[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24842-24846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11494]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

[Docket No. TTB-2018-0001]


Proposed Information Collections; Comment Request (No. 69)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

[[Page 24843]]


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, the Alcohol and Tobacco Tax and Trade Bureau (TTB) invites 
comments on the proposed or continuing information collections listed 
below in this document.

DATES: Comments are due on or before July 30, 2018.

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.
     https://www.regulations.gov: Use the comment form for this 
document posted within Docket No. TTB-2018-0001 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-2018-0001 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, 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 the 
information collections listed in this document 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 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 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 comments.
    For each information collection listed below, we invite comments 
on: (a) Whether the 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 information 
collections (forms, recordkeeping requirements, or questionnaires):

    Title: Brewer's Report of Operations, and Quarterly Brewer's Report 
of Operations.
    OMB Number: 1513-0007.
    TTB Form Number: F 5130.9 and F 5130.26.
    Abstract: The Internal Revenue Code (IRC) at 26 U.S.C. 5415 
requires all brewers to submit reports regarding their operations in 
the form and manner prescribed by regulation. Under that authority, the 
TTB regulations require brewers to file monthly operations reports 
using TTB F 5130.9 if they anticipate an annual Federal excise tax 
liability of $50,000 or more for beer in a given calendar year. The TTB 
regulations also state that brewers that anticipate a liability of less 
than $50,000 for such taxes in a given year and that had such liability 
the previous year may file operations reports either monthly using TTB 
F 5130.9 or quarterly using TTB F 5130.26.
    Current Actions: This information collection remains unchanged, and 
TTB is submitting it only for extension purposes. However, TTB is 
increasing the estimated number of respondents, responses, and annual 
burden hours associated with this information collection due to 
continued growth in the number of brewers regulated by TTB and to 
account for all possible brewers operational reports that the Bureau 
may receive.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 9,000.
    Estimated Total Annual Burden Hours: 43,200.

    Title: Application and Permit to Ship Liquors and Articles of 
Puerto Rican Manufacture Taxpaid to the United States.
    OMB Number: 1513-0008.
    TTB Form Number: F 5170.7.
    Abstract: The IRC at 26 U.S.C. 7652 provides that products of 
Puerto Rican manufacture shipped to the United States and withdrawn for 
consumption or sale are subject to a tax equal to the internal revenue 
tax imposed on like products manufactured in the United States, and 
that the taxes collected on such products are to be covered 
(transferred) into the Treasury of Puerto Rico. Under the TTB 
regulations in 27 CFR part 26, applicants use TTB F 5170.7 to apply 
for, and to document, the shipment of tax-paid or tax-determined Puerto 
Rican spirits to the United States. The form documents the specific 
spirits and articles to be shipped, the amounts shipped and received, 
and the amount of tax, and it identifies the consignor in Puerto Rico 
and consignee in the United States. TTB uses the information to verify 
the accuracy of prepayments of excise tax and semimonthly payments of 
deferred excise taxes, and to maintain the account of revenue to be 
transferred into the Treasury of Puerto Rico. This information is 
necessary to protect the revenue.
    Current Actions: This information collection remains unchanged, and 
TTB is submitting it only for extension purposes. However, while the 
number

[[Page 24844]]

of respondents remains the same, TTB is increasing the estimated number 
of responses and total annual burden hours associated with this 
information collection due to a more accurate accounting of the number 
of TTB F 5170.7 forms received by the office that processes that form.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 20.
    Estimated Total Annual Burden Hours: 1,100.

    Title: Application for a Basic Permit under the Federal Alcohol 
Administration Act.
    OMB Number: 1513-0018.
    TTB Form Number: F 5100.24.
    Abstract: Section 103 of the Federal Alcohol Administration (FAA) 
Act (27 U.S.C. 203) requires that a person apply for and receive a 
basic permit to engage in the business of: (1) Importing distilled 
spirits, wine, or malt beverages into the United States, (2) producing 
distilled spirits or wine, or (3) purchasing for resale at wholesale 
distilled spirits, wine, or malt beverages. In addition, section 104 of 
The FAA Act (27 U.S.C. 204(c)) authorizes the Secretary of the Treasury 
to prescribe the manner and form of, and the information required in, 
such applications. Under these authorities, the TTB regulations at 27 
CFR 1.25 provide that new applications for FAA Act basic permits must 
be made on form TTB F 5100.24. This application enables TTB to 
determine the location of the business, the extent of its operations, 
and if the applicant is qualified under the law to receive a FAA Act 
basic permit.
    Current Actions: This information collection remains unchanged, and 
TTB is submitting it only for extension purposes. However, TTB is 
increasing the estimated number of respondents, responses, and annual 
burden hours associated with this information collection due to 
continued growth in the number of new FAA Act basic permit applications 
received by TTB.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 6,000.
    Estimated Total Annual Burden Hours: 6,675.

    Title: Formula and Process for Nonbeverage Product.
    OMB Number: 1513-0021.
    TTB Form Number: F 5154.1.
    Abstract: The IRC at 26 U.S.C. 5131-5134, authorizes drawback 
(refund) of excise tax paid on distilled spirits that are subsequently 
used in the manufacture of medicines, medicinal preparations, food 
products, flavors, flavoring extracts, or perfume that are unfit for 
beverage purposes, and authorizes the Secretary to prescribe 
regulations to ensure that drawback is not paid for unauthorized 
purposes. Under these authorities, TTB has issued regulations to 
require that drawback claimants show that the distilled spirits for 
which a drawback claim is made were used in the manufacture of a 
product unfit for beverage use. This showing is based on the product's 
formula, which is submitted on form TTB F 5154.1. This information 
collection is necessary to protect the revenue as it allows TTB to 
determine if a given product is unfit for beverage use and is of a type 
authorized for drawback by the IRC. In addition, this information 
collection is beneficial to respondents as TTB's determination allows 
claimants to know in advance of actual manufacture if a product is or 
is not fit for beverage purposes and thus eligible or not eligible for 
drawback.
    Current Actions: TTB is submitting this information collection for 
extension purposes; there is no change to the collection or its 
estimated burden.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 620.
    Estimated Total Annual Burden Hours: 2,370.

    Title: Environmental Information and Supplemental Information on 
Water Quality Consideration Under 33 U.S.C. 1341(a).
    OMB Number: 1513-0023.
    TTB Form Number: F 5000.29 and F 5000.30.
    Abstract: To comply with provisions of the National Environmental 
Policy Act (42 U.S.C. 4332), the Federal Water Pollution Control Act 
(Clean Water Act, 33 U.S.C. 1341(a)), and their implementing 
regulations as found, respectively, in 40 CFR 1500.6 and 40.123.3, TTB 
has developed two environmental information collection forms. TTB uses 
information supplied on TTB F 5000.29 by a manufacturer regarding solid 
and liquid waste, air and noise pollution, and the like to determine if 
their activities will have a significant effect on the environment and 
to determine if a formal environmental impact statement or an 
environmental permit is necessary for the proposed activities. TTB uses 
the information supplied on TTB F 5000.30 by a manufacturer that 
discharge effluent into navigable waters to determine if a 
certification or waiver by the applicable State water quality agency is 
required under the Clean Water Act.
    Current Actions: This information collection remains unchanged, and 
TTB is submitting it only for extension purposes. However, TTB is 
increasing the estimated number of respondents, responses, and annual 
burden hours associated with this information collection due to 
continued growth in the number of industry members submitting these 
forms to TTB.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 3,800.
    Estimated Total Annual Burden Hours: 2,346.

    Title: Application for Operating Permit Under 26 U.S.C. 5171(d).
    OMB Number: 1513-0040.
    TTB Form Number: F 5110.25.
    Abstract: Under the IRC at 26 U.S.C. 5171(d), persons who intend to 
(1) distill spirits, denature spirits, bottle or package, or warehouse 
spirits for industrial use, (2) manufacture articles using distilled 
spirits, or (3) warehouse bulk spirits for non-industrial use without 
bottling must apply for and obtain an operating permit. Only one such 
IRC-based operating permit is issued to a DSP, which specifies the 
operations authorized under the permit. Under the TTB distilled spirits 
plant regulations in 27 CFR part 19, before beginning operations, 
persons apply for an IRC-based operating permit using form TTB F 
5110.25. Collection of this information by TTB is necessary to protect 
the revenue as it allows TTB to determine if the application is 
qualified under the law to enter into the specified distilled spirits 
operations. This assists in limiting the number of persons engaged in 
the illicit manufacture and sale of non-taxpaid distilled spirits and/
or the diversion of industrial alcohol to taxable beverage use.
    Current Actions: TTB is submitting this information collection for 
extension purposes; there is no change to the collection or its 
estimated burden.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 100.
    Estimated Total Annual Burden Hours: 25.


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    Title: Alcohol Fuel Plants (AFP) Records, Reports, and Notices.
    OMB Number: 1513-0052
    TTB Form Number: F 5110.75.
    TTB Recordkeeping Requirement Number: REC 5110/10.
    Abstract: Under the IRC at 26 U.S.C. 5001, distilled spirits 
produced or imported into the United States are subject to an excise 
tax of up to $13.50 per proof gallon. However, under 26 U.S.C. 
5214(a)(12) distilled spirits used for fuel purposes may be withdrawn 
from a distilled spirits plant (DSP) free of tax. To protect the 
revenue and help prevent diversion of alcohol fuel to taxable beverage 
use, 26 U.S.C. 5181 and 5207 require a proprietor of a DSP established 
as an alcohol fuel plant (AFP) to make applications, maintain records, 
and render reports as the Secretary of the Treasury prescribes by 
regulation. Under those IRC authorities, TTB has issued AFP fuel 
regulations in 27 CFR, part 19, subpart X, which require AFP 
proprietors to keep certain records, provide certain notices, and make 
annual operations reports using form TTB F 5110.75. The information 
collected under these regulations is necessary to keep AFP permits 
current, to account for distilled spirits produced for fuel purposes 
and verify the spirits' disposition, and to evaluate requested 
variations from prescribed AFP procedures.
    Current Actions: This information collection remains unchanged, and 
TTB is submitting it only for extension purposes. However, TTB is 
increasing the estimated number of respondents to this information 
collection due to continued growth in the number of AFPs regulated by 
TTB. However, TTB is decreasing the number of total annual burden hours 
for this information collection due to more accurate estimates of the 
number of AFP-related letterhead notices received by TTB.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 1,900.
    Estimated Total Annual Burden Hours: 1,970.

    Title: Federal Firearms and Ammunition Quarterly Excise Tax Return.
    OMB Number: 1513-0094.
    TTB Form Number: F 5300.26.
    Abstract: The Internal Revenue Code (IRC) at 26 U.S.C. 4181 imposes 
a Federal excise tax on the sale of pistols, revolvers, other firearms, 
and shells and cartridges (ammunition) sold by manufacturers, 
producers, and importers. The IRC at 26 U.S.C. 6001 and 6011 provides 
for the filing of a return for this firearms and ammunition excise tax 
(FAET), which is administered and collected by TTB. The TTB regulations 
in 27 CFR part 53 prescribe the use of the FAET return form, TTB F 
5300.26. TTB uses the information collected on that return form to 
determine how much FAET is owed by the respondent, and to verify that 
the respondent has correctly determined and paid the tax liability. 
This return is filed on a quarterly basis.
    Current Actions: TTB is submitting this information collection for 
extension purposes; there is no change to the collection or its 
estimated burden.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 675.
    Estimated Total Annual Burden Hours: 18,900.

    Title: Tobacco Bond--Collateral, Tobacco Bond--Surety, and Tobacco 
Bond.
    OMB Number: 1513-0103.
    TTB Form Numbers: F 5200.25, F 5200.26, and F 5200.29.
    Abstract: To protect the revenue, the IRC at 26 U.S.C. 5711 
requires that every person, before commencing business as a 
manufacturer of tobacco products or cigarette papers and tubes, or as 
an export warehouse proprietor, file a bond in the amount, form, and 
manner as prescribed by the Secretary by regulation. Also, the IRC at 
26 U.S.C. 7101 requires that such bonds be guaranteed by a surety or by 
the deposit of collateral in the form of United States Treasury bonds 
or notes. Under these IRC authorities, TTB has issued tobacco bond 
regulations in 27 CFR parts 40 and 44. These regulations require the 
prescribed persons to file a surety or collateral bond with TTB in an 
amount equivalent to the potential tax liability of the person, within 
a minimum and a maximum amount. The TTB regulations also require a 
strengthening bond when the amount of an existing bond is found to be 
insufficient, and require a superseding bond when a current bond is no 
longer valid for reasons specified by regulation. The prescribed 
persons may provide a surety bond using TTB F 5000.25 or a collateral 
bond using TTB F 5000.26. TTB F 5200.29 is a combination of those two 
forms, and it currently may be used to meet TTB's tobacco bond 
requirements under an approved alternate procedure.
    Current Actions: TTB is submitting this information collection for 
extension purposes; there is no change to the collection or its 
estimated burden.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 215.
    Estimated Total Annual Burden Hours: 366.

    Title: Monthly Report--Importer of Tobacco Products or Processed 
Tobacco.
    OMB Number: 1513-0107.
    TTB Form Number: F 5220.6.
    Abstract: Under the IRC at 26 U.S.C. 5722, importers of tobacco 
products and of processed tobacco are required to make reports 
containing such information, in such form, at such times, and for such 
periods as the Secretary shall prescribe by regulation. Under this 
authority, the TTB tobacco import regulations in 27 CFR part 41 require 
importers of tobacco products and importers of processed tobacco to 
submit a monthly report on TTB F 5220.6 to account for such products on 
hand, received, and removed. TTB requires this information to protect 
the revenue as it assists TTB in ensuring that the appropriate taxes on 
such products are paid. The required information also allows TTB to 
determine the amount and disposition of tobacco products and processed 
tobacco imported into the United States, which assists TTB in 
preventing diversion of tobacco products and processed tobacco into the 
illegal market.
    Current Actions: This information collection remains unchanged, and 
TTB is submitting it only for extension purposes. However, TTB is 
increasing the estimated number of respondents, responses, and annual 
burden hours associated with this information collection due to an 
increase in the number of tobacco product importers and to account for 
all possible tobacco product and processed tobacco import reports that 
the Bureau may receive.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 475.
    Estimated Total Annual Burden Hours: 5,700.

    Title: Formulas for Fermented Beverage Products (TTB REC 5052/1).
    OMB Number: 1513-0118.
    TTB Recordkeeping Requirement Number: REC 5052/1.
    Abstract: Under the authority of the IRC at 26 U.S.C. 5051, 5052, 
and 7805, and the authority of the FAA Act at 27

[[Page 24846]]

U.S.C. 205(e), the TTB regulations in 27 CFR parts 7 and 25 require 
beer and malt beverage producers and importers to file a formula when 
certain non-exempted ingredients or processes are used to produce such 
products. This information collection, which is submitted to TTB as a 
written notice, is necessary to (1) ensure that the Federal alcohol 
excise tax revenue due under the provisions of chapter 51 of the IRC is 
not jeopardized for domestically made or imported beer, and (2) to 
ensure that the alcohol beverage labeling provisions of the FAA Act are 
met for imported products that meet the FAA Act definition of malt 
beverage.
    Current Actions: TTB is submitting this information collection for 
extension purposes; there is no change to the collection or its 
estimated burden.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 505.
    Estimated Total Annual Burden Hours: 1,326.

    Title: Formula and Process for Domestic and Imported Alcohol 
Beverages.
    OMB Number: 1513-0122.
    TTB Form Number: F 5100.51.
    Abstract: Chapter 51 of the IRC governs the production, 
classification, and taxation of alcohol products; the FAA Act at 27 
U.S.C. 205(e) requires alcohol beverage labels to provide consumers 
with adequate information as to the identity and quality of alcohol 
beverages, and each statute authorizes the Secretary to issue 
regulations related to such activities. The TTB regulations issued 
under those authorities require alcohol beverage producers and 
importers to obtain formula approval from TTB for certain non-standard 
products to ensure that the product is properly classified for excise 
tax purposes under the IRC and that it is properly labeled under the 
FAA Act. Currently, in lieu of the formula forms and letterhead notices 
specified in the TTB regulations, respondents may submit TTB F 5100.51 
(or its electronic equivalent, Formulas Online (FONL)) to TTB as an 
alternate method or procedure.
    Current Actions: This information collection remains unchanged, and 
TTB is submitting it only for extension purposes. However, TTB is 
increasing the estimated number of respondents, responses, and annual 
burden hours associated with this information collection due to an 
increase in the number of respondents submitting formulas to TTB and 
electing to do so via TTB F 5100.51 or FONL.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    Estimated Number of Respondents: 3,000.
    Estimated Total Annual Burden Hours: 30,000.

    Dated: May 23, 2018.
Amy R. Greenberg,
Director, Regulations and Rulings Division.
[FR Doc. 2018-11494 Filed 5-29-18; 8:45 am]
 BILLING CODE 4810-31-P