Proposed Information Collections; Comment Request (No. 92), 6563-6566 [2024-01988]
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Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Notices
railroad is Docket No. FRA–2010–0030.
For convenience, all active PTC dockets
are hyperlinked on FRA’s website at
https://railroads.dot.gov/researchdevelopment/program-areas/traincontrol/ptc/railroads-ptc-dockets. All
comments received will be posted
without change to https://
www.regulations.gov; this includes any
personal information.
FOR FURTHER INFORMATION CONTACT:
Gabe Neal, Staff Director, Signal, Train
Control, and Crossings Division,
telephone: 816–516–7168, email:
Gabe.Neal@dot.gov.
SUPPLEMENTARY INFORMATION: In general,
title 49 United States Code (U.S.C.)
section 20157(h) requires FRA to certify
that a host railroad’s PTC system
complies with title 49 Code of Federal
Regulations (CFR) part 236, subpart I,
before the technology may be operated
in revenue service. Before making
certain changes to an FRA-certified PTC
system or the associated FRA-approved
PTC Safety Plan (PTCSP), a host railroad
must submit, and obtain FRA’s approval
of, an RFA to its PTC system or PTCSP
under 49 CFR 236.1021.
Under 49 CFR 236.1021(e), FRA’s
regulations provide that FRA will
publish a notice in the Federal Register
and invite public comment in
accordance with 49 CFR part 211, if an
RFA includes a request for approval of
a material modification of a signal or
train control system. Accordingly, this
notice informs the public that, on
January 24, 2024, MBTA submitted an
RFA to its Advanced Civil Speed
Enforcement System II (ACSES II),
which seeks FRA’s approval for MBTA
to temporarily disable its ACSES II
while it conducts certain planned work
to implement an automatic train control
system on MBTA’s North Side Lines.
That RFA is available in Docket No.
FRA–2010–0030.
Interested parties are invited to
comment on MBTA’s RFA by
submitting written comments or data.
During FRA’s review of this railroad’s
RFA, FRA will consider any comments
or data submitted within the timeline
specified in this notice and to the extent
practicable, without delaying
implementation of valuable or necessary
modifications to a PTC system. See 49
CFR 236.1021; see also 49 CFR
236.1011(e). Under 49 CFR 236.1021,
FRA maintains the authority to approve,
approve with conditions, or deny a
railroad’s RFA at FRA’s sole discretion.
Privacy Act Notice
In accordance with 49 CFR 211.3,
FRA solicits comments from the public
to better inform its decisions. DOT posts
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these comments, without edit, including
any personal information the
commenter provides, to https://
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov. To facilitate comment
tracking, we encourage commenters to
provide their name, or the name of their
organization; however, submission of
names is completely optional. If you
wish to provide comments containing
proprietary or confidential information,
please contact FRA for alternate
submission instructions.
Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and
Technology.
[FR Doc. 2024–01938 Filed 1–31–24; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
[Docket No. TTB–2024–0003]
Proposed Information Collections;
Comment Request (No. 92)
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 continuing
or proposed information collections
listed below in this document.
DATES: We must receive your written
comments on or before April 1, 2024.
ADDRESSES: You may send comments on
the information collections described in
this document using one of these two
methods:
• Internet—To submit comments
electronically, use the comment form for
this document posted on the
‘‘Regulations.gov’’ e-rulemaking website
at https://www.regulations.gov within
Docket No. TTB–2024–0003.
• 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.
Please submit separate comments for
each specific information collection
described in this document. You must
SUMMARY:
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reference the information collection’s
title, form or recordkeeping requirement
number (if any), and OMB control
number in your comment.
You may view copies of this
document, the relevant TTB forms, and
any comments received at https://
www.regulations.gov within Docket No.
TTB–2023–0005. TTB has posted a link
to that docket on its website at https://
www.ttb.gov/rrd/information-collectionnotices. You also may obtain paper
copies of this document, the listed
forms, and any comments received by
contacting TTB’s Paperwork Reduction
Act Officer 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 complete the
Regulations and Rulings Division
contact form at https://www.ttb.gov/
contact-rrd.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Department of the Treasury and
its Alcohol and Tobacco Tax and Trade
Bureau (TTB), as part of a 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, as required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Comments submitted in response to
this document 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
an 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.
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Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Notices
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.
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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. 1513–0019
Title: Application for Amended
Permit under the Federal Alcohol
Administration Act.
TTB Form Number: TTB F 5100.18.
Abstract: The Federal Alcohol
Administration Act (FAA Act), at 27
U.S.C. 203, requires that persons apply
for and receive a permit to: (1) Import
distilled spirits, wine, or malt beverages
into the United States; (2) distill spirits
or produce wine, rectify or blend
distilled spirits or wine, or bottle and/
or warehouse distilled spirits; or (3)
purchase distilled spirits, wine, or malt
beverages for resale at wholesale. The
FAA Act, at 27 U.S.C. 204, also imposes
certain requirements for such permits
and authorizes the Secretary of the
Treasury (the Secretary) to prescribe
regulations for all permit applications.
The TTB regulations in 27 CFR part 1
provide for the amendment of an
existing permit using form TTB F
5100.18 when changes occur to the
name, trade name, address, ownership,
or control of the permitted business.
The collected information allows TTB to
determine if amended permit applicants
meet the FAA Act’s statutory eligibility
criteria for a permit.
Current Actions: There are no
program changes associated with this
information collection, and TTB is
submitting it for extension purposes
only. As for adjustments, due to changes
in agency estimates, TTB is increasing
the estimated number of annual
respondents, responses, and burden
hours associated with this information
collection.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
• Number of Respondents: 9,000.
• Average Responses per Respondent:
1 per year.
• Number of Responses: 9,000.
• Average per-Response Burden: 22
minutes.
• Total Burden: 3,300 hours.
OMB Control No. 1513–0028
Title: Application for an Industrial
Alcohol Under Permit.
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TTB Form Number: TTB F 5150.22.
Abstract: The Internal Revenue Code
(IRC) at 26 U.S.C. 5271 requires persons
to obtain a permit before they: (1)
Procure or use tax-free distilled spirits;
(2) procure, deal in, or use specially
denatured distilled spirits; or (3) recover
specially denatured or completely
denatured distilled spirits. That section
also prescribes the reasons a permit may
be denied or suspended. It also
authorizes the Secretary to issue
regulations regarding new and amended
permit applications. Under that IRC
authority, TTB has issued regulations
regarding industrial alcohol user
permits, which are contained in 27 CFR
part 20, Distribution and Use of
Denatured Alcohol and Rum, and 27
CFR part 22, Distribution and Use of
Tax-Free Alcohol. Specifically, the TTB
regulations require persons who desire
to use tax-free alcohol withdraw or to
deal in, use, or recover specially
denatured alcohol (alcohol or rum) to
apply for and receive an industrial
alcohol user permit using TTB F
5150.22 before beginning such activities
or when amending an existing permit.
TTB uses the collected information to
protect the revenue by determining the
eligibility of the applicant to engage in
operations involving industrial alcohol,
the location of the proposed operations,
and whether those operations will be
conducted in compliance with Federal
laws and regulations.
Current Actions: There are no
program changes or adjustments
associated with this information
collection, and TTB is submitting it for
extension purposes only.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits; State, local, and Tribal
governments.
• Number of Respondents: 2,710.
• Average Responses per Respondent:
1 per year.
• Number of Responses: 2,710.
• Average per-Response Burden: 0.8
hours.
• Total Burden: 2,168 hours.
OMB Control No. 1513–0033
Title: Report—Manufacturer of
Tobacco Products or Cigarette Papers
and Tubes; Report—Manufacturer of
Processed Tobacco.
TTB Form Numbers: TTB F 5210.5;
TTB F 5250.1.
Abstract: The IRC at 26 U.S.C. 5722
requires manufacturers of tobacco
products, cigarette papers and tubes,
and processed tobacco to make reports
containing such information, in such
form, at such times, and for such
periods as the Secretary prescribes by
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regulation. The TTB regulations
prescribe the use of TTB F 5210.5 to
report information about tobacco
products and cigarette papers and tubes
manufactured, received, and removed
each month, and the use of TTB F
5250.1 to report information about
processed tobacco manufactured,
received, and removed each month. TTB
uses the collected information to
determine whether the manufacturers of
such articles are properly paying
Federal excise taxes due and are in
compliance with the applicable Federal
law and regulations.
Current Actions: There are no
program changes or adjustments
associated with this information
collection, and TTB is submitting it for
extension purposes only.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
• Number of Respondents: 235.
• Average Responses per Respondent:
12 per year.
• Number of Responses: 2,820.
• Average per-Response Burden: 1
hour.
• Total Burden: 2,820 hours.
OMB Control No. 1513–0034
Title: Schedule of Tobacco Products,
Cigarette Papers, or Tubes Withdrawn
from the Market.
TTB Form Number: TTB F 5200.7.
Abstract: The IRC at 26 U.S.C. 5705
provides that a manufacturer, importer,
or export warehouse proprietor may
receive credit for, or refund of, the
Federal excise taxes paid on tobacco
products, cigarette papers, or cigarette
tubes withdrawn from the market upon
providing satisfactory proof of the
withdrawal. Under that IRC authority,
the TTB regulations provide for the use
of TTB F 5200.7 to identify tobacco
products, cigarette papers, or cigarette
tubes to be withdrawn from the market
and the location of those articles. The
form also documents the taxpayer’s
planned disposition of the articles
(destroyed, reduced to materials, or
returned to bond), and TTB’s decision to
witness or not witness that disposition.
Taxpayers then file the completed form
to support their subsequent claim for
credit or refund of the excise taxes paid
on the withdrawn articles. The collected
information is necessary to protect the
revenue as it allows TTB to determine
if such claims are valid.
Current Actions: There are no
program changes or adjustments
associated with this information
collection, and TTB is submitting it for
extension purposes only.
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Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits.
• Number of Respondents: 50.
• Average Responses per Respondent:
5 per year.
• Number of Responses: 250.
• Average per-Response Burden: 0.75
hour.
• Total Burden: 187.5 hours.
OMB Control No. 1513–0069
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Title: Tobacco Products
Manufacturers—Supporting Records for
Removals for the Use of the United
States.
Abstract: While tobacco products and
cigarette papers and tubes made in the
United States are generally subject to
Federal excise under the IRC at 26
U.S.C. 5701, the IRC also provides at 26
U.S.C. 5704(b) that manufacturers may
remove tobacco products and cigarette
papers and tubes without payment of
that tax ‘‘for use of the United States’’
under regulations issued by the
Secretary. As such, the TTB regulations
at 27 CFR 45.51 require manufacturers
removing such articles for use of the
United States to keep records
documenting certain information,
including the kind and quantity of
articles removed or returned and the
name and address of the receiving or
returning Federal agency. The required
records, which may consist of usual and
customary commercial records such as
invoices, are necessary to ensure that
tobacco products and cigarette papers
and tubes removed without payment of
tax are delivered to a Federal agency for
an authorized tax-exempt use.
Current Actions: There are no
program changes or adjustments
associated with this information
collection, and TTB is submitting it for
extension purposes only.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
• Number of Respondents: 205.
• Average Responses per Respondent:
1 per year.
• Number of Responses: 205.
• Average per-Response Burden: 1
hour.
• Total Burden: 205 hours.
OMB Control No. 1513–0073
Title: Manufacturers of Nonbeverage
Products—Records to Support Claims
for Drawback.
TTB Recordkeeping Number: TTB
REC 5530/2.
Abstract: While the IRC at 26 U.S.C.
5001 imposes Federal excise tax on
distilled spirits produced or imported
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into the United States, sections 5111–
5114 allow manufacturers of certain
‘‘nonbeverage’’ products—medicines,
medicinal preparations, food products,
flavors, flavoring extracts, or perfume—
to claim drawback (refund) of all but
$1.00 per proof gallon of the excise tax
paid on the distilled spirits contained in
or used in the production of such
products. Under those IRC authorities,
TTB has issued regulations in 27 CFR
part 17 governing nonbeverage product
drawback claims, which includes
requirements to keep source records
supporting such claims. The required
records, which may consist of usual and
customary business records, document
the distilled spirits received, taxes paid,
date and quantity used, amount of
alcohol recovered, other ingredients
received and used (to validate formula
compliance), quantity of intermediate
products transferred to other plants, and
the disposition or purchaser of the
products. The collected information is
necessary to protect the revenue as it
helps prevent payment of incorrect or
fraudulent claims and the diversion to
beverage use of distilled spirits subject
to nonbeverage drawback.
Current Actions: There are no
program changes associated with this
information collection, and TTB is
submitting it for extension purposes
only. As for adjustments, due to changes
in agency estimates, TTB is increasing
the estimated number of annual
respondents, responses, and burden
hours associated with this information
collection.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits.
• Number of Respondents: 670.
• Average Responses per Respondent:
1 (one).
• Number of Responses: 670.
• Average per-Response Burden: 1
hour.
• Total Burden: 670 hours.
OMB Control No. 1513–0075
Title: Proprietors or Claimants
Exporting Liquors.
TTB Recordkeeping Number: TTB
REC 5900/1.
Abstract: Under the IRC at 26 U.S.C.
5053, 5214, and 5362, distilled spirits,
wine, and beer may be exported without
payment of Federal excise tax. In
addition, under the IRC at 26 U.S.C.
5055 and 5062, taxpaid distilled spirits,
wine, and beer may be exported and the
exporter may claim drawback (refund)
on the excise taxes paid. Exporters must
complete various TTB and Customs
information collections to show that the
products were in fact exported. Specific
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6565
to this information collection, the TTB
alcohol export regulations in 27 CFR
part 28 require proprietors and
drawback claimants to maintain for 3
years record copies of all pertinent
forms and commercial records that
document the exportation of nontaxpaid alcohol beverages and taxpaid
alcohol beverages for which drawback
will be claimed. The collected
information is necessary to protect the
revenue as it allows TTB to verify the
exportation of untaxpaid alcohol
beverages and taxpaid alcohol beverages
on which drawback will be claimed.
Current Actions: There are no
program changes or adjustments
associated with this information
collection, and TTB is submitting it for
extension purposes only.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits.
• Number of Respondents: 750.
• Average Responses per Respondent:
1 per year.
• Number of Responses: 750.
• Average per-Response Burden: 1
hour.
• Total Burden: 750 hours.
OMB Control No. 1513–0099
Title: Administrative Remedies—
Requests for Closing Agreements.
Abstract: The IRC at 26 U.S.C. 7121
authorizes the Secretary to enter into a
written agreement with any person, or
their agent, relating to the liability of
that person for any internal revenue tax
for any taxable period. Under that
authority, TTB has issued regulations
pertaining to such ‘‘closing
agreements,’’ which require a taxpayer
or their agent to submit a written
request to TTB to enter into such an
agreement to resolve excise tax matters.
TTB uses the information collected in
the request and any attached supporting
documentation to determine whether
the Bureau should pursue a closing
agreement with the taxpayer. Closing
agreements allow TTB and a taxpayer to
resolve tax liability matters prior to any
adversarial legal or administrative
proceedings.
Current Actions: There are no
program changes or adjustments
associated with this information
collection, and TTB is submitting it for
extension purposes only.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
• Number of Respondents: 10.
• Average Responses per Respondent:
1 (one).
• Number of Responses: 10.
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• Average per-Response Burden: 1
hour.
• Total Burden: 10 hours.
OMB Control No. 1513–0101
Title: Marks and Notices on Packages
of Tobacco Products.
TTB Recordkeeping Number: TTB
REC 5210/13.
Abstract: The IRC at 26 U.S.C. 5723(b)
requires packages of tobacco products
(cigars, cigarettes, smokeless tobacco
(snuff and chewing tobacco), pipe
tobacco, and roll-your-own tobacco) and
cigarette paper or tubes to bear the
marks and notices required by
regulation. Under that authority, the
TTB regulations in 27 CFR parts 40, 41,
44, and 45 require packages or, in
certain cases, containers, of domestic
and imported tobacco products and
cigarette papers and tubes to bear
certain marks identifying the product,
its producer, place of production, excise
tax class, and its quantity or weight,
depending on the basis of the tax. The
TTB regulations also require certain taxexemption notices to appear on
packages or shipping containers of
tobacco products and cigarette papers or
tubes intended for export or for use of
the United States as such articles may
be removed without tax payment or
with benefit of tax drawback. The
required marks and notices are
necessary to protect the revenue as they
identify tobacco-related articles, the
applicable Federal excise tax
classification, and the responsible
taxpayers, and help prevent the
diversion of untaxed articles into the
domestic market.
Current Actions: There are no
program changes associated with this
information collection, and TTB is
submitting it for extension purposes
only. As for adjustments, due to changes
in agency estimates, TTB is decreasing
the estimated number of annual
respondents, responses, and burden
hours associated with this information
collection.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
• Number of Respondents: 680.
• Average Responses per Respondent:
1 per year.
• Number of Responses: 680.
• Average per-Response Burden: 1
hour.
• Total Burden: 680 hours.
regulations regarding the labeling of
distilled spirits, certain wines, and
certain beers in order to, among other
things, prohibit consumer deception
and ensure that labels provide
consumers with adequate information as
to the identity and quality of such
products. Under that authority, the TTB
regulations provide for the voluntary
labeling of major food allergens used in
the production of alcohol beverages.1
Under the TTB regulations, if an alcohol
beverage bottler declares on the label
that any one of these allergens are
contained in a product or used in its
production, the bottler must declare all
such allergens, including those used as
fining or processing agents. However,
the regulations allow a bottler to
petition TTB for a labeling exemption
for an allergen if evidence shows that,
while used in the product’s production,
it is not present in the finished product
at levels that would pose a risk to
human health. This information
collection provides a consistent means
through which bottlers can alert
consumers sensitive to these major food
allergens to their presence in finished
alcohol beverages.
Current Actions: There are no
program changes associated with this
information collection, and TTB is
submitting it for extension purposes
only. As for adjustments, due to changes
in agency estimates, TTB is increasing
the estimated number of annual
respondents, responses, and burden
hours associated with this information
collection.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses and other
for-profits.
• Number of Respondents: 750.
• Average Responses per Respondent:
1 per year.
• Number of Responses: 750.
• Average per-Response Burden: 0.8
hour.
• Total Burden: 600 hours.
Dated: January 29, 2024.
Amy R. Greenberg,
Deputy Assistant Administrator,
Headquarters Operations.
[FR Doc. 2024–01988 Filed 1–31–24; 8:45 am]
BILLING CODE 4810–31–P
OMB Control No. 1513–0121
Title: Labeling of Major Food
Allergens and Petitions for Exemption.
Abstract: The FAA Act at 27 U.S.C.
205(e) authorizes the Secretary to issue
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1 The major food allergens referenced here are
those defined in the Food Allergen Labeling and
Consumer Protection Act of 2004 (118 Stat. 905):
milk, eggs, fish, crustacean shellfish, tree nuts,
peanuts, wheat, and soybeans.
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Revision of an Approved
Collection; Comment Request; Record
and Disclosure Requirements—
Consumer Financial Protection Bureau
Regulations B, E, M, Z, and DD and
Board of Governors of the Federal
Reserve System Regulation CC
Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Notice and request for
comment.
AGENCY:
The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites
comment on a continuing information
collection, as required by the Paperwork
Reduction Act of 1995 (PRA). In
accordance with the requirements of the
PRA, the OCC may not conduct or
sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number. The OCC is
soliciting comment concerning a
revision to its information collection
titled, ‘‘Record and Disclosure
Requirements—Consumer Financial
Protection Bureau Regulations B, E, M,
Z, and DD and Board of Governors of
the Federal Reserve System Regulation
CC.’’
DATES: Comments must be received by
April 1, 2024.
ADDRESSES: Commenters are encouraged
to submit comments by email, if
possible. You may submit comments by
any of the following methods:
• Email: prainfo@occ.treas.gov.
• Mail: Chief Counsel’s Office,
Attention: Comment Processing, Office
of the Comptroller of the Currency,
Attention: 1557–0176, 400 7th Street
SW, Suite 3E–218, Washington, DC
20219.
• Hand Delivery/Courier: 400 7th
Street SW, Suite 3E–218, Washington,
DC 20219.
• Fax: (571) 293–4835.
Instructions: You must include
‘‘OCC’’ as the agency name and ‘‘1557–
0176’’ in your comment. In general, the
OCC will publish comments on
www.reginfo.gov without change,
including any business or personal
information provided, such as name and
address information, email addresses, or
phone numbers. Comments received,
including attachments and other
supporting materials, are part of the
public record and subject to public
SUMMARY:
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Agencies
[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Notices]
[Pages 6563-6566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01988]
=======================================================================
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
[Docket No. TTB-2024-0003]
Proposed Information Collections; Comment Request (No. 92)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB); Treasury.
ACTION: Notice and request for comments.
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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 continuing or proposed information
collections listed below in this document.
DATES: We must receive your written comments on or before April 1,
2024.
ADDRESSES: You may send comments on the information collections
described in this document using one of these two methods:
Internet--To submit comments electronically, use the
comment form for this document posted on the ``Regulations.gov'' e-
rulemaking website at https://www.regulations.gov within Docket No.
TTB-2024-0003.
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.
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 (if any), and OMB control number in your comment.
You may view copies of this document, the relevant TTB forms, and
any comments received at https://www.regulations.gov within Docket No.
TTB-2023-0005. TTB has posted a link to that docket on its website at
https://www.ttb.gov/rrd/information-collection-notices. You also may
obtain paper copies of this document, the listed forms, and any
comments received by contacting TTB's Paperwork Reduction Act Officer
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
complete the Regulations and Rulings Division contact form at https://www.ttb.gov/contact-rrd.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Department of the Treasury and its Alcohol and Tobacco Tax and
Trade Bureau (TTB), as part of a 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, as required by the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
Comments submitted in response to this document 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 an 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.
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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. 1513-0019
Title: Application for Amended Permit under the Federal Alcohol
Administration Act.
TTB Form Number: TTB F 5100.18.
Abstract: The Federal Alcohol Administration Act (FAA Act), at 27
U.S.C. 203, requires that persons apply for and receive a permit to:
(1) Import distilled spirits, wine, or malt beverages into the United
States; (2) distill spirits or produce wine, rectify or blend distilled
spirits or wine, or bottle and/or warehouse distilled spirits; or (3)
purchase distilled spirits, wine, or malt beverages for resale at
wholesale. The FAA Act, at 27 U.S.C. 204, also imposes certain
requirements for such permits and authorizes the Secretary of the
Treasury (the Secretary) to prescribe regulations for all permit
applications. The TTB regulations in 27 CFR part 1 provide for the
amendment of an existing permit using form TTB F 5100.18 when changes
occur to the name, trade name, address, ownership, or control of the
permitted business. The collected information allows TTB to determine
if amended permit applicants meet the FAA Act's statutory eligibility
criteria for a permit.
Current Actions: There are no program changes associated with this
information collection, and TTB is submitting it for extension purposes
only. As for adjustments, due to changes in agency estimates, TTB is
increasing the estimated number of annual respondents, responses, and
burden hours associated with this information collection.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Number of Respondents: 9,000.
Average Responses per Respondent: 1 per year.
Number of Responses: 9,000.
Average per-Response Burden: 22 minutes.
Total Burden: 3,300 hours.
OMB Control No. 1513-0028
Title: Application for an Industrial Alcohol Under Permit.
TTB Form Number: TTB F 5150.22.
Abstract: The Internal Revenue Code (IRC) at 26 U.S.C. 5271
requires persons to obtain a permit before they: (1) Procure or use
tax-free distilled spirits; (2) procure, deal in, or use specially
denatured distilled spirits; or (3) recover specially denatured or
completely denatured distilled spirits. That section also prescribes
the reasons a permit may be denied or suspended. It also authorizes the
Secretary to issue regulations regarding new and amended permit
applications. Under that IRC authority, TTB has issued regulations
regarding industrial alcohol user permits, which are contained in 27
CFR part 20, Distribution and Use of Denatured Alcohol and Rum, and 27
CFR part 22, Distribution and Use of Tax-Free Alcohol. Specifically,
the TTB regulations require persons who desire to use tax-free alcohol
withdraw or to deal in, use, or recover specially denatured alcohol
(alcohol or rum) to apply for and receive an industrial alcohol user
permit using TTB F 5150.22 before beginning such activities or when
amending an existing permit. TTB uses the collected information to
protect the revenue by determining the eligibility of the applicant to
engage in operations involving industrial alcohol, the location of the
proposed operations, and whether those operations will be conducted in
compliance with Federal laws and regulations.
Current Actions: There are no program changes or adjustments
associated with this information collection, and TTB is submitting it
for extension purposes only.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits; State, local, and
Tribal governments.
Number of Respondents: 2,710.
Average Responses per Respondent: 1 per year.
Number of Responses: 2,710.
Average per-Response Burden: 0.8 hours.
Total Burden: 2,168 hours.
OMB Control No. 1513-0033
Title: Report--Manufacturer of Tobacco Products or Cigarette Papers
and Tubes; Report--Manufacturer of Processed Tobacco.
TTB Form Numbers: TTB F 5210.5; TTB F 5250.1.
Abstract: The IRC at 26 U.S.C. 5722 requires manufacturers of
tobacco products, cigarette papers and tubes, and processed tobacco to
make reports containing such information, in such form, at such times,
and for such periods as the Secretary prescribes by regulation. The TTB
regulations prescribe the use of TTB F 5210.5 to report information
about tobacco products and cigarette papers and tubes manufactured,
received, and removed each month, and the use of TTB F 5250.1 to report
information about processed tobacco manufactured, received, and removed
each month. TTB uses the collected information to determine whether the
manufacturers of such articles are properly paying Federal excise taxes
due and are in compliance with the applicable Federal law and
regulations.
Current Actions: There are no program changes or adjustments
associated with this information collection, and TTB is submitting it
for extension purposes only.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Number of Respondents: 235.
Average Responses per Respondent: 12 per year.
Number of Responses: 2,820.
Average per-Response Burden: 1 hour.
Total Burden: 2,820 hours.
OMB Control No. 1513-0034
Title: Schedule of Tobacco Products, Cigarette Papers, or Tubes
Withdrawn from the Market.
TTB Form Number: TTB F 5200.7.
Abstract: The IRC at 26 U.S.C. 5705 provides that a manufacturer,
importer, or export warehouse proprietor may receive credit for, or
refund of, the Federal excise taxes paid on tobacco products, cigarette
papers, or cigarette tubes withdrawn from the market upon providing
satisfactory proof of the withdrawal. Under that IRC authority, the TTB
regulations provide for the use of TTB F 5200.7 to identify tobacco
products, cigarette papers, or cigarette tubes to be withdrawn from the
market and the location of those articles. The form also documents the
taxpayer's planned disposition of the articles (destroyed, reduced to
materials, or returned to bond), and TTB's decision to witness or not
witness that disposition. Taxpayers then file the completed form to
support their subsequent claim for credit or refund of the excise taxes
paid on the withdrawn articles. The collected information is necessary
to protect the revenue as it allows TTB to determine if such claims are
valid.
Current Actions: There are no program changes or adjustments
associated with this information collection, and TTB is submitting it
for extension purposes only.
[[Page 6565]]
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits.
Number of Respondents: 50.
Average Responses per Respondent: 5 per year.
Number of Responses: 250.
Average per-Response Burden: 0.75 hour.
Total Burden: 187.5 hours.
OMB Control No. 1513-0069
Title: Tobacco Products Manufacturers--Supporting Records for
Removals for the Use of the United States.
Abstract: While tobacco products and cigarette papers and tubes
made in the United States are generally subject to Federal excise under
the IRC at 26 U.S.C. 5701, the IRC also provides at 26 U.S.C. 5704(b)
that manufacturers may remove tobacco products and cigarette papers and
tubes without payment of that tax ``for use of the United States''
under regulations issued by the Secretary. As such, the TTB regulations
at 27 CFR 45.51 require manufacturers removing such articles for use of
the United States to keep records documenting certain information,
including the kind and quantity of articles removed or returned and the
name and address of the receiving or returning Federal agency. The
required records, which may consist of usual and customary commercial
records such as invoices, are necessary to ensure that tobacco products
and cigarette papers and tubes removed without payment of tax are
delivered to a Federal agency for an authorized tax-exempt use.
Current Actions: There are no program changes or adjustments
associated with this information collection, and TTB is submitting it
for extension purposes only.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Number of Respondents: 205.
Average Responses per Respondent: 1 per year.
Number of Responses: 205.
Average per-Response Burden: 1 hour.
Total Burden: 205 hours.
OMB Control No. 1513-0073
Title: Manufacturers of Nonbeverage Products--Records to Support
Claims for Drawback.
TTB Recordkeeping Number: TTB REC 5530/2.
Abstract: While the IRC at 26 U.S.C. 5001 imposes Federal excise
tax on distilled spirits produced or imported into the United States,
sections 5111-5114 allow manufacturers of certain ``nonbeverage''
products--medicines, medicinal preparations, food products, flavors,
flavoring extracts, or perfume--to claim drawback (refund) of all but
$1.00 per proof gallon of the excise tax paid on the distilled spirits
contained in or used in the production of such products. Under those
IRC authorities, TTB has issued regulations in 27 CFR part 17 governing
nonbeverage product drawback claims, which includes requirements to
keep source records supporting such claims. The required records, which
may consist of usual and customary business records, document the
distilled spirits received, taxes paid, date and quantity used, amount
of alcohol recovered, other ingredients received and used (to validate
formula compliance), quantity of intermediate products transferred to
other plants, and the disposition or purchaser of the products. The
collected information is necessary to protect the revenue as it helps
prevent payment of incorrect or fraudulent claims and the diversion to
beverage use of distilled spirits subject to nonbeverage drawback.
Current Actions: There are no program changes associated with this
information collection, and TTB is submitting it for extension purposes
only. As for adjustments, due to changes in agency estimates, TTB is
increasing the estimated number of annual respondents, responses, and
burden hours associated with this information collection.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits.
Number of Respondents: 670.
Average Responses per Respondent: 1 (one).
Number of Responses: 670.
Average per-Response Burden: 1 hour.
Total Burden: 670 hours.
OMB Control No. 1513-0075
Title: Proprietors or Claimants Exporting Liquors.
TTB Recordkeeping Number: TTB REC 5900/1.
Abstract: Under the IRC at 26 U.S.C. 5053, 5214, and 5362,
distilled spirits, wine, and beer may be exported without payment of
Federal excise tax. In addition, under the IRC at 26 U.S.C. 5055 and
5062, taxpaid distilled spirits, wine, and beer may be exported and the
exporter may claim drawback (refund) on the excise taxes paid.
Exporters must complete various TTB and Customs information collections
to show that the products were in fact exported. Specific to this
information collection, the TTB alcohol export regulations in 27 CFR
part 28 require proprietors and drawback claimants to maintain for 3
years record copies of all pertinent forms and commercial records that
document the exportation of non-taxpaid alcohol beverages and taxpaid
alcohol beverages for which drawback will be claimed. The collected
information is necessary to protect the revenue as it allows TTB to
verify the exportation of untaxpaid alcohol beverages and taxpaid
alcohol beverages on which drawback will be claimed.
Current Actions: There are no program changes or adjustments
associated with this information collection, and TTB is submitting it
for extension purposes only.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits.
Number of Respondents: 750.
Average Responses per Respondent: 1 per year.
Number of Responses: 750.
Average per-Response Burden: 1 hour.
Total Burden: 750 hours.
OMB Control No. 1513-0099
Title: Administrative Remedies--Requests for Closing Agreements.
Abstract: The IRC at 26 U.S.C. 7121 authorizes the Secretary to
enter into a written agreement with any person, or their agent,
relating to the liability of that person for any internal revenue tax
for any taxable period. Under that authority, TTB has issued
regulations pertaining to such ``closing agreements,'' which require a
taxpayer or their agent to submit a written request to TTB to enter
into such an agreement to resolve excise tax matters. TTB uses the
information collected in the request and any attached supporting
documentation to determine whether the Bureau should pursue a closing
agreement with the taxpayer. Closing agreements allow TTB and a
taxpayer to resolve tax liability matters prior to any adversarial
legal or administrative proceedings.
Current Actions: There are no program changes or adjustments
associated with this information collection, and TTB is submitting it
for extension purposes only.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Number of Respondents: 10.
Average Responses per Respondent: 1 (one).
Number of Responses: 10.
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Average per-Response Burden: 1 hour.
Total Burden: 10 hours.
OMB Control No. 1513-0101
Title: Marks and Notices on Packages of Tobacco Products.
TTB Recordkeeping Number: TTB REC 5210/13.
Abstract: The IRC at 26 U.S.C. 5723(b) requires packages of tobacco
products (cigars, cigarettes, smokeless tobacco (snuff and chewing
tobacco), pipe tobacco, and roll-your-own tobacco) and cigarette paper
or tubes to bear the marks and notices required by regulation. Under
that authority, the TTB regulations in 27 CFR parts 40, 41, 44, and 45
require packages or, in certain cases, containers, of domestic and
imported tobacco products and cigarette papers and tubes to bear
certain marks identifying the product, its producer, place of
production, excise tax class, and its quantity or weight, depending on
the basis of the tax. The TTB regulations also require certain tax-
exemption notices to appear on packages or shipping containers of
tobacco products and cigarette papers or tubes intended for export or
for use of the United States as such articles may be removed without
tax payment or with benefit of tax drawback. The required marks and
notices are necessary to protect the revenue as they identify tobacco-
related articles, the applicable Federal excise tax classification, and
the responsible taxpayers, and help prevent the diversion of untaxed
articles into the domestic market.
Current Actions: There are no program changes associated with this
information collection, and TTB is submitting it for extension purposes
only. As for adjustments, due to changes in agency estimates, TTB is
decreasing the estimated number of annual respondents, responses, and
burden hours associated with this information collection.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Number of Respondents: 680.
Average Responses per Respondent: 1 per year.
Number of Responses: 680.
Average per-Response Burden: 1 hour.
Total Burden: 680 hours.
OMB Control No. 1513-0121
Title: Labeling of Major Food Allergens and Petitions for
Exemption.
Abstract: The FAA Act at 27 U.S.C. 205(e) authorizes the Secretary
to issue regulations regarding the labeling of distilled spirits,
certain wines, and certain beers in order to, among other things,
prohibit consumer deception and ensure that labels provide consumers
with adequate information as to the identity and quality of such
products. Under that authority, the TTB regulations provide for the
voluntary labeling of major food allergens used in the production of
alcohol beverages.\1\ Under the TTB regulations, if an alcohol beverage
bottler declares on the label that any one of these allergens are
contained in a product or used in its production, the bottler must
declare all such allergens, including those used as fining or
processing agents. However, the regulations allow a bottler to petition
TTB for a labeling exemption for an allergen if evidence shows that,
while used in the product's production, it is not present in the
finished product at levels that would pose a risk to human health. This
information collection provides a consistent means through which
bottlers can alert consumers sensitive to these major food allergens to
their presence in finished alcohol beverages.
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\1\ The major food allergens referenced here are those defined
in the Food Allergen Labeling and Consumer Protection Act of 2004
(118 Stat. 905): milk, eggs, fish, crustacean shellfish, tree nuts,
peanuts, wheat, and soybeans.
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Current Actions: There are no program changes associated with this
information collection, and TTB is submitting it for extension purposes
only. As for adjustments, due to changes in agency estimates, TTB is
increasing the estimated number of annual respondents, responses, and
burden hours associated with this information collection.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses and other for-profits.
Number of Respondents: 750.
Average Responses per Respondent: 1 per year.
Number of Responses: 750.
Average per-Response Burden: 0.8 hour.
Total Burden: 600 hours.
Dated: January 29, 2024.
Amy R. Greenberg,
Deputy Assistant Administrator, Headquarters Operations.
[FR Doc. 2024-01988 Filed 1-31-24; 8:45 am]
BILLING CODE 4810-31-P