Proposed Information Collections; Comment Request (No. 73), 11867-11872 [2019-05900]
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Notices
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
[Docket No. TTB–2019–0001]
Proposed Information Collections;
Comment Request (No. 73)
Alcohol and Tobacco Tax and
Trade Bureau (TTB); Treasury.
ACTION: Notice and request for
comments.
AGENCY:
As part of our continuing
effort to reduce paperwork and
respondent burden, and as required by
the Paperwork Reduction Act of 1995,
we invite comments on the proposed or
continuing information collections
listed below in this notice.
DATES: We must receive your written
comments on or before May 28, 2019.
ADDRESSES: As described below, you
may send comments on the information
collections described in this document
using the ‘‘Regulations.gov’’ online
comment form for this document, or you
may send written comments via U.S.
mail or hand delivery. We no longer
accept public comments via email or
fax.
• Internet: To submit comments
online, use the comment form for this
document posted within Docket No.
TTB–2019–0001 on the
‘‘Regulations.gov’’ e-rulemaking website
at https://www.regulations.gov;
• U.S. Mail: Send comments to the
Paperwork Reduction Act Officer,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005.
• Hand Delivery/Courier: Delivery
comments to the Paper Reduction Act
Officer, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Suite
400, Washington, DC 20005.
Please submit separate comments for
each specific information collection
described in this document. You must
reference the information collection’s
title, form or recordkeeping requirement
number, and OMB control number (if
any) in your comment.
You may view copies of this
document, the information collections
described in it and any associated
instructions, and all comments received
in response to this document within
Docket No. TTB–2019–0001 at https://
www.regulations.gov. A link to that
docket is posted on the TTB website at
https://www.ttb.gov/forms/comment-onform.shtml. You may also obtain paper
copies of this document, the
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SUMMARY:
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information collections described in it
and any associated instructions, and any
comments received in response to this
document by contacting Michael Hoover
at the addresses or telephone number
shown below.
FOR FURTHER INFORMATION CONTACT:
Michael Hoover, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005;
202–453–1039, ext. 135; or
informationcollections@ttb.gov (please
do not submit comments to this email
address).
SUPPLEMENTARY INFORMATION:
Request for Comments
The Department of the Treasury and
its Alcohol and Tobacco Tax and Trade
Bureau (TTB), as part of their
continuing effort to reduce paperwork
and respondent burden, invite the
general public and other Federal
agencies to comment on the proposed or
continuing information collections
described below in this notice, as
required by the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Comments submitted in response to
this notice will be included or
summarized in our request for Office of
Management and Budget (OMB)
approval of the relevant information
collection. All comments are part of the
public record and subject to disclosure.
Please do not include any confidential
or inappropriate material in your
comments.
We invite comments on: (a) Whether
this information collection is necessary
for the proper performance of the
agency’s functions, including whether
the information has practical utility; (b)
the accuracy of the agency’s estimate of
the information collection’s burden; (c)
ways to enhance the quality, utility, and
clarity of the information collected; (d)
ways to minimize the information
collection’s burden on respondents,
including through the use of automated
collection techniques or other forms of
information technology; and (e)
estimates of capital or start-up costs and
costs of operation, maintenance, and
purchase of services to provide the
requested information.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information has
a valid OMB control number.
Information Collections Open for
Comment
Currently, we are seeking comments
on the following forms, letterhead
applications or notices, recordkeeping
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11867
requirements, questionnaires, or
surveys:
OMB Control No. 1513–0010
Title: Formula and Process for Wine.
TTB Form Number: TTB F 5120.29.
Abstract: Under the authority of the
Internal Revenue Code (IRC) at 26
U.S.C. 5361, 5362, and 5386–5388, TTB
regulations in 27 CFR parts 24 and 26
require persons who intend to produce
special natural wine, agricultural wine,
other than standard wine, or
nonbeverage wine to obtain TTB’s prior
approval of the formulas by which such
products will be made. Such persons
may file formula approval requests
using TTB F 5120.29, which describes
the type of product and the formula and
process by which it will be made. TTB
uses the collected information to ensure
compliance with Federal law, including
ensuring that nonbeverage wines
withdrawn free of tax under 26 U.S.C.
5362(d) are rendered unfit for beverage
use.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and there are no changes
to the collection or its related form.
However, due to changes in agency
estimates, TTB is increasing the average
number of responses submitted
annually by each respondent and the
estimated total annual burden for this
information collection.
Type of Review: Extension of a
currently-approved collection.
Affected Public: Businesses or other
for-profits.
Estimated Annual Burden
• Number of Respondents: 30.
• Average Responses per Respondent:
5 (on occasion).
• Number of Responses: 150.
• Average Per-Response Burden: 2
hours.
• Total Burden: 300 hours.
OMB Control No. 1513–0011
Title: Formula and/or Process for
Articles Made with Specially Denatured
Spirits.
TTB Form Number: TTB F 5150.19.
Abstract: In general, under the IRC at
26 U.S.C. 5214, distilled spirits used in
the manufacture of nonbeverage articles
are not subject to Federal excise tax,
and, under 26 U.S.C. 5273, persons who
intend to produce such articles using
specially denatured distilled spirits
(SDS) must obtain prior approval of
their formulas and manufacturing
processes. For medicinal preparations
and flavoring extracts intended for
internal human use, that section also
prohibits SDS from remaining in the
finished articles. Therefore, the TTB
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regulations in 27 CFR part 20 require
persons to file formula and process
approval requests, using TTB F 5150.19,
for articles made with SDS. To protect
the revenue and ensure compliance
with the IRC and TTB regulations, TTB
personnel examine the collected
information to verify that the described
articles are nonbeverage products made
in compliance with 26 U.S.C. 5273. TTB
field personnel also may compare
manufacturing records to approved
formulas to verify that such articles are
being made in accordance with their
approved formulas and processes.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and there are no changes
to the collection, its related form, or its
estimated burden.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
Estimated Annual Burden
• Number of Respondents: 1,132.
• Average Responses per Respondent:
1 (on occasion).
• Number of Responses: 1,132.
• Average Per-Response Burden: 44
minutes.
• Total Burden: 830 hours.
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OMB Control No. 1513–0012
Title: User’s Report of Denatured
Spirits.
TTB Form Number: TTB F 5150.18.
Abstract: The IRC at 26 U.S.C. 5214
allows the tax-free withdrawal of
denatured distilled spirits from a
distilled spirits plant (DSP), and, at 26
U.S.C. 5275, it requires persons
procuring, dealing in, or using specially
denatured (SDS), or recovering specially
denatured or completely denatured
distilled spirits, to maintain records and
file reports as the Secretary of the
Treasury (Secretary) may prescribe by
regulation. The TTB regulations in 27
CFR part 20 require persons who use or
recover SDS or articles, or who use
recovered completely denatured spirits
or articles, to file a report once annually
using TTB F 5150.18 to account for their
use of such denatured spirits in specific
approved formulas during the period
July 1 through June 30. The regulations
also require such persons to file a final
report when discontinuing business.
The collected information is necessary
to protect the revenue as it allows TTB
to detect diversion of tax-free denatured
spirits to taxable proposes by users of
such spirits. TTB also uses the required
information to ensure users of such
spirits comply with Federal law and
regulations.
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Current Actions: TTB is submitting
this information collection for extension
purposes only, and there are no changes
to the collection or its related form.
However, due to change in agency
estimates, TTB is increasing slightly the
number of annual respondents,
responses, and burden hours reported
for this information collection.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
Estimated Annual Burden
• Number of Respondents: 3,600.
• Average Responses per Respondent:
1 (once annually).
• Number of Responses: 3,600.
• Average per Response Burden: 18
minutes.
• Total Burden: 1,080 hours.
OMB Control No. 1513–0014
Title: Power of Attorney.
TTB Form Number: TTB F 5000.8.
Abstract: The IRC at 26 U.S.C. 6061
provides that any return, statement, or
other document submitted under the
IRC’s provisions must be signed in
accordance with the forms or
regulations prescribed by the Secretary.
Also, the Federal Alcohol
Administration Act (FAA Act) at 27
U.S.C. 204(c) authorizes the Secretary to
prescribe the manner and form of
applications for basic permits issued
under the Act. Under those authorities,
the TTB regulations require individuals
signing documents and forms filed with
TTB on behalf of an applicant or
principal to have specific authority to
do so. As such, applicants and
principals use TTB F 5000.8 to delegate
such authority to a designated
individual and to report that delegation
to TTB. Many documents and forms
submitted to TTB are legally binding
and have penalties for omissions or
falsification, and TTB uses the collected
information to determine who legally
represents an applicant or permittee
doing business with the agency.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and there are no changes
to the collection, its related form, or its
estimated burden.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits.
Estimated Annual Burden
• Number of Respondents: 5,000.
• Average Responses per Respondent:
2 (on occasion).
• Number of Responses: 10,000.
• Average per Response Burden: 19.5
minutes.
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• Total Burden: 3,250 hours.
OMB Control No. 1513–0024
Title: Report—Export Warehouse
Proprietor.
TTB Form Number: TTB F 5220.4.
Abstract: In general, under chapter 52
of the IRC, tobacco products and
cigarette papers and tubes manufactured
in, or imported into, the United States
are subject to Federal excise tax while
tobacco products and cigarette papers
and tubes removed for export, and all
processed tobacco, are not subject to
that tax. Additionally, the IRC at 26
U.S.C. 5722 requires export warehouse
proprietors to provide reports regarding
such articles, in such form, at such
times, and for such periods as the
Secretary prescribes by regulation.
Under that authority, the TTB
regulations in 27 CFR part 44 require
export warehouse proprietors to file a
monthly operations report using TTB F
5220.4, listing the amount of tobacco
products, cigarette papers and tubes,
and processed tobacco received,
removed, lost, or unaccounted for
during a given month. The collected
information is necessary to protect the
revenue as it allows TTB to detect
diversion of those untaxed articles to
taxable uses. These reports also allow
TTB to verify compliance with Federal
laws and regulations related to the
removal and export of such articles.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and there are no changes
to the collection, its related form, or its
estimated burden.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits.
Estimated Annual Burden
• Number of Respondents: 82.
• Average Responses per Respondent:
12 (monthly).
• Number of Responses: 984.
• Average per Response Burden: 1
hours.
• Total Burden: 984 hours.
OMB Control No. 1513–0029
Title: Certificate of Tax
Determination—Wine.
TTB Form Number: TTB F 5120.20.
Abstract: The IRC at 26 U.S.C. 5062
authorizes drawback (refund) of the
Federal excise tax on distilled spirits
and wines exported from the United
States, under regulations prescribed by
the Secretary regarding evidence of the
product’s tax payment or determination
and exportation. Under that authority,
the TTB regulations in 27 CFR part 28
require drawback claims filed by wine
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exporters to be accompanied by the
producer’s or bottler’s certification, filed
on TTB F 5120.20, that the listed wines
were produced in the United States and
taxpaid or determined upon
withdrawal. The collected information
is necessary to protect the revenue as it
allows TTB to prevent the payment of
unverified drawback claims.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and there are no changes
to the collection, its related form, or its
estimated burden.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits.
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Estimated Annual Burden
• Number of Respondents: 30.
• Average Responses per Respondent:
33.33 (on occasion).
• Number of Responses: 1,000.
• Average per Response Burden: 30
minutes.
• Total Burden: 500 hours.
OMB Control No. 1513–0039
Title: Distilled Spirits Plants
Warehousing Records (TTB REC 5110/
02), and Monthly Report of Storage
Operations.
TTB Form Number: TTB F 5110.11.
TTB Recordkeeping Number: REC
5110/02.
Abstract: The IRC at 26 U.S.C. 5207
requires DSP proprietors to maintain
records and submit reports of their
production, storage, denaturation, and
processing activities as required under
regulations prescribed by the Secretary.
Under that IRC authority, the TTB
regulations in 27 CFR part 19 require
DSP proprietors to keep certain records
regarding their warehousing operations.
Those regulations also require DSP
proprietors to report a summary of their
storage operations, based on the
required records, to TTB on a monthly
basis using form TTB F 5110.11.
Because, under 26 U.S.C. 5005(c), a DSP
proprietor is liable for the Federal excise
tax for all distilled spirits stored on the
plant’s premises, the required records
and report are necessary to protect the
revenue. The required records and
reports also allow TTB to ensure
compliance with Federal law and
regulations.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and there are no changes
to the collection or its related form.
However, due to continued growth in
the distilled spirits industry, TTB is
increasing the number of annual
respondents, responses, and burden
hours reported for this information
collection.
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Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
Estimated Annual Burden
• Number of Respondents: 2,300.
• Average Responses per Respondent:
12 (monthly).
• Number of Responses: 27,600.
• Average per Response Burden: 2
hours (1 hour of recordkeeping and 1
hour of reporting).
• Total Burden: 55,200 hours.
OMB Control No. 1513–0049
Title: Distilled Spirits Plant
Denaturation Records (TTB REC 5110/
04), and Monthly Report of Processing
Operations.
TTB Form Number: TTB F 5110.43.
TTB Recordkeeping Number: REC
5110/04.
Abstract: The IRC, at 26 U.S.C. 5207,
requires distilled spirits plant (DSP)
proprietors to maintain records and
submit reports of their production,
storage, denaturation, and processing
activities, and, at 26 U.S.C. 5214, it
authorizes the withdrawal of denatured
distilled spirits from a DSP free of tax
for certain specified uses, all subject
regulations prescribed by the Secretary
of the Treasury. Under those IRC
authorities, the TTB regulations in 27
CFR part 19 require DSP proprietors to
keep certain records regarding their
production, loss, receipt, transfer, and
withdrawal of denatured spirits. Using
the required records, those regulations
also require DSP proprietors to report a
summary of their daily denaturing
(processing) activities to TTB on a
monthly basis using form TTB F
5110.43. Because denatured spirits may
be removed from a DSP free of tax, a full
accounting of a DSP’s denaturation
operations is necessary to protect the
revenue. The required records and
reports allow TTB to detect and prevent
diversion of denatured spirits to taxable
uses, ensure compliance with Federal
law and regulations, and compile
industry statistics.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and there are no changes
to the collection or its related form.
However, due to continued growth in
the distilled spirits industry, TTB is
increasing the number of annual
respondents, responses, and burden
hours reported for this information
collection.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
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Estimated Annual Burden
• Number of Respondents: 390.
• Average Responses per Respondent:
12 (monthly).
• Number of Responses: 4,680.
• Average per Response Burden: 1
hour (1⁄2 hour of recordkeeping and 1⁄2
hour of reporting).
• Total Burden: 4,680 hours.
OMB Control No. 1513–0060
Title: Letterhead Applications and
Notices Relating to Tax-Free Alcohol
(TTB REC 5150/04).
TTB Recordkeeping Number: REC
5150/04.
Abstract: The IRC at 26 U.S.C. 5214
provides for the tax-free withdrawal of
distilled spirits from a DSP for certain
nonbeverage purposes, including for use
by educational institutions, laboratories,
hospitals, clinics, and blood banks, and
by State, local, and tribal governments,
subject to regulations prescribed by the
Secretary. Under that authority, the TTB
regulations in 27 CFR part 22 require
users of tax-free alcohol to submit
certain letterhead applications and
notices, which serve as qualifying
documents for specific regulated
activities or as amendments to
previously-filed documents. The
collected information is necessary to
protect the revenue and ensure
compliance with Federal laws and
regulations regarding tax-free alcohol as
it allows TTB to detect diversion of taxfree alcohol to taxable beverage use and
ensure lawful use of such alcohol. In
general, activities posing a greater
jeopardy to the revenue require a
letterhead application and TTB
approval before the respondent begins
the activity, while activities posing less
jeopardy to the revenue require a
letterhead notice stating that the
respondent will undertake the activity.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and there are no changes
to it or its estimated burden.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits; Not-for-profit institutions;
State, local, and tribal governments.
Estimated Annual Burden
• Number of Respondents: 400.
• Average Responses per Respondent:
1 (on occasion).
• Number of Responses: 400.
• Average per Response Burden: 30
minutes.
• Total Burden: 200 hours.
OMB Control No. 1513–0066
Title: Retail Liquor Dealers Records of
Receipts of Alcoholic Beverages and
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Commercial Invoices (TTB REC 5170/
03).
TTB Recordkeeping Number: REC
5170/03.
Abstract: The IRC at 26 U.S.C. 5122
requires retail alcohol beverage dealers
to keep records, in the form of books or
commercial invoices, showing all
distilled spirits, wines, and beer
received, and it authorizes the Secretary
to issue regulations to require such
dealers to keep disposition records for
those products for law enforcement or
revenue protection purposes. In
addition, 26 U.S.C. 5123 requires such
dealers to maintain those records at
their places of business, available for
Government inspection during business
hours, as prescribed by regulation.
Under those IRC authorities, the TTB
regulations in 27 CFR part 31 require
retail alcohol beverage dealers to keep
records showing the quantity of all
distilled spirits, wines, and beer they
receive, along with the date and from
who the products were received, as well
as records of all sales of such products
of 20 or more wine gallons made to the
same person at the same time. In
addition, the regulations require such
dealers to maintain the required records
and any related supporting documents
for at least 3 years at their places of
business or other TTB-approved
locations, subject to TTB inspection
during business hours. This information
collection is necessary to ensure
compliance with Federal law. The
recordkeeping requirement consists of
usual and customary invoices and sales
receipts that would be kept in the
normal course of business.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and the collection and
its estimated burden remain unchanged.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits; State, local, and tribal
governments.
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Estimated Annual Burden
• Number of Respondents: 455,000.
• Average Responses per Respondent:
1 (ongoing recordkeeping).
• Number of Responses: 455,000.
• Average per Response Burden:
None.
• Total Burden: None. (Per 5 CFR
1320.3(b)(2), there is no burden
associated with the collection of usual
of customary records kept during the
normal course of business.)
OMB Control No. 1513–0067
Title: Wholesale Alcohol Dealer
Recordkeeping Requirement Variance
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Requests and Approvals (TTB REC
5170/6).
TTB Recordkeeping Number: REC
5170/6.
Abstract: Under the authority of the
IRC at 26 U.S.C. 5121, the TTB
regulations in 27 CFR part 31 require
wholesale alcohol dealers to keep
records of the receipt and disposition of
distilled spirits, subject to regulations
prescribed by the Secretary. As
authorized in the TTB regulations in 27
CFR part 31, wholesale alcohol dealers
may submit letterhead applications to
TTB requesting approval of variations in
the type and format of such records, and
for variations in the place of retention
for those records. TTB review of such
applications is necessary to determine
that the variance would not jeopardize
the revenue, be contrary to any
provisions of law, or unduly hinder the
effective administration of the relevant
TTB regulations.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and the collection and
its estimated burden remain unchanged.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
Estimated Annual Burden
• Number of Respondents: 10.
• Average Responses per Respondent:
1 (on occasion).
• Number of Responses: 10.
• Average per Response Burden: 30
minutes.
• Total Burden: 5 hours.
OMB Control No. 1513–0082
Title: Alternate Methods or
Procedures and Emergency Variations
from Requirements for Exports of
Liquors (TTB REC 5170/7).
TTB Recordkeeping Number: REC
5170/7.
Abstract: The IRC at 26 U.S.C. 7805
authorizes the Secretary to issue all
needful regulations to implement the
IRC. Under that authority, the TTB
regulations in 27 CFR part 28 alcohol
allow exporters to apply for prior TTB
approval of alternate methods or
procedures to, or emergency variances
from, the requirements of that part,
other than the giving of a bond or the
payment of tax. TTB review of such
applications is necessary to determine
that the proposed alternative or variance
would not jeopardize the revenue, be
contrary to any provisions of law, or
unduly hinder the effective
administration of the relevant TTB
regulations.
Current Actions: TTB is submitting
this information collection for extension
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purposes only, and the collection and
its estimated burden remain unchanged.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
Estimated Annual Burden
• Number of Respondents: 230.
• Average Responses per Respondent:
1 (on occasion).
• Number of Responses: 230.
• Average per Response Burden: 36
minutes.
• Total Burden: 138 hours.
OMB Control No. 1513–0093
Title: Application for Extension of
Time for Payment of Tax.
TTB Form Number: TTB F 5600.38.
Abstract: The IRC at 26 U.S.C. 6161
authorizes the Secretary to grant
taxpayers up to 6 months of additional
time to pay taxes on any return required
under the IRC. Under that authority,
TTB has issued TTB F 5600.38, which
taxpayers complete to apply for an
extension of time to pay taxes collected
by TTB. The respondent uses that form
to identify the tax payment for which an
extension is requested and explain the
reasons why the payment cannot be
made on time. TTB evaluates the
information provided on the form and
in any attachments, and it notifies the
taxpayer of its decision by returning a
copy of the approved or disapproved
form to the taxpayer.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and there are no changes
to the collection, its related form, or its
estimated burden.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
Estimated Annual Burden
• Number of Respondents: 30.
• Average Responses per Respondent:
1 (on occasion).
• Number of Responses: 30.
• Average per Response Burden: 15
minutes.
• Total Burden: 7.5 hours.
OMB Control No. 1513–0097
Title: Notices Relating to Payment of
Firearms and Ammunition Excise Tax
by Electronic Fund Transfer.
Abstract: Under the IRC at 26 U.S.C.
6302, TTB collects the firearms and
ammunition excise tax (FAET) imposed
by 26 U.S.C. 4181 on the basis of a
return that taxpayers file quarterly.
Section 6302 also authorizes the
Secretary to issue regulations
concerning the payment of taxes by
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electronic funds transfer (EFT). Under
the TTB regulations, taxpayers who
elect to begin or discontinue payment of
those taxes by EFT must furnish a
written notice to TTB regarding such
actions. TTB uses that information to
anticipate and monitor FAET payment
to ensure compliance with Federal law.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and the collection and
its estimated burden remain unchanged.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits.
Estimated Annual Burden
• Number of Respondents: 10.
• Average Responses per Respondent:
1 (on occasion).
• Number of Responses: 10.
• Average per Response Burden: 6
minutes.
• Total Burden: 1 hour.
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OMB Control No. 1513–0098
Title: Supporting Data for
Nonbeverage Drawback Claims.
TTB Form Number: TTB F 5154.2.
Abstract: Under the IRC at 26 U.S.C.
5111–5114 and 7652(g), persons using
distilled spirits to produce medicines,
medicinal preparations, food products,
flavors, flavoring extracts, or perfume
may claim drawback (refund) of all but
$1.00 per proof gallon of the Federal
excise tax paid on spirits used to make
such nonbeverage products, subject to
regulations prescribed by the Secretary.
As required by the TTB regulations, to
support nonbeverage product drawback
claims, respondents report certain data
regarding the spirits used and the
products produced. Collection of this
information is necessary to protect the
revenue as it allows TTB to verify the
validity of excise tax claims.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and there are no changes
to the collection or its related form.
However, due to change in agency
estimates resulting from an increase in
the number of nonbeverage product
drawback claims received, TTB is
increasing the number of annual
respondents, responses, and burden
hours reported for this information
collection.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits.
Estimated Annual Burden
• Number of Respondents: 550.
• Average Responses per Respondent:
6 (on occasion).
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• Number of Responses: 3,300.
• Average per Response Burden: 58
minutes.
• Total Burden: 3,190 hours.
OMB Control No. 1513–0100
Title: Applications, Notices, and
Records Relative to Importation and
Exportation of Distilled Spirits, Wines,
and Beer, Including Puerto Rico and the
U.S. Virgin Islands.
Abstract: Chapter 51 of the IRC
imposes Federal excise taxes on alcohol
beverages imported into the United
States. Such products shown to be
exported from the United States are not
taxed. In addition, under the IRC at 26
U.S.C. 7652, such products of Puerto
Rican manufacture brought into the
United States for consumption or sale
and those coming into the United States
from the U.S. Virgin Islands are subject
to tax equal to the tax imposed in the
United States on like products,
although, under that section, most of the
taxes collected on such products are
returned to the treasuries of the two
governments. Under those authorities,
the TTB regulations in 27 parts 26, 27,
and 28 require persons exporting or
importing alcohol beverages from Puerto
Rico and the U.S. Virgin Islands to file
certain letterhead applications and
notices, and to keep certain records,
regarding such activities. The collected
information is necessary to protect the
revenue and ensure compliance with
Federal laws and regulations. For
alcohol beverages exported or imported
from Puerto Rico or the U.S. Virgin
Islands, the required information allows
TTB to trace shipments of such
products, verify excise tax payments
and claims for refunds, and calculate
payments due to the treasuries of Puerto
Rico and the U.S. Virgin Islands.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and the collection and
its estimated burden remain unchanged.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
Estimated Annual Burden
• Number of Respondents: 20.
• Average Responses per Respondent:
1 (on occasion).
• Number of Responses: 20.
• Average per Response Burden: 9
hours.
• Total Burden: 180 hours.
OMB Control No. 1513–0104
Title: Information Collected in
Support of the Small Producer’s Wine
Credit (TTB REC 5120/11).
TTB Recordkeeping Number: REC
5120/11.
PO 00000
Frm 00133
Fmt 4703
Sfmt 4703
11871
Abstract: Under the IRC at 26 U.S.C.
5041(c), certain small wine producers
are eligible for a tax credit which may
be taken to reduce the Federal excise tax
they pay on wines (including hard
ciders) removed from their premises
during a calendar year. In addition,
except during the period of time that
such provisions in section 5041 are
suspended by the Tax Cuts and Jobs Act
(Pub. L. 115–97), small producers can
transfer their tax credit to bonded
warehouses that store their wine and
ship it on their instructions. Under the
TTB regulations, the transferee uses
information provided by the small
producer to take the appropriate tax
credit on behalf of the producer, and the
producer uses the information to
monitor its own tax payments to ensure
it does not exceed the authorized annual
credit. To protect the revenue, TTB uses
the collected information to verify
excise tax computations, and to ensure
that wines claimed for this credit were
produced, stored, shipped, and
transferred according to Federal laws
and regulations.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and the collection and
its estimated burden remain unchanged.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits.
Estimated Annual Burden
• Number of Respondents: 280.
• Average Responses per Respondent:
10 (on occasion).
• Number of Responses: 2,800.
• Average per Response Burden: 1
hour.
• Total Burden: 2,800 hours.
OMB Control No. 1513–0106
Title: Record of Operations—Importer
of Tobacco Products or Processed
Tobacco.
Abstract: The IRC at 26 U.S.C. 5741
requires all manufacturers and
importers of tobacco products,
processed tobacco, or cigarette papers
and tubes, and all export warehouse
proprietors to keep records as the
Secretary prescribes by regulation,
subject to government inspection during
business hours. Under that authority,
the TTB regulations in 27 CFR part 41
require importers of tobacco products or
processed tobacco to maintain the usual
and customary records kept during the
normal course of business showing the
receipt and disposition of imported
tobacco products or processed tobacco.
The collected information is necessary
to protect the revenue as it allows TTB
to verify that the appropriate Federal
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Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Notices
excise taxes are paid on imported
tobacco products, and it allows TTB to
detect diversion of processed tobacco,
which is not taxed, to taxable tobacco
product manufacturing.
Current Actions: TTB is submitting
this information collection for extension
purposes only and there are no changes
to the collection. However, due to an
increase in the number of tobacco
importers holding TTB permits, TTB is
increasing the number of annual
respondents, responses, and burden
hours reported for this information
collection.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
Estimated Annual Burden
• Number of Respondents: 495.
• Average Responses per Respondent:
1 (ongoing recordkeeping).
• Number of Responses: 495.
• Average per Response Burden:
None.
• Total Burden: None. (Per 5 CFR
1320.3(b)(2), there is no burden
associated with the collection of usual
of customary records kept during the
normal course of business.)
Dated: March 21, 2019.
Amy R. Greenberg,
Director, Regulations and Rulings Division.
[FR Doc. 2019–05900 Filed 3–27–19; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Form 8912
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Internal Revenue Service,
as part of its continuing effort to reduce
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SUMMARY:
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paperwork and respondent burden,
invites the general public and other
Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
Currently, the IRS is soliciting
comments concerning Form 8912,
Credit to Holders of Tax Credit Bonds.
DATES: Written comments should be
received on or before May 28, 2019 to
be assured of consideration.
ADDRESSES: Direct all written comments
to Laurie Brimmer, Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW, Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the revenue procedure should
be directed to LaNita Van Dyke at (202)
317–6009, at Internal Revenue Service,
Room 6526, 1111 Constitution Avenue
NW, Washington, DC 20224, or through
the internet, at Lanita.VanDyke@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Credit to Holders of Tax Credit
Bonds.
OMB Number: 1545–2025.
Form Number: 8912.
Abstract: Form 8912, Credit to
Holders of Tax Credit Bonds, was
developed to carry out the provisions of
Internal Revenue Code sections 54 and
1400N(l). The form provides a means for
the taxpayer to claim the credit for the
following tax credit bonds: Clean
renewable energy bond (CREB), New
clean renewable energy bond (NCREB),
Qualified energy conservation bond
(QECB), Qualified zone academy bond
(QZAB), Qualified school construction
bond (QSCB), and Build America bond
(BAB).
Current Actions: There is no change to
this form.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profit organizations, Farms.
Estimated Number of Responses: 500.
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Fmt 4703
Sfmt 9990
Estimated Time per Response: 13
hours, 47 minutes.
Estimated Total Annual Burden
Hours: 6,890 hours.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Books or records relating to a collection
of information must be retained as long
as their contents may become material
in the administration of any internal
revenue law. Generally, tax returns and
tax return information are confidential,
as required by 26 U.S.C. 6103.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
Approved: March 25, 2019.
Laurie Brimmer,
Senior Tax Analyst.
[FR Doc. 2019–05945 Filed 3–27–19; 8:45 am]
BILLING CODE 4830–01–P
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Agencies
[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Pages 11867-11872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05900]
[[Page 11867]]
=======================================================================
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
[Docket No. TTB-2019-0001]
Proposed Information Collections; Comment Request (No. 73)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB); Treasury.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of our continuing effort to reduce paperwork and
respondent burden, and as required by the Paperwork Reduction Act of
1995, we invite comments on the proposed or continuing information
collections listed below in this notice.
DATES: We must receive your written comments on or before May 28, 2019.
ADDRESSES: As described below, you may send comments on the information
collections described in this document using the ``Regulations.gov''
online comment form for this document, or you may send written comments
via U.S. mail or hand delivery. We no longer accept public comments via
email or fax.
Internet: To submit comments online, use the comment form
for this document posted within Docket No. TTB-2019-0001 on the
``Regulations.gov'' e-rulemaking website at https://www.regulations.gov;
U.S. Mail: Send comments to the Paperwork Reduction Act
Officer, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
Hand Delivery/Courier: Delivery comments to the Paper
Reduction Act Officer, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, 1310 G Street NW, Suite 400, Washington,
DC 20005.
Please submit separate comments for each specific information
collection described in this document. You must reference the
information collection's title, form or recordkeeping requirement
number, and OMB control number (if any) in your comment.
You may view copies of this document, the information collections
described in it and any associated instructions, and all comments
received in response to this document within Docket No. TTB-2019-0001
at https://www.regulations.gov. A link to that docket is posted on the
TTB website at https://www.ttb.gov/forms/comment-on-form.shtml. You may
also obtain paper copies of this document, the information collections
described in it and any associated instructions, and any comments
received in response to this document by contacting Michael Hoover at
the addresses or telephone number shown below.
FOR FURTHER INFORMATION CONTACT: Michael Hoover, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; 202-453-1039, ext. 135; or
[email protected] (please do not submit comments to this
email address).
SUPPLEMENTARY INFORMATION:
Request for Comments
The Department of the Treasury and its Alcohol and Tobacco Tax and
Trade Bureau (TTB), as part of their continuing effort to reduce
paperwork and respondent burden, invite the general public and other
Federal agencies to comment on the proposed or continuing information
collections described below in this notice, as required by the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Comments submitted in response to this notice will be included or
summarized in our request for Office of Management and Budget (OMB)
approval of the relevant information collection. All comments are part
of the public record and subject to disclosure. Please do not include
any confidential or inappropriate material in your comments.
We invite comments on: (a) Whether this information collection is
necessary for the proper performance of the agency's functions,
including whether the information has practical utility; (b) the
accuracy of the agency's estimate of the information collection's
burden; (c) ways to enhance the quality, utility, and clarity of the
information collected; (d) ways to minimize the information
collection's burden on respondents, including through the use of
automated collection techniques or other forms of information
technology; and (e) estimates of capital or start-up costs and costs of
operation, maintenance, and purchase of services to provide the
requested information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless the collection of
information has a valid OMB control number.
Information Collections Open for Comment
Currently, we are seeking comments on the following forms,
letterhead applications or notices, recordkeeping requirements,
questionnaires, or surveys:
OMB Control No. 1513-0010
Title: Formula and Process for Wine.
TTB Form Number: TTB F 5120.29.
Abstract: Under the authority of the Internal Revenue Code (IRC) at
26 U.S.C. 5361, 5362, and 5386-5388, TTB regulations in 27 CFR parts 24
and 26 require persons who intend to produce special natural wine,
agricultural wine, other than standard wine, or nonbeverage wine to
obtain TTB's prior approval of the formulas by which such products will
be made. Such persons may file formula approval requests using TTB F
5120.29, which describes the type of product and the formula and
process by which it will be made. TTB uses the collected information to
ensure compliance with Federal law, including ensuring that nonbeverage
wines withdrawn free of tax under 26 U.S.C. 5362(d) are rendered unfit
for beverage use.
Current Actions: TTB is submitting this information collection for
extension purposes only, and there are no changes to the collection or
its related form. However, due to changes in agency estimates, TTB is
increasing the average number of responses submitted annually by each
respondent and the estimated total annual burden for this information
collection.
Type of Review: Extension of a currently-approved collection.
Affected Public: Businesses or other for-profits.
Estimated Annual Burden
Number of Respondents: 30.
Average Responses per Respondent: 5 (on occasion).
Number of Responses: 150.
Average Per-Response Burden: 2 hours.
Total Burden: 300 hours.
OMB Control No. 1513-0011
Title: Formula and/or Process for Articles Made with Specially
Denatured Spirits.
TTB Form Number: TTB F 5150.19.
Abstract: In general, under the IRC at 26 U.S.C. 5214, distilled
spirits used in the manufacture of nonbeverage articles are not subject
to Federal excise tax, and, under 26 U.S.C. 5273, persons who intend to
produce such articles using specially denatured distilled spirits (SDS)
must obtain prior approval of their formulas and manufacturing
processes. For medicinal preparations and flavoring extracts intended
for internal human use, that section also prohibits SDS from remaining
in the finished articles. Therefore, the TTB
[[Page 11868]]
regulations in 27 CFR part 20 require persons to file formula and
process approval requests, using TTB F 5150.19, for articles made with
SDS. To protect the revenue and ensure compliance with the IRC and TTB
regulations, TTB personnel examine the collected information to verify
that the described articles are nonbeverage products made in compliance
with 26 U.S.C. 5273. TTB field personnel also may compare manufacturing
records to approved formulas to verify that such articles are being
made in accordance with their approved formulas and processes.
Current Actions: TTB is submitting this information collection for
extension purposes only, and there are no changes to the collection,
its related form, or its estimated burden.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 1,132.
Average Responses per Respondent: 1 (on occasion).
Number of Responses: 1,132.
Average Per-Response Burden: 44 minutes.
Total Burden: 830 hours.
OMB Control No. 1513-0012
Title: User's Report of Denatured Spirits.
TTB Form Number: TTB F 5150.18.
Abstract: The IRC at 26 U.S.C. 5214 allows the tax-free withdrawal
of denatured distilled spirits from a distilled spirits plant (DSP),
and, at 26 U.S.C. 5275, it requires persons procuring, dealing in, or
using specially denatured (SDS), or recovering specially denatured or
completely denatured distilled spirits, to maintain records and file
reports as the Secretary of the Treasury (Secretary) may prescribe by
regulation. The TTB regulations in 27 CFR part 20 require persons who
use or recover SDS or articles, or who use recovered completely
denatured spirits or articles, to file a report once annually using TTB
F 5150.18 to account for their use of such denatured spirits in
specific approved formulas during the period July 1 through June 30.
The regulations also require such persons to file a final report when
discontinuing business. The collected information is necessary to
protect the revenue as it allows TTB to detect diversion of tax-free
denatured spirits to taxable proposes by users of such spirits. TTB
also uses the required information to ensure users of such spirits
comply with Federal law and regulations.
Current Actions: TTB is submitting this information collection for
extension purposes only, and there are no changes to the collection or
its related form. However, due to change in agency estimates, TTB is
increasing slightly the number of annual respondents, responses, and
burden hours reported for this information collection.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 3,600.
Average Responses per Respondent: 1 (once annually).
Number of Responses: 3,600.
Average per Response Burden: 18 minutes.
Total Burden: 1,080 hours.
OMB Control No. 1513-0014
Title: Power of Attorney.
TTB Form Number: TTB F 5000.8.
Abstract: The IRC at 26 U.S.C. 6061 provides that any return,
statement, or other document submitted under the IRC's provisions must
be signed in accordance with the forms or regulations prescribed by the
Secretary. Also, the Federal Alcohol Administration Act (FAA Act) at 27
U.S.C. 204(c) authorizes the Secretary to prescribe the manner and form
of applications for basic permits issued under the Act. Under those
authorities, the TTB regulations require individuals signing documents
and forms filed with TTB on behalf of an applicant or principal to have
specific authority to do so. As such, applicants and principals use TTB
F 5000.8 to delegate such authority to a designated individual and to
report that delegation to TTB. Many documents and forms submitted to
TTB are legally binding and have penalties for omissions or
falsification, and TTB uses the collected information to determine who
legally represents an applicant or permittee doing business with the
agency.
Current Actions: TTB is submitting this information collection for
extension purposes only, and there are no changes to the collection,
its related form, or its estimated burden.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits.
Estimated Annual Burden
Number of Respondents: 5,000.
Average Responses per Respondent: 2 (on occasion).
Number of Responses: 10,000.
Average per Response Burden: 19.5 minutes.
Total Burden: 3,250 hours.
OMB Control No. 1513-0024
Title: Report--Export Warehouse Proprietor.
TTB Form Number: TTB F 5220.4.
Abstract: In general, under chapter 52 of the IRC, tobacco products
and cigarette papers and tubes manufactured in, or imported into, the
United States are subject to Federal excise tax while tobacco products
and cigarette papers and tubes removed for export, and all processed
tobacco, are not subject to that tax. Additionally, the IRC at 26
U.S.C. 5722 requires export warehouse proprietors to provide reports
regarding such articles, in such form, at such times, and for such
periods as the Secretary prescribes by regulation. Under that
authority, the TTB regulations in 27 CFR part 44 require export
warehouse proprietors to file a monthly operations report using TTB F
5220.4, listing the amount of tobacco products, cigarette papers and
tubes, and processed tobacco received, removed, lost, or unaccounted
for during a given month. The collected information is necessary to
protect the revenue as it allows TTB to detect diversion of those
untaxed articles to taxable uses. These reports also allow TTB to
verify compliance with Federal laws and regulations related to the
removal and export of such articles.
Current Actions: TTB is submitting this information collection for
extension purposes only, and there are no changes to the collection,
its related form, or its estimated burden.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits.
Estimated Annual Burden
Number of Respondents: 82.
Average Responses per Respondent: 12 (monthly).
Number of Responses: 984.
Average per Response Burden: 1 hours.
Total Burden: 984 hours.
OMB Control No. 1513-0029
Title: Certificate of Tax Determination--Wine.
TTB Form Number: TTB F 5120.20.
Abstract: The IRC at 26 U.S.C. 5062 authorizes drawback (refund) of
the Federal excise tax on distilled spirits and wines exported from the
United States, under regulations prescribed by the Secretary regarding
evidence of the product's tax payment or determination and exportation.
Under that authority, the TTB regulations in 27 CFR part 28 require
drawback claims filed by wine
[[Page 11869]]
exporters to be accompanied by the producer's or bottler's
certification, filed on TTB F 5120.20, that the listed wines were
produced in the United States and taxpaid or determined upon
withdrawal. The collected information is necessary to protect the
revenue as it allows TTB to prevent the payment of unverified drawback
claims.
Current Actions: TTB is submitting this information collection for
extension purposes only, and there are no changes to the collection,
its related form, or its estimated burden.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits.
Estimated Annual Burden
Number of Respondents: 30.
Average Responses per Respondent: 33.33 (on occasion).
Number of Responses: 1,000.
Average per Response Burden: 30 minutes.
Total Burden: 500 hours.
OMB Control No. 1513-0039
Title: Distilled Spirits Plants Warehousing Records (TTB REC 5110/
02), and Monthly Report of Storage Operations.
TTB Form Number: TTB F 5110.11.
TTB Recordkeeping Number: REC 5110/02.
Abstract: The IRC at 26 U.S.C. 5207 requires DSP proprietors to
maintain records and submit reports of their production, storage,
denaturation, and processing activities as required under regulations
prescribed by the Secretary. Under that IRC authority, the TTB
regulations in 27 CFR part 19 require DSP proprietors to keep certain
records regarding their warehousing operations. Those regulations also
require DSP proprietors to report a summary of their storage
operations, based on the required records, to TTB on a monthly basis
using form TTB F 5110.11. Because, under 26 U.S.C. 5005(c), a DSP
proprietor is liable for the Federal excise tax for all distilled
spirits stored on the plant's premises, the required records and report
are necessary to protect the revenue. The required records and reports
also allow TTB to ensure compliance with Federal law and regulations.
Current Actions: TTB is submitting this information collection for
extension purposes only, and there are no changes to the collection or
its related form. However, due to continued growth in the distilled
spirits industry, TTB is increasing the number of annual respondents,
responses, and burden hours reported for this information collection.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 2,300.
Average Responses per Respondent: 12 (monthly).
Number of Responses: 27,600.
Average per Response Burden: 2 hours (1 hour of
recordkeeping and 1 hour of reporting).
Total Burden: 55,200 hours.
OMB Control No. 1513-0049
Title: Distilled Spirits Plant Denaturation Records (TTB REC 5110/
04), and Monthly Report of Processing Operations.
TTB Form Number: TTB F 5110.43.
TTB Recordkeeping Number: REC 5110/04.
Abstract: The IRC, at 26 U.S.C. 5207, requires distilled spirits
plant (DSP) proprietors to maintain records and submit reports of their
production, storage, denaturation, and processing activities, and, at
26 U.S.C. 5214, it authorizes the withdrawal of denatured distilled
spirits from a DSP free of tax for certain specified uses, all subject
regulations prescribed by the Secretary of the Treasury. Under those
IRC authorities, the TTB regulations in 27 CFR part 19 require DSP
proprietors to keep certain records regarding their production, loss,
receipt, transfer, and withdrawal of denatured spirits. Using the
required records, those regulations also require DSP proprietors to
report a summary of their daily denaturing (processing) activities to
TTB on a monthly basis using form TTB F 5110.43. Because denatured
spirits may be removed from a DSP free of tax, a full accounting of a
DSP's denaturation operations is necessary to protect the revenue. The
required records and reports allow TTB to detect and prevent diversion
of denatured spirits to taxable uses, ensure compliance with Federal
law and regulations, and compile industry statistics.
Current Actions: TTB is submitting this information collection for
extension purposes only, and there are no changes to the collection or
its related form. However, due to continued growth in the distilled
spirits industry, TTB is increasing the number of annual respondents,
responses, and burden hours reported for this information collection.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 390.
Average Responses per Respondent: 12 (monthly).
Number of Responses: 4,680.
Average per Response Burden: 1 hour (\1/2\ hour of
recordkeeping and \1/2\ hour of reporting).
Total Burden: 4,680 hours.
OMB Control No. 1513-0060
Title: Letterhead Applications and Notices Relating to Tax-Free
Alcohol (TTB REC 5150/04).
TTB Recordkeeping Number: REC 5150/04.
Abstract: The IRC at 26 U.S.C. 5214 provides for the tax-free
withdrawal of distilled spirits from a DSP for certain nonbeverage
purposes, including for use by educational institutions, laboratories,
hospitals, clinics, and blood banks, and by State, local, and tribal
governments, subject to regulations prescribed by the Secretary. Under
that authority, the TTB regulations in 27 CFR part 22 require users of
tax-free alcohol to submit certain letterhead applications and notices,
which serve as qualifying documents for specific regulated activities
or as amendments to previously-filed documents. The collected
information is necessary to protect the revenue and ensure compliance
with Federal laws and regulations regarding tax-free alcohol as it
allows TTB to detect diversion of tax-free alcohol to taxable beverage
use and ensure lawful use of such alcohol. In general, activities
posing a greater jeopardy to the revenue require a letterhead
application and TTB approval before the respondent begins the activity,
while activities posing less jeopardy to the revenue require a
letterhead notice stating that the respondent will undertake the
activity.
Current Actions: TTB is submitting this information collection for
extension purposes only, and there are no changes to it or its
estimated burden.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits; Not-for-profit
institutions; State, local, and tribal governments.
Estimated Annual Burden
Number of Respondents: 400.
Average Responses per Respondent: 1 (on occasion).
Number of Responses: 400.
Average per Response Burden: 30 minutes.
Total Burden: 200 hours.
OMB Control No. 1513-0066
Title: Retail Liquor Dealers Records of Receipts of Alcoholic
Beverages and
[[Page 11870]]
Commercial Invoices (TTB REC 5170/03).
TTB Recordkeeping Number: REC 5170/03.
Abstract: The IRC at 26 U.S.C. 5122 requires retail alcohol
beverage dealers to keep records, in the form of books or commercial
invoices, showing all distilled spirits, wines, and beer received, and
it authorizes the Secretary to issue regulations to require such
dealers to keep disposition records for those products for law
enforcement or revenue protection purposes. In addition, 26 U.S.C. 5123
requires such dealers to maintain those records at their places of
business, available for Government inspection during business hours, as
prescribed by regulation. Under those IRC authorities, the TTB
regulations in 27 CFR part 31 require retail alcohol beverage dealers
to keep records showing the quantity of all distilled spirits, wines,
and beer they receive, along with the date and from who the products
were received, as well as records of all sales of such products of 20
or more wine gallons made to the same person at the same time. In
addition, the regulations require such dealers to maintain the required
records and any related supporting documents for at least 3 years at
their places of business or other TTB-approved locations, subject to
TTB inspection during business hours. This information collection is
necessary to ensure compliance with Federal law. The recordkeeping
requirement consists of usual and customary invoices and sales receipts
that would be kept in the normal course of business.
Current Actions: TTB is submitting this information collection for
extension purposes only, and the collection and its estimated burden
remain unchanged.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits; State, local,
and tribal governments.
Estimated Annual Burden
Number of Respondents: 455,000.
Average Responses per Respondent: 1 (ongoing
recordkeeping).
Number of Responses: 455,000.
Average per Response Burden: None.
Total Burden: None. (Per 5 CFR 1320.3(b)(2), there is no
burden associated with the collection of usual of customary records
kept during the normal course of business.)
OMB Control No. 1513-0067
Title: Wholesale Alcohol Dealer Recordkeeping Requirement Variance
Requests and Approvals (TTB REC 5170/6).
TTB Recordkeeping Number: REC 5170/6.
Abstract: Under the authority of the IRC at 26 U.S.C. 5121, the TTB
regulations in 27 CFR part 31 require wholesale alcohol dealers to keep
records of the receipt and disposition of distilled spirits, subject to
regulations prescribed by the Secretary. As authorized in the TTB
regulations in 27 CFR part 31, wholesale alcohol dealers may submit
letterhead applications to TTB requesting approval of variations in the
type and format of such records, and for variations in the place of
retention for those records. TTB review of such applications is
necessary to determine that the variance would not jeopardize the
revenue, be contrary to any provisions of law, or unduly hinder the
effective administration of the relevant TTB regulations.
Current Actions: TTB is submitting this information collection for
extension purposes only, and the collection and its estimated burden
remain unchanged.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 10.
Average Responses per Respondent: 1 (on occasion).
Number of Responses: 10.
Average per Response Burden: 30 minutes.
Total Burden: 5 hours.
OMB Control No. 1513-0082
Title: Alternate Methods or Procedures and Emergency Variations
from Requirements for Exports of Liquors (TTB REC 5170/7).
TTB Recordkeeping Number: REC 5170/7.
Abstract: The IRC at 26 U.S.C. 7805 authorizes the Secretary to
issue all needful regulations to implement the IRC. Under that
authority, the TTB regulations in 27 CFR part 28 alcohol allow
exporters to apply for prior TTB approval of alternate methods or
procedures to, or emergency variances from, the requirements of that
part, other than the giving of a bond or the payment of tax. TTB review
of such applications is necessary to determine that the proposed
alternative or variance would not jeopardize the revenue, be contrary
to any provisions of law, or unduly hinder the effective administration
of the relevant TTB regulations.
Current Actions: TTB is submitting this information collection for
extension purposes only, and the collection and its estimated burden
remain unchanged.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 230.
Average Responses per Respondent: 1 (on occasion).
Number of Responses: 230.
Average per Response Burden: 36 minutes.
Total Burden: 138 hours.
OMB Control No. 1513-0093
Title: Application for Extension of Time for Payment of Tax.
TTB Form Number: TTB F 5600.38.
Abstract: The IRC at 26 U.S.C. 6161 authorizes the Secretary to
grant taxpayers up to 6 months of additional time to pay taxes on any
return required under the IRC. Under that authority, TTB has issued TTB
F 5600.38, which taxpayers complete to apply for an extension of time
to pay taxes collected by TTB. The respondent uses that form to
identify the tax payment for which an extension is requested and
explain the reasons why the payment cannot be made on time. TTB
evaluates the information provided on the form and in any attachments,
and it notifies the taxpayer of its decision by returning a copy of the
approved or disapproved form to the taxpayer.
Current Actions: TTB is submitting this information collection for
extension purposes only, and there are no changes to the collection,
its related form, or its estimated burden.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 30.
Average Responses per Respondent: 1 (on occasion).
Number of Responses: 30.
Average per Response Burden: 15 minutes.
Total Burden: 7.5 hours.
OMB Control No. 1513-0097
Title: Notices Relating to Payment of Firearms and Ammunition
Excise Tax by Electronic Fund Transfer.
Abstract: Under the IRC at 26 U.S.C. 6302, TTB collects the
firearms and ammunition excise tax (FAET) imposed by 26 U.S.C. 4181 on
the basis of a return that taxpayers file quarterly. Section 6302 also
authorizes the Secretary to issue regulations concerning the payment of
taxes by
[[Page 11871]]
electronic funds transfer (EFT). Under the TTB regulations, taxpayers
who elect to begin or discontinue payment of those taxes by EFT must
furnish a written notice to TTB regarding such actions. TTB uses that
information to anticipate and monitor FAET payment to ensure compliance
with Federal law.
Current Actions: TTB is submitting this information collection for
extension purposes only, and the collection and its estimated burden
remain unchanged.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits.
Estimated Annual Burden
Number of Respondents: 10.
Average Responses per Respondent: 1 (on occasion).
Number of Responses: 10.
Average per Response Burden: 6 minutes.
Total Burden: 1 hour.
OMB Control No. 1513-0098
Title: Supporting Data for Nonbeverage Drawback Claims.
TTB Form Number: TTB F 5154.2.
Abstract: Under the IRC at 26 U.S.C. 5111-5114 and 7652(g), persons
using distilled spirits to produce medicines, medicinal preparations,
food products, flavors, flavoring extracts, or perfume may claim
drawback (refund) of all but $1.00 per proof gallon of the Federal
excise tax paid on spirits used to make such nonbeverage products,
subject to regulations prescribed by the Secretary. As required by the
TTB regulations, to support nonbeverage product drawback claims,
respondents report certain data regarding the spirits used and the
products produced. Collection of this information is necessary to
protect the revenue as it allows TTB to verify the validity of excise
tax claims.
Current Actions: TTB is submitting this information collection for
extension purposes only, and there are no changes to the collection or
its related form. However, due to change in agency estimates resulting
from an increase in the number of nonbeverage product drawback claims
received, TTB is increasing the number of annual respondents,
responses, and burden hours reported for this information collection.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits.
Estimated Annual Burden
Number of Respondents: 550.
Average Responses per Respondent: 6 (on occasion).
Number of Responses: 3,300.
Average per Response Burden: 58 minutes.
Total Burden: 3,190 hours.
OMB Control No. 1513-0100
Title: Applications, Notices, and Records Relative to Importation
and Exportation of Distilled Spirits, Wines, and Beer, Including Puerto
Rico and the U.S. Virgin Islands.
Abstract: Chapter 51 of the IRC imposes Federal excise taxes on
alcohol beverages imported into the United States. Such products shown
to be exported from the United States are not taxed. In addition, under
the IRC at 26 U.S.C. 7652, such products of Puerto Rican manufacture
brought into the United States for consumption or sale and those coming
into the United States from the U.S. Virgin Islands are subject to tax
equal to the tax imposed in the United States on like products,
although, under that section, most of the taxes collected on such
products are returned to the treasuries of the two governments. Under
those authorities, the TTB regulations in 27 parts 26, 27, and 28
require persons exporting or importing alcohol beverages from Puerto
Rico and the U.S. Virgin Islands to file certain letterhead
applications and notices, and to keep certain records, regarding such
activities. The collected information is necessary to protect the
revenue and ensure compliance with Federal laws and regulations. For
alcohol beverages exported or imported from Puerto Rico or the U.S.
Virgin Islands, the required information allows TTB to trace shipments
of such products, verify excise tax payments and claims for refunds,
and calculate payments due to the treasuries of Puerto Rico and the
U.S. Virgin Islands.
Current Actions: TTB is submitting this information collection for
extension purposes only, and the collection and its estimated burden
remain unchanged.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 20.
Average Responses per Respondent: 1 (on occasion).
Number of Responses: 20.
Average per Response Burden: 9 hours.
Total Burden: 180 hours.
OMB Control No. 1513-0104
Title: Information Collected in Support of the Small Producer's
Wine Credit (TTB REC 5120/11).
TTB Recordkeeping Number: REC 5120/11.
Abstract: Under the IRC at 26 U.S.C. 5041(c), certain small wine
producers are eligible for a tax credit which may be taken to reduce
the Federal excise tax they pay on wines (including hard ciders)
removed from their premises during a calendar year. In addition, except
during the period of time that such provisions in section 5041 are
suspended by the Tax Cuts and Jobs Act (Pub. L. 115-97), small
producers can transfer their tax credit to bonded warehouses that store
their wine and ship it on their instructions. Under the TTB
regulations, the transferee uses information provided by the small
producer to take the appropriate tax credit on behalf of the producer,
and the producer uses the information to monitor its own tax payments
to ensure it does not exceed the authorized annual credit. To protect
the revenue, TTB uses the collected information to verify excise tax
computations, and to ensure that wines claimed for this credit were
produced, stored, shipped, and transferred according to Federal laws
and regulations.
Current Actions: TTB is submitting this information collection for
extension purposes only, and the collection and its estimated burden
remain unchanged.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits.
Estimated Annual Burden
Number of Respondents: 280.
Average Responses per Respondent: 10 (on occasion).
Number of Responses: 2,800.
Average per Response Burden: 1 hour.
Total Burden: 2,800 hours.
OMB Control No. 1513-0106
Title: Record of Operations--Importer of Tobacco Products or
Processed Tobacco.
Abstract: The IRC at 26 U.S.C. 5741 requires all manufacturers and
importers of tobacco products, processed tobacco, or cigarette papers
and tubes, and all export warehouse proprietors to keep records as the
Secretary prescribes by regulation, subject to government inspection
during business hours. Under that authority, the TTB regulations in 27
CFR part 41 require importers of tobacco products or processed tobacco
to maintain the usual and customary records kept during the normal
course of business showing the receipt and disposition of imported
tobacco products or processed tobacco. The collected information is
necessary to protect the revenue as it allows TTB to verify that the
appropriate Federal
[[Page 11872]]
excise taxes are paid on imported tobacco products, and it allows TTB
to detect diversion of processed tobacco, which is not taxed, to
taxable tobacco product manufacturing.
Current Actions: TTB is submitting this information collection for
extension purposes only and there are no changes to the collection.
However, due to an increase in the number of tobacco importers holding
TTB permits, TTB is increasing the number of annual respondents,
responses, and burden hours reported for this information collection.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 495.
Average Responses per Respondent: 1 (ongoing
recordkeeping).
Number of Responses: 495.
Average per Response Burden: None.
Total Burden: None. (Per 5 CFR 1320.3(b)(2), there is no
burden associated with the collection of usual of customary records
kept during the normal course of business.)
Dated: March 21, 2019.
Amy R. Greenberg,
Director, Regulations and Rulings Division.
[FR Doc. 2019-05900 Filed 3-27-19; 8:45 am]
BILLING CODE 4810-31-P