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Federal Register /Vol. 75, No. 140/Thursday, July 22, 2010

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					                                                                           Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules                                         42659

                                                  posted vertical clearance; minimum                       § 650.517    Reference Manual.                        information on how to request a public
                                                  cross-sectional width; lane width(s);                      ‘‘The Federal Highway Administration                hearing.
                                                  shoulder width(s); and pavement type.                    and Federal Transit Administration                      You may view copies of this advance
                                                     (3) Interior tunnel structural features.              Highway and Rail Transit Tunnel                       notice, selected supporting materials,
                                                  Tunnel shape (e.g., circular, rectangular,               Inspection Manual,’’ 2005 edition,                    and any comments we receive about this
                                                  horseshoe, oval); ground conditions                      available in electronic format at http://             proposal at http://www.regulations.gov
                                                  (e.g., soft ground, soft rock, hard rock,                www.fhwa.dot.gov/bridge/tunnel/                       within Docket No. TTB–2010–0004. A
                                                  mixed face); ceiling type (e.g., structural              management/, is incorporated by                       direct link to this docket is posted on
                                                  lining, integral box, suspended panel);                  reference herein.                                     the TTB Web site at http://www.ttb.gov/
                                                  finish lining type (e.g., tiles, metal                                                                         tobacco/tobacco-rulemaking.shtml
                                                                                                           [FR Doc. 2010–17787 Filed 7–21–10; 8:45 am]
                                                  panels, precast panels, masonry block,                                                                         under Notice No. 106. You also may
                                                                                                           BILLING CODE 4910–22–P
                                                  shotcrete or gunite, coating or paint);                                                                        view copies of this advance notice, any
                                                  and primary tunnel support lining.                                                                             supporting materials, and any
                                                                                                                                                                 comments we receive about this
                                                     (4) Portal structural features. Portal                DEPARTMENT OF THE TREASURY                            proposal by appointment at the TTB
                                                  types (e.g., cast-in place or precast
                                                                                                                                                                 Information Resource Center, 1310 G
                                                  concrete, stone masonry, bare rock); and                 Alcohol and Tobacco Tax and Trade                     Street, NW., Washington, DC 20220.
                                                  portal shapes (e.g., circular, rectangular,              Bureau                                                Please call 202–453–2270 to make an
                                                  horseshoe, oval).
                                                                                                                                                                 appointment.
                                                     (b) Preliminary assessment of tunnel                  27 CFR Parts 40, 41, 44, 45, and 46
                                                  condition. (1) Using data from the most                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                           [Docket No. TTB–2010–0004; Notice No.                 Amy R. Greenberg, Regulations and
                                                  recent inspection, each State or Federal                 106]
                                                  agency must rate the structural and                                                                            Rulings Division, Alcohol and Tobacco
                                                  functional systems in its tunnels, where                 RIN 1513–AB78                                         Tax and Trade Bureau (202–453–2099).
                                                  applicable, from 0 to 9 in accordance                                                                          SUPPLEMENTARY INFORMATION:
                                                  with the chart on page 4–12 of the                       Standards for Pipe Tobacco and Roll-
                                                                                                           Your-Own Tobacco; Request for Public                  Background
                                                  Highway and Rail Transit Tunnel
                                                  Inspection Manual and submit the data                    Comment                                               TTB Authority
                                                  to FHWA within 90 days of the effective                  AGENCY: Alcohol and Tobacco Tax and                     Chapter 52 of the Internal Revenue
                                                  date of this rule.                                       Trade Bureau, Treasury.                               Code of 1986 (IRC) sets forth the Federal
                                                     (2) A system rated 3 or below is                      ACTION: Advance notice of proposed
                                                                                                                                                                 excise tax and related provisions that
                                                  considered a critical finding. The State                 rulemaking; solicitation of comments.                 apply to tobacco products and
                                                  or Federal agency must file a follow-up                                                                        processed tobacco manufactured in, or
                                                  plan with the FHWA within 30 days of                     SUMMARY:  The Alcohol and Tobacco Tax                 imported into, the United States.
                                                  identification of a critical finding and                 and Trade Bureau requests public                      Section 5702(c) of the IRC (26 U.S.C.
                                                  the actions taken to address all critical                comments on standards that have been                  5702(c)) defines the term ‘‘tobacco
                                                  findings.                                                proposed to distinguish between pipe                  products’’ as ‘‘cigars, cigarettes,
                                                     (c) Updates to preliminary findings.                  tobacco and roll-your-own tobacco for                 smokeless tobacco, pipe tobacco, and
                                                  Upon performing an initial inspection of                 Federal excise tax purposes based upon                roll-your-own tobacco.’’ Each of these
                                                  a tunnel under § 650.511(a), each State                  certain physical characteristics of the               terms is also separately defined in
                                                  or Federal agency shall notify the                       two products. We also request                         section 5702.
                                                  FHWA of any updates to the                               comments on any other physical                          Regulations implementing the
                                                  information provided under subsections                   characteristics that may be used for such             provisions of chapter 52 of the IRC are
                                                  (a) and (b) of this section.                             purposes.                                             contained in 27 CFR parts 40
                                                     (d) Tunnel inventory. Each State or                   DATES: We must receive written
                                                                                                                                                                 (Manufacture of tobacco products,
                                                  Federal agency must prepare, maintain,                   comments on or before September 20,                   cigarette papers and tubes, and
                                                  and make available to the FHWA upon                      2010.                                                 processed tobacco), 41 (Importation of
                                                  request, an inventory of all tunnels                                                                           tobacco products, cigarette papers and
                                                                                                           ADDRESSES:   You may send comments on                 tubes, and processed tobacco), 44
                                                  subject to the NTIS reflecting the                       this advance notice to one of the
                                                  findings of the tunnel inspections.                                                                            (Exportation of tobacco products and
                                                                                                           following addresses:                                  cigarette papers and tubes, without
                                                     (e) Data entry for inspections. For all                  • http://www.regulations.gov (via the              payment of tax, or with drawback of
                                                  inspections, enter the tunnel data into                  online comment form for this advance                  tax), 45 (Removal of tobacco products
                                                  the State or Federal agency inventory                    notice as posted within Docket No.                    and cigarette papers and tubes, without
                                                  within 90 days of the date of inspection.                TTB–TTB–2010–0004 at                                  payment of tax, for use of the United
                                                     (f) Data entry for tunnel modifications               ‘‘Regulations.gov,’’ the Federal                      States), and 46 (Miscellaneous
                                                  and new tunnels. For modifications to                    e-rulemaking portal);                                 regulations relating to tobacco products
                                                  existing tunnels that alter previously                      • Mail: Director, Regulations and                  and cigarette papers and tubes). These
                                                  recorded data and for new tunnels, enter                 Rulings Division, Alcohol and Tobacco                 regulations are administered by the
                                                  the data into the State or Federal agency                Tax and Trade Bureau, P.O. Box 14412,                 Alcohol and Tobacco Tax and Trade
                                                  inventory within 90 days after the
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                                                                                                           Washington, DC 20044–4412; or                         Bureau (TTB).
                                                  completion of the work.                                     • Hand Delivery/Courier in Lieu of
                                                     (g) Data entry for tunnel load                        Mail: Alcohol and Tobacco Tax and                     Children’s Health Insurance Program
                                                  restriction and closure changes. For                     Trade Bureau, 1310 G Street, NW., Suite               Reauthorization Act of 2009
                                                  changes in traffic load restriction or                   200–E, Washington, DC 20005.                              On February 4, 2009, the President
                                                  closure status, enter the data into the                     See the Public Participation section of            signed into law the Children’s Health
                                                  State or Federal agency inventory                        this advance notice for specific                      Insurance Program Reauthorization Act
                                                  within 90 days after the change in status                instructions and requirements for                     of 2009, Public Law 111–3, 123 Stat. 8
                                                  of the tunnel.                                           submitting comments, and for                          (‘‘the Act’’).


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                                                  42660                    Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules

                                                    Section 701 of the Act amended the                        The Bureau further noted that the                  prevent the misrepresentation of roll-
                                                  IRC to increase the Federal excise tax                   existing TTB regulations contained no                 your-own tobacco as pipe tobacco.
                                                  rates on tobacco products and cigarette                  standards to differentiate between roll-                 A representative for Altadis USA,
                                                  papers and tubes, effective as of April 1,               your-own tobacco and pipe tobacco                     Inc., a manufacturer and importer of
                                                  2009. The tax rates on pipe tobacco and                  beyond a repeat of the statutory                      pipe tobacco, submitted the most
                                                  roll-your-own tobacco, which had both                    definitions. In T.D. TTB–78, we                       detailed proposal regarding physical
                                                  previously been $1.0969 per pound,                       amended these definitions to                          standards in comments to Notice No. 95,
                                                  were raised to $2.8311 per pound for                     incorporate the definitional changes                  which were repeated in a separate letter
                                                  pipe tobacco and $24.78 per pound for                    contained in the Act. These definitional              to TTB’s Administrator. Stating that it
                                                  roll-your-own tobacco. See 26 U.S.C.                     changes did not include any language                  believes the new packaging
                                                  5701(f) and (g), respectively. On March                  which provides objective standards to                 requirements outlined in Notice No. 95
                                                  31, 2009, TTB published in the Federal                   readily distinguish between roll-your-                are only marginally helpful in dealing
                                                  Register (T.D. TTB–75, 74 FR 14479) a                    own tobacco and pipe tobacco. Section                 with the ‘‘misclassification problem,’’
                                                  temporary rule to amend the TTB                          5702(o) of the IRC, as amended by the                 Altadis USA, Inc. proposes that TTB
                                                  regulations to reflect the section 701                   Act, defines the term ‘‘roll-your-own                 establish standards of physical
                                                  changes. In the same issue of the                        tobacco’’ as ‘‘any tobacco, which,                    characteristics for pipe tobacco. It
                                                  Federal Register, TTB also published a                   because of its appearance, type,                      asserts that examination of physical
                                                  notice of proposed rulemaking (Notice                    packaging, or labeling, is suitable for use           characteristics is necessary to determine
                                                  No. 93, 74 FR 14506) inviting comments                   and likely to be offered to, or purchased             whether the product, by virtue of its
                                                  on the temporary regulations.                            by, consumers as tobacco for making                   ‘‘appearance’’ and ‘‘type,’’ is ‘‘suitable for
                                                    On June 22, 2009, TTB published a                      cigarettes or cigars, or for use as                   use’’ as tobacco to be smoked in a pipe,
                                                  temporary rule in the Federal Register                   wrappers thereof.’’ The term ‘‘pipe                   as described in the statutory definition
                                                  (T.D. TTB–78, 74 FR 29401) to                            tobacco’’ is defined at 26 U.S.C. 5702(n)             of pipe tobacco at 26 U.S.C. 5702(n), or
                                                  implement certain additional changes                     as ‘‘any tobacco which, because of its                as tobacco for making cigarettes or
                                                  made to the IRC by section 702 of the                    appearance, type, packaging, or labeling,             cigars, as described in the statutory
                                                  Act. In the same issue of the Federal                    is suitable for use and likely to be                  definition of roll-your-own tobacco at 26
                                                  Register, TTB also published a notice of                 offered to, or purchased by, consumers                U.S.C. 5702(o). This commenter
                                                  proposed rulemaking (Notice No. 95, 74                   as tobacco to be smoked in a pipe.’’                  therefore proposes that processed
                                                  FR 29433) inviting comments on the                          TTB recognizes that the similarity of              tobacco in its finished form be classified
                                                  temporary regulations.                                   roll-your-own tobacco and pipe tobacco                as pipe tobacco only if it meets at least
                                                                                                           and the much lower rate on pipe                       one of the following:
                                                    In an additional temporary rule,
                                                                                                                                                                    • At least 18% of its weight consists
                                                  published in the Federal Register on                     tobacco resulting from the tax rate
                                                                                                                                                                 of reducing sugars;
                                                  September 24, 2009 (T.D. TTB–81, 74                      changes made by the Act created an                       • Moisture content exceeds 22% of its
                                                  FR 48650), TTB amended certain                           incentive for persons who roll their own              weight;
                                                  temporary provisions set forth in T.D.                   cigarettes to use pipe tobacco. In T.D.                  • Its cut tobacco exceeds 1⁄8 inch in
                                                  TTB–78 by extending the length of time                   TTB–78, the agency noted that there is                width;
                                                  packages of roll-your-own tobacco and                    now a heightened need for more                           • At least 10% of its weight consists
                                                  pipe tobacco that did not comply with                    regulatory detail to clarify the difference           of Latakia, Perique, or Black Tobacco
                                                  new regulatory requirements could still                  between the two products. Because both                (USDA Type 37) or a combination
                                                  be used. This temporary rule also was                    the definition of roll-your-own tobacco               thereof; or
                                                  published concurrent with a notice of                    and the definition of pipe tobacco                       • At least 20% of its weight consists
                                                  proposed rulemaking in the same issue                    require consideration of the packaging                of flavoring, casing, or other non-
                                                  of the Federal Register (Notice No. 99,                  and labeling of the product in order to               tobacco content.
                                                  74 FR 48687) soliciting comments on                      determine the appropriate tax                            According to the commenter, any
                                                  the revision.                                            classification and because additional                 processed tobacco product that does not
                                                                                                           regulatory standards regarding the                    meet any of these criteria cannot be
                                                  Distinguishing Between Pipe Tobacco                      packaging and labeling were available,
                                                  and Roll-Your-Own Tobacco in T.D.                                                                              legitimately classified as pipe tobacco
                                                                                                           TTB amended the regulations to more                   and must be classified as roll-your-own
                                                  TTB–78                                                   clearly distinguish between the two                   tobacco.
                                                    Temporary rule T.D. TTB–78                             products on those bases. With regard to                  TTB notes that this commenter also
                                                  included new provisions regarding the                    the products’ other defining                          proposes that TTB take into
                                                  expansion of the statutory definition of                 characteristics, TTB stated that it was               consideration pre-existing or established
                                                  roll-your-own tobacco generally to                       evaluating analytical methods and other               brands for pipe tobacco and roll-your-
                                                  include cigar wrapper and filler, and                    standards that may lead to future                     own tobacco. The commenter states that
                                                  regarding the packaging and labeling of                  rulemaking proposals.                                 prior to the introduction of the relevant
                                                  pipe tobacco and roll-your-own tobacco                   Comments Received                                     tobacco tax legislation in Congress in
                                                  to better differentiate, on the basis of the                                                                   January 2009, there were no ‘‘crossover
                                                  packaging and labeling, between these                       As a result of our rulemaking actions,             brands’’, that is, ‘‘brands associated with
                                                  two types of taxable products. In T.D.                   TTB received six written submissions                  both pipe tobacco and roll-your-own
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                                                  TTB–78, TTB noted that the tax rate                      from four industry members and one                    tobacco.’’ The commenter therefore
                                                  increases adopted in section 701 of the                  consumer organization suggesting                      urged TTB to deem any processed
                                                  Act resulted in a significant difference                 specific standards that could be used to              tobacco regularly sold under a pre-
                                                  between the rate of tax imposed on roll-                 distinguish between roll-your-own                     existing brand name, trade name, or
                                                  your-own tobacco ($24.78 per pound)                      tobacco and pipe tobacco. According to                trademark predominantly associated
                                                  and the rate of tax imposed on pipe                      some of these commenters, such                        with roll-your-own tobacco, prior to
                                                  tobacco ($2.8311 per pound). Prior to                    standards are urgently needed because,                January 1, 2009, as roll-your-own
                                                  the amendments made by the Act, the                      they allege, the new packaging and                    tobacco. Similarly, any processed
                                                  two tax rates were the same.                             labeling regulations are not sufficient to            tobacco regularly sold under a pre-


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                                                                           Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules                                           42661

                                                  existing brand name, trade name, or                      Nonetheless, the commenter does                       physical characteristics that could also
                                                  trademark predominantly associated                       suggest a number of characteristics that              be used to distinguish between these
                                                  with pipe tobacco prior to January 1,                    could be used to identify pipe tobacco,               two tobacco products for tax
                                                  2009, should be deemed pipe tobacco.                     such as the inclusion of substantial                  classification purposes. Furthermore,
                                                     A representative of Top Tobacco L.P.,                 amounts of Cavendish, Latakia, or                     we invite comments on any particular
                                                  a manufacturer of roll-your-own-                         Perique tobacco, the appearance of a                  combination(s) of physical
                                                  tobacco, specifically addresses the                      broad-leaf cut tobacco blend, high                    characteristics which would distinguish
                                                  above commenter’s proposed standards                     moisture content, dense packing, burn                 between pipe tobacco and roll-your-own
                                                  for pipe tobacco in a letter to TTB’s                    inhibitors, and block or flake cut. NTC               tobacco. If a commenter can identify a
                                                  Administrator. Although the company                      states that the presence of menthol                   specific list of differentiating physical
                                                  states that it agrees with the general                   flavoring and the use of blending                     characteristics, we invite the commenter
                                                  statement of facts in the submission, it                 components such as expanded stem,                     to opine on what number of the physical
                                                  disagrees with the proposed criterion                    expanded leaf tobacco, or reconstituted               characteristics should be present in
                                                  regarding the width of the cut of the                    sheet tobacco could indicate that a                   order for the product to be classified as
                                                  tobacco. This commenter states that it                   tobacco product is intended for use as                ‘‘pipe tobacco’’ (e.g., 2 of 5, 3 of 6). In
                                                  does not believe that the width factor                   roll-your own tobacco.                                addition, we request comments
                                                  can be a reliable indicator of whether or                   In a comment to Notice No. 99 (74 FR               providing objective methods for
                                                  not a product is intended for                            48687), Extension of Package Use-Up                   analyzing whether or not a tobacco
                                                  consumption as roll-your-own tobacco                     Rule for Roll-Your-Own Tobacco and                    product meets the physical
                                                  or pipe tobacco because, according to                    Pipe Tobacco, the consumer                            characteristics discussed in this notice
                                                  the commenter, tobacco cut at 1⁄8 of an                  organization Campaign for Tobacco-Free                or any additional physical
                                                  inch can be rolled into cigarettes and,                  Kids states that the proposed packaging               characteristics suggested by the
                                                  further, consumers can use basic                         regulations do not do enough to prevent               commenter. In particular, we invite
                                                  kitchen or hardware appliances to grind                  the mislabeling of roll-your-own tobacco              commenters to provide objective
                                                  wider cut tobacco into a size suitable for               as pipe tobacco. It urges TTB to                      methods for determining the percentage
                                                  use as roll-your-own tobacco. The                        establish clear criteria to distinguish               of Cavendish, Latakia, Perique, or Black
                                                  commenter goes on to assert that width                   between those types of tobacco that may               Tobacco in a tobacco product, and for
                                                  standards proposed in Germany were                       be labeled as pipe tobacco and those                  determining the percentage of casings
                                                  not successful.                                          that may not. The group suggests that                 and flavorings on a tobacco product.
                                                     In response to Notice No. 95, the Pipe                one possibility is to require that any
                                                  Tobacco Council, Inc. (PTC) submitted a                                                                        Submitting Comments
                                                                                                           loose tobacco consisting primarily of
                                                  comment proposing that pipe tobacco                      flue-cured or burley tobacco be labeled                  You may submit comments on this
                                                  products sold as such prior to January                   and taxed as roll-your-own tobacco.                   advance notice by using one of the
                                                  1, 2009, be exempt from the proposed                                                                           following three methods:
                                                  labeling and packaging regulations. The                  TTB Response                                             • Federal e-Rulemaking Portal: You
                                                  PTC proposes that manufacturers with                        We are aware that additional                       may send comments via the online
                                                  such products certify that the products                  regulatory standards to distinguish                   comment form linked to this advance
                                                  were on the market prior to January 1,                   between roll-your-own tobacco and pipe                notice in Docket No. TTB–2010–0004 on
                                                  2009, and that TTB create and maintain                   tobacco, based on physical                            ‘‘Regulations.gov,’’ the Federal
                                                  a database of such certifications.                       characteristics, would be beneficial. It is           e-rulemaking portal, at http://
                                                  Manufacturers wishing to market any                      our primary concern that any regulatory               www.regulations.gov. A link to the
                                                  products as pipe tobacco that would be                   distinction drawn between these                       docket is available under Notice No. 106
                                                  sold to consumers for the first time on                  products be objective and enforceable.                on the TTB Web site at http://
                                                  or after January 1, 2009, would be                       To that end, TTB continues to conduct                 www.ttb.gov/tobacco/tobacco-
                                                  required to submit a sample of the                       research on the physical characteristics              rulemaking.shtml. Supplemental files
                                                  finished product to TTB along with a                     of the products that may be used to                   may be attached to comments submitted
                                                  ‘‘valid reason why the product should be                 effectively distinguish between the two               via Regulations.gov. For information on
                                                  considered pipe tobacco.’’ Such reasons                  products for tax purposes. We also                    how to use Regulations.gov, click on the
                                                  could include the product’s cut size,                    believe that soliciting comments from                 site’s Help or FAQ tabs.
                                                  casing and flavoring rates, tobacco                                                                               • U.S. Mail: You may send comments
                                                                                                           the public may assist us in developing
                                                  grades used, cut style, and moisture.                                                                          via postal mail to the Director,
                                                                                                           objective, enforceable, and not easily
                                                  Finally, PTC proposes that any brand                                                                           Regulations and Rulings Division,
                                                                                                           subverted distinctions. Accordingly, in
                                                  name or trademark that was ever sold as                                                                        Alcohol and Tobacco Tax and Trade
                                                                                                           this document we are requesting
                                                  either a roll-your-own tobacco product                                                                         Bureau, P.O. Box 14412, Washington,
                                                                                                           comments on the proposals set forth
                                                  or cigarette brand produced and sold                                                                           DC 20044–4412.
                                                                                                           above, and any additional comments, on                   • Hand Delivery/Courier: You may
                                                  after January 1, 2009, should not be
                                                                                                           the distinguishing physical                           hand-carry your comments or have them
                                                  classified as pipe tobacco.
                                                     A representative of the National                      characteristics of the two products.                  hand-carried to the Alcohol and
                                                  Tobacco Company LP (NTC), a                              Public Participation                                  Tobacco Tax and Trade Bureau, 1310 G
                                                  manufacturer of both pipe tobacco and                                                                          Street, NW., Suite 200–E, Washington,
                                                                                                           Comments Invited
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                                                  roll-your-own tobacco, in a comment to                                                                         DC 20005.
                                                  Notice No. 95, states that the constituent                 We invite comments from interested                     Please submit your comments by the
                                                  tobacco materials used in various                        members of the public on whether the                  closing date shown above in this notice.
                                                  tobacco products often overlap in terms                  physical standards discussed above                    Your comments must reference Notice
                                                  of their type and appearance. Therefore,                 under the heading ‘‘Comments                          No. 106 and include your name and
                                                  NTC believes that the type of tobacco                    Received’’ are appropriate and sufficient             mailing address. Your comments also
                                                  and the appearance of the tobacco                        for distinguishing between pipe tobacco               must be made in English, be legible, and
                                                  product are not always reliable guides to                and roll-your-own tobacco. We also                    be written in language acceptable for
                                                  the product’s suitable and intended use.                 request comments on any additional                    public disclosure. We do not


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                                                  42662                    Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules

                                                  acknowledge receipt of comments, and                     Drafting Information                                  free at 1–800–877–8339 and ask to be
                                                  we consider all comments as originals.                     Jennifer Berry of the Regulations and               connected to 202–326–4040.)
                                                     If you are commenting on behalf of an                 Rulings Division drafted this advance                 FOR FURTHER INFORMATION CONTACT:
                                                  association, business, or other entity,                  notice.                                               Margaret E. Drake, Attorney, Office of
                                                  your comment must include the entity’s                                                                         the General Counsel, Pension Benefit
                                                  name as well as your name and position                     Signed: April 28, 2010.
                                                                                                                                                                 Guaranty Corporation, 1200 K Street,
                                                  title. If you comment via                                John J. Manfreda,                                     NW., Washington, DC 20005–4026; 202–
                                                  Regulations.gov, please include the                      Administrator.                                        326–4400 (extension 3228). (For TTY/
                                                  entity’s name in the ‘‘Organization’’                      Approved: May 26, 2010.                             TDD users, call the Federal relay service
                                                  blank of the comment form. If you                        Timothy E. Skud,                                      toll-free at 1–800–877–8339 and ask to
                                                  comment via postal mail, please submit                   Deputy Assistant Secretary (Tax, Trade, and           be connected to 202–326–4400
                                                  your entity’s comment on letterhead.                     Tariff Policy) .                                      (extension 3228)).
                                                     You may also write to the                             [FR Doc. 2010–17957 Filed 7–21–10; 8:45 am]           SUPPLEMENTARY INFORMATION: This
                                                  Administrator before the comment                         BILLING CODE 4810–31–P                                proposed rule will revise and replace
                                                  closing date to ask for a public hearing.                                                                      the PBGC’s debt collection regulations
                                                  The Administrator reserves the right to                                                                        found at 29 CFR part 4903 to conform
                                                  determine whether to hold a public                                                                             to the Debt Collection Improvement Act
                                                                                                           PENSION BENEFIT GUARANTY
                                                  hearing.                                                                                                       of 1996 (DCIA), Public Law 104–134,
                                                                                                           CORPORATION
                                                  Confidentiality                                                                                                110 Stat. 1321, 1358 (April 26, 1996),
                                                                                                           29 CFR Parts 4003 and 4903                            the revised Federal Claims Collection
                                                     All submitted comments and                                                                                  Standards, 31 CFR chapter IX (parts 900
                                                  attachments are part of the public record                Debt Collection                                       through 904), and other laws applicable
                                                  and subject to disclosure. Do not                                                                              to the collection of non-tax debt owed
                                                  enclose any material in your comments                    AGENCY:  Pension Benefit Guaranty
                                                                                                                                                                 to the Government.
                                                  that you consider to be confidential or                  Corporation.
                                                  that is inappropriate for public                         ACTION: Proposed rule.                                Background
                                                  disclosure.                                                                                                      In 1994, PBGC adopted a regulation
                                                                                                           SUMMARY:   This proposed rule would                   on debt collection to provide procedures
                                                  Public Disclosure                                        revise the Pension Benefit Guaranty                   to implement administrative offset, as
                                                     On the Federal e-rulemaking portal,                   Corporation’s regulation on debt                      authorized by the Federal Claims
                                                  Regulations.gov, we will post, and the                   collection to conform to the Debt                     Collection Act of 1966, as amended by
                                                  public may view, copies of this advance                  Collection Improvement Act of 1996,                   the Debt Collection Act of 1982 (31
                                                  notice, selected supporting materials,                   the Federal Claims Collection Standards               U.S.C. 3701, et seq.), and in accordance
                                                  and any electronic or mailed comments                    and other legal requirements applicable               with regulations issued by the
                                                  we receive about this proposal. A direct                 to the collection of non-tax debts owed               Department of Justice and the General
                                                  link to the Regulations.gov docket                       to PBGC. This proposed rule would add                 Accountability Office. In 1995, PBGC
                                                  containing this advance notice and the                   salary offset and administrative wage                 adopted a regulation on debt collection
                                                  posted comments received on it is                        garnishment to the collection methods                 to provide procedures to implement tax
                                                  available on the TTB Web site at                         allowed under the current regulation                  refund offset, as required for
                                                  http://www.ttb.gov/tobacco/tobacco-                      and make other changes to strengthen                  participation in the Federal tax refund
                                                  rulemaking.shtml under Notice No. 106.                   PBGC’s debt collection program.                       offset program authorized by 31 U.S.C.
                                                  You may also reach the docket                            DATES: Comments must be received by                   3720A and in accordance with
                                                  containing this advance notice and the                   September 20, 2010.                                   regulations issued by the Treasury
                                                  posted comments received on it through                   ADDRESSES: Comments may be                            Department. Together, these regulations
                                                  the Regulations.gov search page at                       submitted by any of the following                     comprise PBGC’s current debt collection
                                                  http://www.regulations.gov.                              methods:                                              regulation (29 CFR part 4903) providing
                                                     All posted comments will display the                     • Federal eRulemaking Portal: http://              procedures for debt collection through
                                                  commenter’s name, organization (if                       www.regulations.gov. Follow the Web                   administrative offset and tax refund
                                                  any), city, and State, and, in the case of               site instructions for submitting                      offset. Administrative offset allows
                                                  mailed comments, all address                             comments.                                             PBGC to request that debts owed to
                                                  information, including e-mail addresses.                    • E-mail: reg.comments@pbgc.gov.                   PBGC by a debtor (e.g., in connection
                                                  We may omit voluminous attachments                          • Fax: 202–326–4224.                               with government contractual
                                                  or material that we consider unsuitable                     • Mail or Hand Delivery: Legislative               obligations) be offset by amounts
                                                  for posting.                                             and Regulatory Department, Pension                    another Federal agency may owe to the
                                                     You and other members of the public                   Benefit Guaranty Corporation, 1200 K                  debtor. Likewise, other Federal agencies
                                                  may view copies of this advance notice,                  Street, NW., Washington, DC 20005–                    may request the collection of debts
                                                  any related supporting materials, and                    4026.                                                 owed to them be offset by amounts
                                                  any electronic or mailed comments we                        Comments received, including                       PBGC may owe the debtor. Tax refund
                                                  receive about this proposal by                           personal information provided, will be                offset allows PBGC to request that debts
emcdonald on DSK2BSOYB1PROD with PROPOSALS




                                                  appointment at the TTB Information                       posted to http://www.pbgc.gov. Copies                 owed to PBGC by a debtor be offset by
                                                  Resource Center, 1310 G Street, NW.,                     of comments may also be obtained by                   amounts the Government may owe to
                                                  Washington, DC 20220. You may also                       writing to Disclosure Division, Office of             the debtor. The Debt Collection
                                                  obtain copies at 20 cents per 8.5 x 11                   General Counsel, Pension Benefit                      Improvement Act of 1996 (DCIA)
                                                  inch page. Contact our information                       Guaranty Corporation, 1200 K Street,                  fundamentally changed the manner in
                                                  specialist at the above address or by                    NW., Washington, DC 20005–4026, or                    which the Federal Government is
                                                  telephone at 202–453–2270 to schedule                    calling 202–326–4040 during normal                    required to manage the collection of its
                                                  an appointment or to request copies of                   business hours. (TTY and TDD users                    delinquent debts. Under DCIA, Congress
                                                  comments or other materials.                             may call the Federal relay service toll-              directed that the management of


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Description: 42659 Federal Register /Vol. 75, No. 140/Thursday, July 22, 2010/Proposed Rules posted vertical clearance; minimum cross-sectional width; lane width(s); shoulder ...