[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Notices]
[Pages 1679-1683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00484]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

[Docket No. TTB-2016-0001]


Proposed Information Collections; Comment Request (No. 57)

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 proposed or continuing information 
collections listed below in this notice.

DATES: We must receive your written comments on or before March 14, 
2016.

ADDRESSES: As described below, you may send comments on the information 
collections listed 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. TTB no longer accepts public comments 
via email or fax.
     http://www.regulations.gov: Use the comment form for this 
document posted within Docket No. TTB-2015-0001 on ``Regulations.gov,'' 
the Federal e-rulemaking portal, to submit comments via the Internet;
     U.S. Mail: Michael Hoover, Regulations and Rulings 
Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., 
Box 12, Washington, DC 20005.
     Hand Delivery/Courier in Lieu of Mail: Michael Hoover, 
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 listed in this document. You must reference the information 
collection's title, form or recordkeeping requirement number, and OMB 
number (if any) in your comment.
    You may view copies of this document, the information collections 
listed in it and any associated instructions, and all comments received 
in response to this document within Docket No. TTB-2015-0001 at http://www.regulations.gov. A link to that docket is posted on the TTB Web 
site at http://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, Alcohol and Tobacco 
Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; 
telephone 202-453-1039, ext. 135; or email 
[email protected] (please do not submit comments on this 
notice 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 listed 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.

Information Collections Open for Comment

    Currently, we are seeking comments on the following forms, 
recordkeeping requirements, or questionnaires:

    Title: Personnel Questionnaire--Alcohol and Tobacco Products.
    OMB Number: 1513-0002.
    TTB Form Number: F 5000.9.
    Abstract: The information collected on TTB F 5000.9 enables TTB to 
determine whether or not an applicant for a Federal alcohol or tobacco 
permit, notice, or registration, or certain other personnel, such as 
officers or directors, of the business applied for, meet the minimum 
qualifications for that permit, notice, or registration. TTB F 5000.9 
is required in certain circumstances in which the information is deemed 
necessary, and includes such information as the individual's residence, 
business background, financial sources for the business, and criminal 
record.
    Current Actions: TTB is submitting this collection as a revision. 
TTB is revising TTB F 5000.9 to reduce to the amount of requested 
information, which will reduce the estimated per-respondent burden and 
total annual burden hours associated with this information collection.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals or households.
    Estimated Number of Respondents: 5,000.
    Estimated Total Annual Burden Hours: 6,250.

    Title: Application to Establish and Operate Wine Premises, and Wine 
Bond.
    OMB Number: 1513-0009.
    TTB Form Numbers: F 5120.25 and F 5120.36.
    Abstract: TTB uses the TTB F 5120.25, Application to Establish and 
Operate Wine Premises, to collect information used to determine the 
qualifications of an applicant applying to establish and operate a new 
wine premises. TTB F 5120.25 is also used by proprietors of established 
wine premises to report changes to required information such as 
location and ownership. TTB F 5120.36, Wine Bond, is used by new wine 
premises applicants or established proprietors and a surety company as 
a contract to ensure the payment of the Federal excise tax on wine.
    Current Actions: TTB is submitting this collection as a revision. 
The two

[[Page 1680]]

forms associated with this collection remain the same. However, TTB is 
decreasing the estimated number of respondents and the resulting total 
annual burden hours associated with this information collection due to 
a decrease in the number of new wine premises applicants.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 2,500.
    Estimated Total Annual Burden Hours: 2,500.

    Title: Formula and/or Process for Article Made With Specially 
Denatured Spirits.
    OMB Number: 1513-0011.
    TTB Form Number: F 5150.19.
    Abstract: TTB F 5150.19 is completed by persons who use specially 
denatured spirits in the manufacture of certain articles. TTB uses the 
information provided on the form to ensure that the manufacturing 
formulas and processes for an article conform to the requirements of 26 
U.S.C. 5273 regarding the sale, use, and recovery of denatured 
distilled spirits.
    Current Actions: TTB is submitting this collection as a revision. 
The form remain unchanged. However, TTB is decreasing the estimated 
number of respondents and the resulting total annual burden hours 
associated with this information collection due to a decrease in the 
number of specially denatured spirits users filing formulas on TTB F 
5150.19.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 1,132.
    Estimated Total Annual Burden Hours: 1,019.

    Title: User's Report on Denatured Spirits.
    OMB Number: 1513-0012.
    TTB Form Number: F 5150.18.
    Abstract: The information collected on TTB F 5150.18 summarizes the 
activities of a permit holder regarding the use of denatured spirits. 
In order to protect the revenue and ensure that permit holders lawfully 
operate, TTB examines and verifies the information collected on this 
report to identify unusual activities, errors, and omissions regarding 
the use of denatured spirits.
    Current Actions: TTB is submitting this collection as a revision. 
The form remains unchanged. However, TTB is decreasing the estimated 
number of respondents and the resulting total annual burden hours 
associated with this information collection due to a decrease in the 
number of permitted denatured spirits users.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 3,577.
    Estimated Total Annual Burden Hours: 1,073.

    Title: Report--Proprietor of Export Warehouse.
    OMB Number: 1513-0024.
    TTB Form Number: F 5220.4.
    Abstract: Using TTB F 5220.4, export warehouse proprietors account 
for receipt, storage, and disposition of processed tobacco and taxable 
tobacco products, cigarette papers, and cigarette tubes. TTB uses this 
information to protect the revenue by detecting and preventing 
diversion of products intended for export and to ensure compliance with 
Federal laws and regulations relating to the removal of tobacco 
products, cigarette papers, and cigarette tubes for export, which is 
tax-exempt.
    Current Actions: TTB is submitting this collection as a revision. 
The form and the estimated number of respondents remains unchanged. 
However, TTB is decreasing the estimated total annual burden hours 
associated with this information collection due to a decrease in the 
Bureau's estimate of the time it takes a respondent to complete the 
form.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Businesses or other for-profits.
    Estimated Number of Respondents: 80.
    Estimated Total Annual Burden Hours: 960.

    Title: Certificate of Tax Determination--Wine.
    OMB Number: 1513-0029.
    TTB Form Number: F 5120.20.
    Abstract: The information collected on TTB F 5120.20 supports an 
exporter's claim for drawback of the Federal excise tax on wine by 
requiring the exporter to certify that the tax has been paid or 
determined on a specified amount and type of wine that contains a 
specified amount of alcohol by volume.
    Current Actions: We are submitting this information collection for 
extension purposes only. The information collection, estimated number 
of respondents, and estimated number of burden hours remain unchanged.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
    Estimated Number of Respondents: 1,000.
    Estimated Total Annual Burden Hours: 500.

    Title: Application for Transfer of Spirits and/or Denatured Spirits 
in Bond.
    OMB Number: 1513-0038.
    TTB Form Number: F 5100.16.
    Abstract: TTB F 5100.16 is completed by distilled spirits plant 
proprietors who wish to receive spirits in bond from other distilled 
spirits plants. The proprietor of the receiving distilled spirits plant 
becomes liable for the Federal excise tax on the spirits received in 
bond from another plant. In order to protect the revenue, TTB uses the 
information collected on this form to determine if the applicant has 
sufficient bond coverage for the additional tax liability assumed when 
spirits are transferred in bond.
    Current Actions: We are submitting this information collection for 
extension purposes only. The information collection, estimated number 
of respondents, and estimated number of burden hours remain unchanged.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
    Estimated Number of Respondents: 1,000.
    Estimated Total Annual Burden Hours: 500.

    Title: Distilled Spirits Plants Warehousing Records (TTB REC 5110/
02), and Monthly Report of Storage Operations.
    OMB Number: 1513-0039.
    TTB Form Number: F 5110.11.
    TTB Recordkeeping Requirement Number: REC 5110/02.
    Abstract: The Internal Revenue Code at 26 U.S.C. 5005(c) provides 
that the proprietor of a distilled spirits plant is liable for the 
Federal excise taxes on all spirits stored on the plant's premises, and 
the records and reports required under this information collection are 
used by TTB to protect that revenue. TTB uses the collected information 
to account for a proprietor's tax liability, to verify the quantity and 
kind of distilled spirits and wine in storage, and to determine the 
adequacy of a proprietor's bond coverage. TTB also uses this 
information to monitor industry activities and compliance.
    Current Actions: TTB is submitting this collection as a revision. 
The information collection remains unchanged. However, TTB is 
increasing the estimated number of respondents

[[Page 1681]]

and the resulting total annual burden hours associated with this 
information collection due to an increase in the number of distilled 
spirits plants regulated by TTB.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 2,198.
    Estimated Total Annual Burden Hours: 52,752.

    Title: Distilled Spirits Plants--Excise Taxes (TTB REC 5110/06).
    OMB Number: 1513-0045.
    TTB Recordkeeping Requirement Number: REC 5110/06.
    Abstract: This collection of information is necessary to account 
for and verify taxable removals of distilled spirits. Under the TTB 
regulations, industry members must keep records of spirits removed and 
the applicable tax rates, and must keep records to account for and 
verify nontaxable removals. TTB uses the data collected to audit tax 
returns and payments, verify claims for refunds or remission of tax, 
and account for cover over of taxes to Puerto Rico and the U.S. Virgin 
Islands.
    Current Actions: TTB is submitting this collection as a revision. 
The information collection remains unchanged. However, TTB is 
increasing the estimated number of respondents and the resulting total 
annual burden hours associated with this information collection due to 
an increase in the number of distilled spirits plants regulated by TTB.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 2,198.
    Estimated Total Annual Burden Hours: 57,148.

    Title: Formula for Distilled Spirits under the Federal Alcohol 
Administration Act.
    OMB Number: 1513-0046.
    TTB Form Number: F 5110.38.
    Abstract: TTB F 5110.38 is used to determine the classification of 
distilled spirits for labeling and is also used for consumer 
protection. The form collects information regarding the person filing 
the formula, the type of product to be made, and the formulation for 
the product, including ingredients used such as the flavoring and 
blending materials and coloring agents.
    Current Actions: TTB is submitting this collection as a revision. 
TTB F 5110.38 remains unchanged. However, TTB is decreasing the 
estimated number of respondents and the resulting annual burden hours 
due to a decrease in the number of respondents using this form, which 
TTB is phasing out in favor of TTB F 5100.51, Formula and Process for 
Domestic and Imported Alcohol Beverages, approved under OMB control 
number 1513-0122.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 100.
    Estimated Total Annual Burden Hours: 2,000.

    Title: Distilled Spirits Plant Denaturation Records (TTB REC 5110/
04), and Monthly Report of Processing (Denaturing) Operations.
    OMB Number: 1513-0049.
    TTB Form Number: F 5110.43.
    TTB Recordkeeping Requirement Number: REC 5110/04.
    Abstract: The information collected is necessary to account for and 
to verify the denaturation of distilled spirits. A tax is imposed on 
distilled spirits other than those used for certain authorized 
nonbeverage purposes. Denatured spirits are normally not taxed and, as 
a result, a full accounting of those spirits is necessary to ensure 
that they have not been unlawfully diverted for beverage use. TTB uses 
the information collected under this information collection to protect 
the revenue.
    Current Actions: TTB is submitting this collection as a revision. 
The form and recordkeeping requirement associated with this information 
collection remain unchanged. However, TTB is increasing the 
collection's estimated number of respondents and the resulting total 
annual burden hours due to an increase in the number of distilled 
spirits plants regulated by TTB that engage in denaturing operations.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 365.
    Estimated Total Annual Burden Hours: 4,380.

    Title: Distilled Spirits Plants--Transaction and Supporting Records 
(TTB REC 5110/5).
    OMB Number: 1513-0056.
    TTB Recordkeeping Requirement Number: REC 5110/5.
    Abstract: A tax is imposed on distilled spirits other than those 
used for certain authorized nonbeverage purposes. The Internal Revenue 
Code at 26 U.S.C. 5207 provides that the proprietor of a distilled 
spirits plant (DSP) must maintain records of production activities, 
storage activities, denaturing activities, and processing activities, 
and must render reports covering those activities. This collection of 
information are those transaction records which a DSP proprietor must 
maintain as source documents for each of the activities listed above. 
The information contained in these records are used by distilled 
spirits plant proprietors to account for spirits and by TTB to verify 
those accounts and consequent tax liabilities. These records also 
account for spirits eligible for credit or drawback of Federal excise 
tax.
    Current Actions: TTB is submitting this collection as a revision. 
The recordkeeping requirement associated with this information 
collection remains unchanged. However, TTB is increasing the 
collection's estimated number of respondents and the resulting total 
annual burden hours due to an increase in the number of distilled 
spirits plants regulated by TTB.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 2,198.
    Estimated Total Annual Burden Hours: 47,916.

    Title: Letterhead Applications and Notices Relating to Tax-Free 
Alcohol (TTB REC 5150/4).
    OMB Number: 1513-0060.
    TTB Recordkeeping Requirement Number: REC 5150/4.
    Abstract: Tax-free alcohol is used for nonbeverage purposes in 
scientific research, for medicinal uses, and for other purposes by 
educational organizations, hospitals, clinics, laboratories, and 
similar institutions, and by State, local, and tribal governments. Use 
of tax-free alcohol is regulated to prevent illegal diversion to 
beverage use and for public safety. The applications, notices, and 
source records required by this information collection protect the 
revenue, help prevent and detect diversion, and ensure lawful use of 
tax-free alcohol.
    Current Actions: TTB is submitting this information collection for 
extension purposes only. The information collection, estimated number 
of respondents, and estimated number of burden hours remain unchanged.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits; Not-for-profit 
institutions; State, Local, and Tribal Governments.
    Estimated Number of Respondents: 3,333.

[[Page 1682]]

    Estimated Total Annual Burden Hours: 1,667.

    Title: Retail Liquor Dealers' Records of Receipts of Alcohol 
Beverages and Commercial Invoices (TTB REC 5170/3).
    OMB Number: 1513-0066.
    TTB Recordkeeping Requirement Number: REC 5170/3.
    Abstract: The Internal Revenue Code at 26 U.S.C. 5122 requires 
retail liquor dealers to keep records of all alcohol beverages received 
and to keep records of the disposition of alcohol beverages as may be 
prescribed by regulation. The TTB regulations at 27 CFR 31.181 require 
retail dealers to keep receipt invoices (or a separate record book) of 
all alcohol beverages received and to keep records of any sales of 
alcohol beverages of over 20 wine gallons to the same person at the 
same time. Under 27 CFR 31.191, these records must be maintained for at 
least three years. The information contained in these retail dealer 
records fulfills the statutory requirement.
    Current Actions: TTB is submitting this information collection for 
extension purposes only. The information collection, estimated number 
of respondents, and estimated total annual burden hours remain 
unchanged.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits; State, Local, and 
Tribal Governments.
    Estimated Number of Respondents: 455,000.
    Estimated Total Annual Burden Hours: 1 (one).

    Title: Wholesale Liquor and Beer Dealer Applications, Letterheads, 
and Notices Relating to Operations (Variations in Format or Preparation 
of Records), TTB REC 5170/6.
    OMB Number: 1513-0067.
    TTB Recordkeeping Requirement Number: REC 5170/6.
    Abstract: Under the authority of the Internal Revenue Code at 26 
U.S.C. 5121, the TTB regulations in 27 CFR part 31 require wholesale 
dealers to keep records of the receipt and disposition of distilled 
spirits. As authorized at 27 CFR 31.159, wholesale dealers may submit 
letterhead applications to the appropriate TTB officer for approval of 
variations in the type and format of such records, and, as authorized 
at 27 CFR 31.172, for variations in the place of retention for those 
records. This information collection consists of the records related to 
such variance requests, including variance applications and notices of 
TTB approval of requested variances. TTB review of these variance 
applications is necessary in order to determine that the variance would 
not unduly hinder the effective administration of 27 CFR part 31, 
jeopardize the revenue, or be contrary to any provisions of law.
    Current Actions: TTB is submitting this collection as a revision. 
The recordkeeping requirement remains unchanged. However, TTB is 
decreasing the estimated number of respondents and the resulting total 
annual burden hours associated with this information collection due to 
a decrease in the number of recordkeeping variance requests it receives 
from wholesale dealers.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 100.
    Estimated Total Annual Burden Hours: 50.

    Title: Alternate Methods or Procedures and Emergency Variations 
from Requirements for Exports of Liquors (TTB REC 5170/7).
    OMB Number: 1513-0082.
    TTB Recordkeeping Requirement Number: REC 5170/7.
    Abstract: Under the TTB regulations in 27 CFR part 28, exporters of 
alcohol may file letterhead applications requesting approval of 
alternate methods or procedures or emergency variations from the 
requirements of that part. TTB uses such applications to determine if 
the requested method, procedure, or emergency variation will protect 
the revenue and will not pose a burden to TTB in administering part 28, 
while allowing exporters the maximum operational flexibility.
    Current Actions: TTB is submitting this collection as a revision. 
This recordkeeping requirement remains unchanged. However, TTB is 
decreasing the estimated number of respondents and the annual burden 
hours associated with this information collection due to a decrease in 
the number of exporters applying for alternate methods or procedures 
and emergency variances.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Businesses or other for-profits.
    Estimated Number of Respondents: 270.
    Estimated Total Annual Burden Hours: 108.

    Title: Notices Relating to Payment of Firearms and Ammunition 
Excise Tax.
    OMB Number: 1513-0097.
    TTB Form or Recordkeeping Number: None.
    Abstract: Federal excise taxes are collected on the sale or use of 
firearms and ammunition by firearms or ammunition manufacturers, 
importers, and producers. Taxpayers who elect to pay these excise taxes 
by electronic fund transfer (EFT) must furnish a written notice to TTB 
when they elect to use or discontinue tax payment by EFT. TTB uses this 
information to anticipate and monitor taxpayer methods of payment and 
to ensure that taxes are remitted in the appropriate form, as chosen by 
the taxpayer.
    Current Actions: TTB is submitting this information collection for 
extension purposes only. The information collection, estimated number 
of respondents, and estimated number of burden hours remain unchanged.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
    Estimated Number of Respondents: 10.
    Estimated Total Annual Burden Hours: 1 (one).

    Title: Applications, Notices, and Permits Relative to Importation 
and Exportation of Distilled Spirits, Wine, and Beer, Including Puerto 
Rico and Virgin Islands.
    OMB Number: 1513-0100.
    TTB Form or Recordkeeping Number: None.
    Abstract: Distilled spirits, industrial alcohol, beer and wine are 
taxed when imported into the United States, but the Federal excise 
taxes collected on these commodities brought into the United States 
from Puerto Rico and the U.S. Virgin Islands are largely returned to 
their respective governments. Exports are generally tax free. The 
documents required under this information collection ensure that the 
proper taxes are collected and returned according to law.
    Current Actions: TTB is submitting this information collection for 
extension purposes only. The information collection, estimated number 
of respondents, and estimated total annual burden hours remain 
unchanged.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit.
    Estimated Number of Respondents: 20.
    Estimated Total Annual Burden Hours: 180.

    Title: Information Collected in Support of Small Producers Wine Tax 
Credit, TTB REC 5120/11.
    OMB Number: 1513-0104.
    TTB Recordkeeping Requirement Number: REC 5120/11.

[[Page 1683]]

    Abstract: Certain small wine producers are eligible for a tax 
credit which may be taken to reduce the Federal excise tax they pay on 
wines removed from their premises. In addition, small producers can 
transfer their tax credit to bonded warehouses, which store their wine 
and ship it on their instructions. Under TTB regulations, the 
transferee uses information provided by the small producer to take the 
appropriate credit on behalf of the small producer, and the producer 
will use the information to monitor its own tax payments to ensure it 
does not exceed the authorized annual credit. The information is used 
by taxpayers in preparing their returns and by TTB to verify tax 
computation.
    Current Actions: TTB is submitting this information collection for 
extension purposes only. The information collection, estimated number 
of respondents, and estimated total annual burden hours remain 
unchanged.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit.
    Estimated Number of Respondents: 280.
    Estimated Total Annual Burden Hours: 2,800.

    Dated: January 7, 2016.
Amy R. Greenberg,
Director, Regulations and Rulings Division.
[FR Doc. 2016-00484 Filed 1-12-16; 8:45 am]
BILLING CODE 4810-31-P