[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Notices]
[Pages 43610-43616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15620]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

[Docket No. TTB-2022-0002]


Proposed Information Collections; Comment Request (No. 87)

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 document.

DATES: We must receive your written comments on or before September 19, 
2022.

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-2022-0002.
     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-2022-0002. 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.

[[Page 43611]]

    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.
    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. 1513-0011

    Title: Formula and/or Process for Article Made with Specially 
Denatured Spirits.
    TTB Form Number: TTB F 5150.19.
    Abstract: In general, under the Internal Revenue Code (IRC) at 26 
U.S.C. 5214, distilled spirits used in the manufacture of nonbeverage 
articles are not subject to Federal excise tax, and, under the IRC at 
26 U.S.C. 5273, persons who intend to produce such articles using 
specially denatured distilled spirits (SDS) must obtain prior approval 
of their formulas and manufacturing processes. For medicinal 
preparations and flavoring extracts intended for internal human use, 
that section also prohibits SDS from remaining in the finished 
articles. Under those IRC authorities, the Alcohol and Tobacco Tax and 
Trade Bureau (TTB) regulations in 27 CFR part 20 require persons to 
file formula and process approval requests for articles made with SDS 
using form TTB F 5150.19. TTB uses the collected information to ensure 
that the relevant provisions of the IRC are appropriately applied.
    Current Actions: There are no program changes associated with this 
information collection, and TTB is submitting 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 collection, but is increasing the 
average number of responses per respondent.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
Estimated Annual Burden
     Number of Respondents: 110.
     Average Responses per Respondent: 1.6.
     Number of Responses: 176.
     Average Per-response Burden: 44 minutes.
     Total Burden: 129 hours.

OMB Control No. 1513-0024

    Title: Report--Export Warehouse Proprietor.
    TTB Form Number: TTB F 5220.4.
    Abstract: In general, under chapter 52 of the IRC, tobacco products 
and cigarette papers and tubes manufactured in, or imported into, the 
United States are subject to excise tax, while such products removed 
for export are not subject to that tax. The IRC provides for the 
establishment of export warehouses, which are bonded warehouses for the 
storage of tobacco products or cigarette papers or tubes, upon which 
the internal revenue tax has not been paid, and processed tobacco, for 
subsequent shipment to a foreign country, Puerto Rico, the Virgin 
Islands, or a possession of the United States, or for consumption 
beyond the jurisdiction of the internal revenue laws of the United 
States. See 26 U.S.C. 5702(h). To account for the receipt, storage, and 
disposition of untaxed tobacco products and processed tobacco, the IRC 
at 26 U.S.C. 5722 requires export warehouse proprietors to provide 
reports as prescribed by regulation. Under that authority, the TTB 
regulations in 27 CFR part 44 require such proprietors to file a 
monthly report using TTB F 5220.4, listing the amount of tobacco 
products, cigarette papers and tubes, and processed tobacco received, 
removed, lost, or unaccounted for during a given month. TTB uses the 
collected information to ensure that the relevant provisions of the IRC 
are appropriately applied and to detect diversion of untaxed products.
    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 number of annual respondents, responses, and burden 
hours associated with this collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
Estimated Annual Burden
     Number of Respondents: 70.
     Average Responses per Respondent: 12 (one per month).
     Number of Responses: 840.
     Average Per-response Burden: 1 hour.
     Total Burden: 840 hours.

OMB Control No. 1513-0035

    Title: Inventory--Export Warehouse Proprietor.
    TTB Form Number: TTB F 5220.3.
    Abstract: In general, under chapter 52 of the IRC, tobacco products 
and cigarette papers and tubes manufactured in, or imported into, the 
United States are subject to excise tax, while such products removed 
for export are not. The IRC provides for the establishment of export 
warehouses, which are bonded warehouses for the storage of tobacco 
products or cigarette papers or tubes, upon which the internal revenue 
tax has not been paid, and processed tobacco, for subsequent shipment 
to a foreign country, Puerto Rico, the Virgin Islands, or a possession 
of the United States, or for consumption beyond the jurisdiction of the 
internal revenue laws of the United States. See 26 U.S.C. 5702(h). To 
account for such products, the IRC, at 26 U.S.C. 5721, requires export 
warehouse proprietors to take an inventory of all tobacco products, 
cigarette papers and tubes, and processed tobacco on hand at the 
commencement of business, the conclusion of business, and at other 
times as prescribed by regulation. Under that authority, the TTB 
regulations in 27 CFR part 44 require such proprietors to make opening 
and closing inventories, and to make inventories when certain changes 
in ownership and control of the business occur and when directed by 
TTB. Such inventories must be made using TTB F 5220.3. TTB uses the 
collected information to ensure that the relevant provisions of the IRC 
are appropriately applied, to establish a contingent excise tax 
liability on products not yet exported, and to detect diversion of 
untaxed articles.
    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 number of annual respondents, responses, and burden 
hours associated with this collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.

[[Page 43612]]

Estimated Annual Burden
     Number of Respondents: 70.
     Average Responses per Respondent: 1 (one).
     Number of Responses: 70.
     Average Per-response Burden: 5 hours.
     Total Burden: 350 hours.

OMB Control No. 1513-0039

    Title: Distilled Spirits Plants Warehousing Records (TTB REC 5110/
02), and Monthly Report of Storage Operations.
    TTB Form Number: TTB F 5110.11.
    TTB Recordkeeping Number: TTB REC 5110/02.
    Abstract: The IRC at 26 U.S.C. 5207 requires distilled spirits 
plant (DSP) proprietors to maintain records and submit reports of 
production, storage, denaturation, and processing activities as the 
Secretary of the Treasury (the Secretary) requires by regulation. Under 
that IRC authority, the TTB regulations in 27 CFR part 19 require DSP 
proprietors to keep certain records regarding their warehousing 
operations. The regulations also require DSP proprietors to submit a 
summary report of their storage operations to TTB on a monthly basis 
using form TTB F 5110.11. Under the IRC at 26 U.S.C. 5005(c), DSP 
proprietors remain liable for the excise tax for all stored distilled 
spirits, and, as such, TTB uses the collected information to ensure 
that the relevant provisions of the IRC are appropriately applied.
    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 resulting 
from continued growth in the number of distilled spirits plants in the 
United States, TTB is increasing the number of annual respondents, 
responses, and total burden hours associated with this collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
Estimated Annual Burden
     Number of Respondents: 4,800.
     Average Responses per Respondent: 12 (one per month).
     Number of Responses: 57,600.
     Average Per-response Burden: 2 hours.
     Total Burden: 115,200 hours.

OMB Control No. 1513-0045

    Title: Distilled Spirits Plants--Excise Taxes (TTB REC 5110/06).
    TTB Recordkeeping Number: TTB REC 5110/06.
    Abstract: Under chapter 51 of the IRC, distilled spirits produced 
or imported into the United States are subject to Federal excise tax, 
which is determined at the time the spirits are withdrawn from bond and 
which is paid by return, subject to regulations prescribed by the 
Secretary. In addition, a credit may be taken against that tax for the 
portion of a distilled spirits product's alcohol content derived from 
wine or flavors. The TTB regulations in 27 CFR parts 19 and 26 require 
distilled spirits excise taxpayers to keep certain records in support 
of the information provided on their excise tax returns, including 
information on the distilled spirits removed from their premises and 
the products' applicable tax rates, as well as records related to 
nontaxable removals, shortages, and losses. TTB uses the collected 
information to ensure that the relevant provisions of the IRC are 
appropriately applied, verify claims for refunds or remission of tax, 
and account for the transfer of certain distilled spirits excise taxes 
to the governments of Puerto Rico and the U.S. Virgin Islands.
    Current Actions: There are no program changes associated with this 
information collection at this time, and TTB is submitting it for 
extension purposes only. As for adjustments, due to changes in agency 
estimates resulting from continued growth in the number of distilled 
spirits plants in the United States, TTB is increasing the number of 
annual respondents, responses, and total burden hours associated with 
this collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
Estimated Annual Burden
     Number of Respondents: 4,800.
     Average Responses per Respondent: 14.
     Number of Responses: 67,200.
     Average Per-response Burden: 1 hour.
     Total Burden: 67,200.

OMB Control No. 1513-0046

    Title: Formula for Distilled Spirits under the Federal Alcohol 
Administration Act.
    TTB Form Number: TTB F 5110.38.
    Abstract: The Federal Alcohol Administration Act (FAA Act) at 27 
U.S.C. 205(e) authorizes the Secretary to issue regulations regarding 
the labeling of alcohol beverages to prevent consumer deception and 
provide the consumer with adequate information as to the identity and 
quality of such products, which, for certain distilled spirits beverage 
products, may require a statement of composition. Additionally, the IRC 
at 26 U.S.C. 5222(c), 5223, and 5232, authorizes the Secretary to issue 
regulations regarding the removal and addition of extraneous substances 
to distilling materials or the redistillation of domestic and imported 
spirits. Under those statutory authorities, the TTB regulations in 27 
CFR parts 5, 19, and 26 require proprietors to obtain approval of 
formulas for distilled spirits beverage products when operations such 
as blending, mixing, purifying, refining, compounding, or treating 
change the character, composition, class, or type of the spirits. In 
place of TTB's general alcohol beverage formula form, approved under 
control number OMB No. 1513-0122, respondents may use TTB F 5110.38 to 
list ingredients, and, if required, the process used to produce the 
distilled spirits product in question. TTB uses the collected 
information to determine if such products meet the applicable statutory 
and regulatory requirements.
    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.
Estimated Annual Burden
     Number of Respondents: 50.
     Average Responses per Respondent: 1 (one).
     Number of Responses: 50.
     Average Per-response Burden: 1 hour.
     Total Burden: 50 hours.

OMB Control No. 1513-0063

    Title: Stills--Notices, Registration, and Records (TTB REC 5150/8).
    TTB Recordkeeping Number: TTB REC 5150/8.
    Abstract: The IRC, at 26 U.S.C. 5101 and 5179, allows the Secretary 
to issue regulations to require manufacturers of stills to submit 
notices regarding the manufacture and setup of stills, and it requires 
all persons who possess or have custody of a still to register it with 
the Secretary and provide information as to its location, type, 
capacity, ownership, and the purpose for which it will be used. Under 
those authorities, the TTB regulations in 27 CFR part 29 require still 
manufacturers to provide certain notices and keep certain records 
regarding the manufacture and setup of stills. Those regulations also 
require still owners to register their stills with TTB and provide 
certain notices and keep certain records regarding such

[[Page 43613]]

registrations and changes in ownership or location of stills. 
Respondents may meet the prescribed record requirements by keeping 
usual and customary business records. TTB uses the required information 
to ensure that the relevant provisions of the IRC are appropriately 
applied.
    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 number of annual respondents, responses, and burden 
hours for this collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
Estimated Annual Burden
     Number of Respondents: 20.
     Average Responses per Respondent: 4 (on occasion).
     Number of Responses: 80.
     Average Per-response Burden: 1 hour.
     Total Burden: 80 hours.

OMB Control No. 1513-0066

    Title: Retail Liquor Dealers Records of Receipts of Alcoholic 
Beverages and Commercial Invoices (TTB REC 5170/03).
    TTB Recordkeeping Number: TTB REC 5170/03.
    Abstract: Under the authority of the IRC at 26 U.S.C. 5122, the TTB 
regulations in 27 CFR part 31 require retail alcohol beverage dealers 
to keep records showing the quantities of all distilled spirits, wines, 
and beer received, including information on from whom and when the 
products were received. Those regulations also require dealers to keep 
records of all alcohol beverage sales of 20 or more wine gallons made 
to the same person at the same time. At the respondent's discretion, 
those records may consist of usual and customary business records such 
as commercial invoices or a book containing the required information, 
maintained at their place of business or at an alternate location under 
the dealer's control approved by TTB. Additionally, under the IRC at 26 
U.S.C. 5123, the TTB regulations require retail dealers to maintain 
those records for at least 3 years, available for TTB inspection during 
business hours. TTB uses the required information to ensure that the 
relevant provisions of the IRC are appropriately applied.
    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.
Estimated Annual Burden
     Number of Respondents: 455,000.
     Average Responses per Respondent: 1 (one).
     Number of Responses: 455,000.
     Average Per-response and Total Burden: None. Per the 
Office of Management and Budget (OMB) regulations at 5 CFR 
1320.3(b)(2), regulatory requirements to keep usual and customary 
business records impose no added burden on respondents.

OMB Control No. 1513-0068

    Title: Records of Operations--Manufacturer of Tobacco Products or 
Processed Tobacco (TTB REC 5210/1).
    TTB Recordkeeping Number: TTB REC 5210/1.
    Abstract: The IRC at 26 U.S.C. 5741 requires manufacturers of 
tobacco products, cigarette papers or tubes, or processed tobacco to 
keep records as the Secretary prescribes by regulation. Under that 
authority, the TTB regulations in 27 CFR part 40 require such 
manufacturers to keep daily records regarding materials received and 
products manufactured, removed, returned, consumed, transferred, 
destroyed, lost, or disclosed as shortages. Those regulations provide 
that manufacturers may use usual and customary commercial records, 
where possible, to keep and maintain the required data, which must be 
maintained for 3 years, subject to TTB inspection upon request. TTB 
uses the required information to ensure that industry members comply 
with the tax provisions of the IRC regarding tobacco products and 
processed tobacco.
    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; and Individuals 
or households.
Estimated Annual Burden
     Number of Respondents: 235.
     Average Responses per Respondent: 1 (one).
     Number of Responses: 235.
     Average Per-response Burden: 2 hours.
     Total Burden: 470 hours.

OMB Control No. 1513-0070

    Title: Tobacco Export Warehouse--Records of Operations (TTB REC 
5220/1).
    TTB Recordkeeping Number: TTB REC 5220/1.
    Abstract: In general, chapter 52 of the IRC imposes Federal excise 
tax on all tobacco products and cigarette papers and tubes manufactured 
in, or imported into, the United States, while exempting such products 
removed for export, as well as all processed tobacco, from that tax. 
Export warehouses receive and store such non-taxpaid products until 
they are removed without payment of tax for export to a foreign 
country, Puerto Rico, or the U.S. Virgin Islands, or for consumption 
beyond the internal revenue laws of the United States. As authorized by 
the IRC at 26 U.S.C. 5741, the TTB regulations in 27 CFR part 44 
require export warehouse proprietors to keep usual and customary 
business records showing the date, kind, quantity, and manufacturer of 
all tobacco products, cigarette papers and tubes, and processed tobacco 
received, removed, transferred, destroyed, lost, or returned to the 
manufacturer or to a customs bonded warehouse proprietor. TTB uses the 
collected information to ensure untaxpaid products are accounted for 
and tracked, and to detect diversion of untaxed products.
    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 number of annual respondents, responses, and burden 
hours associated with this collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
Estimated Annual Burden
     Number of Respondents: 70.
     Average Responses per Respondent: 1 (one).
     Number of Responses: 70.
     Average Per-response and Total Burden: None. Per the OMB 
regulations at 5 CFR 1320.3(b)(2), regulatory requirements to keep 
usual and customary business records impose no additional burden on 
respondents.

OMB Control No. 1513-0072

    Title: Applications and Notices--Manufacturers of Nonbeverage 
Products (TTB REC 5530/1).
    TTB Recordkeeping Number: TTB REC 5530/1.
    Abstract: In general, the IRC at 26 U.S.C. 5001 imposes Federal 
excise tax

[[Page 43614]]

on each proof gallon of distilled spirits produced in or imported into 
the United States. However, under the IRC at 26 U.S.C. 5111-5114, 
persons using distilled spirits to produce certain nonbeverage products 
(medicines, medicinal preparations, food products, flavors, flavoring 
extracts, or perfume) may claim drawback (refund) of all but $1.00 per 
proof gallon of the Federal excise tax paid on the distilled spirits 
used to make such products, subject to regulations issued by the 
Secretary ``to secure the Treasury against frauds.'' Under those IRC 
authorities, the TTB regulations in 27 CFR part 17 require 
manufacturers to submit certain applications and notices to TTB 
regarding their use of distilled spirits in the production of 
nonbeverage products eligible for drawback. Such applications, which 
require TTB approval, cover nonbeverage activities that present 
significant jeopardy to the revenue, while notices, which do not 
require TTB approval, cover activities that present less jeopardy to 
the revenue. TTB uses the collected information to ensure that TTB 
provides drawback of tax only to industry members eligible for such 
drawback under the IRC.
    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; and Individuals 
or households.
Estimated Annual Burden
     Number of Respondents: 350.
     Average Responses per Respondent: 2.
     Number of Responses: 700.
     Average Per-response Burden: 0.5 hour.
     Total Burden: 350 hours.

OMB Control No. 1513-0077

    Title: Records of Things of Value to Retailers, and Occasional 
Letter Reports from Industry Members Regarding Information on 
Sponsorships, Advertisements, Promotions, Etc., under the FAA Act.
    Abstract: The FAA Act at 27 U.S.C. 205 generally prohibits alcohol 
beverage producers, importers, or wholesalers from offering inducements 
to alcohol retailers--giving things of value or conducting certain 
types of advertisements, promotions, or sponsorships--unless such an 
action is specifically exempted by regulation. Under that authority, 
the TTB regulations in 27 CFR part 6, ``Tied-House,'' describe 
exceptions to the general FAA Act inducement prohibition and also 
describe things that are considered to be ``of value'' for purposes of 
determining whether an inducement has been offered. In general, those 
regulations require alcohol beverage industry members to keep records 
of the cost and recipients of any things of value furnished to 
retailers. Industry members may use usual and customary business 
records for this purpose. Additionally, the part 6 regulations provide 
that TTB may require, as part of a trade practice investigation, a 
letterhead report from an alcohol industry member regarding any 
advertisements, promotions, sponsorships, or other activities conducted 
by, on behalf of, or benefiting the industry member. TTB uses the 
collected information to ensure compliance with the FAA Act's trade 
practice prohibitions and exceptions.
    Current Actions: There are no program changes to this collection, 
and TTB is submitting it for extension purposes only. However, as for 
adjustments, due to changes in agency estimates resulting from an 
increase in the number of alcohol industry members, TTB is increasing 
this collection's estimated number of annual recordkeeping respondents 
and responses, but there is no corresponding increase in burden hours 
as respondents keep the required information using usual and customary 
business records.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
Estimated Annual Burden
     Number of Respondents: 83,000.
     Average Responses per Respondent: 1 (one response per 
respondent for ongoing recordkeeping, and 1 response for 10 respondents 
for reporting).
     Number of Responses: 83,010.
     Average Per-response Burden: For recordkeeping, under the 
OMB regulations at 5 CFR 1320.3(b)(2), there is no per-respondent 
burden for the keeping of the usual of customary business records 
required under this collection. For the 10 respondents required by TTB 
to submit letterhead reports, the estimated burden is 8 hours per 
response.
     Total Burden: 80 hours.

OMB Control No. 1513-0078

    Title: Applications for Permit to Manufacture or Import Tobacco 
Products or Processed Tobacco or to Operate an Export Warehouse and 
Applications to Amend Such Permits.
    TTB Form Numbers: TTB F 5200.3, TTB F 5200.16, TTB F 5230.3, and 
TTB F 5230.5.
    Abstract: The IRC at 26 U.S.C. 5712 and 5713 requires that 
importers and manufacturers of tobacco products or processed tobacco 
and export warehouse proprietors apply for and obtain a permit before 
engaging in such operations, or at such other times, as the Secretary 
may prescribe by regulation. In addition, 26 U.S.C. 5712 sets forth 
certain circumstances under which a permit application may be denied, 
such as circumstances in which an applicant is determined to be not 
likely to maintain operations in compliance with the IRC by reason of 
business experience, financial standing, or trade connections or by 
reason of previous or current legal proceedings involving a felony 
violation of any other provision of Federal criminal law relating to 
tobacco products, processed tobacco, cigarette paper, or cigarette 
tubes. Under those authorities, the TTB regulations in 27 CFR parts 40, 
41, and 44 require tobacco industry members to submit applications 
using the prescribed TTB forms for new permits or, under certain 
circumstances, amended permits. Applicants use those forms and any 
required supporting documents to provide information about themselves 
and their business, including its location, organization, financing, 
and investors. Once TTB issues a permit, the permittee must retain a 
copy of the application package for as long as they continue in 
business, available for TTB inspection upon request. TTB uses the 
collected information to ensure that only applicants eligible for a TTB 
permit obtain one.
    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, or 
tribal governments.
Estimated Annual Burden
     Number of Respondents: 470.
     Average Responses per Respondent: 1 (one).
     Number of Responses: 470.
     Average Per-response Burden: 1.34 hours.
     Total Burden: 630 hours.

OMB Control No. 1513-0080

    Title: Distilled Spirits Plant Equipment and Structures (TTB REC 
5110/12).

[[Page 43615]]

    TTB Recordkeeping Number: TTB REC 5110/12.
    Abstract: The IRC at 26 U.S.C. 5178 and 5180 authorizes the 
Secretary to issue regulations regarding the location, construction, 
and arrangement of distilled spirits plants (DSPs), the identification 
of DSP structures, equipment, pipes, and tanks, and the posting of an 
exterior sign at their place of business. The IRC at 26 U.S.C. 5206 
also requires DSP proprietors to mark containers of distilled spirits, 
subject to regulations prescribed by the Secretary. The TTB regulations 
concerning the identification of DSP plants, equipment, structures, and 
bulk containers are contained in 27 CFR part 19. Those regulations 
describe the required exterior identification sign, and the 
identification signs or marks required on DSP structures, cookers, 
fermenters, stills, tanks, and other major equipment. The regulations 
also require tank cars and trucks used by DSPs as bulk conveyances for 
distilled spirits to be permanently and legibly marked with identifying 
information and capacity. The information set forth under this 
information collection is necessary to protect the revenue and 
facilitate inspections, as TTB uses the required signs and marks to 
identify the location, use, and capacity of a DSP's structures, 
equipment, and conveyances.
    Current Actions: There are no program changes associated with this 
information collection at this time, and TTB is submitting it for 
extension purposes only. As for adjustments, due to changes in agency 
estimates resulting from continued growth in the number of distilled 
spirits plants in the United States, TTB is increasing the number of 
annual respondents, responses, and total burden hours associated with 
this collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
Estimated Annual Burden
     Number of Respondents: 4,800.
     Average Responses per Respondent: 1 (one).
     Number of Responses: 4,800.
     Average Per-response and Total Burden: None. The placing 
of the required signs and marks by DSP proprietors is a usual and 
customary business practice undertaken regardless of any regulatory 
requirement to do so. As such, under the OMB regulations at 5 CFR 
1320.3(b)(2), there is no additional respondent burden associated with 
this information collection.

OMB Control No. 1513-0084

    Title: Labeling of Sulfites in Alcohol Beverages.
    Abstract: The U.S. Food and Drug Administration (FDA) has 
determined that sulfating agents are human allergens, which can have 
serious health implications for persons who are allergic to sulfites. 
As a result, FDA regulations require food labels to declare the 
presence of sulfites if there are 10 parts per million (ppm) or more of 
a sulfating agent in a finished food product. Under the FAA Act at 27 
U.S.C. 205(e), the Secretary is authorized to issue regulations 
requiring alcohol beverage labels to provide ``adequate information'' 
to consumers regarding the identity and quality of such products. Under 
that FAA Act authority and consistent with FDA's food labeling 
requirements, the TTB alcohol beverage labeling regulations in 27 CFR 
part 4 (wine), part 5 (distilled spirits), and part 7 (malt beverages) 
require a declaration of sulfites on the labels of domestic and 
imported alcohol beverages when sulfites are present in such products 
at levels of 10 or more ppm. This label disclosure is necessary to 
protect sulfite-sensitive consumers from products that potentially 
could be harmful to them.
    Current Actions: There are no program changes to this information 
collection, and TTB is submitting it for extension purposes only. As 
for adjustments, TTB is increasing the number of respondents, 
responses, and burden hours associated with this information collection 
due changes in agency estimates resulting from growth in the number of 
alcohol beverage producers and importers, as well as growth in the 
number of alcohol products subject to this information collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
Estimated Annual Burden
     Number of Respondents: 30,570.
     Average Responses per Respondent: 1 (one).
     Number of Responses: 30,570.
     Average Per-response Burden: 40 minutes.
     Total Burden: 20,380.

OMB Control No. 1513-0097

    Title: Notices Relating to Payment of Firearms and Ammunition 
Excise Tax by Electronic Funds Transfer.
    Abstract: Under the IRC at 26 U.S.C. 6302, TTB collects the 
firearms and ammunition excise tax imposed by 26 U.S.C. 4181 on the 
basis of a return that taxpayers file on a quarterly basis. That 
section also authorizes the Secretary to issue regulations concerning 
the payment of taxes by electronic funds transfer (EFT). Under the TTB 
regulations in 27 CFR part 53, persons who elect to begin or 
discontinue payment of firearms and ammunition excise taxes by EFT must 
submit a written notice to TTB regarding such actions. TTB uses those 
notifications to anticipate and monitor firearms and ammunition excise 
tax payments to ensure compliance with Federal law.
    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 a change in agency estimates, TTB is 
increasing the per-response and total burden for this collection. The 
number of respondents and responses remain the same as previously 
reported.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
Estimated Annual Burden
     Number of Respondents: 10.
     Average Responses per Respondent: 1 (one).
     Number of Responses: 10.
     Average Per-response Burden: 24 minutes.
     Total Burden: 4 hours.

OMB Control No. 1513-0098

    Title: Supporting Data for Nonbeverage Drawback Claims.
    TTB Form Number: TTB F 5154.2.
    Abstract: Under the IRC at 26 U.S.C. 5111-5114 and 7652(g), persons 
using distilled spirits to produce medicines, medicinal preparations, 
food products, flavors, flavoring extracts, or perfume may claim 
drawback (refund) of all but $1.00 per proof gallon of the Federal 
excise tax paid on the distilled spirits used to make such nonbeverage 
products, subject to regulations prescribed by the Secretary. As 
required by the TTB regulations in 27 CFR parts 17 and 26, when 
submitting nonbeverage product drawback claims to TTB, respondents are 
required to report certain supporting data regarding the distilled 
spirits used and the products produced, using form TTB F 5154.2. TTB 
uses the collected information to ensure that drawback of Federal 
excise tax is provided only to eligible entities.
    Current Actions: There are no program changes to this information 
collection, and TTB is submitting it for extension purposes only. As 
for

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adjustments, due to changes in agency estimates, TTB is decreasing the 
number of respondents, responses, and burden hours associated with this 
collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
Estimated Annual Burden
     Number of Respondents: 500.
     Average Responses per Respondent: 4 (on occasion)
     Number of Responses: 2,000.
     Average Per-response Burden: 1 hour.
     Total Burden: 2,000.

OMB Control No. 1513-0106

    Title: Record of Operations--Importer of Tobacco Products or 
Processed Tobacco.
    Abstract: The IRC at 26 U.S.C. 5741 requires all manufacturers and 
importers of tobacco products, processed tobacco, and cigarette papers 
and tubes, and all export warehouse proprietors to keep records as the 
Secretary prescribes by regulation. Under that authority, the TTB 
regulations in 27 CFR part 41 require importers of tobacco products or 
processed tobacco to maintain the usual and customary business showing 
the receipt and disposition of imported tobacco products or processed 
tobacco. TTB uses the collected information to ensure that importers' 
activities comply with the IRC and that processed tobacco, which is not 
taxed, is not diverted to taxable tobacco product manufacturing.
    Current Actions: There are no program changes to this information 
collection, and TTB is submitting it for extension purposes only. As 
for adjustments, due to a change in agency estimates, TTB is decreasing 
the estimated number of respondents and responses to this collection. 
However, there is no corresponding increase in the burden hours for 
this collection as it consists of usual and customary business records, 
which impose no additional burden on respondents per the OMB 
regulations at 5 CFR 1320.3(b)(2).
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
Estimated Annual Burden
     Number of Respondents: 350.
     Average Responses per Respondent: 1 (one).
     Number of Responses: 350.
     Average Per-response and Total Burden: None. Per the 
Office of Management and Budget (OMB) regulations at 5 CFR 
1320.3(b)(2), regulatory requirements to keep usual and customary 
business records impose no added burden on respondents).

Amy R. Greenberg,
Director, Regulations and Rulings Division.
[FR Doc. 2022-15620 Filed 7-20-22; 8:45 am]
BILLING CODE 4810-31-P