[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Notices]
[Pages 16548-16549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6346]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau


Proposed Information Collection; Comment Request

AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury.

ACTION: Notice and request for comments.

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SUMMARY: The Department of the Treasury, Alcohol and Tobacco Tax and 
Trade Bureau, as part of its continuing effort to reduce paperwork and 
respondent burden, invites the public and other Federal agencies to 
comment on proposed and continuing information collections, as required 
by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 
Currently, we are seeking comments on the TTB Questionnaire titled 
``Methanol Levels & Good Manufacturing Practices for Fruit Brandies.''

DATES: We must receive your written comments on or before May 31, 2005.

ADDRESSES: You may send comments to Jeffrey A. Salisbury, Alcohol and 
Tobacco Tax and Trade Bureau, at any of these addresses:
     P.O. Box 14412, Washington, DC 20044-4412;
     202-927-8525 (facsimile); or
     [email protected] (e-mail).
    Please reference the information collection's title in your 
comment. If you submit your comment via facsimile, send no more than 
five 8.5 x 11 inch

[[Page 16549]]

pages in order to ensure electronic access to our equipment.

FOR FURTHER INFORMATION CONTACT: To obtain additional information, 
copies of the information collection and its instructions, or copies of 
any comments received, contact Jeffrey A. Salisbury, Alcohol and 
Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412; or telephone 202-927-1188.

SUPPLEMENTARY INFORMATION:
    Title: Methanol Levels & Good Manufacturing Practices for Fruit 
Brandies.
    OMB Number: To be assigned.
    Abstract: TTB has authority under the Internal Revenue Code of 
1986, Title 26 U.S.C., and the Federal Alcohol Administration Act (FAA 
Act), 27 U.S.C. 201 et seq., over distilled spirits, wines, and malt 
beverage products. Section 105 of the FAA Act provides TTB with the 
authority to promulgate regulations regarding the labeling and 
advertising of alcohol beverages to provide consumers with adequate 
information concerning the identity and quality of such products.
    TTB is proposing a voluntary collection of information from fruit 
brandy producers and importers to identify good manufacturing practices 
used in producing fruit brandies. Under the Memorandum of Understanding 
Between the Food and Drug Administration (FDA) and the Bureau of 
Alcohol, Tobacco and Firearms (TTB's predecessor agency), 52 FR 45502, 
November 30, 1987 (MOU), (still in force after the Homeland Security 
Act of 2002, which established TTB), TTB is responsible for testing 
alcohol beverages for the presence of substances, which if detected, 
may make the product adulterated under the Federal Food, Drug and 
Cosmetic Act of 1938, as amended, 21 U.S.C. 301, et seq. (FD & C Act). 
TTB may in certain instances seek a ``health hazard evaluation'' from 
FDA to determine if a particular alcohol beverage is adulterated under 
the FD & C Act. As a result of FDA's recommendations, TTB may take 
enforcement action against importers and manufacturers in cases 
involving adulterated alcohol beverages based upon violations of TTB 
laws.
    With regard to methanol and fruit brandy specifically, FDA is 
responsible for issuing guidance on the safe level of methanol in fruit 
brandy marketed to consumers, while TTB is responsible for testing the 
level of methanol in fruit brandy to determine if it is adulterated 
under the FD & C Act. FDA is considering revising the maximum permitted 
level of methanol in fruit brandy, which is currently 0.35% by volume. 
Consequently, FDA is also considering revising or replacing their 
current guidance on fruit brandy (see Compliance Policy Guide (CPG) 
7119.09, October 1, 1980). As part of this effort, FDA has requested 
TTB's assistance to identify current manufacturing practices in the 
production of brandy. Based on the information obtained in the survey, 
FDA may identify good manufacturing practices used to make fruit 
brandies and utilize such information in developing guidance for 
industry.
    Accordingly, responses to the following questions will provide TTB 
with the required information to identify good manufacturing practices 
in the making of fruit brandy.

Questionnaire

    1. Where is your distilled spirits plant(s) located?
    2. On average, how much fruit brandy, by volume, do you produce in 
one year? (If you produce brandy from more than one fruit, please 
provide a breakdown of production volume by each type of fruit).
    3. What percentage of fruit brandy produced by you is sold in the 
United States? (If you produce brandy from more than one fruit, please 
provide a breakdown of production volume by each type of fruit).
    4. From what geographic location do you obtain the fruit used in 
the production of your fruit brandies?
    5. What quality control procedures do you have in place regarding 
the fruit used in your brandy production? (i.e. inspections, age of 
fruit, condition requirements, washing, etc.)
    6. How do you prepare the fruit to create the mash for 
fermentation?
    7. Do you use any additional enzymes in the mash to aid in the 
fermentation? If so, please describe the specific enzymes that you are 
using.
    8. Please describe the type of still you use in the production of 
your fruit brandies. (e.g. Pot, Alembic, Pot Rectified, Armagnac, 
Continuous, Other).
    9. What is the degree of proof of your fruit brandies at 
distillation, before dilution and bottling?
    10. In the case of brandies produced by pot still, what is the 
composite proof at distillation?
    11. What is the heads/tails cutoff distillation and how do you 
determine the cutoff points?
    12. What is your process for diluting the distillate in order to 
adjust the proof for bottling?
    13. What is the proof of your finished product after bottling?
    14. Are your fruit brandies aged before bottling? If yes, please 
describe the aging process and the aging period. Also, please indicate 
the proof of the product before and after aging.
    15. What quality control practices do you use, other than those 
previously mentioned, to control the level of methanol in your finished 
fruit brandies?
    16. Do you monitor the level of methanol in your fruit brandies? If 
you do monitor the level of methanol, describe your monitoring process 
and provide data on methanol levels for the past 3 years.
    Current Actions: New information collection.
    Type of Review: Regular.
    Affected Public: Business or other for-profit.
    Estimated Number of Respondents: 43.
    Estimated Total Annual Burden Hours: 91.75.

Request for Comments

    Comments submitted in response to this notice will be included or 
summarized in our request for Office of Management and Budget (OMB) 
approval of this 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.

    Dated: March 25, 2005.
William H. Foster,
Chief, Regulations and Procedures Division.
[FR Doc. 05-6346 Filed 3-30-05; 8:45 am]
BILLING CODE 4810-31-P