Proposed Information Collections; Comment Request (No. 74), 23157-23161 [2019-10547]
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Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Notices
Total Estimated Annual Burden:
240.83 hours.
Frequency of Collection: The data
collection described will be performed
once to obtain the target number of valid
test participants.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended;
and 49 CFR 1.95.
Issued in Washington, DC, on May 14,
2019.
Tim J. Johnson,
Acting Associate Administrator for Vehicle
Safety Research.
[FR Doc. 2019–10582 Filed 5–20–19; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
[Docket No. TTB–2019–0001]
Proposed Information Collections;
Comment Request (No. 74)
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 July 22, 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.
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SUMMARY:
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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
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,
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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. 1513–0002
Title: Personnel Questionnaire—
Alcohol and Tobacco Products.
TTB Form Number: TTB F 5000.9.
Abstract: Provisions of the Internal
Revenue Code (IRC; 26 U.S.C chapters
51 and 52) and the Federal Alcohol
Administration Act (FAA Act; 27 U.S.C.
201 et seq.) require persons wishing to
engage in certain alcohol and tobacco
activities to obtain a permit, or approval
of a notice or registration, from the
Secretary of the Treasury (the Secretary)
before beginning operations. The IRC
and FAA Act provide that an applicant
is not eligible for such permits or
approvals if the Secretary finds that the
applicant, (including company officers,
directors, or principal investors) is not
likely to lawfully operate or has certain
criminal convictions. Under its
delegated IRC and FAA Act authorities,
the TTB regulations authorize the
collection of information from
applicants so that TTB can determine if
they meet the minimum statutory and
regulatory qualifications for alcohol and
tobacco permits, notices, or
registrations. To assist TTB in making
such determinations, applicants use
form TTB F 5000.9, Personnel
Questionnaire—Alcohol and Tobacco,
or its web-based Permits Online
equivalent, to provide TTB with
information regarding their identity,
business history and financing, and
criminal record, if any.
Current Actions: TTB is submitting
this collection as a revision due to
program changes made at the Bureau’s
discretion. TTB has revised TTB F
5000.9 and its electronic Permits Online
equivalent to reduce the amount of
information collected and lower the perrespondent burden associated with this
information collection. TTB has
removed certain data fields that it no
longer needs to determine a
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respondent’s identity or eligibility; the
removed data fields include the
respondent’s residence and employment
history, citizenship status, plans for
additional investments in the applicant
business, and bank reference. TTB
estimates that removal of those data
fields will reduce the per-respondent
burden for this collection by at least 20
minutes, resulting in a per-respondent
burden of 60 minutes for the TTB F
5000.9 form and 50 minutes for its
electronic Permits Online equivalent.
These program changes will reduce the
estimated total annual burden for this
information collection by 4,033 hours.
In addition, due to a change in agency
estimates, TTB is reducing the number
of annual respondents to this
information collection from 14,283 to
9,350 (a reduction of 2,750), which
further reduces the estimated total
annual burden for this collection by
2,292 hours.
Type of Review: Revision of a
currently-approved collection.
Affected Public: Individuals or
households.
Estimated Annual Burden
• Number of Respondents: 9,350.
• Average Responses per Respondent:
1 (on occasion).
• Number of Responses: 9,350.
• Average Per-response Burden: 51
minutes.
• Total Burden: 7,958 hours.
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OMB Control No. 1513–0035
Title: Inventory—Export Warehouse
Proprietor.
TTB Form Number: TTB F 5220.3.
Abstract: The IRC at 26 U.S.C. 5721
requires export warehouse proprietors
to take inventories of all tobacco
products, processed tobacco, and
cigarette papers and tubes on hand at
the commencement of business, the
conclusion of business, and at other
times as the Secretary prescribes by
regulation. Under that authority, the
TTB regulations in 27 CFR part 44
require export warehouse proprietors to
report their inventory of tobacco
products, processed tobacco, and
cigarette papers and tubes using TTB F
5220.3, Inventory—Export Warehouse
Proprietor, when beginning or
discontinuing business, when certain
changes in ownership or control of the
business occur, or when required to by
the appropriate TTB officer. As
authorized by the IRC at 26 U.S.C. 5741,
the TTB regulations also require export
warehouse proprietors to retain a file
copy of each such inventory report for
3 years, available for TTB inspection
upon request.
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Current Actions: There are no changes
to this information collection, and TTB
is submitting it for extension purposes
only. However, TTB is decreasing the
number of respondents, responses, and
burden hours associated with this
information collection due to a decrease
in the number of export warehouse
proprietors.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
Estimated Annual Burden
• Number of Respondents: 82.
• Average Responses per Respondent:
1 per year.
• Number of Responses: 82.
• Average Per-response Burden: 5
hours.
• Total Burden: 410 hours.
OMB Control No. 1513–0045
Title: Distilled Spirits Plants—Excise
Taxes (TTB REC 5110/06).
TTB Recordkeeping Number: TTB
REC 5110/06.
Abstract: Under chapter 51 of the IRC,
distilled spirits produced or imported
into the United States are subject to
Federal excise tax, which is determined
at the time the spirits are withdrawn
from bond and which is paid by return,
subject to regulations prescribed by the
Secretary. In addition, a credit may be
taken against that tax for the portion of
a distilled spirits product’s alcohol
content derived from wine or flavors.
The TTB regulations in 27 CFR parts 19
and 26 require distilled spirits excise
taxpayers to keep certain records in
support of the information provided on
their excise tax returns, including
information on the distilled spirits
removed from their premises and the
products’ applicable tax rates, as well as
records related to nontaxable removals,
shortages, and losses. The required
records are necessary to protect the
revenue as TTB uses the data collected
to ensure the appropriate amount of tax
is paid, to verify claims for refunds or
remission of tax, and to account for the
transfer of certain distilled spirits excise
taxes to the governments of Puerto Rico
and the U.S. Virgin Islands.
Current Actions: There are no changes
to this information collection, and TTB
is submitting it for extension purposes
only. However, TTB is increasing the
number of reported respondents,
responses, and burden hours associated
with this information collection due to
continued growth in the number of
distilled spirits plants.
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: 3,160.
• Average Responses per Respondent:
26 per year.
• Number of Responses: 82,160.
• Average Per-response Burden: 1
hour.
• Total Burden: 82,160 hours.
OMB Control No. 1513–0046
Title: Formula for Distilled Spirits
under the Federal Alcohol
Administration Act.
TTB Form Number: TTB F 5110.38.
Abstract: The FAA Act at 27 U.S.C.
205(e) authorizes the Secretary to issue
regulations regarding the labeling of
distilled spirits products to prevent
consumer deception, to provide the
consumer with adequate information as
to the identity and quality of such
products, and to require a statement of
composition in certain cases of distilled
spirits produced by blending or
rectification or if neutral spirits were
used in the product’s production, while
the IRC at 26 U.S.C. 5222(c), 5223, and
5232, authorizes the Secretary to issue
regulations regarding the removal and
addition of extraneous substances to
distilling materials or the redistillation
of domestic and imported spirits. Under
those authorities, the TTB regulations in
27 CFR parts 5, 19, and 26 require
proprietors to obtain TTB approval of
formulas for distilled spirits products
when operations such as blending,
mixing, purifying, refining,
compounding, or treating, change the
character, composition, class, or type of
the spirits. Such formulas are now filed
using TTB F 5110.10, although TTB
continues to allow industry members to
file the information using the legacy
form TTB F 5110.38. Respondents use
this form to list ingredients, and, in
some cases, the process used to produce
the product. The collected information
allows TTB to determine whether a
distilled spirits product meets the
applicable statutory and regulatory
requirements.
Current Actions: There are no changes
to this information collection, and TTB
is submitting it for extension purposes
only. However, due to a change in
agency estimates, TTB is increasing the
number of respondents, responses, and
burden hours associated with this
information collection from 30 each to
50 each.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits.
Estimated Annual Burden
• Number of Respondents: 50.
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• Average Responses per Respondent:
1 (on occasion).
• Number of Responses: 50.
• Average Per-response Burden: 1
hour.
• Total Burden: 50 hours.
OMB Control No. 1513–0063
Title: Stills: Notices, Registration, and
Records.
TTB Recordkeeping Number: TTB
REC 5150/8.
Abstract: The IRC, at 26 U.S.C. 5101
and 5179, allows the Secretary to issue
regulations to require manufacturers of
stills to submit notices regarding the
manufacture and setup of stills, and it
requires all persons who possess or have
custody of a still to register it with the
Secretary and provide information as to
its location, type, capacity, ownership,
and the purpose for which it will be
used. Under those authorities, the TTB
regulations in 27 CFR part 29 require
still manufacturers to provide certain
notices and keep certain records
regarding the manufacture and setup of
stills. Those regulations also require still
owners to register their stills with TTB
and provide certain notices and keep
certain records regarding such
registrations and changes in ownership
or location of stills.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and there are no changes
to the collection or its estimated annual
burden.
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:
4 per year.
• Number of Responses: 40.
• Average Per-response Burden: 1
hour.
• Total Burden: 40 hours.
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OMB Control No. 1513–0068
Title: Records of Operations—
Manufacturer of Tobacco Products or
Processed Tobacco.
TTB Recordkeeping Number: TTB
REC 5210/1.
Abstract: The IRC at 26 U.S.C. 5741
requires manufacturers of tobacco
products, cigarette papers or tubes, or
processed tobacco to keep records,
subject to Government inspection, as the
Secretary prescribes by regulation.
Under that authority, the TTB
regulations in 27 CFR part 40 require
such manufacturers to keep daily
records regarding raw materials received
and products manufactured, removed,
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returned, consumed, transferred,
destroyed, lost, or disclosed as
shortages. Those regulations provide
that manufacturers may use usual and
customary commercial records, where
possible, to keep and maintain the
required data, provided that TTB may
readily ascertain the information. Also,
manufacturers must maintain the
required records for 3 years and make
them available for TTB inspection upon
request. This information collection is
necessary to provide accountability over
the receipt, production, and disposition
of tobacco products, cigarette papers
and tubes, and processed tobacco in
order to prevent diversion and protect
the revenue.
Current Actions: There are no changes
to this information collection, and TTB
is submitting it for extension purposes
only. However, TTB is decreasing the
number of annual respondents,
responses, and burden hours reported
for this information collection due to a
decrease in the number of tobacco
product manufacturers.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits.
Estimated Annual Burden
• Number of Respondents: 235.
• Average Responses per Respondent:
1 per year.
• Number of Responses: 235.
• Average Per-response Burden: 2
hours. (This burden estimate allows for
the potential that not all of the
information required under this
collection can be derived from usual
and customary business records.)
• Total Burden: 470 hours.
OMB Control No. 1513–0070
Title: Tobacco Export Warehouse—
Record of Operations.
TTB Recordkeeping Number: TTB
REC 5220/1.
Abstract: In general, export
warehouses store untaxpaid tobacco
products and cigarette papers and tubes,
and processed tobacco which is not
subject to tax, until those commodities
are exported. The IRC at 26 U.S.C. 5741
requires export warehouse proprietors
to keep records regarding such
commodities, subject to Government
inspection, as the Secretary prescribes
by regulation. Under that authority, the
TTB regulations in 27 CFR part 44
require export warehouse proprietors to
keep records showing the date, kind,
and quantity of tobacco products,
cigarette papers and tubes, and
processed tobacco received, removed,
transferred, destroyed, lost, or returned
to a manufacturer or customs bonded
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warehouse proprietor. Those regulations
also provide that respondents may use
usual and customary commercial
records to keep and maintain the
required data, provided that TTB may
readily ascertain the information. In
addition, the regulations state that
respondents must maintain the required
records for 3 years and make them
available for TTB inspection upon
request. This information collection is
necessary to provide accountability over
the transfer and export of tobacco
products, cigarette papers and tubes,
and processed tobacco to protect the
revenue by preventing the diversion of
untaxed commodities into the domestic
market.
Current Actions: There are no changes
to this information collection, and TTB
is submitting it for extension purposes
only. However, TTB is decreasing the
number of respondents and responses
reported for this collection due to a
decrease in the number of export
warehouse proprietors.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
Estimated Annual Burden
• Number of Respondents: 70.
• Average Responses per Respondent:
1 (ongoing recordkeeping).
• Number of Responses: 70.
• Average Per-response and Total
Burden: None. (Per the OMB regulation
at 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. 1513–0072
Title: Applications and Notices—
Manufacturers of Nonbeverage Products.
TTB Recordkeeping Number: TTB
REC 5530/1.
Abstract: The IRC, at 26 U.S.C. 5111–
5114, authorizes manufacturers of
nonbeverage products to claim
drawback (refund) of all but $1.00 per
proof gallon of the Federal excise tax
paid on any distilled spirits used in the
manufacture of such products, and it
authorizes the Secretary to require a
bond or other security for such
drawback claims. Under that IRC
authority, the TTB regulations in 27
CFR part 17 require manufacturers of
nonbeverage products using distilled
spirits on which drawback will be
claimed to register as such, and to
submit certain letterhead applications
and notices. Such manufacturers must
submit applications, which require TTB
approval, for nonbeverage distilled
spirits operations that present the most
jeopardy to the revenue, while
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manufacturers submit notices, which do
not require TTB approval, for such
activities that present less jeopardy to
the revenue. This information collection
allows TTB to ensure that nonbeverage
distilled spirits operations are in
compliance with Federal law, and to
protect the revenue as it accounts for,
and deters diversion of, distilled spirits
to taxable beverage uses.
Current Actions: There are no changes
to this information collection, and TTB
is submitting it for extension purposes
only. However, TTB is decreasing the
number of annual respondents,
responses, and burden hours reported
for this collection due to a decrease in
the number applications and notices
received from nonbeverage product
manufacturers.
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: 350.
• Average Responses per Respondent:
2 per year.
• Number of Responses: 700.
• Average Per-response Burden: 30
minutes.
• Total Burden: 350 hours.
OMB Control No. 1513–0077
Title: Records of Things of Value to
Retailers, and Occasional Letter Reports
from Industry Members Regarding
Information on Sponsorships,
Advertisements, Promotions, etc. under
the FAA Act.
TTB Recordkeeping Number: TTB
REC 5190/1.
Abstract: The FAA Act at 27 U.S.C.
205 generally prohibits alcohol beverage
producers, importers, or wholesalers
from offering inducements to alcohol
retailers—giving things of value or
conducting certain types of
advertisements, promotions, or
sponsorships—unless such an action is
specifically exempted by regulation.
Under that FAA Act authority, the TTB
regulations in 27 CFR part 6, ‘‘TiedHouse,’’ describe exceptions to the
general FAA Act prohibition on offering
inducements to retailers and also
describe things that are considered to be
‘‘things of value’’ for purposes of
determining whether an inducement has
been offered. Among other provisions,
those regulations require alcohol
beverage industry members to keep
records concerning things of value
furnished to retailers, identifying the
item and the retailer receiving it, along
with the industry member’s cost and
any charges to the retailer for the item.
Industry members may use usual and
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customary commercial records to satisfy
that recordkeeping requirement, and
such records must be retained for 3
years, available for TTB inspection. In
addition, the part 6 regulations provide
that TTB may require, as part of a trade
practice investigation, a letter report
from an industry member regarding any
advertisements, promotions,
sponsorships, or other activities
conducted by, on behalf of, or benefiting
the industry member. This information
collection is necessary to detect and
prevent unfair trade practices as defined
by the FAA Act, and ensure compliance
with the Act’s trade practice exceptions
and limitations.
Current Actions: There are no changes
to this collection, and TTB is submitting
it for extension purposes only. However,
TTB is increasing the number of annual
respondents and responses reported for
this collection due to an increase in the
number of alcohol industry members.
TTB also is reporting an increase in the
burden hours for this collection’s
reporting requirement due to a change
in agency estimates.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
Estimated Annual Burden
• Number of Respondents: 59,950
(59,940 for recordkeeping and 10 for
reporting).
• Average Responses per Respondent:
1 (one response for ongoing
recordkeeping for 59,940 respondents
and one reporting response for 10
respondents).
• Number of Responses: 59,950
(54,940 for recordkeeping and 10 for
reporting).
• Average Per-response Burden: For
the 54,940 respondents required to keep
records, under the OMB regulations at 5
CFR 1320.3(b)(2), there is no perrespondent burden for the keeping of
the usual of customary business records
required under this collection. For the
10 respondents required by TTB to
submit letter reports, the estimated
burden is 8 hours per response.
• Total Burden: 80 hours.
OMB Control No. 1513–0078
Title: Applications for Permit to
Manufacture or Import Tobacco
Products or Processed Tobacco or to
Operate an Export Warehouse and
Applications to Amend Such Permits.
TTB Form Numbers: TTB F 5200.3,
5200.16, 5230.4, and 5230.5.
Abstract: The IRC at 26 U.S.C. 5712
and 5713 requires that importers and
manufacturers of tobacco products or
processed tobacco and export
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warehouse proprietors apply for and
obtain a permit before engaging in such
operations, or at such other times, as the
Secretary may prescribe by regulation.
In addition, 26 U.S.C. 5712 sets forth
certain circumstances under which a
permit application may be denied, such
as if the applicant, including any
corporate officer, director, or principle
stockholder, is ineligible to obtain a
permit by reason of business experience,
financial standing, or certain criminal
convictions. Under those IRC
authorities, the TTB regulations in 27
CFR parts 40, 41, and 44 require tobacco
industry members to submit
applications using the prescribed TTB
forms for new permits or, under certain
circumstances, amended permits.
Applicants use those forms and any
required supporting documents to
identify themselves and their business,
along with its location, organization,
financing, and major investors. Once
TTB issues a permit, the permittee must
retain a copy of their application
package for as long as they continue in
business, available for TTB inspection
upon request. This information
collection is necessary to protect the
revenue by ensuring that only those
entities eligible for a permit under the
law are provided a permit to engage in
such businesses.
Current Actions: There are no changes
to this information collection, and TTB
is submitting it for extension purposes
only. However, TTB is increasing the
number of annual respondents,
responses, and burden hours reported
for this collection due to increases in
the number of applications for amended
permits.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits; and State, local, and tribal
governments.
Estimated Annual Burden
• Number of Respondents: 470.
• Average Responses per Respondent:
1 (on occasion).
• Number of Responses: 470.
• Average Per-response Burden: 80
minutes.
• Total Burden: 627 hours.
OMB Control No. 1513–0080
Title: Distilled Spirits Plant
Equipment and Structures.
TTB Recordkeeping Number: TTB
REC 5110/12.
Abstract: The IRC at 26 U.S.C. 5178
and 5180 authorizes the Secretary to
issue regulations regarding the location,
construction, and arrangement of
distilled spirits plants (DSPs), the
identification of DSP structures,
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equipment, pipes, and tanks, and the
posting of an exterior sign at their place
of business. The IRC at 26 U.S.C. 5206
also requires DSP proprietors to mark
containers of distilled spirits, subject to
regulations prescribed by the Secretary.
The TTB regulations concerning the
identification of DSP plants, equipment,
structures, and bulk containers are
contained in 27 CFR part 19. Those
regulations describe the exterior
identification sign required at DSPs and
the identification signs or marks on DSP
structures, cookers, fermenters, stills,
tanks, and other major equipment. The
regulations also require tank cars and
tank trucks used by DSPs as bulk
conveyances for distilled spirits to be
permanently and legibly marked with
identifying information and capacity.
The information set forth under this
information collection is necessary to
protect the revenue and facilitate
inspections, as TTB uses the required
signs and marks to identify the location,
use, and capacity of a DSP’s structures,
equipment, and conveyances.
Current Actions: TTB is submitting
this information collection for extension
purposes only, and there are no changes
to the collection. However, due to
continued growth in the number of
distilled spirits plants, TTB is
increasing the number of reported
respondents to this information
collection.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
regulations require food labels to
declare the presence of sulfites if there
are 10 parts per million (ppm) or more
of a sulfating agent in a finished food
product. Under the FAA Act at 27
U.S.C. 205(e), the Secretary is
authorized to issue regulations requiring
alcohol beverage labels to provide
‘‘adequate information’’ to consumers
regarding the identity and quality of
such products. Under that authority and
consistent with FDA’s food labeling
requirements, the TTB alcohol beverage
labeling regulations in 27 CFR part 4
(wine), part 5 (distilled spirits), and part
7 (beer) require a declaration of sulfites
on the labels of alcohol beverages
released from domestic bottling
premises or customs custody when
sulfites are present in such products at
levels of 10 or more ppm. This label
disclosure is necessary to protect sulfitesensitive consumers from products that
could be potentially harmful to them.
Current Actions: There are no changes
to this information collection, and TTB
is submitting it for extension purposes
only. However, TTB is increasing the
number of reported respondents,
responses, and burden hours associated
with this information collection due to
continued growth in the number of
alcohol beverage producers and
importers, as well as continued growth
in the number of alcohol products
subject to 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: 3,160.
• Average Responses per Respondent:
1 per year.
• Number of Responses: 3,160.
• Average Per-response and Total
Burden: None. (The placing of the signs
and marks identifying DSP premises,
structures, equipment, and bulk
conveyances is a usual and customary
business practice undertaken by DSP
proprietors, regardless of any regulatory
requirement to do so. Therefore, per the
OMB regulations at 5 CFR 1320.3(b)(2),
there is no burden associated with the
collection of such usual of customary
business information.)
Estimated Annual Burden
• Number of Respondents: 24,700.
• Average Responses per Respondent:
1 (on occasion).
• Number of Responses: 24,700.
• Average Per-response Burden: 40
minutes.
• Total Burden: 16,467 hours.
OMB Control No. 1513–0084
Title: Labeling of Sulfites in Alcohol
Beverages.
Abstract: The U.S. Food and Drug
Administration (FDA) has determined
that sulfating agents are human
allergens that can have serious health
implications for persons who are
allergic to sulfites, particularly
asthmatics, and, as a result, FDA
VerDate Sep<11>2014
17:50 May 20, 2019
Jkt 247001
Dated: May 15, 2019.
Amy R. Greenberg,
Director, Regulations and Rulings Division.
[FR Doc. 2019–10547 Filed 5–20–19; 8:45 am]
BILLING CODE 4810–31–P
23161
Control (OFAC) is publishing the name
of a person whose property and interests
in property has been unblocked and
who has been removed from OFAC’s
List of Specially Designated Nationals
and Blocked Persons.
DATES: See SUPPLEMENTARY INFORMATION
section.
FOR FURTHER INFORMATION CONTACT:
OFAC: Associate Director for Global
Targeting, tel: 202–622–2420; Assistant
Director for Licensing, tel.: 202–622–
2480; Assistant Director for Regulatory
Affairs, tel.: 202–622–4855; Assistant
Director for Sanctions Compliance &
Evaluation, tel.: 202–622–2490; or the
Department of the Treasury’s Office of
the General Counsel: Office of the Chief
Counsel (Foreign Assets Control), tel.:
202–622–2410.
SUPPLEMENTARY INFORMATION:
Electronic Availability
The Specially Designated Nationals
and Blocked Persons List (SDN List) and
additional information concerning
OFAC sanctions programs are available
on OFAC’s website (https://
www.treasury.gov/ofac).
Notice of OFAC Action
On May 7, 2019, OFAC determined
that the property and interests in
property subject to U.S. jurisdiction of
the following person, which had been
blocked pursuant to section 1(a)(ii)(C) of
Executive Order 13692, ‘‘Blocking
Property and Suspending Entry of
Certain Persons Contributing to the
Situation in Venezuela,’’ was no longer
blocked, and removed the person from
the SDN List.
Individual
1. CRISTOPHER FIGUERA, Manuel
Ricardo, Caracas, Capital District, Venezuela;
DOB 08 Nov 1963; Gender Male; Cedula No.
8375799 (Venezuela) (individual)
[VENEZUELA].
Dated: May 15, 2019.
Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2019–10486 Filed 5–20–19; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
[Case ID VENEZUELA–16048]
Notice of OFAC Sanctions Action
Office of Foreign Assets
Control, Department of the Treasury.
ACTION: Notice.
AGENCY:
The U.S. Department of the
Treasury’s Office of Foreign Assets
SUMMARY:
PO 00000
Frm 00145
Fmt 4703
Sfmt 4703
[Case IDs VENEZUELA–EO13850–15912,
VENEZUELA–15923]
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
E:\FR\FM\21MYN1.SGM
21MYN1
Agencies
[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Notices]
[Pages 23157-23161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10547]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
[Docket No. TTB-2019-0001]
Proposed Information Collections; Comment Request (No. 74)
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 July 22,
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. 1513-0002
Title: Personnel Questionnaire--Alcohol and Tobacco Products.
TTB Form Number: TTB F 5000.9.
Abstract: Provisions of the Internal Revenue Code (IRC; 26 U.S.C
chapters 51 and 52) and the Federal Alcohol Administration Act (FAA
Act; 27 U.S.C. 201 et seq.) require persons wishing to engage in
certain alcohol and tobacco activities to obtain a permit, or approval
of a notice or registration, from the Secretary of the Treasury (the
Secretary) before beginning operations. The IRC and FAA Act provide
that an applicant is not eligible for such permits or approvals if the
Secretary finds that the applicant, (including company officers,
directors, or principal investors) is not likely to lawfully operate or
has certain criminal convictions. Under its delegated IRC and FAA Act
authorities, the TTB regulations authorize the collection of
information from applicants so that TTB can determine if they meet the
minimum statutory and regulatory qualifications for alcohol and tobacco
permits, notices, or registrations. To assist TTB in making such
determinations, applicants use form TTB F 5000.9, Personnel
Questionnaire--Alcohol and Tobacco, or its web-based Permits Online
equivalent, to provide TTB with information regarding their identity,
business history and financing, and criminal record, if any.
Current Actions: TTB is submitting this collection as a revision
due to program changes made at the Bureau's discretion. TTB has revised
TTB F 5000.9 and its electronic Permits Online equivalent to reduce the
amount of information collected and lower the per-respondent burden
associated with this information collection. TTB has removed certain
data fields that it no longer needs to determine a
[[Page 23158]]
respondent's identity or eligibility; the removed data fields include
the respondent's residence and employment history, citizenship status,
plans for additional investments in the applicant business, and bank
reference. TTB estimates that removal of those data fields will reduce
the per-respondent burden for this collection by at least 20 minutes,
resulting in a per-respondent burden of 60 minutes for the TTB F 5000.9
form and 50 minutes for its electronic Permits Online equivalent. These
program changes will reduce the estimated total annual burden for this
information collection by 4,033 hours. In addition, due to a change in
agency estimates, TTB is reducing the number of annual respondents to
this information collection from 14,283 to 9,350 (a reduction of
2,750), which further reduces the estimated total annual burden for
this collection by 2,292 hours.
Type of Review: Revision of a currently-approved collection.
Affected Public: Individuals or households.
Estimated Annual Burden
Number of Respondents: 9,350.
Average Responses per Respondent: 1 (on occasion).
Number of Responses: 9,350.
Average Per-response Burden: 51 minutes.
Total Burden: 7,958 hours.
OMB Control No. 1513-0035
Title: Inventory--Export Warehouse Proprietor.
TTB Form Number: TTB F 5220.3.
Abstract: The IRC at 26 U.S.C. 5721 requires export warehouse
proprietors to take inventories of all tobacco products, processed
tobacco, and cigarette papers and tubes on hand at the commencement of
business, the conclusion of business, and at other times as the
Secretary prescribes by regulation. Under that authority, the TTB
regulations in 27 CFR part 44 require export warehouse proprietors to
report their inventory of tobacco products, processed tobacco, and
cigarette papers and tubes using TTB F 5220.3, Inventory--Export
Warehouse Proprietor, when beginning or discontinuing business, when
certain changes in ownership or control of the business occur, or when
required to by the appropriate TTB officer. As authorized by the IRC at
26 U.S.C. 5741, the TTB regulations also require export warehouse
proprietors to retain a file copy of each such inventory report for 3
years, available for TTB inspection upon request.
Current Actions: There are no changes to this information
collection, and TTB is submitting it for extension purposes only.
However, TTB is decreasing the number of respondents, responses, and
burden hours associated with this information collection due to a
decrease in the number of export warehouse proprietors.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 82.
Average Responses per Respondent: 1 per year.
Number of Responses: 82.
Average Per-response Burden: 5 hours.
Total Burden: 410 hours.
OMB Control No. 1513-0045
Title: Distilled Spirits Plants--Excise Taxes (TTB REC 5110/06).
TTB Recordkeeping Number: TTB REC 5110/06.
Abstract: Under chapter 51 of the IRC, distilled spirits produced
or imported into the United States are subject to Federal excise tax,
which is determined at the time the spirits are withdrawn from bond and
which is paid by return, subject to regulations prescribed by the
Secretary. In addition, a credit may be taken against that tax for the
portion of a distilled spirits product's alcohol content derived from
wine or flavors. The TTB regulations in 27 CFR parts 19 and 26 require
distilled spirits excise taxpayers to keep certain records in support
of the information provided on their excise tax returns, including
information on the distilled spirits removed from their premises and
the products' applicable tax rates, as well as records related to
nontaxable removals, shortages, and losses. The required records are
necessary to protect the revenue as TTB uses the data collected to
ensure the appropriate amount of tax is paid, to verify claims for
refunds or remission of tax, and to account for the transfer of certain
distilled spirits excise taxes to the governments of Puerto Rico and
the U.S. Virgin Islands.
Current Actions: There are no changes to this information
collection, and TTB is submitting it for extension purposes only.
However, TTB is increasing the number of reported respondents,
responses, and burden hours associated with this information collection
due to continued growth in the number of distilled spirits plants.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 3,160.
Average Responses per Respondent: 26 per year.
Number of Responses: 82,160.
Average Per-response Burden: 1 hour.
Total Burden: 82,160 hours.
OMB Control No. 1513-0046
Title: Formula for Distilled Spirits under the Federal Alcohol
Administration Act.
TTB Form Number: TTB F 5110.38.
Abstract: The FAA Act at 27 U.S.C. 205(e) authorizes the Secretary
to issue regulations regarding the labeling of distilled spirits
products to prevent consumer deception, to provide the consumer with
adequate information as to the identity and quality of such products,
and to require a statement of composition in certain cases of distilled
spirits produced by blending or rectification or if neutral spirits
were used in the product's production, while the IRC at 26 U.S.C.
5222(c), 5223, and 5232, authorizes the Secretary to issue regulations
regarding the removal and addition of extraneous substances to
distilling materials or the redistillation of domestic and imported
spirits. Under those authorities, the TTB regulations in 27 CFR parts
5, 19, and 26 require proprietors to obtain TTB approval of formulas
for distilled spirits products when operations such as blending,
mixing, purifying, refining, compounding, or treating, change the
character, composition, class, or type of the spirits. Such formulas
are now filed using TTB F 5110.10, although TTB continues to allow
industry members to file the information using the legacy form TTB F
5110.38. Respondents use this form to list ingredients, and, in some
cases, the process used to produce the product. The collected
information allows TTB to determine whether a distilled spirits product
meets the applicable statutory and regulatory requirements.
Current Actions: There are no changes to this information
collection, and TTB is submitting it for extension purposes only.
However, due to a change in agency estimates, TTB is increasing the
number of respondents, responses, and burden hours associated with this
information collection from 30 each to 50 each.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits.
Estimated Annual Burden
Number of Respondents: 50.
[[Page 23159]]
Average Responses per Respondent: 1 (on occasion).
Number of Responses: 50.
Average Per-response Burden: 1 hour.
Total Burden: 50 hours.
OMB Control No. 1513-0063
Title: Stills: Notices, Registration, and Records.
TTB Recordkeeping Number: TTB REC 5150/8.
Abstract: The IRC, at 26 U.S.C. 5101 and 5179, allows the Secretary
to issue regulations to require manufacturers of stills to submit
notices regarding the manufacture and setup of stills, and it requires
all persons who possess or have custody of a still to register it with
the Secretary and provide information as to its location, type,
capacity, ownership, and the purpose for which it will be used. Under
those authorities, the TTB regulations in 27 CFR part 29 require still
manufacturers to provide certain notices and keep certain records
regarding the manufacture and setup of stills. Those regulations also
require still owners to register their stills with TTB and provide
certain notices and keep certain records regarding such registrations
and changes in ownership or location of stills.
Current Actions: TTB is submitting this information collection for
extension purposes only, and there are no changes to the collection or
its estimated annual burden.
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: 4 per year.
Number of Responses: 40.
Average Per-response Burden: 1 hour.
Total Burden: 40 hours.
OMB Control No. 1513-0068
Title: Records of Operations--Manufacturer of Tobacco Products or
Processed Tobacco.
TTB Recordkeeping Number: TTB REC 5210/1.
Abstract: The IRC at 26 U.S.C. 5741 requires manufacturers of
tobacco products, cigarette papers or tubes, or processed tobacco to
keep records, subject to Government inspection, as the Secretary
prescribes by regulation. Under that authority, the TTB regulations in
27 CFR part 40 require such manufacturers to keep daily records
regarding raw materials received and products manufactured, removed,
returned, consumed, transferred, destroyed, lost, or disclosed as
shortages. Those regulations provide that manufacturers may use usual
and customary commercial records, where possible, to keep and maintain
the required data, provided that TTB may readily ascertain the
information. Also, manufacturers must maintain the required records for
3 years and make them available for TTB inspection upon request. This
information collection is necessary to provide accountability over the
receipt, production, and disposition of tobacco products, cigarette
papers and tubes, and processed tobacco in order to prevent diversion
and protect the revenue.
Current Actions: There are no changes to this information
collection, and TTB is submitting it for extension purposes only.
However, TTB is decreasing the number of annual respondents, responses,
and burden hours reported for this information collection due to a
decrease in the number of tobacco product manufacturers.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits.
Estimated Annual Burden
Number of Respondents: 235.
Average Responses per Respondent: 1 per year.
Number of Responses: 235.
Average Per-response Burden: 2 hours. (This burden
estimate allows for the potential that not all of the information
required under this collection can be derived from usual and customary
business records.)
Total Burden: 470 hours.
OMB Control No. 1513-0070
Title: Tobacco Export Warehouse--Record of Operations.
TTB Recordkeeping Number: TTB REC 5220/1.
Abstract: In general, export warehouses store untaxpaid tobacco
products and cigarette papers and tubes, and processed tobacco which is
not subject to tax, until those commodities are exported. The IRC at 26
U.S.C. 5741 requires export warehouse proprietors to keep records
regarding such commodities, subject to Government inspection, as the
Secretary prescribes by regulation. Under that authority, the TTB
regulations in 27 CFR part 44 require export warehouse proprietors to
keep records showing the date, kind, and quantity of tobacco products,
cigarette papers and tubes, and processed tobacco received, removed,
transferred, destroyed, lost, or returned to a manufacturer or customs
bonded warehouse proprietor. Those regulations also provide that
respondents may use usual and customary commercial records to keep and
maintain the required data, provided that TTB may readily ascertain the
information. In addition, the regulations state that respondents must
maintain the required records for 3 years and make them available for
TTB inspection upon request. This information collection is necessary
to provide accountability over the transfer and export of tobacco
products, cigarette papers and tubes, and processed tobacco to protect
the revenue by preventing the diversion of untaxed commodities into the
domestic market.
Current Actions: There are no changes to this information
collection, and TTB is submitting it for extension purposes only.
However, TTB is decreasing the number of respondents and responses
reported for this collection due to a decrease in the number of export
warehouse proprietors.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 70.
Average Responses per Respondent: 1 (ongoing
recordkeeping).
Number of Responses: 70.
Average Per-response and Total Burden: None. (Per the OMB
regulation at 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. 1513-0072
Title: Applications and Notices--Manufacturers of Nonbeverage
Products.
TTB Recordkeeping Number: TTB REC 5530/1.
Abstract: The IRC, at 26 U.S.C. 5111-5114, authorizes manufacturers
of nonbeverage products to claim drawback (refund) of all but $1.00 per
proof gallon of the Federal excise tax paid on any distilled spirits
used in the manufacture of such products, and it authorizes the
Secretary to require a bond or other security for such drawback claims.
Under that IRC authority, the TTB regulations in 27 CFR part 17 require
manufacturers of nonbeverage products using distilled spirits on which
drawback will be claimed to register as such, and to submit certain
letterhead applications and notices. Such manufacturers must submit
applications, which require TTB approval, for nonbeverage distilled
spirits operations that present the most jeopardy to the revenue, while
[[Page 23160]]
manufacturers submit notices, which do not require TTB approval, for
such activities that present less jeopardy to the revenue. This
information collection allows TTB to ensure that nonbeverage distilled
spirits operations are in compliance with Federal law, and to protect
the revenue as it accounts for, and deters diversion of, distilled
spirits to taxable beverage uses.
Current Actions: There are no changes to this information
collection, and TTB is submitting it for extension purposes only.
However, TTB is decreasing the number of annual respondents, responses,
and burden hours reported for this collection due to a decrease in the
number applications and notices received from nonbeverage product
manufacturers.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 350.
Average Responses per Respondent: 2 per year.
Number of Responses: 700.
Average Per-response Burden: 30 minutes.
Total Burden: 350 hours.
OMB Control No. 1513-0077
Title: Records of Things of Value to Retailers, and Occasional
Letter Reports from Industry Members Regarding Information on
Sponsorships, Advertisements, Promotions, etc. under the FAA Act.
TTB Recordkeeping Number: TTB REC 5190/1.
Abstract: The FAA Act at 27 U.S.C. 205 generally prohibits alcohol
beverage producers, importers, or wholesalers from offering inducements
to alcohol retailers--giving things of value or conducting certain
types of advertisements, promotions, or sponsorships--unless such an
action is specifically exempted by regulation. Under that FAA Act
authority, the TTB regulations in 27 CFR part 6, ``Tied-House,''
describe exceptions to the general FAA Act prohibition on offering
inducements to retailers and also describe things that are considered
to be ``things of value'' for purposes of determining whether an
inducement has been offered. Among other provisions, those regulations
require alcohol beverage industry members to keep records concerning
things of value furnished to retailers, identifying the item and the
retailer receiving it, along with the industry member's cost and any
charges to the retailer for the item. Industry members may use usual
and customary commercial records to satisfy that recordkeeping
requirement, and such records must be retained for 3 years, available
for TTB inspection. In addition, the part 6 regulations provide that
TTB may require, as part of a trade practice investigation, a letter
report from an industry member regarding any advertisements,
promotions, sponsorships, or other activities conducted by, on behalf
of, or benefiting the industry member. This information collection is
necessary to detect and prevent unfair trade practices as defined by
the FAA Act, and ensure compliance with the Act's trade practice
exceptions and limitations.
Current Actions: There are no changes to this collection, and TTB
is submitting it for extension purposes only. However, TTB is
increasing the number of annual respondents and responses reported for
this collection due to an increase in the number of alcohol industry
members. TTB also is reporting an increase in the burden hours for this
collection's reporting requirement due to a change in agency estimates.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Estimated Annual Burden
Number of Respondents: 59,950 (59,940 for recordkeeping
and 10 for reporting).
Average Responses per Respondent: 1 (one response for
ongoing recordkeeping for 59,940 respondents and one reporting response
for 10 respondents).
Number of Responses: 59,950 (54,940 for recordkeeping and
10 for reporting).
Average Per-response Burden: For the 54,940 respondents
required to keep records, under the OMB regulations at 5 CFR
1320.3(b)(2), there is no per-respondent burden for the keeping of the
usual of customary business records required under this collection. For
the 10 respondents required by TTB to submit letter reports, the
estimated burden is 8 hours per response.
Total Burden: 80 hours.
OMB Control No. 1513-0078
Title: Applications for Permit to Manufacture or Import Tobacco
Products or Processed Tobacco or to Operate an Export Warehouse and
Applications to Amend Such Permits.
TTB Form Numbers: TTB F 5200.3, 5200.16, 5230.4, and 5230.5.
Abstract: The IRC at 26 U.S.C. 5712 and 5713 requires that
importers and manufacturers of tobacco products or processed tobacco
and export warehouse proprietors apply for and obtain a permit before
engaging in such operations, or at such other times, as the Secretary
may prescribe by regulation. In addition, 26 U.S.C. 5712 sets forth
certain circumstances under which a permit application may be denied,
such as if the applicant, including any corporate officer, director, or
principle stockholder, is ineligible to obtain a permit by reason of
business experience, financial standing, or certain criminal
convictions. Under those IRC authorities, the TTB regulations in 27 CFR
parts 40, 41, and 44 require tobacco industry members to submit
applications using the prescribed TTB forms for new permits or, under
certain circumstances, amended permits. Applicants use those forms and
any required supporting documents to identify themselves and their
business, along with its location, organization, financing, and major
investors. Once TTB issues a permit, the permittee must retain a copy
of their application package for as long as they continue in business,
available for TTB inspection upon request. This information collection
is necessary to protect the revenue by ensuring that only those
entities eligible for a permit under the law are provided a permit to
engage in such businesses.
Current Actions: There are no changes to this information
collection, and TTB is submitting it for extension purposes only.
However, TTB is increasing the number of annual respondents, responses,
and burden hours reported for this collection due to increases in the
number of applications for amended permits.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits; and State, local,
and tribal governments.
Estimated Annual Burden
Number of Respondents: 470.
Average Responses per Respondent: 1 (on occasion).
Number of Responses: 470.
Average Per-response Burden: 80 minutes.
Total Burden: 627 hours.
OMB Control No. 1513-0080
Title: Distilled Spirits Plant Equipment and Structures.
TTB Recordkeeping Number: TTB REC 5110/12.
Abstract: The IRC at 26 U.S.C. 5178 and 5180 authorizes the
Secretary to issue regulations regarding the location, construction,
and arrangement of distilled spirits plants (DSPs), the identification
of DSP structures,
[[Page 23161]]
equipment, pipes, and tanks, and the posting of an exterior sign at
their place of business. The IRC at 26 U.S.C. 5206 also requires DSP
proprietors to mark containers of distilled spirits, subject to
regulations prescribed by the Secretary. The TTB regulations concerning
the identification of DSP plants, equipment, structures, and bulk
containers are contained in 27 CFR part 19. Those regulations describe
the exterior identification sign required at DSPs and the
identification signs or marks on DSP structures, cookers, fermenters,
stills, tanks, and other major equipment. The regulations also require
tank cars and tank trucks used by DSPs as bulk conveyances for
distilled spirits to be permanently and legibly marked with identifying
information and capacity. The information set forth under this
information collection is necessary to protect the revenue and
facilitate inspections, as TTB uses the required signs and marks to
identify the location, use, and capacity of a DSP's structures,
equipment, and conveyances.
Current Actions: TTB is submitting this information collection for
extension purposes only, and there are no changes to the collection.
However, due to continued growth in the number of distilled spirits
plants, TTB is increasing the number of reported respondents to 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: 3,160.
Average Responses per Respondent: 1 per year.
Number of Responses: 3,160.
Average Per-response and Total Burden: None. (The placing
of the signs and marks identifying DSP premises, structures, equipment,
and bulk conveyances is a usual and customary business practice
undertaken by DSP proprietors, regardless of any regulatory requirement
to do so. Therefore, per the OMB regulations at 5 CFR 1320.3(b)(2),
there is no burden associated with the collection of such usual of
customary business information.)
OMB Control No. 1513-0084
Title: Labeling of Sulfites in Alcohol Beverages.
Abstract: The U.S. Food and Drug Administration (FDA) has
determined that sulfating agents are human allergens that can have
serious health implications for persons who are allergic to sulfites,
particularly asthmatics, and, as a result, FDA regulations require food
labels to declare the presence of sulfites if there are 10 parts per
million (ppm) or more of a sulfating agent in a finished food product.
Under the FAA Act at 27 U.S.C. 205(e), the Secretary is authorized to
issue regulations requiring alcohol beverage labels to provide
``adequate information'' to consumers regarding the identity and
quality of such products. Under that authority and consistent with
FDA's food labeling requirements, the TTB alcohol beverage labeling
regulations in 27 CFR part 4 (wine), part 5 (distilled spirits), and
part 7 (beer) require a declaration of sulfites on the labels of
alcohol beverages released from domestic bottling premises or customs
custody when sulfites are present in such products at levels of 10 or
more ppm. This label disclosure is necessary to protect sulfite-
sensitive consumers from products that could be potentially harmful to
them.
Current Actions: There are no changes to this information
collection, and TTB is submitting it for extension purposes only.
However, TTB is increasing the number of reported respondents,
responses, and burden hours associated with this information collection
due to continued growth in the number of alcohol beverage producers and
importers, as well as continued growth in the number of alcohol
products subject to 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: 24,700.
Average Responses per Respondent: 1 (on occasion).
Number of Responses: 24,700.
Average Per-response Burden: 40 minutes.
Total Burden: 16,467 hours.
Dated: May 15, 2019.
Amy R. Greenberg,
Director, Regulations and Rulings Division.
[FR Doc. 2019-10547 Filed 5-20-19; 8:45 am]
BILLING CODE 4810-31-P