e) Boiling Point (°C). 55.
■ 95. Section 21.118–T2 is added to
read as follows:
§ 21.118–T2
(d) Distillation (°F):
(i) I.B.P. 85 maximum.
(ii) 10 percent. 130 maximum.
(iii) 50 percent. 250 maximum.
(iv) 90 percent. 340 maximum.
(e) End point distillation. 380
maximum.
(f) Copper corrosion. One (1).
(g) Sabolt color. 28 minimum.
■ 96. Section 21.118–T3 is added to
read as follows:
§ 21.125
[Amended]
100. In § 21.125, the first sentence of
paragraph (b) is amended by removing
the word ‘‘themometer’’ and adding, in
its place, the word ‘‘thermometer’’.
■
§ 21.128
[Removed and Reserved]
101. Section 21.128 is removed and
reserved.
■ 102. Section 21.130–T is added to
read as follows:
■
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Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
§ 21.130–T
Straight run gasoline.
(a) General. Straight run gasoline is a
mixture consisting predominantly
(greater than 60 percent by volume) of
C4, C5, C6, C7 and/or C8 hydrocarbons,
and is either:
(1) A petroleum distillate coming
straight from an atmospheric distillation
unit without being cracked or reformed,
or
(2) A condensate coming directly from
an oil/gas recovery operation.
(b) API gravity. 72° minimum, 85°
maximum.
(c) Reid vapor pressure (PSI). 15
maximum.
(d) Sulfur. 120 ppm maximum.
(e) Benzene. 1.1 percent by volume
maximum.
(f) Distillation (°F):
(1) 10 percent. 97 minimum, 158
maximum.
(2) 50 percent. 250 maximum.
(3) Final boiling point. 437 maximum.
■ 103. Section 21.132 is revised to read
as follows:
§ 21.132
Product or process
Code No.
*
*
Inks ............................................................
*
*
*
Solutions, miscellaneous ...........................
*
*
*
*
§ 21.151
*
*
*
*
*
*
*
*
1, 3–A, 3–C, 13–A, 23–A, 30, 32, 33, 35–A, 40–B.
*
*
*
*
1, 3–A, 3–C, 13–A, 23–A, 30, 32, 35–A, 40–B, 40–C.
*
*
*
*
The revisions and additions read as
follows:
105. In § 21.151, the table is amended
by:
■ a. Removing the entries for
‘‘Benzene’’; ‘‘Bone oil (Dipple’s oil)’’;
‘‘Chloroform’’; ‘‘Cinchonidine’’;
‘‘Cinchonidine sulfate, N.F. IX’’;
‘‘Gentian violet’’; ‘‘Gentian violet,
U.S.P’’; ‘‘Mercuric iodide, red N.F. XI’’;
‘‘Phenyl mercuric benzoate’’; ‘‘Phenyl
mercuric chloride, N.F. IX’’; ‘‘Phenyl
mercuric nitrate, N.F’’; ‘‘Pine tar,
U.S.P’’; ‘‘Pyridine bases’’; ‘‘Quassia,
fluid extract, N.F. VII’’; ‘‘Quinine, N.F.
X’’; ‘‘Quinine dihydrochloride, N.F. XI’’;
‘‘Resorcinol (Resorcin), U.S.P’’;
‘‘Salicylic acid, U.S.P’’; ‘‘Sodium,
metallic’’; and ‘‘Thimerosal, U.S.P’’;
■ b. Removing each remaining reference
to ‘‘2–C’’, ‘‘22’’, ‘‘23–F’’, ‘‘27’’, ‘‘27–A’’,
‘‘27–B’’, ‘‘38–C’’, ‘‘39’’, ‘‘39–A’’, ‘‘42’’,
and ‘‘46’’; and
■ c. Revising the entries for ‘‘Ethyl
acetate’’, and ‘‘Toluene’’; and
■ d. Adding entries for ‘‘Alkylate’’,
‘‘Cornmint oil’’, ‘‘Cyclohexane’’,
‘‘Distilled lime oil’’, ‘‘Ethyl tertiary
butyl ether’’, ‘‘Hexane’’, ‘‘n-Hexane’’,
‘‘High octane denaturant blend’’, ‘‘L(–)–
Carvone’’, ‘‘Lemon oil’’, ‘‘Methyl tertiary
butyl ether’’, ‘‘Naphtha’’, ‘‘Natural
gasoline’’, ‘‘Peppermint oil,
terpeneless.’’, ‘‘Poloxamer 407 N.F.’’,
‘‘Potassium hydroxide’’, ‘‘Raffinate’’,
and ‘‘Straight run gasoline’’.
Jkt 238001
*
Formulas authorized
*
*
16:58 Aug 29, 2016
*
485
[Amended]
VerDate Sep<11>2014
§ 21.141 List of products and processes
using specially denatured alcohol and rum,
and formulas authorized therefor.
052
*
■
mstockstill on DSK3G9T082PROD with RULES
Toluene.
(a) Specific Gravity at 15.56°/15.56 °C.
0.80 to 0.90.
(b) Boiling point (°C). 110.6.
(c) Distillation range (°C). Not more
than 1 percent by volume should distill
below 109, and not less than 99 percent
by volume below 112.
(d) Odor. Characteristic odor.
104. In § 21.141, the table is amended
by:
■ a. Removing the entry for ‘‘Antiseptic,
bathing solution (restricted)’’;
■ b. Removing each reference to ‘‘2–C’’,
‘‘3–B’’, ‘‘6–B’’, ‘‘12– A’’, ‘‘17’’, ‘‘20’’,
‘‘22’’, ‘‘23–F’’, ‘‘27’’, ‘‘27–A’’, ‘‘27–B’’,
‘‘33’’, ‘‘35’’, ‘‘38–C’’, ‘‘39’’, ‘‘39–A’’,
‘‘42’’, and ‘‘46’’ in the column headed
‘‘Formulas authorized’’; and
■ c. Revising the entries for ‘‘Inks’’ and
for ‘‘Solutions, miscellaneous’’.
The revisions read as follows:
■
*
§ 21.151 List of denaturants authorized for
denatured spirits.
Peppermint oil,
terpeneless.
*
*
*
*
*
*
Alkylate ....................
*
*
*
*
Cornmint oil .............
Cyclohexane .............
*
*
*
*
Distilled lime oil ......
*
*
*
*
Ethyl acetate .............
*
*
*
*
Ethyl tertiary butyl
ether.
*
*
*
*
Hexane ......................
n-Hexane ...................
*
*
*
*
High octane denaturant blend.
*
*
*
*
*
*
*
Lemon oil .................
*
*
*
*
Methyl tertiary butyl
ether.
*
*
*
*
Naphtha ....................
PO 00000
Frm 00039
Fmt 4700
*
*
*
*
*
*
*
S.D.A. 38–B.
S.D.A. 3–A.
*
*
*
*
*
Potassium hydroxide
*
*
*
*
Raffinate ....................
S.D.A. 38–B.
*
*
*
*
*
Straight run gasoline
C.D.A. 35; S.D.A. 29,
35–A.
*
*
*
*
Toluene .....................
*
C.D.A. 20.
*
§ 21.161
*
S.D.A. 2–B.
S.D.A. 2–B.
*
*
S.D.A. 38–B.
*
S.D.A. 38–B.
*
C.D.A. 20.
*
C.D.A. 20.
Sfmt 4700
*
*
C.D.A. 20.
*
S.D.A. 38–B.
Poloxamer 407, N.F.
C.D.A. 20.
C.D.A. 20.
L(–)–Carvone ............
*
*
Natural gasoline .......
*
*
S.D.A. 38–F.
*
S.D.A. 36.
*
C.D.A. 20.
*
C.D.A. 20.
*
C.D.A. 12–A; S.D.A.
2–B.
*
[Amended]
106. In § 21.161, the table is revised by
removing the entries for ‘‘2–C’’, ‘‘3–B’’,
‘‘6–B’’, ‘‘12–A’’, ‘‘17’’, ‘‘20’’, ‘‘22’’, ‘‘23–
F’’, ‘‘27’’, ‘‘27–A’’, ‘‘27–B’’, ‘‘33’’, ‘‘35 3’’,
‘‘35 4’’, ‘‘38–C’’, ‘‘39’’, ‘‘39–A’’, ‘‘42’’,
and ‘‘46’’.
■
PART 27—IMPORTATION OF
DISTILLED SPIRITS, WINES, AND
BEER
107. The authority citation for part 27
is revised to read as follows:
■
Authority: 5 U.S.C. 552(a), 19 U.S.C. 81c,
1202; 26 U.S.C. 5001, 5007, 5008, 5010, 5041,
5051, 5054, 5061, 5121–5124, 5201, 5205,
5207, 5232, 5273, 5301, 5313, 5555, 6302,
7805.
E:\FR\FM\30AUR1.SGM
30AUR1
59464
Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
■ 108. Section 27.222 is added to read
as follows:
§ 27.222 Importation of denatured spirits
and fuel alcohol.
Denatured spirits and fuel alcohol are
treated as spirits for purposes of this
part and are subject to tax pursuant to
§ 27.40(a). The tax must be paid upon
importation, with only two exceptions:
Spirits may be withdrawn from customs
custody free of tax for the use of the
United States under subpart M of this
part; and spirits may be withdrawn from
customs custody and transferred to a
distilled spirits plant, including a
bonded alcohol fuel plant, without
payment of tax under subpart L of this
part. After transfer pursuant to subpart
L, denatured spirits or fuel alcohol may
be withdrawn free of tax in accordance
with part 19 of this chapter if they meet
the standards to conform either to a
denatured spirits formula specified in
part 21 of this chapter (for withdrawal
from a regular distilled spirits plant) or
a formula specified in § 19.746 of this
chapter (for withdrawal from an alcohol
fuel plant). Such withdrawal is
permitted, even though the denaturation
or rendering unfit for beverage use may
have occurred, in whole or in part, in a
foreign country. For purposes of this
chapter, the denaturation or rendering
unfit is deemed to have occurred at the
distilled spirits plant (including the
alcohol fuel plant), the proprietor of
which is responsible for compliance
with part 21 or § 19.746, as the case may
be. Imported fuel alcohol shall also
conform to the requirements of 27 CFR
19.742.
PART 28—EXPORTATION OF
LIQUORS
Authority: 5 U.S.C. 552(a); 19 U.S.C. 81c,
1202; 26 U.S.C. 5001, 5007, 5008, 5041, 5051,
5054, 5061, 5121, 5122, 5201, 5205, 5207,
5232, 5273, 5301, 5313, 5555, 6302, 7805; 27
U.S.C. 203, 205, 44 U.S.C. 3504(h).
110. Section 28.157 is added to read
as follows:
■
mstockstill on DSK3G9T082PROD with RULES
§ 28.157 Exportation by dealer in specially
denatured spirits.
A dealer in specially denatured spirits
who holds a permit under part 20 of this
chapter may export specially denatured
spirits in accordance with § 20.183 of
this chapter.
Jkt 238001
BILLING CODE 4810–31–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
29 CFR Part 2510
RIN 1210–AB71
Savings Arrangements Established by
States for Non-Governmental
Employees
Employee Benefits Security
Administration, Department of Labor.
ACTION: Final rule.
AGENCY:
This document describes
circumstances in which state payroll
deduction savings programs with
automatic enrollment would not give
rise to the establishment of employee
pension benefit plans under the
Employee Retirement Income Security
Act of 1974, as amended (ERISA). This
document provides guidance for states
in designing such programs so as to
reduce the risk of ERISA preemption of
the relevant state laws. This document
also provides guidance to private-sector
employers that may be covered by such
state laws. This rule affects individuals
and employers subject to such state
laws.
SUMMARY:
This rule is effective October 31,
2016.
109. The authority citation for part 28
continues to read as follows:
16:58 Aug 29, 2016
[FR Doc. 2016–20712 Filed 8–29–16; 8:45 am]
DATES:
■
VerDate Sep<11>2014
Signed: July 6, 2016.
John J. Manfreda,
Administrator.
Approved: July 7, 2016.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
FOR FURTHER INFORMATION CONTACT:
Janet Song, Office of Regulations and
Interpretations, Employee Benefits
Security Administration, (202) 693–
8500. This is not a toll-free number.
SUPPLEMENTARY INFORMATION:
I. Background
Approximately 39 million employees
in the United States do not have access
to a retirement savings plan through
their employers.1 Even though such
employees could set up and contribute
1 National Compensation Survey, Bureau of Labor
Statistics (July 2016), Employee Benefits in the
United States—March 2016 (https://www.bls.gov/
news.release/pdf/ebs2.pdf). These data show that 66
percent of 114 million private-sector workers have
access to a retirement plan through work. Therefore,
34 percent of 114 million private-sector workers (39
million) do not have access to a retirement plan
through work.
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
to their own individual retirement
accounts or annuities (IRAs), the great
majority do not save for retirement. In
fact, less than 10 percent of all workers
contribute to a plan outside of work.2
For older Americans, inadequate
retirement savings can mean sacrificing
or skimping on food, housing, health
care, transportation, and other
necessities. In addition, inadequate
retirement savings places greater stress
on state and federal social welfare
programs as guaranteed sources of
income and economic security for older
Americans. Accordingly, states have a
substantial governmental interest to
encourage retirement savings in order to
protect the economic security of their
residents.3 Concern over the low rate of
saving among American workers and
the lack of access to workplace plans for
many of those workers has led some
state governments to expand access to
savings programs for their residents and
other individuals employed in their
jurisdictions by creating their own
programs and requiring employer
participation.4
A. State Payroll Deduction Savings
Initiatives
One approach some states have taken
is to establish state payroll deduction
savings programs. Through automatic
enrollment such programs encourage
employees to establish tax-favored IRAs
funded by payroll deductions.5
California, Connecticut, Illinois,
Maryland, and Oregon, for example,
have adopted laws along these lines.6
These initiatives generally require
certain employers that do not offer
workplace savings arrangements to
2 See The Pew Charitable Trust, ‘‘How States Are
Working to Address The Retirement Savings
Challenge,’’ (June 2016) (https://www.pewtrusts.org/
∼/media/assets/2016/06/howstatesareworking
toaddresstheretirementsavingschallenge.pdf).
3 See Christian E. Weller, Ph.D., Nari Rhee, Ph.D.,
and Carolyn Arcand, ‘‘Financial Security Scorecard:
A State-by-State Analysis of Economic Pressures
Facing Future Retirees,’’ National Institute on
Retirement Security (March 2014)
(www.nirsonline.org/index.php?option=com_
content&task=view&id=830&Itemid=48).
4 See, e.g., Kathleen Kennedy Townsend, Chair,
Report of the Governor’s Task Force to Ensure
Retirement Security for All Marylanders,
‘‘1,000,000 of Our Neighbors at Risk: Improving
Retirement Security for Marylanders’’ (2015).
5 These could include individual retirement
accounts described in 26 U.S.C. 408(a), individual
retirement annuities described in 26 U.S.C. 408(b),
and Roth IRAs described in 26 U.S.C. 408A.
6 California Secure Choice Retirement Savings
Trust Act, Cal. Gov’t Code §§ 100000–100044
(2012); Connecticut Retirement Security Program
Act, P.A. 16–29 (2016); Illinois Secure Choice
Savings Program Act, 820 Ill. Comp. Stat. 80/1–95
(2015); Maryland Small Business Retirement
Savings Program Act, Ch. 324 (H.B. 1378)(2016);
Oregon Retirement Savings Board Act, Ch. 557
(H.B. 2960)(2015).
E:\FR\FM\30AUR1.SGM
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Agencies
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59445-59464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20712]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Parts 19, 20, 21, 27, and 28
[Docket No. TTB-2013-0005; T.D. TTB-140; Re: Notice No. 136]
RIN 1513-AB59
Reclassification of Specially Denatured Spirits and Completely
Denatured Alcohol Formulas and Related Amendments
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau is amending its
regulations concerning denatured alcohol and products made with
industrial alcohol. The amendments eliminate outdated specially
denatured spirits formulas from the regulations, reclassify some
specially denatured spirits formulas as completely denatured alcohol
formulas, and issue some new general-use formulas for manufacturing
products with specially denatured spirits. The amendments remove
unnecessary regulatory burdens on the industrial alcohol industry, as
well as on TTB, and align the regulations with current industry
practice. The amendments also make other improvements and
clarifications, as well as a number of minor technical changes and
corrections to the regulations.
DATES: This final rule is effective October 31, 2016.
FOR FURTHER INFORMATION CONTACT: Karen Welch, Alcohol and Tobacco Tax
and Trade Bureau, Regulations and Rulings Division; telephone 202-453-
1039, ext. 046; email IndustrialAlcoholRegs@ttb.gov.
SUPPLEMENTARY INFORMATION:
Authority and Background
Internal Revenue Code
Chapter 51 of the Internal Revenue Code of 1986 (IRC), 26 U.S.C.
chapter 51, contains excise tax and related provisions concerning
distilled spirits used for both beverage and nonbeverage purposes. The
IRC imposes an excise tax
[[Page 59446]]
rate of $13.50 per proof gallon on distilled spirits (26 U.S.C. 5001).
Under section 5006(a) of the IRC (26 U.S.C. 5006(a)) the excise tax on
distilled spirits is generally determined at the time the distilled
spirits are withdrawn from the bonded premises of a distilled spirits
plant.
However, section 5214(a) of the IRC authorizes, subject to
regulations prescribed by the Secretary of the Treasury, the following
two types of spirits to be withdrawn free of tax:
Spirits that have been ``denatured'' by the addition of
materials that make the spirits unfit for beverage consumption; and
Undenatured spirits for certain governmental, educational,
medical, or research purposes.
Section 5214(a)(1) of the IRC permits the withdrawal of denatured
spirits free of tax for:
Exportation;
Use in the manufacture of a definite chemical substance,
where such distilled spirits are changed into some other chemical
substance and do not appear in the finished product; or
Any other use in the arts or industry, or for fuel, light,
or power, except that, under 26 U.S.C. 5273(b), denatured spirits may
not be used in the manufacture of medicines or flavors for internal
human use where any of the spirits remain in the finished product, and,
under section 5273(d), denatured spirits may not be withdrawn or sold
for beverage purposes.
The IRC authorizes the Secretary of the Treasury to prescribe
regulations regarding the production, warehousing, denaturing,
distribution, sale, export, and use of industrial alcohol in order to
protect the revenue (26 U.S.C. 5201), and to regulate materials that
are suitable to denature distilled spirits (26 U.S.C. 5241 and 5242).
Section 5242 states that denaturing materials shall be such as to
render the spirits with which they are admixed unfit for beverage or
internal medicinal use and that the character and quantity of
denaturing materials used shall be as prescribed by the Secretary by
regulations. Furthermore, section 5273(a) of the IRC requires that any
person using specially denatured spirits (which is defined in the
following section of this document) to manufacture products:
* * * shall file such formulas and statements of process, submit
such samples, and comply with such other requirements, as the
Secretary shall by regulations prescribe, and no person shall use
specially denatured distilled spirits in the manufacture or
production of any article until approval of the article, formula,
and process has been obtained from the Secretary.\1\
---------------------------------------------------------------------------
\1\ Other sections of the IRC relating to denatured spirits set
forth requirements pertaining to the taxation and manufacture of
distilled spirits, the withdrawal of distilled spirits free of tax
or without payment of tax, the importation and exportation of
distilled spirits, the issuance of permits for industrial alcohol
users and dealers, the sale and use of industrial alcohol, and the
recovery of potable alcohol from industrial alcohol (see 26 U.S.C.
5002 through 5008, 5061, 5062, 5101, 5111, 5112, 5131, 5132, 5181,
5204, 5214, 5232, 5235, 5271, 5273, and 5313).
---------------------------------------------------------------------------
Regulation of Denatured Spirits
The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers
chapter 51 of the IRC pursuant to section 1111(d) of the Homeland
Security Act of 2002, codified at 6 U.S.C. 531(d). The Secretary has
delegated various authorities through Treasury Department Order 120-01
(dated December 10, 2013, superseding Treasury Order 120-01 (Revised),
``Alcohol and Tobacco Tax and Trade Bureau,'' dated January 24, 2003),
to the TTB Administrator to perform the functions and duties in the
administration and enforcement of this law.
Regulations pertaining specifically to denatured spirits are found
in 27 CFR part 20 (Distribution and use of denatured alcohol and rum)
and part 21 (Formulas for denatured alcohol and rum). Certain
provisions in TTB's regulations in 27 CFR part 19 (Distilled spirits
plants), part 27 (Importation of distilled spirits, wines, and beer),
and part 28 (Exportation of alcohol) also concern denatured spirits.
Denatured spirits are spirits to which denaturants--which are materials
that make alcoholic mixtures unfit for beverage or internal human
medicinal use--have been added in accordance with 27 CFR part 21. TTB
approves denaturants if the denaturants: (1) Make the spirits unfit for
beverage or internal human medicinal use (26 U.S.C. 5242 and 27 CFR
21.11), (2) are adequate to protect the Federal excise tax revenue (27
CFR 21.91), and (3) are suitable for the intended use of the denatured
spirits (26 U.S.C. 5242).\2\
---------------------------------------------------------------------------
\2\ In most cases, spirits used for industrial purposes are
``alcohol,'' which in this context means a type of spirits distilled
at more than 160 degrees of proof and substantially neutral in
character, lacking the taste, aroma, and other characteristics
generally attributed to whisky, brandy, rum, or gin. (27 CFR
19.487(a)(1).)
---------------------------------------------------------------------------
There are two types of denatured spirits: Completely denatured
alcohol (C.D.A.) and specially denatured spirits (referred to as
``S.D.S.'' for purposes of this preamble). C.D.A. jeopardizes the
revenue less than S.D.S. does--first, C.D.A. is more offensive to the
taste than S.D.S. and thus C.D.A. is less likely to be used for
beverage purposes, and second, it is more difficult to separate potable
alcohol from C.D.A. than it is from S.D.S. For these reasons, the
withdrawal and use of C.D.A. are subject to less stringent regulatory
oversight than are the withdrawal and use of S.D.S.
Title 27 CFR 20.41 provides that permits are required to withdraw,
deal in, or use S.D.S. The regulations also require that dealers and
users of S.D.S. maintain specified records and retain invoices (see 27
CFR 20.262 through 20.268). Under Sec. 20.264(b), users of S.D.S. are
required to submit an annual report to TTB, and, under Sec. 20.262(d),
a dealer, as defined in 27 CFR 20.11, when requested by TTB, must
submit a required accounting of each formulation of new and recovered
S.D.S. In contrast, under 27 CFR 20.141, no permits are required to use
or distribute C.D.A. (with the exception of recovery for reuse). A
person that receives, packages, stores, disposes of, or uses C.D.A. is
required to maintain records only when specifically requested by TTB
(see 27 CFR 20.261). The regulations do not provide any reporting
requirements for persons that use or deal in C.D.A.
The regulations prescribe formulas for C.D.A. and for S.D.S. C.D.A.
generally may be sold and used for any purpose (Sec. 20.141), with the
exception that C.D.A. denatured in accordance with Formula No. 20 is
restricted to fuel use (27 CFR 21.24). In contrast, S.D.S., which is
generally used as a raw material or ingredient in the manufacture of
other products (termed ``articles''), may not be used for any purpose
not specifically authorized in the regulations. The authorized purposes
are categorized within ``use codes,'' which are published in the
regulations in 27 CFR part 21.
Manufacture of Articles With Denatured Spirits
Both C.D.A. and S.D.S. may be used to manufacture articles, which
are defined in section 5002(a)(14) of the IRC (26 U.S.C. 5002(a)(14))
as ``any substance in the manufacture of which denatured distilled
spirits are used.'' The manufacture of articles with C.D.A. is
generally unregulated. By contrast, the manufacture of articles with
S.D.S. is strictly regulated under 27 CFR part 20, in accordance with
sections 5271 through 5275 of the IRC (26 U.S.C. 5271-5275). A
significant aspect of this regulation is the requirement for prior TTB
approval of all articles made with S.D.S. Such approval is mandated by
law in section 5273(a) of the IRC (26 U.S.C. 5273(a)), which states,
``* * * no person shall use specially denatured
[[Page 59447]]
distilled spirits in the manufacture or production of any article until
approval of the article, formula, and process has been obtained from
the Secretary.''
TTB approval of articles takes two forms. First, TTB approves
specific, proprietary formulas and processes for articles, submitted by
manufacturers on TTB Form 5150.19, Formula and/or Process for Article
Made with Specially Denatured Spirits. (TTB encourages industry members
to submit this form electronically using Formulas Online, which is
available at www.ttb.gov.) Second, ``general-use formulas,'' which TTB
generally approves by publishing them in the regulations in 27 CFR part
20, are approved formulas for articles. General-use formulas may be
used by any manufacturer that has a TTB permit to use S.D.S. in the
manufacture of articles. Each general-use formula authorizes the
production of only a specific type of article. Under Sec. 20.111,
manufacturers of articles produced pursuant to general-use formulas are
not required to obtain specific formula approval from TTB on TTB Form
5150.19. Thus, the regulatory burden is lighter on manufacturers
producing articles pursuant to general-use formulas than on
manufacturers producing articles pursuant to other formulas that
prescribe S.D.S. (In fiscal year 2015, TTB received 1,163 formula
applications on TTB Form 5150.19.)
Terminology
TTB is providing the following definitions to assist in
comprehension of this final rule:
An article is any substance or preparation manufactured
using denatured spirits.
Completely Denatured Alcohol (C.D.A.) is alcohol that has
been denatured under a formula specified in subpart C of 27 CFR part
21. Only a registered distilled spirits plant may produce C.D.A. TTB
and industry generally refer to formulations of C.D.A. by the formula
number. For example, a formulation produced in accordance with C.D.A.
Formula No. 20 is simply referred to as ``C.D.A. 20.'' To reflect the
common parlance, this same shorthand is used throughout this document.
A formula is an instruction for manufacturing a product,
and is analogous to a recipe that a cook follows. This document refers
to two broad types of formulas: denatured alcohol formulas and article
formulas. Denatured alcohol formulas specify the instructions for
producing either S.D.S (as specified in 27 CFR part 21 subpart D) or
C.D.A. (as specified in 27 CFR part 21 subpart C). Article formulas
include both formulas approved individually by TTB on TTB Form 5150.19
and general-use formulas (as specified in 27 CFR 20.112 through
20.119).
A formulation is a physical product manufactured in
accordance with a formula, and is analogous to a cooked meal that has
been prepared using a recipe. The word ``formulation'' can refer to
S.D.S., C.D.A., or an article.
A general-use formula is a formula for making a certain
type of article that is prescribed by 27 CFR 20.112 through 20.119,
approved by TTB as an alternate method, or published as a TTB ruling.
Specific formula approval by TTB on Form 5150.19 is not required for an
article made pursuant to a general-use formula.
Specially Denatured Alcohol (S.D.A) is alcohol that has
been denatured following a formula specified in subpart D of 27 CFR
part 21. A formulation of S.D.A. may be used only for the uses
specified for the corresponding formula in 27 CFR part 21.
Specially Denatured Rum (S.D.R.) is a rum that has been
denatured following the formula specified in subpart D of 27 CFR part
21. S.D.R. may be used only for the uses specified for that formula in
27 CFR part 21.
Specially Denatured Spirits (S.D.S.) are specially
denatured alcohol (S.D.A.) and/or specially denatured rum (S.D.R.).
Only a registered distilled spirits plant may produce S.D.S. TTB and
industry generally refer to formulations of S.D.S. by the formula
number. For example, a formulation produced in accordance with S.D.A.
Formula No. 40-B is simply referred to as ``S.D.A. 40-B.'' To reflect
the common parlance, this same shorthand is used throughout this
document.
Notice of Proposed Rulemaking
On June 27, 2013, TTB published Notice No. 136 in the Federal
Register (78 FR 38628) to propose several changes to the regulations to
ease burdens on industry members and on TTB, as well as other
improvements and clarifications. While a more detailed description of
those proposals can be found in Notice No. 136, TTB provides a general
summary below:
Removal of Certain S.D.A. Formulas
In Notice No. 136, TTB proposed to remove, from part 21, 16 S.D.A.
formulas that do not appear to be in use--specifically, S.D.A. Formula
Nos. 2-C, 3-B, 6-B, 17, 20, 22, 23-F, 27, 27-A, 27-B, 33, 38-C, 39, 39-
A, 42, and 46. In addition to proposing to remove those 16 formulas,
TTB also proposed to remove references to those formulas from part 21,
as well as references to, and any specifications for, denaturants that
are prescribed by those 16 formulas and are not mentioned in other
formulas.
Reclassification of Certain S.D.A. Formulas as C.D.A. Formulas
TTB identified two S.D.A. formulas that TTB could reclassify as
C.D.A. formulas, because it would be very difficult to separate the
denaturant from the alcohol in the resulting formulation. TTB proposed
to reclassify S.D.A. Formula Nos. 12-A and 35 as C.D.A. formulas by
removing 27 CFR 21.40 and 21.61 and by adding new 27 CFR 21.21a and
21.25 respectively. TTB also proposed to remove other references to
these two S.D.A. formulas from part 21.
General-Use Formula for Articles Made With Certain S.D.A. Formulations
TTB also determined that it would be appropriate to issue a new,
multi-purpose general-use formula for any appropriate articles made
with one or more of 15 S.D.A. formulations that TTB identified as being
appropriate for the general-use formula. Such a general-use formula
would alleviate paperwork burdens for both industry members and TTB,
because the manufacturer of an article produced in accordance with a
general-use formula is not required to obtain specific formula approval
from TTB on Form 5150.19. Furthermore, because it would be difficult to
separate the alcohol from the articles produced using one or more of
those 15 S.D.A. formulations, the revenue would not be jeopardized.
Accordingly, TTB proposed to specify S.D.A. Formula Nos. 1, 3-A, 13-A,
19, 23-A, 23-H, 30, 32, 35-A, 36, 37, 38-D, 40, 40-A, and 40-B in a
multi-purpose general-use formula in new 27 CFR 20.120.
General-Use Formulas, With Conditions, for Certain Articles Made With
S.D.A. Formulas
TTB also identified three S.D.A. formulations that may be used as
ingredients, subject to certain conditions, in certain general-use
formulas. Accordingly, TTB proposed:
To allow the use of S.D.A. 18 in a vinegar general-use
formula in new 27 CFR 20.121 (which would have as a condition that the
ethyl alcohol either loses its identity in the vinegar-making process
or only residual ethyl alcohol within the limit specified in 27 CFR
20.104 remains);
To allow the use of S.D.A. 39-C in a new general-use
formula in 27 CFR 20.122 (which would have as a condition that each
gallon of finished product contain not less than 2 fluid ounces of
perfume material); and
[[Page 59448]]
To provide for the use of S.D.A. 40-C in a pressurized
container general-use formula in new 27 CFR 20.123 (which would have as
a condition that the formula only be used in the manufacture of
products that will be packaged in pressurized containers in which the
liquid contents are in intimate contact with the propellant and from
which the contents are not easily removable in liquid form).
Only the uses that are currently approved for the corresponding
S.D.A. formula in part 21 would be allowed under each of these three
new general-use formulas.
TTB also proposed to remove 27 CFR 20.103 from the regulations.
Section 20.103 requires that articles made with S.D.A. 39-C contain at
least two fluid ounces of perfume material in each gallon of finished
product. Because this condition will appear in the general-use formula
specified in the new Sec. 20.122, and because the new general-use
formula covers all articles made with S.D.A. 39-C, the condition is no
longer needed in Sec. 20.103.
Additional Changes to Formulas
In addition to the changes discussed above, TTB proposed to:
Create a general-use formula for duplicating fluids and
ink solvents specifying S.D.A. 1, 3-A, and 3-C in new 27 CFR 20.124;
and
Amend the proprietary solvents general-use formula (27 CFR
20.113) to also allow the use of S.D.A. 3-C in making proprietary
solvents.
TTB also proposed to remove benzene--which the U.S. Environmental
Protection Agency (EPA) has designated in its regulations as a
hazardous air pollutant under the Clean Air Act (40 CFR 61.01(a))--as a
denaturant prescribed in S.D.A. Formula No. 2-B (27 CFR 21.33), and to
exclude benzene from the denaturants prescribed by the new C.D.A.
Formula No. 12-A in proposed Sec. 21.21a. While TTB also proposed to
remove benzene from the list of authorized denaturants in 27 CFR
21.151, TTB did not propose to remove the specifications for benzene
contained in 27 CFR 21.97. TTB will remove Sec. 21.97 in this rule
because the benzene specifications are no longer needed.
Other Substantive Changes
In addition to the changes to the S.D.S. and C.D.A formulas,
denaturant specifications, and general-use formulas, TTB also proposed
the following changes to the regulations to provide greater flexibility
to industry members:
To clarify the regulations relating to the destruction of
S.D.S. or recovered alcohol, TTB proposed to amend 27 CFR 20.222 to
state that destruction of recovered material that is not sufficiently
denatured to meet the formula specifications of an article must be done
by the original manufacturer, a distilled spirits plant, or a facility
that possesses an S.D.S. dealer's permit.
TTB proposed to amend 27 CFR 20.63 to allow any permittee
to adopt, for use at any of its plants, any formula previously approved
for use at another of its plants, or any formula previously approved
for its parent or wholly-owned subsidiary.
TTB proposed to amend Sec. 20.102 to except bay rum,
alcoholado, and alcoholado-type toilet waters produced under an
approved formula and endorsed ``For Export Only'' from the requirement
that they be produced from the materials specified in that section.
To make the regulations on reagent alcohol less
restrictive, TTB proposed to amend 27 CFR 20.117 to allow permittees
who have a legitimate use for reagent alcohol in manufacturing to
receive it for that purpose, but only from distilled spirits plants and
S.D.S. user or dealer permittees. TTB also proposed to amend Sec.
20.117(a) to provide for treatment of reagent alcohol as S.D.A. when
distributed for use in manufacturing.
TTB proposed to amend 27 CFR 20.134 to allow containers of
articles to either (1) bear a label or (2) have the required
information etched or printed directly on the containers, since the
technology now exists to etch or print information directly on
containers.
TTB proposed to amend the regulations by adding a new 27
CFR 20.183 which would allow for the exportation of most S.D.S.
formulations by dealers provided that the S.D.S. conforms to a formula
specified in part 21 of the TTB regulations, that the exportation is to
a country, the laws of which allow the importation of such spirits, and
that the dealer notifies TTB of the exportation.
TTB proposed to add new Sec. 20.193 (27 CFR 20.193) to
allow for the export of articles that would not be approved for
domestic distribution. Previously, TTB and its predecessor agency, the
Bureau of Alcohol, Tobacco, and Firearms (ATF), provided for such
exports on individual bases as alternate methods or procedures.
Clarifying and Technical Changes
In Notice No. 136, TTB proposed several technical changes, as well
as changes to clarify the regulations, and TTB is finalizing those
changes in this rulemaking.
Comments Received and TTB Responses
TTB received a total of four comment submissions in response to
Notice No. 136, from Archer Daniels Midland Company (ADM) (Comment 1),
an individual who works in industry (Comment 2), Videojet Technologies,
Inc. (``Videojet'') (Comments 3a through 3d), and the Renewable Fuels
Association (RFA) (Comment 4). All comments appear on
``Regulations.gov,'' the Federal Rulemaking portal, at https://www.regulations.gov, in Docket No. TTB-2013-0005.
Comment 1
ADM's comment submission (Comment 1) included nine specific
comments. One of those comments expressed support for the clarification
regarding the importation of denatured spirits and fuel alcohol in
Sec. 27.222. ADM's eight other comments, and TTB's responses, are as
follows:
ADM comment: ADM stated that the current general-use
formulas (Sec. Sec. 20.112 through 20.118) ``are prescriptive in that
they detail what denaturants and amounts must be added to the
applicable S.D.A.,'' but the general-use formula proposed in Sec.
20.120 is ``less prescriptive in that it only states that an additional
denaturant must be added.'' ADM noted their concern that the proposed
formula could be misinterpreted, which would result in inadvertent
noncompliance.
TTB response: General-use formulas do not specify denaturants that
must be used in producing an article. Rather, they specify which type
of S.D.A. must be used to produce the article. It is the S.D.A. that
contains the denaturants, per the S.D.A. formula provided in 27 CFR
part 21. Some of the general-use formulas also specify additional
ingredients that must be used, but not all of the existing general use-
formulas specify exact quantities of additional ingredients. For
example, the existing tobacco flavor general-use formula (Sec. 20.114)
only requires the use of S.D.A. Formula No. 4 or S.D.R. Formula No. 4
and ``sufficient flavors,'' and the existing ink general-use formula in
Sec. 20.115 only requires the use of one of several specified S.D.A.
formulations and ``sufficient pigments, dyes, or dyestuffs.'' The
permissiveness of the general-use formula proposed in the new Sec.
20.120 is consistent with TTB's longstanding approach. This approach
provides manufacturers with a degree of flexibility in producing
articles--which minimizes the paperwork burden
[[Page 59449]]
imposed on both manufacturers and TTB--while still protecting the
revenue. Therefore, TTB will finalize the general-use formula in Sec.
20.120 as proposed.
ADM comment: ADM noted that the names of existing general-
use formulas describe the type of article that is produced in
accordance with the general-use formula. ADM recommended that TTB
assign a similar type of name to the general-use formula proposed in
new Sec. 20.120.
TTB response: Many kinds of articles may be produced in accordance
with the general-use formula proposed in new Sec. 20.120, making it
impractical to assign a name to the general-use formula based on the
resulting articles. However, TTB has reconsidered calling the general-
use formula the ``General-use formula for articles made with S.D.A. 1,
3-A, 13-A, 19, 23-A, 23-H, 30, 32, 35-A, 36, 37, 38-D, 40, 40-A, or 40-
B,'' and instead has determined that ``Multi-purpose general-use
formula'' is less cumbersome. Accordingly, TTB has changed the name of
that general-use formula to ``Multi-purpose general-use formula'' in
this document.
ADM comment: ADM believes that the lists of ``Authorized
Uses'' for the various S.D.A. formulas 27 CFR part 21--which are listed
in Sec. 21.141 and in section (b) of each section of part 21 subpart
D--are overly lengthy, overly specific, and in some cases redundant or
repetitive. ADM asked that TTB limit the ``Authorized Uses'' lists to
more general usage categories such as ``ingredient in personal care
product'' or ``process aid in food production.''
TTB response: Though TTB sees the value in revising the lists of
``Authorized Uses,'' such a revision is outside the scope of the
regulatory changes published in the Notice No. 136. TTB will consider
such revisions for a future rulemaking.
ADM comment: ADM echoed one of the comments made in
response to Notice No. 83, a comment that TTB discussed in Notice No.
136. Specifically, the comments relate to TTB's specification of exact
amounts of denaturants in C.D.A. and S.D.A. formulas. ADM noted that
``it is not practical to expect and impossible to ensure that the exact
amounts of denaturants have been added,'' and asked TTB to ``provide
clarification in the regulations regarding acceptable variability in
denaturant addition'' by using ``action levels'' in enforcement or
applying standard rounding rules.
TTB response: TTB applies a plus or minus five percent tolerance
when analyzing samples of S.D.A., C.D.A., and articles to determine
compliance with the formula. TTB also employs standard rounding rules
when reviewing results of analyses, where a number is rounded up if the
first digit after the last significant digit is ``5'' or more, and a
number is rounded down if the first digit after the last significant
digit is ``4'' or less. For example, if TTB were examining an article
made pursuant to a formula specifying a mixture of 90 percent by volume
S.D.A. 3-C and 10 percent by volume n-propyl acetate, taking into
consideration the plus or minus five percent tolerance, the acceptable
range of S.D.A. 3-C in the article would be 85.5-94.5 percent by
volume. If laboratory analysis of the article showed that the article
contains 85.45 percent S.D.A. 3-C, TTB would round that result to 85.5
percent, which would be in compliance with the formula. If laboratory
analysis showed that the article contains 85.44 percent S.D.A. 3-C, TTB
would round that result to 85.4 percent, which would be out of
compliance with the formula.
Accordingly, TTB is adding a new paragraph (d) to both 27 CFR 21.21
and 21.31 to state the analytical tolerance and the use of standard
rounding rules. TTB also applies the plus or minus five percent
tolerance and standard rounding rules when analyzing samples of
articles that were made pursuant to a formula that specified an exact
amount of an ingredient, including denatured spirits. Accordingly, TTB
is revising 27 CFR 20.132 to state the analytical tolerance and the use
of standard rounding rules. TTB believes that the plus or minus five
percent tolerance and the application of standard rounding rules
provide for a reasonable degree of variation.
ADM comment: ADM asked TTB to consider modifying labeling
requirements as described in 27 CFR 20.134, concerning the labeling of
articles, and 20.146, concerning labels on bulk containers of C.D.A.,
because ``it is not general practice to label transport containers with
product name, manufacturer name, etc.,'' and ``in the case of rail and
truck tankers, containers are placarded per [Department of
Transportation (DOT)] regulations and product information is listed on
shipping paperwork. Any identification beyond that stipulated by the
DOT for first responders could easily decrease the security of the
product in transit.''
TTB response: As ADM stated, TTB did not specifically address this
labeling issue in Notice No. 136. Therefore, TTB cannot make
substantive changes to those sections in this document, as they are
outside the scope of this rulemaking. However, as ADM noted, Sec. Sec.
20.134 and 20.146 do not specifically address large transport
containers such as truck tankers, railcars, or barges. TTB notes that
in 27 CFR 19.495, for bulk conveyances of spirits or denatured
spirits--which would include containers such as truck tankers,
railcars, and barges--TTB allows a label containing the information
required by TTB to be securely attached to the route board or another
equivalent device. TTB would not object to bulk conveyances of articles
or C.D.A. having a label in a manner consistent with Sec. 19.495.
ADM comment: ADM opposed the addition to the regulations
of specifications for five new denaturants (high octane denaturant
blend, at Sec. 21.112c; naphtha, at Sec. 21.118b; natural gasoline,
at Sec. 21.118c; raffinate, at Sec. 21.124a; and straight run
gasoline, at Sec. 21.130a) for use in fuel ethanol. ADM asserted that,
because of the specific nature of some of the analytical requirements
listed with those denaturants, it is not clear that they are
commercially available. ADM stated that denaturants listed in the
regulations should be available to all industry members. In addition,
ADM requested that if TTB finds it necessary to list denaturant
specifications, TTB publish them someplace other than in the
regulations, asserting that it is easier to change another type of
publication than it is the regulations.
TTB response: Industry members may, under 27 CFR 21.91, request
that TTB authorize substitute denaturants. To approve a material as a
denaturant for a denatured alcohol formula, TTB must determine that (1)
the proposed material, when added to spirits (ethanol), makes the
ethanol ``unfit for beverage or internal human medicinal use;'' (2) the
use of the proposed material as a substitute denaturant will be
adequate to protect the Federal excise tax revenue; and (3) the
proposed material is suitable for the intended use. If the material
meets these criteria, TTB will authorize the use of the material as a
denaturant in making specified C.D.A. or S.D.S. formulations so that
the requestor and any other interested industry members may use the
material as a denaturant. In order to provide more flexibility to
industry, TTB believes that it is appropriate to authorize use of
denaturants that meet the criteria. We do not specify as a criterion
that the denaturant must be widely available in the commercial market.
However, if an industry member believes that TTB should deauthorize
a particular denaturant, we will consider, based on the criteria stated
above, a petition submitted by any interested person stating the
reasons it believes authorization is not appropriate.
[[Page 59450]]
Furthermore, the specification of a denaturant in the regulations does
not foreclose any interested person from applying for an alternate
method or procedure or any denaturer from requesting authorization to
use other denaturants.
Regarding ADM's comment about publishing the requirements someplace
other than in the TTB regulations, we recognize that rulemaking can
sometimes be a lengthy process. However, TTB's current practice
provides the public with a chance for notice and comment on the
proposed requirements. After such notice and comment is given, the
appropriate vehicle for codification is publication in the Code of
Federal Regulations.
ADM comment: ADM requested that TTB (1) recognize
consensus specifications and test methods, such as those maintained by
ASTM International (``ASTM''), whenever possible, for the denaturants
listed in part 21, and (2) encourage and participate in a stakeholder
effort to develop such standards if a consensus standard does not exist
for a commercially available denaturant. During the comment period, two
commenters, ADM and Videojet, noted that a particular consensus
standard appearing in the regulations is obsolete. Thus, they
recommended that, if TTB cites a consensus standard, the specific
version of the consensus standard not be included in the citation,
because standards are issued, updated, and withdrawn on a continual
basis. ADM provided as an example the denaturant specifications for
unleaded gasoline, as set out in 27 CFR 21.110, which cite ASTM
Standard D439-79, but which has been withdrawn by ASTM. ADM asserted
that TTB should update this reference.
TTB response: TTB uses consensus standards when appropriate and
practicable for the Bureau's purpose. When incorporating in regulations
a consensus standard by reference, a Federal agency must specifically
identify the incorporated materials and is prohibited from
incorporating material dynamically. As specified in 1 CFR 51.1(f),
``[i]ncorporation by reference of a publication is limited to the
edition of the publication that is approved.''
TTB agrees that Sec. 21.110 should be amended. Moreover, TTB is
undertaking a comprehensive review of all the standards incorporated by
reference in part 21 to ensure that TTB regulations cite to the current
version of the referenced materials. TTB has determined that it is
appropriate to make revisions to 27 CFR 21.6, Incorporations by
reference, and other sections in part 21 that include incorporations by
reference, not only to update the consensus standard references but
also to ensure compliance with the Office of the Federal Register's
rules in 1 CFR part 5, which were recently revised. See 79 FR 66267,
November 7, 2014. Accordingly, TTB will engage in a separate rulemaking
to update Sec. 21.6 and the standards incorporated by reference into
part 21, including the ASTM standard for unleaded gasoline set forth in
27 CFR 21.110.
ADM comment: Finally, ADM stated its support for TTB's
consideration of harmonization of the regulations governing C.D.A.
Formula No. 20 and the regulations governing fuel ethanol.
TTB response: TTB will continue to consider such harmonization for
a future rulemaking with some other proposed changes to the regulations
governing alcohol fuel plants, which are found in 27 CFR part 19,
subpart X.
Comment 2
Loren Lowy, an individual who works in industry, expressed support
for TTB's designation of S.D.A. Formula No. 3-A as an S.D.A.
formulation that is appropriate for the new general-use formula in new
Sec. 20.120, because it will ease the regulatory burden on industry by
removing the requirement for article formula approval on TTB Form
5150.19 for articles made with formulations of S.D.A. 3-A. He also
expressed support for TTB's revision to Sec. 20.63 to expand the
adoption of formulas by parent or subsidiary corporations.
Lowy also noted a conflict between the proposed new general-use
formula in new Sec. 20.120 and the treatment of reagent alcohol in the
proposed revision to Sec. 20.117. Specifically, Lowy explained that
there is a contradiction because, under the proposed Sec. 20.120, an
article formula is not required for any article made with formulations
of S.D.A. 3-A. However, under the proposed Sec. 20.117, reagent
alcohol--which is made with 95 parts (by volume) of S.D.A. 3-A, and 5
parts (by volume) of isopropyl alcohol--is to be treated as S.D.A.
unless distributed and used in accordance with that section.
Lowy also posed the following questions regarding the treatment as
S.D.A. of reagent alcohol that is not distributed and used in
accordance with the proposed revised Sec. 20.117:
Whether reagent alcohol in manufacturing would be included
in the annual S.D.A. usage report;
If so, whether it would be a separate entry from the
S.D.A.;
Whether the report form would change to reflect any
necessary separate entries; and
Whether the total volume of reagent alcohol should be
reported or just the S.D.A. 3-A portion of the reagent alcohol.
TTB response: The new multi-purpose general-use formula specified
in Sec. 20.120 requires that any article made pursuant to that
general-use formula contain sufficient additional ingredients to
definitely change the composition and character of the S.D.A. used to
make the article in question, and to ensure that the finished article
is unfit for beverage or other internal human use and cannot be
reclaimed or diverted to beverage use. Reagent alcohol does not contain
such sufficient additional ingredients, and so the multi-purpose
general-use formula is not applicable. Therefore, TTB is adding
paragraph (d) to Sec. 20.120 to provide that the multi-purpose
general-use formula may not be used for the production of any articles
that conform to another general-use formula in part 20, subpart F. This
clarification will prevent any other article that is subject to
restrictions in another general-use formula from being manufactured or
distributed under the multi-purpose general-use formula without being
subject to the restrictions of the other general-use formula.
In response to the commenter's additional questions, TTB notes that
reagent alcohol used in manufacturing should be included in the annual
S.D.A. usage report. Because reagent alcohol used in manufacturing is
to be treated as S.D.A., it would not be a separate entry from S.D.A.
Thus, the report will not be changed. Again, because reagent alcohol
used in manufacturing is to be treated as S.D.A., the total volume of
reagent alcohol should be reported in the annual S.D.A. usage report.
Comment 3a
Videojet disagreed with the new definition of ``Fit for beverage
use, or fit for beverage purposes'' in Sec. 20.11, in that it states
that the determination of fitness or unfitness for beverage use would
be ``based solely on the composition of the product and without regard
to extraneous factors such as price, labeling, or advertising.''
Accordingly, Videojet requested that TTB remove that portion of the
definition. Videojet asserted that labeling is definitive because it
communicates the intended use of each formulation, that consumer use is
prohibited, and, in some cases, it indicates whether a product is
poisonous or hazardous to health.
[[Page 59451]]
TTB response: With limited exceptions, spirits that are fit for
beverage use are subject to Federal excise tax. Reliance on product
labeling, rather than product composition, in determining unfitness for
beverage use could create a significant jeopardy to the revenue. It
would be possible to evade payment of excise taxes due on distilled
spirits by labeling the spirits as not intended for beverage use, and
then diverting them to beverage use. Accordingly, to protect the
revenue, TTB will finalize the definition of ``Fit for beverage use, or
fit for beverage purposes'' as proposed in Notice No. 136, which states
that the determination of fitness or unfitness will be ``based solely
on the composition of the product and without regard to extraneous
factors such as price, labeling, or advertising.''
Comment 3b
Videojet's next comment related to TTB's clarification of Sec.
20.95, concerning developmental samples of articles. Videojet first
noted an inconsistency in the proposed text, where it limits the number
of samples to one per customer, but requires that a record of the
number of samples sent to each customer be kept. Videojet explained
that a product test may require more than one container of an article
(like a printer cartridge filled with ink), which would exceed the
limitation in Sec. 20.95 that only one sample of each formulation may
be sent to each customer. Videojet also explained that customers often
prefer a two-stage approval process for testing a product, which would
exceed the limitation in Sec. 20.95 that samples be sent on a one-time
basis.
TTB response: TTB will retain the limitation of one sample per
customer and authorize that samples may only be sent on a one-time
basis, to ensure protection of the revenue. Allowing manufacturers to
send an unlimited number of samples to customers multiple times would
effectively allow manufacturers to distribute articles for which there
is no formula approval. Since many articles will be able to be produced
under a general-use formula and would not require formula approval on
TTB Form 5150.19, this limitation will not affect many articles. In
addition, where articles cannot be produced in accordance with a
general-use formula, manufacturers may send unlimited numbers of
samples if they first obtain formula approval on TTB Form 5150.19.
However, TTB is removing from Sec. 20.95 the requirement that a record
of the number of samples sent to each customer be kept, since that
number will not exceed one.
Comment 3c
Videojet had several detailed comments about TTB's proposed
revisions to Sec. 20.115 and proposed new Sec. Sec. 20.124 and
20.120, as follows:
Videojet comment: Videojet noted an apparent typographical
error in the proposed revision to Sec. 20.115, which in Notice No. 136
was proposed to say that the ``ink general-use formula authorizes the
production of any finished article made with alcohol denatured in
accordance with S.D.A. Formula No. 1, 3-A, 3-C, 13-A, 23-A, 30, or 32,
or which . . . [c]ontains pigments, dyes, or dyestuffs sufficient to
ensure that the article is unfit for beverage use . . . .''
TTB response: The second use of the word ``or'' in the proposed
regulation was a typographical error, which TTB is correcting in this
final rule.
Videojet comment: Videojet asked that the TTB expand the
list of S.D.A. formulations that are specified in the ink general-use
formula in section 20.115, to include S.D.A. Formula Nos. 35-A, 40-B,
and 45. Videojet also asked that TTB add the use code for inks (use
code 052) to Sec. Sec. 21.62(b)(1), 21.76(b)(1), and 21.80(b)(1), and
add references to S.D.A. Formula Nos. 35-A, 40-B, and 45 to the table
in Sec. 21.141.
TTB response: TTB has determined that formulations of S.D.A.
Formula Nos. 35-A and 40-B would be appropriate in the ink general-use
formula in Sec. 20.115, and would not create a threat to the revenue
as part of the general-use formula. Because industry members are using
formulations of S.D.A. Formula Nos. 35-A and 40-B to manufacture inks,
TTB will add references to those formulas to the list of S.D.A.
formulations specified in the ink general-use formula in Sec. 20.115.
However, TTB has determined that it will not add S.D.A. Formula No. 45
to the general-use formula because that formula--which specifies the
addition of 300 pounds of refined whole or orange shellac to every 100
gallons of alcohol--is not, to TTB's knowledge, typically used in
manufacturing inks, and is currently only authorized for use in
manufacturing candy glazes. S.D.A. users may continue to seek approval
from TTB to manufacture ink using formulations of S.D.A. Formula No. 45
by filing TTB Form 5150.19.
Videojet comment: As proposed in Notice No. 136, inks
manufactured in accordance with the general-use formula specified in
Sec. 20.115 would be required to contain ``pigments, dyes, or
dyestuffs sufficient to ensure that the article is unfit for beverage
use.'' Videojet noted that although one or more of those ingredients
are present in ink, there are other ingredients that may be present
that may serve to further render the ink unfit for beverage use.
Accordingly, Videojet asked TTB to require that inks manufactured in
accordance with the general-use formula contain ``pigments, dyes, or
dyestuffs, solvents, or other ingredients sufficient to ensure that the
article is unfit for beverage use.''
TTB response: TTB agrees that other ingredients used in
manufacturing ink may render the ink unfit for beverage use. However,
Videojet's proposed modification to Sec. 20.115 would allow for an ink
to contain no pigments, dyes, or dyestuffs. Accordingly, TTB will
modify Sec. 20.115 to require that inks manufactured in accordance
with the general-use formula contain ``pigments, dyes, or dyestuffs,
which, alone or in combination with solvents or other ingredients, are
sufficient to ensure that the article is unfit for beverage use.''
Videojet comment: Videojet supported the addition of the
duplicating fluid and ink solvent general-use formula in Sec. 20.124,
but asked TTB to harmonize the ink general-use formula with the
duplicating fluid and ink solvent general-use formula because in some
cases ink and ink solvent must be combined in a printer. Specifically,
Videojet asked TTB to add S.D.A. 13-A, 23-A, 30, 32, 35-A, 40-B, and 45
to the list of S.D.A. formulations authorized by the duplicating fluid
and ink solvent general-use formula.
TTB response: To reduce the compliance burden on S.D.A. users that
manufacture duplicating fluids and ink solvents, TTB will add S.D.A.
13-A, 23-A, 30, 32, 35-A, and 40-B to the list of S.D.A. formulations
authorized by the duplicating fluid and ink solvent general-use
formula. TTB will also add use code 485 (miscellaneous solutions) to
Sec. Sec. 21.41, 21.59, 21.62, and 21.76 to authorize formulations of
S.D.A. Formula Nos. 13-A, 32, 35-A, and 40-B in the manufacture of
miscellaneous solutions, and will add S.D.A.13-A, 32, 35-A, and 40-B to
the entry for use code 485 in the chart in Sec. 21.141. S.D.A. Formula
Nos. 23-A and 30 are already authorized for use in miscellaneous
solutions (use code 485). However, TTB has determined not to add S.D.A.
Formula No. 45 to the general-use formula because that formula is not,
to TTB's knowledge, typically used in manufacturing duplicating fluids
or ink solvents, and is currently only authorized for use in
manufacturing candy glazes. S.D.A. users may continue to seek approval
from TTB to manufacture ink using formulations of S.D.A. Formula No. 45
by filing TTB Form 5150.19.
[[Page 59452]]
Videojet comment: Videojet stated that, while the proposed
duplicating fluid and ink solvent general-use formula stipulates
specific further denaturants (n-propyl acetate, isopropyl alcohol, or
methyl alcohol), ``it is generally not feasible to add [those] specific
solvents to the ink solvent formulation due to the intrinsic connection
between the ink formula and the ink solvent formula.'' Accordingly,
Videojet asked that TTB instead allow for the use of ``pigments, dyes,
dyestuffs, solvents or other ingredients sufficient to ensure that the
article is unfit for beverage use'' as an alternative to n-propyl
acetate, isopropyl alcohol, or methyl alcohol.
TTB response: TTB often receives requests for formula approval that
specify the use of n-propyl acetate, isopropyl alcohol, or methyl
alcohol in duplicating fluids or ink solvents. Therefore, it is
feasible for at least some industry members to use those ingredients in
duplicating fluids and ink solvents. The duplicating fluid and ink
solvent general-use formula also allows the resulting article to
contain additional ingredients not specified in the general-use
formula, so a manufacturer is not precluded from adding dyes to the
solvent. TTB believes that it is appropriate to maintain the
requirement that duplicating fluids and ink solvents produced in
accordance with the general-use formula contain n-propyl acetate alone
or in combination with isopropyl alcohol or methyl alcohol. S.D.A.
users may still submit requests for formula approval on TTB Form
5150.19 for articles that do not conform to this general-use formula.
Videojet comment: Videojet also asked TTB to add S.D.A.
Formula No. 3-C to the general-use formula in Sec. 20.120 because
doing so would reduce the regulatory burden on industry and on TTB
without threatening the revenue.
TTB response: TTB believes that it would be inappropriate to
include S.D.A. Formula No. 3-C in the general purpose general-use
formula in Sec. 20.120. The current and proposed general-use formulas
that specify S.D.A. 3-C (special industrial solvents, duplicating
fluids and ink solvents, ink, and toilet preparations) also specify
certain other ingredients to ensure that the resulting article is unfit
for beverage use. To ensure adequate protection of the revenue, the
Bureau believes it is appropriate to continue reviewing formulas for
other articles made with S.D.A. 3-C.
Videojet comment: Videojet next asked TTB to authorize the
use of formulations of S.D.A. Formula Nos. 13-A, 19, 32, and 35-A in
cleaning solutions.
TTB response: TTB has received no data to support authorizing the
use of formulations of S.D.A. Formula Nos. 13-A, 19, 32, and 35-A in
cleaning solutions. Since 1991, when TTB began its practice of
electronic recordkeeping, no requests have been received for the use of
formulations of S.D.A. Formula Nos. 13-A, 19, 32, and 35-A in cleaning
solutions, which suggests that industry members are not interested in
those formulations for that purpose. However, TTB will consider
authorizing those S.D.A. formulations for use in cleaning solutions in
the future if TTB receives sufficient information to support doing so.
Videojet comment: Videojet also asked that, in Sec.
20.120, TTB remove the requirement that only additional ingredients
other than the denaturants prescribed for the applicable S.D.A.
formulas be added to the article to definitely change the composition
and character of the S.D.A. used to make the article and to ensure that
the finished article is unfit for beverage use.
TTB response: An article that is made by taking an S.D.A.
formulation and adding more of the denaturant that was used to make the
S.D.A. has the same character and very similar composition of the
S.D.A. Additional ingredients used to manufacture an article in
accordance with the multi-purpose general-use formula in Sec. 20.120
must substantially change the nature of the S.D.A. Accordingly, TTB
will maintain the requirement that an article produced in accordance
with the multi-purpose general-use formula contain additional
ingredients beyond the denaturant used in the S.D.A.
Videojet comment: Finally, Videojet noted that if an
article is manufactured under the general-use formula specified in
Sec. 20.120 by combining two S.D.A. formulations and an additional
ingredient, the article must conform to a use code that is authorized
for both S.D.A. formulations. In contrast, an article that is
manufactured by combining one S.D.A. formulation with an intermediate
ingredient that is itself comprised of the second S.D.A. formulation
and the additional ingredient, the article would only have to conform
to a use code that is authorized for the S.D.A. formulation that is not
used in the intermediate ingredient.
TTB response: By law (26 U.S.C. 5242), denaturing materials must be
suitable for the intended use. To help ensure this, TTB will continue
to require that an article made under the multi-purpose general-use
formula with multiple S.D.A. formulations conforms to a use code that
is authorized for all of the S.D.A. formulations used. Manufacturers
using multiple S.D.A. formulations to produce an article may seek
formula approval from TTB on TTB Form 5150.19 if the intended use of
the article is not covered by a use code that is authorized for all of
the S.D.A. formulations being used. In the case of intermediate
articles being used in the manufacture of another article, the
intermediate article must be suitable for that intermediate use.
Comment 3d
Videojet also raised some concerns related to other national and
international standards, as follows:
Videojet comment: Videojet noted that other Federal
agencies, like the Occupational Safety and Health Administration
(OSHA), also maintain rules concerning the communication of hazards.
TTB response: TTB is aware that other Federal agencies maintain
rules concerning the labeling and handling of certain chemicals, or
products that contain certain chemicals. Section 20.136 currently notes
that such rules are implemented by the Consumer Product Safety
Commission (CPSC), Federal Trade Commission (FTC), and Food and Drug
Administration (FDA). The labeling requirements specified in TTB's
regulations for articles that would contain methanol if produced in
accordance with certain general-use formulas (specifically, the special
industrial solvents general-use formula, proprietary solvents general-
use formula, reagent alcohol general use formula in Sec. Sec. 20.112,
20.113, and 20.117, and the proposed duplicating fluid and ink solvent
general-use formula in Sec. 20.124) were derived from CPSC
requirements found in 16 CFR 1500.14(b)(4). TTB believes that industry
will be aided in complying with all applicable labeling regulations if
TTB refers in its regulations to the applicable labeling regulations of
other Federal agencies. TTB believes that the best approach is to refer
to those other applicable Federal labeling requirements in part 20.
Accordingly, TTB is revising Sec. 20.136 to reference the labeling
regulations of other Federal agencies, and is removing the labeling
requirements from Sec. Sec. 20.112, 20.113, 20.117, and 20.124.
Videojet comment: Videojet also noted that the United
Nations (UN) Globally Harmonized System of Classification and Labelling
of Chemicals (GHS) uses the acronym ``SDS'' to refer to ``safety data
sheet.'' Videojet asked TTB to consider whether
[[Page 59453]]
TTB's ``S.D.S.'' acronym for ``specially denatured spirits'' would be
confusing given the prevalence of the acronym ``SDS'' in the UN GHS.
TTB response: Many widely used acronyms abbreviate a term despite
being identical to an acronym that abbreviates a different term.
Readers can usually determine which term an acronym is abbreviating
based on the context in which it is being used. Accordingly, TTB will
continue using the abbreviation ``S.D.S.'' for ``specially denatured
spirits'' in its regulations.
Comment 4
RFA made several points in its comment submission. The comments,
and TTB's responses, are as follows:
RFA comment: RFA expressed support for TTB's effort toward
a future rulemaking that would harmonize the denaturant specifications
for C.D.A. Formula No. 20 and fuel alcohol.
TTB response: As stated above in response to ADM's similar comment,
TTB will continue to consider such harmonization for a future
rulemaking.
RFA comment: RFA, noting the outdated denaturant
specifications for unleaded gasoline, recommended that TTB base
denaturant specifications on consensus standards, like those developed
by ASTM, instead of providing specifications. As mentioned above, RFA
also recommended that TTB maintain its list of denaturants and the
specifications for those denaturants in a place other than the
regulations and update the list as needed, because updating regulations
is a lengthy process.
TTB response: As explained above in response to ADM's similar
comments, under Federal regulations, a Federal agency must identify the
specific version of the consensus standard incorporated by reference
into its particular regulations. TTB will engage in a separate
rulemaking to update references to outdated consensus standards
appearing in part 21.
RFA comment: RFA stated that it is important that denaturant
specifications in the TTB regulations represent a commercially
available material, and that the authorized denaturants ``conform to
very stringent requirements of both state and Federal regulations for
motor fuels and fuel additives.''
TTB response: Regarding commercial availability, as noted above in
response to one of ADM's comments, TTB may authorize denaturants that
conform to certain specifications upon receipt of a petition. If an
industry member believes that TTB should change or deauthorize a
particular denaturant or its specifications, the industry member should
submit to TTB a petition for the change that provides information about
why TTB should make the change. Regarding conformity with State and
Federal regulations for motor fuels and fuel additives, TTB tries to be
consistent with other Federal regulations. As this document explains,
TTB's statutory authority in regulating denatured alcohol pertains to
protecting the Federal excise tax revenue. Accordingly, TTB's
determinations will primarily be based on revenue protection
considerations. Ultimately, industry members remain responsible for
ensuring compliance with State and other Federal regulations.
RFA comment: RFA recommended that TTB remain open to
approving denaturants of non-hydrocarbon origin.
TTB response: TTB will consider authorizing denaturants of non-
hydrocarbon origin. Under the authority of 27 CFR 21.91, the
appropriate TTB officer may, pursuant to written application filed by
the denaturer, authorize the use of substitute denaturants if such
substitution will not jeopardize the revenue. An industry member who
would like TTB to authorize a substitute denaturant should submit a
request to TTB for authorization of the denaturant pursuant to Sec.
21.91.
RFA comment: RFA supported the clarification of
jurisdiction over imported denatured spirits and fuel alcohol. RFA
noted that TTB should provide clarity for the regulatory requirements
in support of unfettered transportation and use of fuel alcohol.
TTB response: TTB is adding new Sec. 27.222 to the regulations to
help clarify the regulations regarding the importation of denatured
spirits. TTB welcomes petitions for additional regulatory changes that
industry members feel are needed.
TTB Finding
After careful review of the comments discussed above, TTB is
finalizing the proposed amendments, with the adjustments explained
above. In addition, TTB is altering some of the section numbers
proposed in Notice No. 136 to conform to Office of Federal Register
policies. Specifically, proposed Sec. Sec. 21.21a, 21.94a, 21.105a,
21.105b, 21.106a, 21.108a, 21.112a, 21.112b, 21.112c, 21.115a, 21.115b,
21.118a, 21.118b, 21.118c, 21.121a, 21.124a, and 21.130a are being
finalized as 27 CFR 21.26, 21.94-T, 21.105-T1, 21.105-T2, 21.106-T,
21.108-T, 21.112-T1, 21.112-T2, 21.112-T3, 21.115-T1, 21.115-T2,
21.118-T1, 21.118-T2, 21.118-T3, 21.122, 21.124-T, and 21.130-T.
Finally, TTB is making a number of technical corrections to existing
regulations, beyond those that were proposed in Notice No. 136. These
technical corrections merely update or clarify the application of those
provisions and do not change the Bureau's interpretation of any
regulation or the requirements of any recordkeeping provision.
One technical correction concerns the use of S.D.S. in
foreign-trade zones. Section 484F of the Customs and Trade Act of 1990,
Public Law 101-382, 104 Stat. 706, 710, enacted on August 20, 1990,
amended 19 U.S.C. 81c(c) by eliminating the requirement that specially
denatured spirits used in a foreign-trade zone come from domestic
sources. Accordingly, TTB is amending 27 CFR 19.427 to conform with
this statutory change.
TTB is updating additional OMB control numbers in 27 CFR
20.22, 20.56, 20.57, 20.60, 20.61, 20.62, 20.68, 20.142, 20.149,
20.163, 20.170, 20.171, 20.172, 20.180, 20.192, 20.202, 20.203, 20.212,
20.216, 20.231, 20.232, 20.234, 20.235, 20.251, 20.252, 20.261, 20.262,
20.263, and 20.265 to reflect the change from ATF to TTB.
TTB is amending 27 CFR 20.11 and 20.20 to clarify that
references to ``TTB Order 1135.20'' are to the most recent version of
that order, which is not necessarily the original version.
Typographical errors are corrected in 27 CFR 20.59, 20.93,
20.100, 20.118, 20.131, 20.163, 21.11, 21.49, 21.64, 21.65, and 21.125.
In 27 CFR 20.92, the reference to the TTB Bulletin is
replaced with a reference to TTB's Web site.
In 27 CFR 20.112 and 20.113, TTB is replacing the
erroneous cross-reference to 27 CFR 21.106 with the correct cross-
reference 27 CFR 21.107 for the location of a definition of 85 percent
ester content.
In 27 CFR 20.118, the reference to ``Bitrex (THS 839),''
which is a registered trade name, has been replaced by the generic term
``denatonium benzoate.''
In 27 CFR 20.191, the last sentence is removed, since TTB
Publication 5150.5 is no longer available.
TTB is amending 27 CFR 21.7 and 21.11 to clarify that
references to ``TTB Order 1135.21'' are to the most recent version of
that order, which is not necessarily the original version.
Finally, TTB is updating the abbreviation for
``milliliters'' in 20.11 and throughout part 21 from ``ml'' to ``mL''
to reflect current usage.
[[Page 59454]]
Regulatory Analyses and Notices
Executive Order 12866
Certain TTB regulations issued under the IRC, including this one,
are exempt from the requirements of Executive Order 12866, as
supplemented and reaffirmed by Executive Order 13563. Therefore, a
regulatory impact assessment is not required.
Regulatory Flexibility Act
Pursuant to the requirements of the Regulatory Flexibility Act (5
U.S.C. chapter 6) TTB certifies that this final rule will not have a
significant economic impact on a substantial number of small entities.
The rule updates the regulations to align them with current industry
practice, clarifies other regulatory provisions, and reduces the
regulatory burden on the alcohol industry as well as TTB, resulting in
an estimated 80 percent reduction in the number of article formulas
submitted to TTB. Thus, the regulatory changes do not create any
additional requirements or burdens on small businesses, and are
expected to decrease the regulatory burden on industry members,
including small entities. Accordingly, a regulatory flexibility
analysis is not required.
Pursuant to section 7805(f) of the Internal Revenue Code, TTB
submitted the notice of proposed rulemaking (Notice No. 136, 78 FR
38628, June 27, 2013) to the Chief Counsel for Advocacy of the Small
Business Administration (SBA) for comment on the impact of these
regulations. The SBA had no comment on the proposed rule.
Finally, as previously mentioned, TTB is making a number of
technical corrections to existing regulations in this rulemaking that
were not proposed in Notice No. 136. TTB has determined, in accordance
with 5 U.S.C. 553(b)(3)(B) that it is unnecessary and contrary to
public interest to follow prior public notice and comment procedures
with respect to the technical corrections, and 5 U.S.C 553(b) does not
apply.
Paperwork Reduction Act
The collections of information in the regulations contained in this
final rule have been previously reviewed and approved by the Office of
Management and Budget (OMB) in accordance with the Paperwork Reduction
Act of 1995 (44 U.S.C. 3504(h)) and assigned control numbers 1513-0011,
1513-0028, 1513-0037, 1513-0061, and 1513-0062. Specific regulatory
sections in this final rule that contain collections of information are
27 CFR 19.607, 20.63, 20.95, 20.111, 20.117, 20.133, 20.134, 20.183,
20.193, 20.222, 20.262, 20.263, and 20.264. An agency may not conduct
or sponsor, and a person is not required to respond to, a collection of
information unless it displays a valid control number assigned by OMB.
Several amendments made in this document reduce information
collection burdens. Specifically, certain amendments alter
circumstances under which article manufacturers must obtain formula
approval using TTB Form 5150.19, Formula and/or Process for Article
Made with Specially Denatured Spirits. Information collections
associated with Form 5150.19 are currently approved under OMB control
number 1513-0011. These amendments reduce required submissions of Form
5150.19, and thus reduce the total burden hours currently estimated for
control number 1513-0011 by an estimated 955 burden hours, and an 80
percent reduction in the number of these forms submitted to TTB.
Four categories of amendments will reduce required submissions of
Form 5150.19:
Addition to part 20 of new sections 27 CFR 20.120 through
20.124, setting forth five new general-use formulas covering articles
made with 19 different S.D.A. formulations;
Amended regulations in part 21 that reclassify S.D.A.
Formula Nos. 12-A and 35 as C.D.A. formulas;
Amended 27 CFR 20.113(a) and 20.115, which permit the use
of additional S.D.A. formulations in the proprietary solvents general-
use formula and ink general-use formula; and
Amended 27 CFR 20.63, which allows a permittee to adopt,
for use at a plant where such use is not specifically approved, one of
the permittee's own article formulas previously approved for use at
another of the permittee's plants, or to adopt a formula previously
approved for a parent or wholly-owned subsidiary.
TTB estimates that, as a result of the amendments, the new annual
burden hours will be as follows:
Estimated total annual reporting and/or record keeping
burden: 239 hours.
Estimated average annual burden hours per respondent: 0.84
hours.
Estimated number of respondents: 285.
Estimated annual frequency of responses: 1 (one).
One amendment involves an alteration to the information collection
currently approved under, OMB control number 1513-0061. The amendment
to 27 CFR 20.63 allows a permittee to adopt, for use at a plant where
such use is not specifically approved, one of the permittee's own
article formulas previously approved for use at another of the
permittee's plants, or to adopt a formula previously approved for a
parent or wholly-owned subsidiary. Previous to this rulemaking,
permittees could adopt formulas under more limited circumstances by
submitting a certificate of adoption to TTB, which is an information
collection currently approved under control number 1513-0061. Although
TTB estimates that the amendment will increase the number of
certificates of adoption submitted to TTB under Sec. 20.63, it also
proportionally decreases the number of submissions of Form 5150.19 that
would have been required absent the amendment. Since the estimated
average annual burden per respondent relating to certificates of
adoption approved under control number 1513-0061 is smaller than the
average annual burden for Form 5150.19 under control number 1513-0011,
the amendment reduces the overall burden on permittees. TTB estimates
that, as a result of this amendment, the new annual burden under
control number 1513-0061 will be as follows:
Estimated total annual reporting and/or record keeping
burden: 1,897 hours.
Estimated average annual burden hours per respondent: 0.5
hours.
Estimated number of respondents: 3,794.
Estimated annual frequency of responses: 1 (one).
Other amendments to regulatory sections that involve collections of
information do not impact the burden hours associated with those
collections. Proposed amendments to 27 CFR 19.607, 20.95, 20.111,
20.117, 20.133, 20.134, 20.193, 20.222, 20.262, 20.263, and 20.264
neither increase nor decrease information collections because the
amendments clarify preexisting regulatory requirements and do not
otherwise impose new requirements increasing information collection
burdens. New 27 CFR 20.183 allows S.D.S. dealers to export S.D.S. and
requires such dealers to complete TTB Form 5100.11. TTB estimated that
the amendment would not increase submissions of Form 5100.11 because,
although the amendment allows an additional category of persons to
export, the amendment is not expected to increase demand for exported
S.D.S. Thus, the exporters may be different, but the number of
exportations is not expected to change. Since TTB is only including an
additional category of persons entitled to export S.D.S., and is not
increasing information collection burdens associated with exporting
S.D.S., the proposed amendment will not impact currently estimated
[[Page 59455]]
information collection burdens. Information collections associated with
the amendments described in this paragraph are currently approved under
OMB control numbers 1513-0028, 1513-0037, and 1513-0062. TTB estimates
the annual burden hours under these control numbers are as follows:
OMB Control Number 1513-0028:
Estimated total annual reporting and/or record keeping
burden: 419 hours.
Estimated average annual burden hours per respondent: 0.76
hour.
Estimated number of respondents: 550.
Estimated annual frequency of responses: 1 (one).
OMB Control Number 1513-0037:
Estimated total annual reporting and/or record keeping
burden: 6,000 hours.
Estimated average annual burden hours per respondent: 20
hours.
Estimated number of respondents: 300.
Estimated annual frequency of responses: 20.
OMB Control Number 1513-0062:
Estimated total annual reporting and/or record keeping
burden: 1 hour.
Estimated number of respondents: 3,430.
Estimated annual frequency of responses: 1 (one).
TTB received no comments about the information collections approved
under OMB control numbers 1513-0011, 1513-0028, 1513-0037, 1513-0061,
and 1513-0062 in response to Notice No. 136.
Drafting Information
Karen E. Welch of the Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, drafted this document.
List of Subjects in 27 CFR
Part 19
Caribbean Basin Initiative, Claims, Electronic funds transfer,
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.
Part 20
Alcohol and alcoholic beverages, Claims, Cosmetics, Excise taxes,
Labeling, Packages and containers, Penalties, Reporting and
recordkeeping requirements, Surety bonds.
Part 21
Alcohol and alcoholic beverages, Incorporation by reference.
Part 27
Alcohol and alcoholic beverages, Beer, Cosmetics, Customs duties
and inspection, Electronic fund transfers, Excise taxes, Imports,
Labeling, Liquors, Packaging and containers, Reporting and
recordkeeping requirements, Wine.
Part 28
Aircraft, Alcohol and alcoholic beverages, Armed forces, Beer,
Claims, Excise taxes, Exports, Foreign trade zones, Labeling, Liquors,
Packaging and containers, Reporting and recordkeeping requirements,
Surety bonds, Vessels, Warehouses, and Wine.
Amendments to the Regulations
For the reasons discussed in the preamble, TTB amends 27 CFR parts
19, 20, 21, 27, and 28 as follows:
PART 19--DISTILLED SPIRITS PLANTS
0
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, 5111-5114,
5121-5124, 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.
0
2. Section 19.412 is added under the undesignated center heading
``Receipt of Spirits from Customs Custody'' to read as follows:
Sec. 19.412 Importation of denatured spirits.
For provisions relating to the importation of denatured spirits,
see Sec. 27.222 of this chapter.
0
3. In Sec. 19.427, paragraph (a)(2) is revised to read as follows:
Sec. 19.427 Removal of denatured spirits and articles.
(a) * * *
(2) A proprietor may transfer specially denatured spirits to
qualified users located in a foreign trade zone for use in the
manufacture of articles under part 20 of this chapter.
* * * * *
0
4. Section 19.607 is revised to read as follows:
Sec. 19.607 Article manufacture records.
Each processor qualified to manufacture articles must maintain
daily manufacturing and disposition records, arranged by the name and
authorized Use Code of the article, in the manner provided in part 20
of this chapter.
0
5. Section Sec. 19.746 is amended by revising paragraphs (b)(1)(xi)
and (b)(1)(xii), adding paragraphs (b)(1)(xiii) through (b)(1)(xvi),
and revising paragraph (c) to read as follows:
Sec. 19.746 Authorized materials.
* * * * *
(b) * * *
(1) * * *
(xi) Naphtha;
(xii) Straight run gasoline;
(xiii) Alkylate;
(xiv) High octane denaturant blend;
(xv) Methyl tertiary butyl ether; or
(xvi) Any combination of the materials listed in paragraphs
(b)(1)(i) through (xv) of this section;
* * * * *
(c) Specifications. Specifications for the materials listed in
paragraph (b) are found in part 21, subpart E, of this chapter.
* * * * *
PART 20--DISTRIBUTION AND USE OF DENATURED ALCOHOL AND RUM
0
6. The authority citation for part 20 continues to read as follows:
Authority: 26 U.S.C. 5001, 5206, 5214, 5271-5275, 5311, 5552,
5555, 5607, 6065, 7805.
0
7. Section 20.11 is amended by:
0
a. Revising the definition of ``Appropriate TTB officer'';
0
b. Adding in alphabetical order definitions for ``Fit for beverage use,
or fit for beverage purposes'' and ``Internal human use'';
0
c. Revising the definition of ``Liter or litre'';
0
d. Removing the definition of ``Specially denatured spirits'';
0
e. Adding in alphabetical order a definition for ``Specially Denatured
Spirits or S.D.S.''
0
f. Adding in alphabetical order definitions for ``TTB'' and ``Unfit for
beverage use, or unfit for beverage purposes''; and
0
g. Revising the Office of Management and Budget control number
referenced at the end of the section.
The revisions and additions read as follows:
Sec. 20.11 Meaning of terms.
* * * * *
Appropriate TTB officer. An officer or employee of the Alcohol and
Tobacco Tax and Trade Bureau (TTB) authorized to perform any functions
relating to the administration or enforcement of this part by the
current version of TTB Order 1135.20, Delegation of the
[[Page 59456]]
Administrator's Authorities in 27 CFR part 20, Distribution and Use of
Denatured Alcohol and Rum.
* * * * *
Fit for beverage use, or fit for beverage purposes. Suitable for
consumption as an alcoholic beverage by a normal person, or susceptible
of being made suitable for such consumption merely by dilution with
water to an alcoholic strength of 15 percent by volume. The
determination is based solely on the composition of the product and
without regard to extraneous factors such as price, labeling, or
advertising.
* * * * *
Internal human use. Use inside the human body, but not including
use only in the mouth where the substance being used is not intended to
be swallowed.
* * * * *
Liter or litre. A metric unit of capacity equal to 1,000 cubic
centimeters of alcohol, and equivalent to 33.814 fluid ounces. A liter
is divided into 1,000 milliliters. The symbol for milliliter or
milliliters is ``mL''.
* * * * *
Specially Denatured Spirits or S.D.S. Specially denatured alcohol
and/or specially denatured rum.
* * * * *
TTB. The Alcohol and Tobacco Tax and Trade Bureau, U.S. Department
of the Treasury.
* * * * *
Unfit for beverage use, or unfit for beverage purposes. Not
conforming to the definition of ``Fit for beverage use, or fit for
beverage purposes'' in this section.
* * * * *
(Approved by the Office of Management and Budget under control
number 1513-0061)
Sec. 20.20 [Amended]
0
8. In Sec. 20.20, the second sentence is amended by adding the words
``the current version of'' immediately before the words ``TTB Order
1135.20''.
Sec. Sec. 20.22, 20.56, 20.57, 20.60, 20.61, 20.62, 20.68, 20.142,
20.149, 20.170, 20.171, 20.172, 20.180, 20.192, 20.202, 20.203, 20.212,
20.216, 20.231, 20.232, 20.234, 20.235, 20.251, 20.252, 20.261, 20.262,
20.263, and 20.265 [Amended]
0
9. For each section indicated in the left-hand column of the table
below, the parenthetical phrase at the end of each section is amended
by removing the Office of Management and Budget control number
indicated in the middle column, and adding, in its place, the number
indicated in the right-hand column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
20.22 1512-0336 1513-0061
20.56 1512-0336 1513-0061
20.57 1512-0336 1513-0061
20.60 1512-0336 1513-0061
20.61 1512-0336 1513-0061
20.62 1512-0336 1513-0061
20.68 1512-0336 1513-0061
20.142 1512-0337 1513-0062
20.149 1512-0337 1513-0062
20.170 1512-0337 1513-0062
20.171 1512-0337 1513-0062
20.172 1512-0337 1513-0062
20.180 1512-0337 1513-0062
20.192 1512-0337 1513-0062
20.202 1512-0336 1513-0061
`` 1512-0337 1513-0062
20.203 1512-0337 1513-0062
20.212 1512-0337 1513-0062
20.216 1512-0337 1513-0062
20.231 1512-0337 1513-0062
20.232 1512-0337 1513-0062
20.234 1512-0336 1513-0061
20.235 1512-0337 1513-0062
20.251 1512-0337 1513-0062
20.252 1512-0336 1513-0061
20.261 1512-0337 1513-0062
20.262 1512-0337 1513-0062
20.263 1512-0337 1513-0062
20.265 1512-0336 1513-0061
------------------------------------------------------------------------
0
10. In Sec. 20.41, paragraph (d)(1) is revised to read as follows:
Sec. 20.41 Application for industrial alcohol user permit.
* * * * *
(d) Exceptions. (1) The proprietor of a distilled spirits plant
qualified under part 19 of this chapter is not required to qualify
under this part for activities conducted at that plant's bonded
premises.
* * * * *
Sec. 20.59 [Amended]
0
11. In Sec. 20.59, paragraph (a) is amended by removing the word
``teminated'' and adding, in its place, the word ``terminated''.
0
12. Section 20.63 is revised to read as follows:
Sec. 20.63 Adoption of formulas and statements of process.
(a) Adoption of formulas and statements of process is permitted:
(1) When a successor (proprietorship or fiduciary) adopts a
predecessor's formulas and statements of process as provided in
Sec. Sec. 20.57(c) and 20.58; and
(2) When a permittee adopts for use at one plant, the formulas
previously approved by TTB for use at another plant, or when a
permittee adopts a formula previously approved by TTB for a parent or
subsidiary, provided that in the case of a parent-subsidiary
relationship the subsidiary is wholly-owned by the parent.
(b) The adoption will be accomplished by the submission of a
certificate of adoption. The certificate of adoption shall be submitted
to the appropriate TTB officer and shall contain:
(1) A list of all approved formulas or statements of process in
which S.D.S. is used or recovered;
(2) The formulas of S.D.S. used or recovered;
(3) The dates of approval of the relevant Forms 1479-A or TTB Forms
5150.19:
(4) The applicable code number(s) for the article or process;
(5) The name of the permittee adopting the formulas, followed by
the phrase, for each formula, ``Formula of ___ (Name and permit number
of permittee who received formula approval) is hereby adopted;'' and
(6) In the case of a permittee adopting the formulas of another
entity, evidence of its relationship to that entity.
(Approved by the Office of Management and Budget under control
number 1513-0061)
Sec. 20.91 [Amended]
0
13. In Sec. 20.91, paragraph (a) is amended by removing the words ``in
the TTB Bulletin'' and adding, in their place, the words ``on the TTB
Web site at https://www.ttb.gov''.
0
14. In Sec. 20.93, paragraph (a) is amended by removing the word
``appoved'' and adding, in its place, the word ``approved''.
0
15. Section 20.95 is revised to read as follows:
Sec. 20.95 Developmental samples of articles.
(a) Samples for submission to TTB. Prior to receiving formula
approval on TTB Form 5150.19, a user may use S.D.S. in the manufacture
of samples of articles for submission in accordance with Sec. 20.92.
However, the user may only use the limited quantity of S.D.S. that is
necessary to produce the samples.
(b) Samples for shipment to prospective customers. Prior to
submitting a formula and statement of process on TTB Form 5150.19, a
user may use S.D.S. to prepare developmental samples of articles for
shipment to prospective customers. Only one sample of each formulation
of the article under development may be sent to each customer. Each
sample shall be no larger than necessary for the customer to determine
whether the product meets its requirements. The user shall maintain
records showing:
(1) The types of product samples prepared;
[[Page 59457]]
(2) The size of the samples sent, on a one-time basis, to each
prospective customer; and
(3) The names and addresses of the prospective customers.
(c) Formula requirement. Before the user begins to make a quantity
greater than specified in this section, formula approval on TTB Form
5150.19 is required.
(Approved by the Office of Management and Budget under control
number 1513-0062)
Sec. 20.100 [Amended]
0
16. In Sec. 20.100, paragraph (a) is amended by removing the word
``addiition'' and adding, in its place, the word ``addition''.
0
17. Section 20.102 is revised to read as follows:
Sec. 20.102 Bay rum, alcoholado, or alcoholado-type toilet waters.
Unless manufactured exclusively for export under a formula approved
by TTB and endorsed ``For Export Only,'' bay rum, alcoholado, or
alcoholado-type toilet waters made with S.D.S. shall contain in each
gallon of finished product:
(a) 71 milligrams of denatonium benzoate (also known as
benzyldiethyl (2:6-xylylcarbamoyl methyl) ammonium benzoate) in
addition to any of this material used as a denaturant in the specially
denatured alcohol;
(b) 2 grams of tartar emetic; or
(c) 0.5 avoirdupois ounce of sucrose octaacetate.
Sec. 20.103 [Removed and Reserved]
0
18. Section 20.103 is removed and reserved.
0
19. Section 20.111 is amended by revising paragraph (a), adding a new
paragraph (c), and revising the Office of Management and Budget control
number referenced at the end of the section, to read as follows:
Sec. 20.111 General.
(a) Formula approval obtained on TTB Form 5150.19 is not required
for an article made in accordance with any approved general-use formula
that is specified in Sec. Sec. 20.112 through 20.124, that is approved
by the appropriate TTB officer as an alternate method, or that is
published as a TTB Ruling on the TTB Web site at https://www.ttb.gov.
However, a statement of process on TTB Form 5150.19 is still required
in any of the circumstances described in Sec. 20.94.
* * * * *
(c) The manufacturer shall ensure that each finished article made
pursuant to a general-use formula is unfit for beverage use and is
incapable of being reclaimed or diverted to beverage use or internal
human use.
(Approved by the Office of Management and Budget under control
number 1513-0061)
Sec. 20.112 [Amended]
0
20-21. Section 20.112 is amended by:
0
a. In the last sentence of paragraph (a) introductory text, removing
the word ``alcohol'' and adding, in its place, the letters ``S.D.A.'';
0
b. In paragraph (a)(1) by adding the words ``propylene glycol
monomethyl ether,'' after the words ``nitropropane (mixed isomers),'';
and
0
c. In paragraph (a)(2) is amended by removing the cross-reference to
``Sec. 21.106'' and adding, in its place, the cross-reference ``Sec.
21.107''.; and
0
d. Removing paragraph (c).
0
22. Section 20.113 is revised to read as follows:
Sec. 20.113 Proprietary solvents general-use formula.
A proprietary solvent made pursuant to this formula shall be made
with alcohol denatured in accordance with S.D.A. Formula No. 1, 3-A, or
3-C and shall contain, for every 100 parts (by volume) of S.D.A.:
(a) No less than 1 part (by volume) of one or any combination of
the following: Gasoline, unleaded gasoline, heptane, or rubber
hydrocarbon solvent, and
(b) No less than 3 parts (by volume) of one or any combination of
the following: Ethyl acetate (equivalent to 85 percent ester content,
as defined in Sec. 21.107 of this chapter), methyl isobutyl ketone,
methyl n-butyl ketone, tert-butyl alcohol, sec-butyl alcohol,
nitropropane (mixed isomers), ethylene glycol monoethyl ether, or
toluene.
0
23. In Sec. 20.114, the introductory text and paragraph (a) are
revised to read as follows:
Sec. 20.114 Tobacco flavor general-use formula.
This tobacco flavor general-use formula authorizes the production
of any finished article made with alcohol denatured in accordance with
S.D.A. Formula No. 4 or S.D.R. Formula No. 4 which--
(a) Contains flavors sufficient to ensure that the article is unfit
for beverage or internal human use,
* * * * *
0
24. In Sec. 20.115, the introductory text and paragraph (a) are
revised to read as follows:
Sec. 20.115 Ink general-use formula.
This ink general-use formula authorizes the production of any
finished article made with alcohol denatured in accordance with S.D.A.
Formula No. 1, 3-A, 3-C, 13-A, 23-A, 30, 32, 35-A, or 40-B, which--
(a) Contains pigments, dyes, or dyestuffs, which, alone or in
combination with solvents or other ingredients, are sufficient to
ensure that the article is unfit for beverage use,
* * * * *
0
25. Section 20.116 is revised to read as follows:
Sec. 20.116 Low alcohol general-use formula.
This low alcohol general-use formula authorizes the production of
any finished article containing not more than 5 percent alcohol by
weight or volume. Articles containing no alcohol, or whose manufacture
involves the recovery of S.D.S., shall be covered by a statement of
process on TTB Form 5150.19 submitted under Sec. 20.94.
0
26. Section 20.117 is revised to read as follows:
Sec. 20.117 Reagent alcohol general-use formula.
(a) General. Reagent alcohol must be made in accordance with
paragraph (b) of this section and labeled in accordance with paragraph
(c) of this section. Reagent alcohol is--
(1) Treated as an article if distributed and used in accordance
with paragraph (d) of this section; or
(2) Treated as S.D.A. if distributed and used in accordance with
paragraph (e) of this section.
(b) Formula. Reagent alcohol shall be made with 95 parts (by
volume) of S.D.A. 3-A, and 5 parts (by volume) of isopropyl alcohol.
Water may be added at the time of manufacture. Reagent alcohol shall
not contain any ingredient other than those specified in this
paragraph.
(c) Labeling. Each container of reagent alcohol, regardless of
size, shall have affixed to it a label containing the following words
that are as conspicuous as any other words on the container labels:
``Reagent Alcohol: Specially Denatured Alcohol Formula 3-A, 95 parts by
vol.; and Isopropyl Alcohol, 5 parts by vol.'' If water is added at the
time of manufacture, the label shall specify the composition of the
product as diluted.
(d) Distribution and use of reagent alcohol as an article. Reagent
alcohol is treated as an article if distributed exclusively for the
purpose of scientific use. Only the following distributions of reagent
alcohol are permitted under this paragraph:
(1) For scientific use. (i) In smaller containers. The manufacturer
or repackager of the reagent alcohol, or an
[[Page 59458]]
S.D.S. dealer, may distribute reagent alcohol in containers not
exceeding four liters to laboratories or other persons who require
reagent alcohol for scientific use.
(ii) In bulk containers. The manufacturer of the reagent alcohol,
or an S.D.S. dealer, may distribute reagent alcohol in containers
larger than four liters to a laboratory or other person requiring
reagent alcohol for scientific use if that laboratory or person is
qualified to receive bulk shipments of reagent alcohol on October 31,
2016 or has received, from the appropriate TTB officer, approval of a
letterhead application containing the following information:
(A) The applicant's name, address, and permit number, if any;
(B) An explanation of the applicant's need for bulk quantities of
reagent alcohol;
(C) A description of the security measures that will be taken to
segregate reagent alcohol from denatured spirits or other alcohol that
may be on the same premises; and
(D) A statement that the applicant will allow any appropriate TTB
officer to inspect the applicant's premises.
(2) For repackaging. The manufacturer of the reagent alcohol, or an
S.D.S. dealer, may distribute reagent alcohol in containers larger than
4 liters to the persons specified in this paragraph. Those persons must
repackage the reagent alcohol in containers not exceeding 4 liters,
label the smaller packages in accordance with paragraph (c) of this
section, and redistribute them in accordance with paragraph (d)(1)(i)
of this section. The persons to whom reagent alcohol may be distributed
in bulk for repackaging under this paragraph are:
(i) A proprietor of a bona fide laboratory supply house; and
(ii) Any other person who was qualified to receive bulk shipments
of reagent alcohol on October 31, 2016, or who has received, from the
appropriate TTB officer, approval of a letterhead application
containing all of the information required by paragraph (d)(1)(ii)(A)
through (D), in addition to the following:
(A) A statement that the applicant will comply with the labeling,
packaging, and distribution requirements of paragraphs (c) and (d)(1)
of this section; and
(B) A statement that the applicant will comply with the
requirements of Sec. 20.133.
(3) For redistribution. The manufacturer of the reagent alcohol, or
an S.D.S. dealer, may distribute reagent alcohol in containers of any
size to an S.D.S. dealer for redistribution in accordance with this
section. An S.D.S. dealer distributing or redistributing reagent
alcohol may repackage it in containers of any size permitted under this
section that is necessary for the conduct of business.
(e) Distribution and use of reagent alcohol in manufacturing.
Reagent alcohol is treated as S.D.A. if distributed for the purpose of
manufacturing. The following requirements apply to reagent alcohol
treated as S.D.A.:
(1) The manufacturer of the reagent alcohol, or an S.D.S. dealer,
may distribute reagent alcohol in containers of any size to the persons
specified in this paragraph for use in manufacturing.
(2) A person may receive reagent alcohol for use in manufacturing
if the person:
(i) Holds a permit as an S.D.A. user;
(ii) Has received formula approval on TTB Form 5150.19 to use
reagent alcohol in manufacturing; and
(iii) Treats the reagent alcohol as S.D.A., not an article.
(Approved by the Office of Management and Budget under control
number 1513-0061)
Sec. 20.118 [Amended]
0
27. Section 20.118(b) is amended by:
0
a. In Formula A, removing the word ``ordorous'' and adding, in its
place, the word ``odorous''; and
0
b. In Formula B, removing the term ``(Bitrex (THS-839))'' and adding,
in its place, the term ``(denatonium benzoate)''.
Sec. 20.119 [Amended]
0
28. In Sec. 20.119, the introductory text is amended by:
0
a. Removing the words ``shall consist of'' and adding, in their place,
the word ``describes''; and
0
b. Removing the word ``formula'' the second time it appears and adding,
in its place, the word ``formulation''.
0
29. In subpart F, add Sec. Sec. 20.120 through 20.124 to read as
follows:
Subpart F--Formulas and Statements of Process
* * * * *
Sec.
20.120 Multi-purpose general-use formula.
20.121 Vinegar general-use formula.
20.122 S.D.A. 39-C general-use formula.
20.123 Pressurized container general-use formula.
20.124 Duplicating fluid and ink solvent general-use formula.
Sec. 20.120 Multi-purpose general-use formula.
TTB authorizes this general-use formula for the manufacture of any
article that:
(a) Is made with alcohol denatured in accordance with S.D.A.
Formula No. 1, 3-A, 13-A, 19, 23-A, 23-H, 30, 32, 35-A, 36, 37, 38-D,
40, 40-A, and/or 40-B, but no other specially denatured spirits
formula;
(b) Conforms to one of the Use Codes specified in part 21 of this
chapter authorized for the S.D.A. formulation(s) being used to make the
article, other than Use Code 900, as described in part 21 of this
chapter; and
(c) Contains sufficient additional ingredients, other than the
denaturants prescribed for the applicable S.D.A. formula(s) --
(1) To definitely change the composition and character of the
S.D.A. used to make the article, and
(2) To ensure that the finished article is unfit for beverage or
other internal human use, and, unless approved under Sec. 20.193(b),
is incapable of being reclaimed or diverted to beverage use or internal
human use; and
(d) Does not conform to any other general-use formula provided in
subpart F of this part.
Sec. 20.121 Vinegar general-use formula.
The vinegar general-use formula is a formula for making vinegar
with alcohol denatured in accordance with S.D.A. Formula No. 18 in a
process whereby all of the ethyl alcohol, except residual alcohol
within the limit specified in Sec. 20.104, loses its identity by being
converted to vinegar.
Sec. 20.122 S.D.A. 39-C general-use formula.
S.D.A. 39-C general-use formula is a formula for articles made with
alcohol denatured in accordance with S.D.A. Formula No. 39-C. Articles
made pursuant to this general-use formula shall contain, in each gallon
of finished product, not less than 2 fl. oz. of perfume material
(essential oils as defined in Sec. 21.11, isolates, aromatic
chemicals, etc.). Unless approved with the endorsement ``for export
only,'' all articles made with alcohol denatured in accordance with
S.D.A. Formula No. 39-C must be made in accordance with this formula.
Sec. 20.123 Pressurized container general-use formula.
This general-use formula describes an article, made with alcohol
denatured in accordance with S.D.A. Formula No. 40-C, that will be
packaged in pressurized containers in which the liquid contents are in
intimate contact with the propellant and from which the contents are
not easily removable in liquid form.
[[Page 59459]]
Sec. 20.124 Duplicating fluid and ink solvent general-use formula.
(a) Duplicating fluids and ink solvents under this general-use
formula shall be made with alcohol denatured in accordance with S.D.A.
Formula No. 1, 3-A, 3-C, 13-A, 23-A, 30, 32, 35-A, or 40-B, and
(1) Shall contain, for every 100 parts (by volume) of denatured
alcohol:
(i) No less than 1 part (by volume) of n-propyl acetate, and no
less than 10 parts (by volume) of one or any combination of isopropyl
alcohol or methyl alcohol; or
(ii) No less than 5 parts (by volume) of n-propyl acetate; and
(2) May contain additional ingredients.
(b) Duplicating fluids and ink solvents are intended for use in the
printing industry, shall not be sold for general solvent use, and shall
not be distributed through retail channels for sale as consumer
commodities for personal or household use.
Sec. 20.131 [Amended]
0
30. In Sec. 20.131, the second sentence is amended by adding the word
``in'' after the words ``general terms''.
0
31. Section 20.132 is amended by adding a new paragraph (d) to read as
follows:
Sec. 20.132 General requirements.
* * * * *
(d) Analytical tolerance. In the case of an article manufactured in
accordance with a formula that specifies exact amounts of ingredients,
including denatured spirits, TTB will apply an analytical tolerance of
5% and use standard rounding rules in determining whether
the article complies with the formula.
0
32. In Sec. 20.133, paragraph (b) is revised, paragraph (c) is added,
and the Office of Management and Budget control number referenced at
the end of the section is revised to read as follows:
Sec. 20.133 Registration of persons trafficking in articles.
* * * * *
(b) A person who reprocesses articles shall ensure that each
article containing 0.5 percent or more alcohol by weight or volume is
unfit for beverage or internal human use and is incapable of being
reclaimed or diverted to beverage use or internal human use.
(c) The appropriate TTB officer will prohibit any of the activities
described in paragraph (a) of this section if the activity jeopardizes
the revenue or increases the burden of administering this part.
(Approved by the Office of Management and Budget under control
number 1513-0061)
0
33. In Sec. 20.134, paragraph (a) and the Office of Management and
Budget control number referenced at the end of the section are revised
to read as follows:
Sec. 20.134 Labeling.
(a) General. Except as otherwise provided in paragraph (b) or (c)
of this section, the immediate container of each article shall, before
removal from the manufacturer's premises, bear the following
information either directly on the container or on a label securely
attached to it:
(1) The name, trade name or brand name of the article; and
(2) The name and address (city and State) of the manufacturer or
distributor of the article.
* * * * *
(Approved by the Office of Management and Budget under control
number 1513-0061)
0
34. Section 20.136 is revised to read as follows:
Sec. 20.136 Labeling regulations of other agencies.
Other Federal agencies have promulgated regulations that may affect
the labeling of denatured spirits or articles. Manufacturers are
responsible for properly labeling denatured spirits and articles in
compliance with all applicable regulations of those other Federal
agencies, which may include:
(a) The Consumer Product Safety Commission, which has promulgated
regulations to administer the Federal Hazardous Substances Act, which
include regulations in 16 CFR chapter II that require warning labels
for products containing certain specified substances like methyl
alcohol, which is a denaturant in formulations of S.D.A. Formula Nos.
3-A and 30, and is a hazardous substance at levels of 4 percent or more
by weight;
(b) The Federal Trade Commission, which has promulgated regulations
in 16 CFR chapter I to administer the Fair Packaging and Labeling Act,
which affect the packaging and labeling of ``consumer commodities''
(which generally means products intended for retail sale to an
individual for personal or household use);
(c) The Food and Drug Administration, which has promulgated
regulations in 21 CFR chapter I to administer the Fair Packaging and
Labeling Act (as it applies to drugs, medical devices, or cosmetics)
and the Federal Food, Drug and Cosmetic Act; and
(d) The Occupational Safety and Health Administration, which
administers the Occupational Safety and Health Act of 1970 and has
promulgated regulations in 29 CFR chapter XVII concerning the
communication of hazards.
Sec. 20.141 [Amended]
0
35. In Sec. 20.141, paragraph (a) is amended by removing the word
``formula'' the first time it appears, and adding, in its place, the
word ``formulation'', and by adding the words ``formulations of'' after
the words ``For example,''.
Sec. 20.163 [Amended]
0
36. In Sec. 20.163:
0
a. Paragraph (d) is amended by removing the words ``of bill or lading''
and adding, in their place, the words ``or bill of lading''; and
0
b. The parenthetical phrase at the end of the section is amended by
removing the Office of Management and Budget control number ``1512-
0337'' and adding, in its place, the number ``1513-0062''.
Sec. 20.170 [Amended]
0
37. Section 20.170 is amended by removing the word ``formula'' and
adding, in its place, the word ``formulation''.
Sec. 20.175 [Amended]
0
38. In Sec. 20.175, paragraph (c) is amended by adding to the end of
the sentence the words, ``except as provided in 26 U.S.C. 5001(a)(4)
and (5)''.
0
39. Section 20.183 is added under the undesignated center heading
``Operations by Dealers'' to read as follows:
Sec. 20.183 Exportation of S.D.S.
(a) General. Except as otherwise provided in paragraph (b) of this
section, a dealer may export S.D.S. that conform to a formula specified
in part 21 of this chapter to any country that allows the importation
of such spirits. The exporting dealer shall:
(1) For each export shipment, prepare TTB Form 5100.11 in
accordance with its instructions as a notice and submit it to the
appropriate TTB officer;
(2) Mark each shipping container and case with the words ``For
Export'';
(3) Export the S.D.S. directly; and
(4) Retain appropriate documentation, such as invoices and bills of
lading, as evidence that the denatured spirits were, in fact, exported.
(b) Exception. A dealer may not export under paragraph (a) of this
section any spirits that conform to Formula No. 3-C, 29, or 38-B.
[[Page 59460]]
0
40. Section 20.189 is amended by revising paragraphs (c) and (d) to
read as follows:
Sec. 20.189 Use of S.D.S.
* * * * *
(c) Unless otherwise authorized by the appropriate TTB officer,
each formulation of S.D.S. may be used only for the purposes authorized
for that formulation under part 21 of this chapter.
(d) By the use of essential oils and/or chemicals in the
manufacture of each article containing 0.5 percent or more alcohol by
weight or volume, the manufacturer shall ensure that:
(1) Each finished article is unfit for beverage use; and
(2) Unless approved ``for export only'' under Sec. 20.193(b), each
finished article is incapable of being reclaimed or diverted to
beverage use or internal human use.
* * * * *
Sec. 20.191 [Amended]
0
41. Section 20.191 is amended by removing the last sentence.
0
42. Section 20.193 is added to subpart I to read as follows:
Sec. 20.193 Articles for export.
(a) Articles approved without qualification, including articles
made in accordance with one of the general-use formulas in Sec. Sec.
20.111 through 20.124, may be exported without restriction.
(b) For each article for which the approved formula is endorsed
``For Export Only'' the manufacturer shall:
(1) Label the immediate container to clearly show that the article
is for export (for example, with the words ``For export only'', ``Not
for sale in the United States'', or ``Manufactured for sale in ___'');
(2) Mark the shipping containers and cases with the words ``For
Export'';
(3) Export the article directly; and
(4) Retain appropriate documentation, such as invoices and bills of
lading, as evidence that the article was, in fact, exported.
(c) All articles for export shall comply with the applicable
requirements of the countries to which they are sent.
0
43. In Sec. 20.204, paragraph (c) is revised to read as follows:
Sec. 20.204 Incomplete shipments.
* * * * *
(c) Subject to the limitations for loss prescribed in Sec. 20.202,
the shipper (dealer or distilled spirits plant proprietor) shall file a
claim for allowance of the entire quantity lost, in the manner provided
in that section. The claim shall include the applicable data required
by Sec. 20.205.
0
44. Section 20.222 is revised to read as follows:
Sec. 20.222 Destruction.
(a) Record of destruction. A permittee who destroys specially
denatured spirits or recovered alcohol, or who transfers such material
to another entity for destruction, shall prepare a record of
destruction, which shall be maintained by the permittee with the
records required by subpart P of this part. The record shall identify--
(1) The reason for destruction,
(2) The date, time, location and manner of destruction,
(3) The quantity involved and, if applicable, identification of
containers, and
(4) The name of the individual who accomplished or supervised the
destruction.
(b) Destruction by nonpermittees. In general, the destruction of
specially denatured spirits and recovered alcohol shall be performed by
a permittee or a distilled spirits plant. However, a nonpermittee may
destroy recovered alcoholic material if the material has been
determined by the appropriate TTB officer to be equivalent to an
article. If the material is not so determined, destruction may only
occur on the premises of the manufacturer who recovered the material, a
distilled spirits plant, or a dealer permittee.
(Approved by the Office of Management and Budget under control
number 1513-0062)
Sec. 20.262 [Amended]
0
45. Section 20.262 is amended by removing the word ``formula'' each
place it occurs and adding in its place the word ``formulation''.
Sec. 20.263 [Amended]
0
46. Section 20.263 is amended by removing the word ``formula'' each
place it occurs and adding in its place the word ``formulation''.
0
47. In Sec. 20.264, paragraphs (a)(1) and (2) are revised, paragraph
(a)(4) is added, and the Office of Management and Budget control number
referenced at the end of the section is revised to read as follows:
Sec. 20.264 User's records and report of products and processes.
(a) Records. (1) Each user shall maintain separate accountings of--
(i) The number of gallons of each formulation of new S.D.S. used
for each product or process, recorded by the code number prescribed by
Sec. 21.141 of this chapter; and
(ii) The number of gallons of each formulation of recovered S.D.S.
used for each product or process, recorded by the code number
prescribed by Sec. 21.141 of this chapter.
(2) Each user who recovers specially denatured spirits shall
maintain separate accountings of the number of gallons of each
formulation of specially denatured spirits recovered from each product
or process, recorded by the code number prescribed by Sec. 21.141 of
this chapter.
* * * * *
(4) Each user who manufactures articles for export subject to Sec.
20.193(b) shall retain the documentation required by Sec.
20.193(b)(4).
* * * * *
(Approved by the Office of Management and Budget under control
number 1513-0062)
PART 21--FORMULAS FOR DENATURED ALCOHOL AND RUM
0
48. The authority citation of part 21 continues to read as follows:
Authority: 5 U.S.C. 552(a), 26 U.S.C. 5242, 7805.
0
49. Part 21 is amended by removing the abbreviation ``ml'' each place
it occurs within the part and adding, in its place, the abbreviation
``mL''.
Sec. 21.7 [Amended]
0
50. In Sec. 21.7, the second sentence is amended by adding the words
``the current version of'' immediately before the words ``TTB Order
1135.21''.
Sec. 21.11 [Amended]
0
51. In Sec. 21.11:
0
a. The definition of ``Appropriate TTB Officer'' is amended by adding
the words ``the current version of'' immediately before the words ``TTB
Order 1135.21''; and
0
b. The definition of ``C.D.A.'' is amended by removing the word
``Completly'' and adding, in its place, the word ``Completely''.
0
52. In Sec. 21.21 add paragraph (d) to read as follows:
Sec. 21.21 General.
* * * * *
(d) TTB will apply an analytical tolerance of 5 percent
and use standard rounding rules in determining whether completely
denatured alcohol complies with the formula prescribed in this subpart
(or in accordance with Sec. 21.5).
0
53. In Sec. 21.24, paragraph (a) is revised to read as follows:
Sec. 21.24 Formula No. 20.
(a) Formula. To every 100 gallons of ethyl alcohol of not less than
195 proof add:
[[Page 59461]]
A total of 2.0 gallons of either unleaded gasoline, rubber
hydrocarbon solvent, kerosene, deodorized kerosene, alkylate, ethyl
tertiary butyl ether, high octane denaturant blend, methyl tertiary
butyl ether, naphtha, natural gasoline, raffinate, or any combination
of these; or
A total of 5.0 gallons of toluene.
* * * * *
0
54. In subpart C, Sec. 21.25 is added to read as follows:
Sec. 21.25 Formula No. 35.
Formula. To every 100 gallons of alcohol of not less than 185 proof
add:
29.75 gallons of ethyl acetate having an ester content of 100
percent by weight or the equivalent thereof not to exceed 35 gallons of
ethyl acetate with an ester content of not less than 85 percent by
weight.
0
55. In subpart C, Sec. 21.26 is added to read as follows:
Sec. 21.26 Formula No. 12-A.
Formula. To every 100 gallons of alcohol of not less than 185 proof
add:
Five gallons of toluene or 5 gallons of heptane.
0
56. Section 21.31 is amended by adding paragraph (d) to read as
follows:
Sec. 21.31 General.
* * * * *
(d) Analytical tolerance. TTB will apply an analytical tolerance of
5% and use standard rounding rules in determining whether
specially denatured spirits complies with the formula prescribed in
this subpart (or in accordance with Sec. 21.5).
0
57. In Sec. 21.33, paragraph (a) is revised to read as follows:
Sec. 21.33 Formula No. 2-B.
(a) Formula. To every 100 gallons of alcohol add:
One-half gallon of rubber hydrocarbon solvent, \1/2\ gallon of
toluene, \1/2\ gallon of heptane, \1/2\ gallon of hexane (mixed
isomers), or \1/2\ gallon of n-hexane.
* * * * *
Sec. 21.34 [Removed and Reserved]
0
58. Section 21.34 is removed and reserved.
Sec. 21.35 [Amended]
0
59. In Sec. 21.35, paragraph (a) is amended by adding the words
``cyclohexane or'' before the words ``methyl alcohol.''
Sec. 21.36 [Removed and Reserved]
0
60. Section 21.36 is removed and reserved.
Sec. Sec. 21.39 and 21.40 [Removed and Reserved]
0
61. Sections 21.39 and 21.40 are removed and reserved.
Sec. 21.41 [Amended]
0
62. In Sec. 21.41, paragraph (b) is amended by adding the words ``485.
Miscellaneous solutions.'' in appropriate numerical order.
Sec. 21.42 [Removed and Reserved]
0
63. Section 21.42 is removed and reserved.
Sec. Sec. 21.45 and 21.46 [Removed and Reserved]
0
64. Sections 21.45 and 21.46 are removed and reserved.
Sec. 21.48 [Removed and Reserved]
0
65. Section 21.48 is removed and reserved.
Sec. 21.49 [Amended]
0
66. In Sec. 21.49, paragraph (b)(1) is amended by removing the word
``insectides'' from the entry beginning ``410'' and adding, in its
place, the word ``insecticides''.
Sec. Sec. 21.52 through 21.54 [Removed and Reserved]
0
67. Sections 21.52 through 21.54 are removed and reserved.
Sec. 21.59 [Amended]
0
68. In Sec. 21.59, paragraph (b) is amended by adding the words ``485.
Miscellaneous solutions.'' in appropriate numerical order.
Sec. Sec. 21.60 and 21.61 [Removed and Reserved]
0
69. Sections 21.60 and 21.61 are removed and reserved.
Sec. 21.62 [Amended]
0
70. In Sec. 21.62, paragraph (b)(1) is amended by adding the words
``052. Inks.'' and ``485. Miscellaneous solutions.'' in appropriate
numerical order.
Sec. 21.63 [Amended]
0
71. In Sec. 21.63, paragraph (a) is amended by adding the words ``8.75
pounds of potassium hydroxide, on an anhydrous basis;'' before the
words ``or 12.0 pounds of caustic soda,''.
Sec. 21.64 [Amended]
0
72. Section 21.64(a) is amended by removing the word ``onces'' and
adding, in its place, the word ``ounces''.
Sec. 21.65 [Amended]
0
73. In Sec. 21.65, the list in paragraph (a) is amended by adding
entries reading ``Cornmint oil.'', ``Distilled lime oil.'', ``L(-)-
Carvone.'', ``Lemon oil.'', and ``Peppermint oil, Terpeneless.'', in
appropriate alphabetical order, and paragraph (b)(1) is amended by
removing the word ``Sterlizing'' from the entry beginning ``430'' and
adding, in its place, the word ``Sterilizing''.
Sec. 21.66 [Removed and Reserved]
0
74. Section 21.66 is removed and reserved.
0
75. In Sec. 21.68, paragraphs (a)(1) and (2) are revised to read as
follows:
Sec. 21.68 Formula No. 38-F.
(a) * * *
(1) Six pounds of either boric acid, N.F., Polysorbate 80, N.F., or
Poloxamer 407, N.F.; 1\1\/3 pounds of thymol, N.F.; 1\1\/
3 pounds of chlorothymol, N.F. XII; and 1\1\/3
pounds of menthol, U.S.P.; or
(2) A total of at least 3 pounds of any two or more denaturing
materials listed under Formula No. 38-B, plus sufficient boric acid,
N.F., Polysorbate 80, N.F., or Poloxamer 407, N.F. to total 10 pounds
of denaturant; or
* * * * *
Sec. Sec. 21.69 and 21.70 [Removed and Reserved]
0
76. Sections 21.69 and 21.70 are removed and reserved.
Sec. 21.76 [Amended]
0
77. In Sec. 21.76, paragraph (b)(1) is amended by adding the words
``052. Inks.'' and ``485. Miscellaneous solutions.'' in appropriate
numerical order.
Sec. 21.78 [Removed and Reserved]
0
78. Section 21.78 is removed and reserved.
Sec. 21.81 [Removed and Reserved]
0
79. Section 21.81 is removed and reserved.
Sec. 21.91 [Amended]
0
80. Section 21.91 is amended by adding a sentence at the end of the
section to read as follows:
Sec. 21.91 General.
* * * The authorization of a substitute denaturant may be published
in a TTB Ruling.
0
81. Section 21.94-T is added to read as follows:
Sec. 21.94-T Alkylate.
(a) API gravity at 60[emsp14][deg]F. 70.4.
(b) Reid vapor pressure (PSI). 5.60 maximum.
(c) Distillation ([deg]F):
(i) I.B.P. 109.0.
(ii) 10 percent. 186.6.
(iii) 50 percent. 221.1.
(iv) 90 percent. 271.8.
(v) End point distillation. 375.7.
Sec. Sec. 21.97 and 21.98 [Removed and Reserved]
0
82. Sections 21.97 and 21.98 are removed and reserved.
[[Page 59462]]
Sec. Sec. 21.103 and 21.104 [Removed and Reserved]
0
83. Sections 21.103 and 21.104 are removed and reserved.
0
84. Section 21.105-T1 is added to read as follows:
Sec. 21.105-T1 Cornmint oil (Mentha arvensis and Mentha canadensis).
(a) Specific gravity at 25 [deg]C. 0.895 to 0.905.
(b) Refractive index at 20 [deg]C. 1.4580 to 1.4590.
(c) Optical rotation at 20 [deg]C. -18[deg] to -36[deg].
(d) Alcohol content (as menthol). 65 percent minimum.
(e) Ketone content (as menthone). 5 percent minimum.
0
85. Section 21.105-T2 is added to read as follows:
Sec. 21.105-T2 Cyclohexane.
(a) Specific gravity at 20 [deg]C. 0.75 to 0.80.
(b) Odor. Characteristic odor.
0
86. Section 21.106-T is added to read as follows:
Sec. 21.106-T Distilled lime oil (Citrus aurantifolia).
(a) Specific gravity at 25 [deg]C. 0.850 to 0.870.
(b) Refractive index at 20 [deg]C. 1.4740 to 1.4780.
(c) Optical rotation at 20 [deg]C. +30[deg] to +50[deg].
(d) Aldehyde content (as citral). 0.5 to 3.0 percent.
(e) Terpene content (as limonene). 45 percent minimum.
0
87. Section 21.108-T is added to read as follows:
Sec. 21.108-T Ethyl tertiary butyl ether.
(a) Purity. >=95.0 percent.
(b) Color. Colorless to light yellow.
(c) Odor. Terpene-like.
(d) Specific gravity at 20 [deg]C. 0.70 to 0.80.
(e) Boiling point ([deg]C). 73.
Sec. 21.111 [Removed and Reserved]
0
88. Section 21.111 is removed and reserved.
0
89. Section 21.112-T1 is added to read as follows:
Sec. 21.112-T1 Hexane (mixed isomers).
(a) General. Minimum 55 percent n-hexane.
(b) Distillation range. No distillate should come over below
150[emsp14][deg]F and none above 160 [deg]F.
(c) Odor. Characteristic odor.
0
90. Section 21.112-T2 is added to read as follows:
Sec. 21.112-T2 n-Hexane.
(a) General. Minimum 97 percent purity.
(b) Distillation range. No distillate should come over below 150
[deg]F and none above 160 [deg]F.
(c) Odor. Characteristic odor.
0
91. Section 21.112-T3 is added to read as follows:
Sec. 21.112-T3 High octane denaturant blend.
(a) API Gravity at 60 [deg]F. 40 to 65.
(b) Reid Vapor Pressure (PSI). 6 to 15.
(c) Isopropyl alcohol. 24 to 40 percent volume.
(d) Methyl alcohol. 1.6 to 9.6 percent volume.
(e) Diisopropyl ether (DIPE). 4 to 12 percent volume.
(f) tert-Butyl alcohol. 4 to 12 percent volume.
(g) Iso-pentane. 4 to 9 percent volume.
(h) Pentane. 4 to 9 percent volume.
(i) Pentene. 0 to 2.4 percent volume.
(j) Hexane. 2 to 6 percent volume.
(k) Heptane. 1 to 3 percent volume.
(l) Sulfur (ppm). 0 to 120.
(m) Benzene (% vol.). 0 to 1.1.
(n) Distillation ([deg]F):
(i) 10 percent. 80 to 168.
(ii) 50 percent. 250.
(iii) End point distillation. 437.
0
92. Section 21.115-T1 is added to read as follows:
Sec. 21.115-T1 Lemon oil (Citrus limonium).
(a) Specific gravity at 25 [deg]C. 0.850 to 0.860.
(b) Refractive index at 20 [deg]C. 1.4570 to 1.4580.
(c) Optical rotation at 20 [deg]C. +55[deg] to +65[deg].
(d) Terpene content (as limonene). 65 percent minimum.
0
93. Section 21.115-T2 is added to read as follows:
Sec. 21.115-T2 L(-)-Carvone.
(a) Specific gravity at 25 [deg]C. 0.955 to 0.965.
(b) Refractive index at 20 [deg]C. 1.495 to 1.500.
(c) Angular rotation. -57[deg] to -62[deg].
(d) Assay. Not less than 97.0 percent.
0
94. Section 21.118-T1 is added to read as follows:
Sec. 21.118-T1 Methyl tertiary butyl ether.
(a) Purity. >= 97.0 percent.
(b) Color. Clear, colorless.
(c) Odor. Turpentine-like.
(d) Specific Gravity at 20 [deg]C. 0.70 to 0.80.
(e) Boiling Point ([deg]C). 55.
0
95. Section 21.118-T2 is added to read as follows:
Sec. 21.118-T2 Naphtha.
(a) API Gravity at 60 [deg]F. 30 to 85.
(b) Reid Vapor Pressure (PSI). 8 maximum.
(c) Specific Gravity at 20 [deg]C. 0.70 to 0.80.
(d) Distillation ([deg]F):
(i) I.B.P. 85 maximum.
(ii) 10 percent. 130 maximum.
(iii) 50 percent. 250 maximum.
(iv) 90 percent. 340 maximum.
(e) End point distillation. 380 maximum.
(f) Copper corrosion. One (1).
(g) Sabolt color. 28 minimum.
0
96. Section 21.118-T3 is added to read as follows:
Sec. 21.118-T3 Natural gasoline.
Natural gasoline is a mixture of various alkanes including butane,
pentane, and hexane hydrocarbons extracted from natural gas. It has a
distillation range wherein no more than 10 percent by volume of the
sample may distill below 97[emsp14][deg]F; at least 50 percent by
volume shall distill at or below 156[emsp14][deg]F; and at least 90
percent by volume shall distill at or below 209[emsp14][deg]F.
0
97. Section 21.121 is revised to read as follows:
Sec. 21.121 Peppermint oil, Terpeneless.
(a) Specific gravity at 25 [deg]C. 0.890 to 0.910.
(b) Refractive index at 20 [deg]C. 1.455 to 1.465.
(c) Esters as menthyl acetate. 5 percent minimum.
(d) Menthol (free and esters). 5 percent minimum.
0
98. Section 21.122 is revised to read as follows:
Sec. 21.122 Potassium Hydroxide.
(a) Color. White or yellow.
(b) Specific gravity at 20 [deg]C. 1.95 to 2.10.
(c) Melting point. 360 [deg]C.
(d) Boiling point. 1320 [deg]C.
(e) pH (0.1M solution). 13.5.
0
99. Section 21.124-T is added to read as follows:
Sec. 21.124-T Raffinate.
(a) API Gravity at 60[emsp14][deg]F. 30 to 85.
(b) Reid Vapor Pressure (PSI). 5 to 11.
(c) Octane (R+M/2). 66 to 70.
(d) Distillation ([deg]F):
(i) 10 percent. 120 to 150.
(ii) 50 percent. 144 to 180.
(iii) 90 percent. 168 to 200.
(iv) End point distillation. 216 to 285.
Sec. 21.125 [Amended]
0
100. In Sec. 21.125, the first sentence of paragraph (b) is amended by
removing the word ``themometer'' and adding, in its place, the word
``thermometer''.
Sec. 21.128 [Removed and Reserved]
0
101. Section 21.128 is removed and reserved.
0
102. Section 21.130-T is added to read as follows:
[[Page 59463]]
Sec. 21.130-T Straight run gasoline.
(a) General. Straight run gasoline is a mixture consisting
predominantly (greater than 60 percent by volume) of C4,
C5, C6, C7 and/or C8
hydrocarbons, and is either:
(1) A petroleum distillate coming straight from an atmospheric
distillation unit without being cracked or reformed, or
(2) A condensate coming directly from an oil/gas recovery
operation.
(b) API gravity. 72[deg] minimum, 85[deg] maximum.
(c) Reid vapor pressure (PSI). 15 maximum.
(d) Sulfur. 120 ppm maximum.
(e) Benzene. 1.1 percent by volume maximum.
(f) Distillation ([deg]F):
(1) 10 percent. 97 minimum, 158 maximum.
(2) 50 percent. 250 maximum.
(3) Final boiling point. 437 maximum.
0
103. Section 21.132 is revised to read as follows:
Sec. 21.132 Toluene.
(a) Specific Gravity at 15.56[deg]/15.56 [deg]C. 0.80 to 0.90.
(b) Boiling point ([deg]C). 110.6.
(c) Distillation range ([deg]C). Not more than 1 percent by volume
should distill below 109, and not less than 99 percent by volume below
112.
(d) Odor. Characteristic odor.
0
104. In Sec. 21.141, the table is amended by:
0
a. Removing the entry for ``Antiseptic, bathing solution
(restricted)'';
0
b. Removing each reference to ``2-C'', ``3-B'', ``6-B'', ``12- A'',
``17'', ``20'', ``22'', ``23-F'', ``27'', ``27-A'', ``27-B'', ``33'',
``35'', ``38-C'', ``39'', ``39-A'', ``42'', and ``46'' in the column
headed ``Formulas authorized''; and
0
c. Revising the entries for ``Inks'' and for ``Solutions,
miscellaneous''.
The revisions read as follows:
Sec. 21.141 List of products and processes using specially denatured
alcohol and rum, and formulas authorized therefor.
* * * * *
------------------------------------------------------------------------
Product or process Code No. Formulas authorized
------------------------------------------------------------------------
* * * * * * *
Inks........................... 052 1, 3-A, 3-C, 13-A, 23-
A, 30, 32, 33, 35-A,
40-B.
* * * * * * *
Solutions, miscellaneous....... 485 1, 3-A, 3-C, 13-A, 23-
A, 30, 32, 35-A, 40-B,
40-C.
* * * * * * *
------------------------------------------------------------------------
* * * * *
Sec. 21.151 [Amended]
0
105. In Sec. 21.151, the table is amended by:
0
a. Removing the entries for ``Benzene''; ``Bone oil (Dipple's oil)'';
``Chloroform''; ``Cinchonidine''; ``Cinchonidine sulfate, N.F. IX'';
``Gentian violet''; ``Gentian violet, U.S.P''; ``Mercuric iodide, red
N.F. XI''; ``Phenyl mercuric benzoate''; ``Phenyl mercuric chloride,
N.F. IX''; ``Phenyl mercuric nitrate, N.F''; ``Pine tar, U.S.P'';
``Pyridine bases''; ``Quassia, fluid extract, N.F. VII''; ``Quinine,
N.F. X''; ``Quinine dihydrochloride, N.F. XI''; ``Resorcinol
(Resorcin), U.S.P''; ``Salicylic acid, U.S.P''; ``Sodium, metallic'';
and ``Thimerosal, U.S.P'';
0
b. Removing each remaining reference to ``2-C'', ``22'', ``23-F'',
``27'', ``27-A'', ``27-B'', ``38-C'', ``39'', ``39-A'', ``42'', and
``46''; and
0
c. Revising the entries for ``Ethyl acetate'', and ``Toluene''; and
0
d. Adding entries for ``Alkylate'', ``Cornmint oil'', ``Cyclohexane'',
``Distilled lime oil'', ``Ethyl tertiary butyl ether'', ``Hexane'',
``n-Hexane'', ``High octane denaturant blend'', ``L(-)-Carvone'',
``Lemon oil'', ``Methyl tertiary butyl ether'', ``Naphtha'', ``Natural
gasoline'', ``Peppermint oil, terpeneless.'', ``Poloxamer 407 N.F.'',
``Potassium hydroxide'', ``Raffinate'', and ``Straight run gasoline''.
The revisions and additions read as follows:
Sec. 21.151 List of denaturants authorized for denatured spirits.
* * * * *
Alkylate.................................. C.D.A. 20.
* * * * *
Cornmint oil.............................. S.D.A. 38-B.
Cyclohexane............................... S.D.A. 3-A.
* * * * *
Distilled lime oil........................ S.D.A. 38-B.
* * * * *
Ethyl acetate............................. C.D.A. 35; S.D.A. 29, 35-A.
* * * * *
Ethyl tertiary butyl ether................ C.D.A. 20.
* * * * *
Hexane.................................... S.D.A. 2-B.
n-Hexane.................................. S.D.A. 2-B.
* * * * *
High octane denaturant blend.............. C.D.A. 20.
* * * * *
L(-)-Carvone.............................. S.D.A. 38-B.
* * * * *
Lemon oil................................. S.D.A. 38-B.
* * * * *
Methyl tertiary butyl ether............... C.D.A. 20.
* * * * *
Naphtha................................... C.D.A. 20.
Natural gasoline.......................... C.D.A. 20.
* * * * *
Peppermint oil, terpeneless............... S.D.A. 38-B.
* * * * *
Poloxamer 407, N.F........................ S.D.A. 38-F.
* * * * *
Potassium hydroxide....................... S.D.A. 36.
* * * * *
Raffinate................................. C.D.A. 20.
* * * * *
Straight run gasoline..................... C.D.A. 20.
* * * * *
Toluene................................... C.D.A. 12-A; S.D.A. 2-B.
* * * * *
Sec. 21.161 [Amended]
0
106. In Sec. 21.161, the table is revised by removing the entries for
``2-C'', ``3-B'', ``6-B'', ``12-A'', ``17'', ``20'', ``22'', ``23-F'',
``27'', ``27-A'', ``27-B'', ``33'', ``35 \3\'', ``35 \4\'', ``38-C'',
``39'', ``39-A'', ``42'', and ``46''.
PART 27--IMPORTATION OF DISTILLED SPIRITS, WINES, AND BEER
0
107. The authority citation for part 27 is revised to read as follows:
Authority: 5 U.S.C. 552(a), 19 U.S.C. 81c, 1202; 26 U.S.C.
5001, 5007, 5008, 5010, 5041, 5051, 5054, 5061, 5121-5124, 5201,
5205, 5207, 5232, 5273, 5301, 5313, 5555, 6302, 7805.
[[Page 59464]]
0
108. Section 27.222 is added to read as follows:
Sec. 27.222 Importation of denatured spirits and fuel alcohol.
Denatured spirits and fuel alcohol are treated as spirits for
purposes of this part and are subject to tax pursuant to Sec.
27.40(a). The tax must be paid upon importation, with only two
exceptions: Spirits may be withdrawn from customs custody free of tax
for the use of the United States under subpart M of this part; and
spirits may be withdrawn from customs custody and transferred to a
distilled spirits plant, including a bonded alcohol fuel plant, without
payment of tax under subpart L of this part. After transfer pursuant to
subpart L, denatured spirits or fuel alcohol may be withdrawn free of
tax in accordance with part 19 of this chapter if they meet the
standards to conform either to a denatured spirits formula specified in
part 21 of this chapter (for withdrawal from a regular distilled
spirits plant) or a formula specified in Sec. 19.746 of this chapter
(for withdrawal from an alcohol fuel plant). Such withdrawal is
permitted, even though the denaturation or rendering unfit for beverage
use may have occurred, in whole or in part, in a foreign country. For
purposes of this chapter, the denaturation or rendering unfit is deemed
to have occurred at the distilled spirits plant (including the alcohol
fuel plant), the proprietor of which is responsible for compliance with
part 21 or Sec. 19.746, as the case may be. Imported fuel alcohol
shall also conform to the requirements of 27 CFR 19.742.
PART 28--EXPORTATION OF LIQUORS
0
109. The authority citation for part 28 continues to read as follows:
Authority: 5 U.S.C. 552(a); 19 U.S.C. 81c, 1202; 26 U.S.C.
5001, 5007, 5008, 5041, 5051, 5054, 5061, 5121, 5122, 5201, 5205,
5207, 5232, 5273, 5301, 5313, 5555, 6302, 7805; 27 U.S.C. 203, 205,
44 U.S.C. 3504(h).
0
110. Section 28.157 is added to read as follows:
Sec. 28.157 Exportation by dealer in specially denatured spirits.
A dealer in specially denatured spirits who holds a permit under
part 20 of this chapter may export specially denatured spirits in
accordance with Sec. 20.183 of this chapter.
Signed: July 6, 2016.
John J. Manfreda,
Administrator.
Approved: July 7, 2016.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2016-20712 Filed 8-29-16; 8:45 am]
BILLING CODE 4810-31-P