Agency Information Collection Activities; Submission for OMB Review; Comment Request; Multiple Tax and Trade Bureau Information Collection Requests, 53954-53957 [2018-23284]
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Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices
submitted an application to reduce
benefits under the plan in accordance
with the Multiemployer Pension Reform
Act of 2014 (MPRA). The purpose of
this notice is to announce that the
application submitted by the Board of
Trustees of the Western Pennsylvania
Teamsters & Employers Pension Fund
has been published on the website of
the Department of the Treasury
(Treasury), and to request public
comments on the application from
interested parties, including
participants and beneficiaries, employee
organizations, and contributing
employers of the Western Pennsylvania
Teamsters & Employers Pension Fund.
DATES: Comments must be received by
December 10, 2018.
ADDRESSES: You may submit comments
electronically through the Federal
eRulemaking Portal at https://
www.regulations.gov, in accordance
with the instructions on that site.
Electronic submissions through
www.regulations.gov are encouraged.
Comments may also be mailed to the
Department of the Treasury, MPRA
Office, 1500 Pennsylvania Avenue NW,
Room 1224, Washington, DC 20220,
Attn: Danielle Norris. Comments sent
via facsimile or email will not be
accepted.
Additional Instructions. All
comments received, including
attachments and other supporting
materials, will be made available to the
public. Do not include any personally
identifiable information (such as your
Social Security number, name, address,
or other contact information) or any
other information in your comment or
supporting materials that you do not
want publicly disclosed. Treasury will
make comments available for public
inspection and copying on
www.regulations.gov or upon request.
Comments posted on the internet can be
retrieved by most internet search
engines.
FOR FURTHER INFORMATION CONTACT: For
information regarding the application
from the Western Pennsylvania
Teamsters & Employers Pension Fund,
please contact Treasury at (202) 622–
1534 (not a toll-free number).
SUPPLEMENTARY INFORMATION: MPRA
amended the Internal Revenue Code to
permit a multiemployer plan that is
projected to have insufficient funds to
reduce pension benefits payable to
participants and beneficiaries if certain
conditions are satisfied. In order to
reduce benefits, the plan sponsor is
required to submit an application to the
Secretary of the Treasury, which must
be approved or denied in consultation
with the Pension Benefit Guaranty
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Corporation (PBGC) and the Department
of Labor.
On September 24, 2018, the Board of
Trustees of the Western Pennsylvania
Teamsters & Employers Pension Fund
submitted an application for approval to
reduce benefits under the plan. As
required by MPRA, that application has
been published on Treasury’s website at
https://www.treasury.gov/services/
Pages/Plan-Applications.aspx. Treasury
is publishing this notice in the Federal
Register, in consultation with PBGC and
the Department of Labor, to solicit
public comments on all aspects of the
Western Pennsylvania Teamsters &
Employers Pension Fund application.
Comments are requested from
interested parties, including
participants and beneficiaries, employee
organizations, and contributing
employers of the Western Pennsylvania
Teamsters & Employers Pension Fund.
Consideration will be given to any
comments that are timely received by
Treasury.
Dated: October 22, 2018.
David Kautter,
Assistant Secretary for Tax Policy.
[FR Doc. 2018–23433 Filed 10–24–18; 8:45 am]
BILLING CODE 4810–25–P
DEPARTMENT OF THE TREASURY
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Multiple
Tax and Trade Bureau Information
Collection Requests
Departmental Offices, U.S.
Department of the Treasury.
ACTION: Notice.
AGENCY:
The Department of the
Treasury will submit the following
information collection requests to the
Office of Management and Budget
(OMB) for review and clearance in
accordance with the Paperwork
Reduction Act of 1995, on or after the
date of publication of this notice. The
public is invited to submit comments on
these requests.
DATES: Comments should be received on
or before November 26, 2018 to be
assured of consideration.
ADDRESSES: Send comments regarding
the burden estimate, or any other aspect
of the information collection, including
suggestions for reducing the burden, to
(1) Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attention: Desk Officer for
Treasury, New Executive Office
Building, Room 10235, Washington, DC
20503, or email at OIRA_Submission@
SUMMARY:
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OMB.EOP.gov and (2) Treasury PRA
Clearance Officer, 1750 Pennsylvania
Ave. NW, Suite 8100, Washington, DC
20220, or email at PRA@treasury.gov.
FOR FURTHER INFORMATION CONTACT:
Copies of the submissions may be
obtained from Jennifer Quintana by
emailing PRA@treasury.gov, calling
(202) 622–0489, or viewing the entire
information collection request at
www.reginfo.gov.
SUPPLEMENTARY INFORMATION:
Tax and Trade Bureau (TTB)
1. Title: Brewer’s Report of Operations
and Quarterly Brewer’s Report of
Operations.
OMB Control Number: 1513–0007.
Type of Review: Extension without
change of a currently approved
collection.
Description: The Internal Revenue
Code (IRC) at 26 U.S.C. 5415 requires
that all brewers furnish reports of
operations and transactions in the form,
at the times, and for such periods as the
Secretary of the Treasury prescribes by
regulation. Under that authority, the
TTB regulations require brewers to file
monthly operations reports using TTB F
5130.9, Brewer’s Report of Operations, if
they anticipate an annual Federal excise
tax liability of $50,000 or more for beer
in a given calendar year. For brewers
that anticipate a liability of less than
$50,000 for such taxes in a given year
and that had such liability the previous
year, the TTB regulations require such
brewers to file quarterly operations
reports using TTB F 5130.9 or the
simplified TTB F 5130.26, Quarterly
Brewer’s Report of Operations. The
information collected from brewers on
their operations reports regarding the
amount of beer they produce, receive,
return, remove, transfer, destroy, or
otherwise gain or dispose of is necessary
to protect the revenue and ensure
compliance with statutory and
regulatory requirements.
Form: TTB F 5130.26sm, TTB F
5130.9.
Affected Public: Businesses or other
for-profits.
Estimated Number of Respondents:
5,300.
Frequency of Response: Monthly,
Quarterly.
Estimated Total Number of Annual
Responses: 25,440.
Estimated Time per Response: 45
minutes.
Estimated Total Annual Burden
Hours: 19,080.
2. Title: Application and Permit to
Ship Liquors and Articles of Puerto
Rican Manufacture Taxpaid to the
United States.
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OMB Control Number: 1513–0008.
Type of Review: Extension without
change of a currently approved
collection.
Description: The IRC at 26 U.S.C.
7652 provides that products of Puerto
Rican manufacture shipped to the
United States and withdrawn for
consumption or sale are subject to a tax
equal to the internal revenue tax
imposed on like products manufactured
in the United States, and that the taxes
collected on such products are to be
covered (transferred) into the Treasury
of Puerto Rico. Under the TTB
regulations in 27 CFR part 26,
applicants use form TTB F 5170.7 to
apply for, and to document, the
shipment of tax-paid or tax-determined
Puerto Rican spirits to the United States.
The form documents the specific spirits
and articles to be shipped, the amounts
shipped and received, and the amount
of tax, and it identifies the consignor in
Puerto Rico and consignee in the United
States. TTB uses the information to
verify the accuracy of prepayments of
excise tax and semimonthly payments
of deferred excise taxes, and to maintain
the account of revenue to be transferred
into the Treasury of Puerto Rico. This
information is necessary to protect the
revenue.
Form: TTB F 5170.7.
Affected Public: Businesses or other
for-profits.
Estimated Number of Respondents:
20.
Frequency of Response: On occasion.
Estimated Total Number of Annual
Responses: 2,120.
Estimated Time per Response: 30
minutes.
Estimated Total Annual Burden
Hours: 1,060.
3. Title: Application for Basic Permit
under the Federal Alcohol
Administration Act.
OMB Control Number: 1513–0018.
Type of Review: Revision of a
currently approved collection.
Description: Section 103 of the
Federal Alcohol Administration Act
(FAA Act, 27 U.S.C. 203) requires that
a person must apply to the Secretary of
the Treasury for a ‘‘basic permit’’ before
beginning business as: (1) An importer
into the United States of distilled
spirits, wine, or malt beverages, (2) a
producer of distilled spirits or wine, or
(3) a wholesaler of distilled spirits,
wine, or malt beverages. In addition,
section 104 of the FAA Act (27 U.S.C.
204(c)) prescribes who is entitled to a
basic permit, and it authorizes the
Secretary to prescribe the manner and
form of, and the information required
in, basic permit applications. Under
these authorities, the TTB regulations in
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27 CFR part 1, subpart C, require that
new applications for FAA Act basic
permits must be made on form TTB F
5100.24. This application enables TTB
to determine the location of the
proposed business, the extent of its
operations, and if the applicant is
qualified under the FAA Act to receive
a basic permit.
Form: TTB F 5100.24.
Affected Public: Businesses or other
for-profits.
Estimated Number of Respondents:
6,000.
Frequency of Response: Annually.
Estimated Total Number of Annual
Responses: 6,000.
Estimated Time per Response: 1 hour
(electronic submission), 1.5 hours
(paper submission).
Estimated Total Annual Burden
Hours: 6,750.
4. Title: Formula and Process for
Nonbeverage Products.
OMB Control Number: 1513–0021.
Type of Review: Revision of a
currently approved collection.
Description: The Internal Revenue
Code (IRC), at 26 U.S.C. 5111–5114,
authorizes drawback (refund) of excise
tax paid on distilled spirits that are
subsequently used in the manufacture
medicines, medicinal preparations, food
products, flavors, flavoring extracts, or
perfume that are unfit for beverage
purposes, and it authorizes the
Secretary to prescribe regulations to
ensure that drawback is not paid for
unauthorized purposes. Under these
authorities, TTB has issued regulations
to require that nonbeverage drawback
claimants show that the taxpaid
distilled spirits for which a drawback
claim is made were used in the
manufacture of a product unfit for
beverage use. This showing is based on
the product’s formula and process,
which is submitted on form TTB F
5154.1 or electronically via TTB’s
Formulas Online system. This
information collection is necessary to
protect the revenue as it allows TTB to
determine if a given product is unfit for
beverage use and is of a type authorized
for drawback by the IRC. This
information collection also is beneficial
to respondents as TTB’s determination
allows claimants to know in advance of
actual manufacture if a product is or is
not fit for beverage purposes and thus
eligible or not eligible for drawback. In
addition, by filing a letterhead notice,
manufacturers may adopt approved
nonbeverage product formulas for use at
other plants they operate, and they may
adopt such formulas from predecessor
proprietors.
Form: TTB F 5154.1.
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Affected Public: Businesses or other
for-profits.
Estimated Number of Respondents:
405.
Frequency of Response: On occasion.
Estimated Total Number of Annual
Responses: 14,700.
Estimated Time per Response: 30
minutes.
Estimated Total Annual Burden
Hours: 7,350.
5. Title: Environmental Information
and Supplemental Information on Water
Quality Consideration under 33 U.S.C.
1341(a).
OMB Control Number: 1513–0023.
Type of Review: Extension without
change of a currently approved
collection.
Description: To comply with
provisions of the National
Environmental Policy Act (42 U.S.C.
4332), the Federal Water Pollution
Control Act (Clean Water Act, 33 U.S.C.
1341(a)), and their implementing
regulations as found, respectively, in 40
CFR 1500.6 and 40.123.3, TTB collects
environmental and water quality
information from new and certain
amended alcohol and tobacco permit
applicants. TTB uses the environmental
information supplied on TTB F 5000.29
by an applicant regarding solid and
liquid waste, air and noise pollution,
and the like to determine if their
activities will have a significant effect
on the environment and to determine if
a formal environmental impact
statement or an environmental permit is
necessary for the proposed activities.
TTB uses the supplemental water
quality information supplied on TTB F
5000.30 by an applicant regarding
discharges of effluent into navigable
waters to determine if a certification or
waiver by the applicable State water
quality agency is required under the
Clean Water Act.
Form: TTB F 5000.29, TTB F 5000.30.
Affected Public: Businesses or other
for-profits.
Estimated Number of Respondents:
3,800.
Frequency of Response: On occasion.
Estimated Total Number of Annual
Responses: 3,800.
Estimated Time per Response: 30
minutes (electronic submission), 1 hour
(paper submission).
Estimated Total Annual Burden
Hours: 2,315.
6. Title: Application for Operating
Permit Under 26 U.S.C. 5171(d).
OMB Control Number: 1513–0040.
Type of Review: Extension without
change of a currently approved
collection.
Description: As required by the
Internal Revenue Code (IRC) at 26
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U.S.C. 5171(d), before beginning
production or operations, persons who,
for industrial use, intend to distill
spirits, denature spirits, bottle or
package, or warehouse spirits must
apply for and obtain a distilled spirits
plant (DSP) operating permit. That IRC
section also requires persons who
intend to manufacture articles using
distilled spirits, and persons who intend
to warehouse bulk spirits for non
industrial use without bottling, to obtain
a DSP operating permit. Each individual
DSP requires an operating permit,
which specifies its authorized activities.
Under that IRC authority, the TTB
regulations in 27 CFR part 19, Distilled
Spirits Plants, require persons to apply
for, and receive an operating permit
using form TTB F 5110.25 before
beginning operations. The form
identifies the name and principal
business address of the applicant, the
DSP’s location (if different from the
business address), and the operations to
be conducted at the plant. The form’s
instructions also require the applicant to
submit a statement of business
organization, information regarding the
persons with significant interest in the
business, and a list of trade names to be
used in connection with the specified
operations. Collection of this
information by TTB is necessary to
protect the revenue as it allows TTB to
determine if an applicant is qualified
under the IRC to receive an operating
basic permit. This helps ensure that DSP
proprietors are likely to operate their
businesses in conformity with Federal
laws and regulations, and limits the
illicit manufacture and sale of nontaxpaid distilled spirits and/or the
diversion of industrial alcohol to taxable
beverage use.
Form: TTB F 5110.25.
Affected Public: Businesses or other
for-profits.
Estimated Number of Respondents:
100.
Frequency of Response: On occasion.
Estimated Total Number of Annual
Responses: 100.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 100.
7. Title: Alcohol Fuel Plants (AFP)
Reports, and Miscellaneous Letterhead
Applications and Notices, Marks, and
Records.
OMB Control Number: 1513–0052.
Type of Review: Extension without
change of a currently approved
collection.
Description: Under the IRC at 26
U.S.C. 5001, distilled spirits produced
or imported into the United States are
subject to an excise tax of up to $13.50
per proof gallon. However, under 26
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U.S.C. 5214(a)(12) distilled spirits used
for fuel purposes may be withdrawn
from a distilled spirits plant (DSP) free
of tax. To protect the revenue and help
prevent diversion of alcohol fuel to
taxable beverage use, 26 U.S.C. 5181
and 5207 require a proprietor of a DSP
established as an alcohol fuel plant
(AFP) to make applications, maintain
records, and render reports as the
Secretary of the Treasury prescribes by
regulation. Under those IRC authorities,
TTB has issued AFP fuel regulations in
27 CFR, part 19, subpart X, which
require AFP proprietors to keep certain
records, provide certain notices, place
certain marks on alcohol fuel
containers, and make annual operations
reports using form TTB F 5110.75. The
information collected under these
regulations is necessary to keep AFP
permits current, to account for distilled
spirits produced for fuel purposes and
verify the spirits’ disposition, and to
evaluate requested variations from
prescribed AFP procedures.
Form: TTB F 5110.75.
Affected Public: Businesses or other
for-profits.
Estimated Number of Respondents:
1,900.
Frequency of Response: Annually, On
Occasion.
Estimated Total Number of Annual
Responses: 1,962.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 1,962.
8. Title: Tobacco Bond—Collateral,
Tobacco Bond—Surety, and Tobacco
Bond.
OMB Control Number: 1513–0103.
Type of Review: Extension without
change of a currently approved
collection.
Description: To protect the revenue,
the IRC at 26 U.S.C. 5711 requires that
every person, before commencing
business as a manufacturer of tobacco
products or cigarette papers and tubes,
or as an export warehouse proprietor,
file a bond in the amount, form, and
manner as prescribed by the Secretary
by regulation. Also, the IRC at 26 U.S.C.
7101 requires that such bonds be
guaranteed by a surety or by the deposit
of collateral in the form of United States
Treasury bonds or notes. Under these
IRC authorities, TTB has issued tobacco
bond regulations in 27 CFR parts 40 and
44. These regulations require the
prescribed persons to file a surety or
collateral bond with TTB in an amount
equivalent to the potential tax liability
of the person, within a minimum and a
maximum amount. The TTB regulations
also require a strengthening bond when
the amount of an existing bond is found
to be insufficient, and require a
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superseding bond when a current bond
is no longer valid for reasons specified
by regulation. The prescribed persons
may provide a surety bond using TTB F
5000.25 or a collateral bond using TTB
F 5000.26. TTB F 5200.29 is a
combination of those two forms, and it
currently may be used to meet TTB’s
tobacco bond requirements as an
approved alternate procedure.
Form: TTB F 5200.25, TTB F 5200.26,
TTB F 5200.29.
Affected Public: Businesses or other
for-profits.
Estimated Number of Respondents:
215.
Frequency of Response: On occasion.
Estimated Total Number of Annual
Responses: 215.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 215.
9. Title: Monthly Report—Importer of
Tobacco Products or Processed Tobacco.
OMB Control Number: 1513–0107.
Type of Review: Extension without
change of a currently approved
collection.
Description: Under the IRC at 26
U.S.C. 5722, importers of tobacco
products and of processed tobacco are
required to make reports containing
such information, in such form, at such
times, and for such periods as the
Secretary shall prescribe by regulation.
Under this authority, the TTB tobacco
import regulations in 27 CFR part 41
require importers of tobacco products
and importers of processed tobacco to
submit a monthly report on TTB F
5220.6 to account for such products on
hand, received, and removed. TTB
requires this information to protect the
revenue as it assists TTB in ensuring
that the appropriate taxes on such
products are paid. The required
information also allows TTB to
determine the amount and disposition
of tobacco products and processed
tobacco imported into the United States,
which assists TTB in preventing
diversion of tobacco products and
processed tobacco into the illegal
market.
Form: TTB F 5220.6.
Affected Public: Businesses or other
for-profits.
Estimated Number of Respondents:
280.
Frequency of Response: Monthly.
Estimated Total Number of Annual
Responses: 3,360.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 3,360.
10. Title: Formulas for Fermented
Beverage Products, TTB REC 5052/1.
OMB Control Number: 1513–0118.
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Type of Review: Extension without
change of a currently approved
collection.
Description: Under the authority of
the IRC at 26 U.S.C. 5051, 5052, and
7805, and the authority of the FAA Act
at 27 U.S.C. 205(e), the TTB regulations
in 27 CFR parts 7 and 25 require beer
and malt beverage producers and
importers to file a formula when certain
non-exempted ingredients, flavors,
colors, or processes are used to produce
a non-traditional fermented beverage
product. This information collection,
which is submitted to TTB as a written
notice, is necessary to (1) ensure that the
Federal alcohol excise tax revenue due
under the provisions of chapter 51 of
the IRC is not jeopardized for
domestically made or imported beer,
and (2) to ensure that the alcohol
beverage labeling provisions of the FAA
Act are met for imported products that
meet the FAA Act definition of malt
beverage.
Form: None.
Affected Public: Businesses or other
for-profits.
Estimated Number of Respondents:
550.
Frequency of Response: On Occasion.
Estimated Total Number of Annual
Responses: 1,650.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 1,650.
11. Title: Formula and Process for
Domestic and Imported Alcohol
Beverages.
OMB Control Number: 1513–0122.
Type of Review: Revision of a
currently approved collection.
Description: Chapter 51 of the Internal
Revenue Code (IRC, 26 U.S.C. chapter
51) governs the production,
classification, and taxation of alcohol
products, while the Federal Alcohol
Administration Act (FAA Act) at 27
U.S.C. 205(e) requires alcohol beverage
labels to provide consumers with
adequate information as to the identity
and quality of alcohol beverages, and
each statute authorizes the Secretary to
issue regulations related to such
activities. The TTB regulations issued
under those authorities require alcohol
beverage producers and importers to
obtain formula approval from TTB for
certain non-standard products to ensure
that the product is properly classified
for excise tax purposes under the IRC
and that it is properly labeled under the
FAA Act. Currently, in lieu of the
formula forms and letterhead notices
specified in the TTB regulations and
specific to each alcohol commodity
(distilled spirits, wine, and beer/malt
beverages), which are approved under
separate OMB control numbers,
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respondents may submit TTB F 5100.51
or its electronic equivalent, Formulas
Online (FONL), approved under this
OMB control number, to TTB as an
alternate procedure.
Form: TTB F 5100.51.
Affected Public: Businesses or other
for-profits.
Estimated Number of Respondents:
2,937.
Frequency of Response: On occasion.
Estimated Total Number of Annual
Responses: 14,485.
Estimated Time per Response: 2
hours.
Estimated Total Annual Burden
Hours: 28,970.
Authority: 44 U.S.C. 3501 et seq.
[FR Doc. 2018–23284 Filed 10–24–18; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Multiemployer Pension Plan
Application To Reduce Benefits
Department of the Treasury.
Notice of availability; request
for comments.
AGENCY:
ACTION:
The Board of Trustees of the
IBEW Local Union No. 237 Pension
Fund, a multiemployer pension plan,
has submitted an application to reduce
benefits under the plan in accordance
with the Multiemployer Pension Reform
Act of 2014 (MPRA). The purpose of
this notice is to announce that the
application submitted by the Board of
Trustees of the IBEW Local Union No.
237 Pension Fund has been published
on the website of the Department of the
Treasury (Treasury), and to request
public comments on the application
from interested parties, including
participants and beneficiaries, employee
organizations, and contributing
employers of the IBEW Local Union No.
237 Pension Fund.
DATES: Comments must be received by
December 10, 2018.
ADDRESSES: You may submit comments
electronically through the Federal
eRulemaking Portal at https://
www.regulations.gov, in accordance
with the instructions on that site.
Electronic submissions through
www.regulations.gov are encouraged.
Comments may also be mailed to the
Department of the Treasury, MPRA
Office, 1500 Pennsylvania Avenue NW,
Room 1224, Washington, DC 20220,
Attn: Danielle Norris. Comments sent
via facsimile or email will not be
accepted.
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Additional Instructions. All
comments received, including
attachments and other supporting
materials, will be made available to the
public. Do not include any personally
identifiable information (such as your
Social Security number, name, address,
or other contact information) or any
other information in your comment or
supporting materials that you do not
want publicly disclosed. Treasury will
make comments available for public
inspection and copying on
www.regulations.gov or upon request.
Comments posted on the internet can be
retrieved by most internet search
engines.
For
information regarding the application
from the IBEW Local Union No. 237
Pension Fund, please contact Treasury
at (202) 622–1534 (not a toll-free
number).
FOR FURTHER INFORMATION CONTACT:
Dated: October 19, 2018.
Spencer W. Clark,
Treasury PRA Clearance Officer.
SUMMARY:
53957
MPRA
amended the Internal Revenue Code to
permit a multiemployer plan that is
projected to have insufficient funds to
reduce pension benefits payable to
participants and beneficiaries if certain
conditions are satisfied. In order to
reduce benefits, the plan sponsor is
required to submit an application to the
Secretary of the Treasury, which must
be approved or denied in consultation
with the Pension Benefit Guaranty
Corporation (PBGC) and the Department
of Labor.
On September 28, 2018, the Board of
Trustees of the IBEW Local Union No.
237 Pension Fund submitted an
application for approval to reduce
benefits under the plan. As required by
MPRA, that application has been
published on Treasury’s website at
https://www.treasury.gov/services/
Pages/Plan-Applications.aspx. Treasury
is publishing this notice in the Federal
Register, in consultation with PBGC and
the Department of Labor, to solicit
public comments on all aspects of the
IBEW Local Union No. 237 Pension
Fund application.
Comments are requested from
interested parties, including
participants and beneficiaries, employee
organizations, and contributing
employers of the IBEW Local Union No.
237 Pension Fund. Consideration will
be given to any comments that are
timely received by Treasury.
SUPPLEMENTARY INFORMATION:
Dated: October 22, 2018.
David Kautter,
Assistant Secretary for Tax Policy.
[FR Doc. 2018–23434 Filed 10–24–18; 8:45 am]
BILLING CODE 4810–25–P
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Agencies
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53954-53957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23284]
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DEPARTMENT OF THE TREASURY
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Multiple Tax and Trade Bureau Information
Collection Requests
AGENCY: Departmental Offices, U.S. Department of the Treasury.
ACTION: Notice.
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SUMMARY: The Department of the Treasury will submit the following
information collection requests to the Office of Management and Budget
(OMB) for review and clearance in accordance with the Paperwork
Reduction Act of 1995, on or after the date of publication of this
notice. The public is invited to submit comments on these requests.
DATES: Comments should be received on or before November 26, 2018 to be
assured of consideration.
ADDRESSES: Send comments regarding the burden estimate, or any other
aspect of the information collection, including suggestions for
reducing the burden, to (1) Office of Information and Regulatory
Affairs, Office of Management and Budget, Attention: Desk Officer for
Treasury, New Executive Office Building, Room 10235, Washington, DC
20503, or email at [email protected] and (2) Treasury PRA
Clearance Officer, 1750 Pennsylvania Ave. NW, Suite 8100, Washington,
DC 20220, or email at [email protected].
FOR FURTHER INFORMATION CONTACT: Copies of the submissions may be
obtained from Jennifer Quintana by emailing [email protected], calling
(202) 622-0489, or viewing the entire information collection request at
www.reginfo.gov.
SUPPLEMENTARY INFORMATION:
Tax and Trade Bureau (TTB)
1. Title: Brewer's Report of Operations and Quarterly Brewer's
Report of Operations.
OMB Control Number: 1513-0007.
Type of Review: Extension without change of a currently approved
collection.
Description: The Internal Revenue Code (IRC) at 26 U.S.C. 5415
requires that all brewers furnish reports of operations and
transactions in the form, at the times, and for such periods as the
Secretary of the Treasury prescribes by regulation. Under that
authority, the TTB regulations require brewers to file monthly
operations reports using TTB F 5130.9, Brewer's Report of Operations,
if they anticipate an annual Federal excise tax liability of $50,000 or
more for beer in a given calendar year. For brewers that anticipate a
liability of less than $50,000 for such taxes in a given year and that
had such liability the previous year, the TTB regulations require such
brewers to file quarterly operations reports using TTB F 5130.9 or the
simplified TTB F 5130.26, Quarterly Brewer's Report of Operations. The
information collected from brewers on their operations reports
regarding the amount of beer they produce, receive, return, remove,
transfer, destroy, or otherwise gain or dispose of is necessary to
protect the revenue and ensure compliance with statutory and regulatory
requirements.
Form: TTB F 5130.26sm, TTB F 5130.9.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 5,300.
Frequency of Response: Monthly, Quarterly.
Estimated Total Number of Annual Responses: 25,440.
Estimated Time per Response: 45 minutes.
Estimated Total Annual Burden Hours: 19,080.
2. Title: Application and Permit to Ship Liquors and Articles of
Puerto Rican Manufacture Taxpaid to the United States.
[[Page 53955]]
OMB Control Number: 1513-0008.
Type of Review: Extension without change of a currently approved
collection.
Description: The IRC at 26 U.S.C. 7652 provides that products of
Puerto Rican manufacture shipped to the United States and withdrawn for
consumption or sale are subject to a tax equal to the internal revenue
tax imposed on like products manufactured in the United States, and
that the taxes collected on such products are to be covered
(transferred) into the Treasury of Puerto Rico. Under the TTB
regulations in 27 CFR part 26, applicants use form TTB F 5170.7 to
apply for, and to document, the shipment of tax-paid or tax-determined
Puerto Rican spirits to the United States. The form documents the
specific spirits and articles to be shipped, the amounts shipped and
received, and the amount of tax, and it identifies the consignor in
Puerto Rico and consignee in the United States. TTB uses the
information to verify the accuracy of prepayments of excise tax and
semimonthly payments of deferred excise taxes, and to maintain the
account of revenue to be transferred into the Treasury of Puerto Rico.
This information is necessary to protect the revenue.
Form: TTB F 5170.7.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 20.
Frequency of Response: On occasion.
Estimated Total Number of Annual Responses: 2,120.
Estimated Time per Response: 30 minutes.
Estimated Total Annual Burden Hours: 1,060.
3. Title: Application for Basic Permit under the Federal Alcohol
Administration Act.
OMB Control Number: 1513-0018.
Type of Review: Revision of a currently approved collection.
Description: Section 103 of the Federal Alcohol Administration Act
(FAA Act, 27 U.S.C. 203) requires that a person must apply to the
Secretary of the Treasury for a ``basic permit'' before beginning
business as: (1) An importer into the United States of distilled
spirits, wine, or malt beverages, (2) a producer of distilled spirits
or wine, or (3) a wholesaler of distilled spirits, wine, or malt
beverages. In addition, section 104 of the FAA Act (27 U.S.C. 204(c))
prescribes who is entitled to a basic permit, and it authorizes the
Secretary to prescribe the manner and form of, and the information
required in, basic permit applications. Under these authorities, the
TTB regulations in 27 CFR part 1, subpart C, require that new
applications for FAA Act basic permits must be made on form TTB F
5100.24. This application enables TTB to determine the location of the
proposed business, the extent of its operations, and if the applicant
is qualified under the FAA Act to receive a basic permit.
Form: TTB F 5100.24.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 6,000.
Frequency of Response: Annually.
Estimated Total Number of Annual Responses: 6,000.
Estimated Time per Response: 1 hour (electronic submission), 1.5
hours (paper submission).
Estimated Total Annual Burden Hours: 6,750.
4. Title: Formula and Process for Nonbeverage Products.
OMB Control Number: 1513-0021.
Type of Review: Revision of a currently approved collection.
Description: The Internal Revenue Code (IRC), at 26 U.S.C. 5111-
5114, authorizes drawback (refund) of excise tax paid on distilled
spirits that are subsequently used in the manufacture medicines,
medicinal preparations, food products, flavors, flavoring extracts, or
perfume that are unfit for beverage purposes, and it authorizes the
Secretary to prescribe regulations to ensure that drawback is not paid
for unauthorized purposes. Under these authorities, TTB has issued
regulations to require that nonbeverage drawback claimants show that
the taxpaid distilled spirits for which a drawback claim is made were
used in the manufacture of a product unfit for beverage use. This
showing is based on the product's formula and process, which is
submitted on form TTB F 5154.1 or electronically via TTB's Formulas
Online system. This information collection is necessary to protect the
revenue as it allows TTB to determine if a given product is unfit for
beverage use and is of a type authorized for drawback by the IRC. This
information collection also is beneficial to respondents as TTB's
determination allows claimants to know in advance of actual manufacture
if a product is or is not fit for beverage purposes and thus eligible
or not eligible for drawback. In addition, by filing a letterhead
notice, manufacturers may adopt approved nonbeverage product formulas
for use at other plants they operate, and they may adopt such formulas
from predecessor proprietors.
Form: TTB F 5154.1.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 405.
Frequency of Response: On occasion.
Estimated Total Number of Annual Responses: 14,700.
Estimated Time per Response: 30 minutes.
Estimated Total Annual Burden Hours: 7,350.
5. Title: Environmental Information and Supplemental Information on
Water Quality Consideration under 33 U.S.C. 1341(a).
OMB Control Number: 1513-0023.
Type of Review: Extension without change of a currently approved
collection.
Description: To comply with provisions of the National
Environmental Policy Act (42 U.S.C. 4332), the Federal Water Pollution
Control Act (Clean Water Act, 33 U.S.C. 1341(a)), and their
implementing regulations as found, respectively, in 40 CFR 1500.6 and
40.123.3, TTB collects environmental and water quality information from
new and certain amended alcohol and tobacco permit applicants. TTB uses
the environmental information supplied on TTB F 5000.29 by an applicant
regarding solid and liquid waste, air and noise pollution, and the like
to determine if their activities will have a significant effect on the
environment and to determine if a formal environmental impact statement
or an environmental permit is necessary for the proposed activities.
TTB uses the supplemental water quality information supplied on TTB F
5000.30 by an applicant regarding discharges of effluent into navigable
waters to determine if a certification or waiver by the applicable
State water quality agency is required under the Clean Water Act.
Form: TTB F 5000.29, TTB F 5000.30.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 3,800.
Frequency of Response: On occasion.
Estimated Total Number of Annual Responses: 3,800.
Estimated Time per Response: 30 minutes (electronic submission), 1
hour (paper submission).
Estimated Total Annual Burden Hours: 2,315.
6. Title: Application for Operating Permit Under 26 U.S.C. 5171(d).
OMB Control Number: 1513-0040.
Type of Review: Extension without change of a currently approved
collection.
Description: As required by the Internal Revenue Code (IRC) at 26
[[Page 53956]]
U.S.C. 5171(d), before beginning production or operations, persons who,
for industrial use, intend to distill spirits, denature spirits, bottle
or package, or warehouse spirits must apply for and obtain a distilled
spirits plant (DSP) operating permit. That IRC section also requires
persons who intend to manufacture articles using distilled spirits, and
persons who intend to warehouse bulk spirits for non industrial use
without bottling, to obtain a DSP operating permit. Each individual DSP
requires an operating permit, which specifies its authorized
activities. Under that IRC authority, the TTB regulations in 27 CFR
part 19, Distilled Spirits Plants, require persons to apply for, and
receive an operating permit using form TTB F 5110.25 before beginning
operations. The form identifies the name and principal business address
of the applicant, the DSP's location (if different from the business
address), and the operations to be conducted at the plant. The form's
instructions also require the applicant to submit a statement of
business organization, information regarding the persons with
significant interest in the business, and a list of trade names to be
used in connection with the specified operations. Collection of this
information by TTB is necessary to protect the revenue as it allows TTB
to determine if an applicant is qualified under the IRC to receive an
operating basic permit. This helps ensure that DSP proprietors are
likely to operate their businesses in conformity with Federal laws and
regulations, and limits the illicit manufacture and sale of non-taxpaid
distilled spirits and/or the diversion of industrial alcohol to taxable
beverage use.
Form: TTB F 5110.25.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 100.
Frequency of Response: On occasion.
Estimated Total Number of Annual Responses: 100.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden Hours: 100.
7. Title: Alcohol Fuel Plants (AFP) Reports, and Miscellaneous
Letterhead Applications and Notices, Marks, and Records.
OMB Control Number: 1513-0052.
Type of Review: Extension without change of a currently approved
collection.
Description: Under the IRC at 26 U.S.C. 5001, distilled spirits
produced or imported into the United States are subject to an excise
tax of up to $13.50 per proof gallon. However, under 26 U.S.C.
5214(a)(12) distilled spirits used for fuel purposes may be withdrawn
from a distilled spirits plant (DSP) free of tax. To protect the
revenue and help prevent diversion of alcohol fuel to taxable beverage
use, 26 U.S.C. 5181 and 5207 require a proprietor of a DSP established
as an alcohol fuel plant (AFP) to make applications, maintain records,
and render reports as the Secretary of the Treasury prescribes by
regulation. Under those IRC authorities, TTB has issued AFP fuel
regulations in 27 CFR, part 19, subpart X, which require AFP
proprietors to keep certain records, provide certain notices, place
certain marks on alcohol fuel containers, and make annual operations
reports using form TTB F 5110.75. The information collected under these
regulations is necessary to keep AFP permits current, to account for
distilled spirits produced for fuel purposes and verify the spirits'
disposition, and to evaluate requested variations from prescribed AFP
procedures.
Form: TTB F 5110.75.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 1,900.
Frequency of Response: Annually, On Occasion.
Estimated Total Number of Annual Responses: 1,962.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden Hours: 1,962.
8. Title: Tobacco Bond--Collateral, Tobacco Bond--Surety, and
Tobacco Bond.
OMB Control Number: 1513-0103.
Type of Review: Extension without change of a currently approved
collection.
Description: To protect the revenue, the IRC at 26 U.S.C. 5711
requires that every person, before commencing business as a
manufacturer of tobacco products or cigarette papers and tubes, or as
an export warehouse proprietor, file a bond in the amount, form, and
manner as prescribed by the Secretary by regulation. Also, the IRC at
26 U.S.C. 7101 requires that such bonds be guaranteed by a surety or by
the deposit of collateral in the form of United States Treasury bonds
or notes. Under these IRC authorities, TTB has issued tobacco bond
regulations in 27 CFR parts 40 and 44. These regulations require the
prescribed persons to file a surety or collateral bond with TTB in an
amount equivalent to the potential tax liability of the person, within
a minimum and a maximum amount. The TTB regulations also require a
strengthening bond when the amount of an existing bond is found to be
insufficient, and require a superseding bond when a current bond is no
longer valid for reasons specified by regulation. The prescribed
persons may provide a surety bond using TTB F 5000.25 or a collateral
bond using TTB F 5000.26. TTB F 5200.29 is a combination of those two
forms, and it currently may be used to meet TTB's tobacco bond
requirements as an approved alternate procedure.
Form: TTB F 5200.25, TTB F 5200.26, TTB F 5200.29.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 215.
Frequency of Response: On occasion.
Estimated Total Number of Annual Responses: 215.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden Hours: 215.
9. Title: Monthly Report--Importer of Tobacco Products or Processed
Tobacco.
OMB Control Number: 1513-0107.
Type of Review: Extension without change of a currently approved
collection.
Description: Under the IRC at 26 U.S.C. 5722, importers of tobacco
products and of processed tobacco are required to make reports
containing such information, in such form, at such times, and for such
periods as the Secretary shall prescribe by regulation. Under this
authority, the TTB tobacco import regulations in 27 CFR part 41 require
importers of tobacco products and importers of processed tobacco to
submit a monthly report on TTB F 5220.6 to account for such products on
hand, received, and removed. TTB requires this information to protect
the revenue as it assists TTB in ensuring that the appropriate taxes on
such products are paid. The required information also allows TTB to
determine the amount and disposition of tobacco products and processed
tobacco imported into the United States, which assists TTB in
preventing diversion of tobacco products and processed tobacco into the
illegal market.
Form: TTB F 5220.6.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 280.
Frequency of Response: Monthly.
Estimated Total Number of Annual Responses: 3,360.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden Hours: 3,360.
10. Title: Formulas for Fermented Beverage Products, TTB REC 5052/
1.
OMB Control Number: 1513-0118.
[[Page 53957]]
Type of Review: Extension without change of a currently approved
collection.
Description: Under the authority of the IRC at 26 U.S.C. 5051,
5052, and 7805, and the authority of the FAA Act at 27 U.S.C. 205(e),
the TTB regulations in 27 CFR parts 7 and 25 require beer and malt
beverage producers and importers to file a formula when certain non-
exempted ingredients, flavors, colors, or processes are used to produce
a non-traditional fermented beverage product. This information
collection, which is submitted to TTB as a written notice, is necessary
to (1) ensure that the Federal alcohol excise tax revenue due under the
provisions of chapter 51 of the IRC is not jeopardized for domestically
made or imported beer, and (2) to ensure that the alcohol beverage
labeling provisions of the FAA Act are met for imported products that
meet the FAA Act definition of malt beverage.
Form: None.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 550.
Frequency of Response: On Occasion.
Estimated Total Number of Annual Responses: 1,650.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden Hours: 1,650.
11. Title: Formula and Process for Domestic and Imported Alcohol
Beverages.
OMB Control Number: 1513-0122.
Type of Review: Revision of a currently approved collection.
Description: Chapter 51 of the Internal Revenue Code (IRC, 26
U.S.C. chapter 51) governs the production, classification, and taxation
of alcohol products, while the Federal Alcohol Administration Act (FAA
Act) at 27 U.S.C. 205(e) requires alcohol beverage labels to provide
consumers with adequate information as to the identity and quality of
alcohol beverages, and each statute authorizes the Secretary to issue
regulations related to such activities. The TTB regulations issued
under those authorities require alcohol beverage producers and
importers to obtain formula approval from TTB for certain non-standard
products to ensure that the product is properly classified for excise
tax purposes under the IRC and that it is properly labeled under the
FAA Act. Currently, in lieu of the formula forms and letterhead notices
specified in the TTB regulations and specific to each alcohol commodity
(distilled spirits, wine, and beer/malt beverages), which are approved
under separate OMB control numbers, respondents may submit TTB F
5100.51 or its electronic equivalent, Formulas Online (FONL), approved
under this OMB control number, to TTB as an alternate procedure.
Form: TTB F 5100.51.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 2,937.
Frequency of Response: On occasion.
Estimated Total Number of Annual Responses: 14,485.
Estimated Time per Response: 2 hours.
Estimated Total Annual Burden Hours: 28,970.
Authority: 44 U.S.C. 3501 et seq.
Dated: October 19, 2018.
Spencer W. Clark,
Treasury PRA Clearance Officer.
[FR Doc. 2018-23284 Filed 10-24-18; 8:45 am]
BILLING CODE 4810-31-P