[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Notices]
[Pages 6563-6566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01988]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

[Docket No. TTB-2024-0003]


Proposed Information Collections; Comment Request (No. 92)

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

ACTION: Notice and request for comments.

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SUMMARY: As part of our continuing effort to reduce paperwork and 
respondent burden, and as required by the Paperwork Reduction Act of 
1995, we invite comments on the continuing or proposed information 
collections listed below in this document.

DATES: We must receive your written comments on or before April 1, 
2024.

ADDRESSES: You may send comments on the information collections 
described in this document using one of these two methods:
    <bullet> Internet--To submit comments electronically, use the 
comment form for this document posted on the ``Regulations.gov'' e-
rulemaking website at https://www.regulations.gov within Docket No. 
TTB-2024-0003.
    <bullet> Mail--Send comments to the Paperwork Reduction Act 
Officer, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
    Please submit separate comments for each specific information 
collection described in this document. You must reference the 
information collection's title, form or recordkeeping requirement 
number (if any), and OMB control number in your comment.
    You may view copies of this document, the relevant TTB forms, and 
any comments received at https://www.regulations.gov within Docket No. 
TTB-2023-0005. TTB has posted a link to that docket on its website at 
https://www.ttb.gov/rrd/information-collection-notices. You also may 
obtain paper copies of this document, the listed forms, and any 
comments received by contacting TTB's Paperwork Reduction Act Officer 
at the addresses or telephone number shown below.

FOR FURTHER INFORMATION CONTACT: Michael Hoover, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005; 202-453-1039, ext. 135; or 
complete the Regulations and Rulings Division contact form at https://www.ttb.gov/contact-rrd.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Department of the Treasury and its Alcohol and Tobacco Tax and 
Trade Bureau (TTB), as part of a continuing effort to reduce paperwork 
and respondent burden, invite the general public and other Federal 
agencies to comment on the proposed or continuing information 
collections described below, as required by the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    Comments submitted in response to this document will be included or 
summarized in our request for Office of Management and Budget (OMB) 
approval of the relevant information collection. All comments are part 
of the public record and subject to disclosure. Please do not include 
any confidential or inappropriate material in your comments.
    We invite comments on: (a) Whether an information collection is 
necessary for the proper performance of the agency's functions, 
including whether the information has practical utility; (b) the 
accuracy of the agency's estimate of the information collection's 
burden; (c) ways to enhance the quality, utility, and clarity of the 
information collected; (d) ways to minimize the information 
collection's burden on respondents, including through the use of 
automated collection techniques or other forms of information 
technology; and (e) estimates of capital or start-up costs and costs of 
operation, maintenance, and purchase of services to provide the 
requested information.

[[Page 6564]]

    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information has a valid OMB control number.

Information Collections Open for Comment

    Currently, we are seeking comments on the following forms, 
letterhead applications or notices, recordkeeping requirements, 
questionnaires, or surveys:

OMB Control No. 1513-0019

    Title: Application for Amended Permit under the Federal Alcohol 
Administration Act.
    TTB Form Number: TTB F 5100.18.
    Abstract: The Federal Alcohol Administration Act (FAA Act), at 27 
U.S.C. 203, requires that persons apply for and receive a permit to: 
(1) Import distilled spirits, wine, or malt beverages into the United 
States; (2) distill spirits or produce wine, rectify or blend distilled 
spirits or wine, or bottle and/or warehouse distilled spirits; or (3) 
purchase distilled spirits, wine, or malt beverages for resale at 
wholesale. The FAA Act, at 27 U.S.C. 204, also imposes certain 
requirements for such permits and authorizes the Secretary of the 
Treasury (the Secretary) to prescribe regulations for all permit 
applications. The TTB regulations in 27 CFR part 1 provide for the 
amendment of an existing permit using form TTB F 5100.18 when changes 
occur to the name, trade name, address, ownership, or control of the 
permitted business. The collected information allows TTB to determine 
if amended permit applicants meet the FAA Act's statutory eligibility 
criteria for a permit.
    Current Actions: There are no program changes associated with this 
information collection, and TTB is submitting it for extension purposes 
only. As for adjustments, due to changes in agency estimates, TTB is 
increasing the estimated number of annual respondents, responses, and 
burden hours associated with this information collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    <bullet> Number of Respondents: 9,000.
    <bullet> Average Responses per Respondent: 1 per year.
    <bullet> Number of Responses: 9,000.
    <bullet> Average per-Response Burden: 22 minutes.
    <bullet> Total Burden: 3,300 hours.

OMB Control No. 1513-0028

    Title: Application for an Industrial Alcohol Under Permit.
    TTB Form Number: TTB F 5150.22.
    Abstract: The Internal Revenue Code (IRC) at 26 U.S.C. 5271 
requires persons to obtain a permit before they: (1) Procure or use 
tax-free distilled spirits; (2) procure, deal in, or use specially 
denatured distilled spirits; or (3) recover specially denatured or 
completely denatured distilled spirits. That section also prescribes 
the reasons a permit may be denied or suspended. It also authorizes the 
Secretary to issue regulations regarding new and amended permit 
applications. Under that IRC authority, TTB has issued regulations 
regarding industrial alcohol user permits, which are contained in 27 
CFR part 20, Distribution and Use of Denatured Alcohol and Rum, and 27 
CFR part 22, Distribution and Use of Tax-Free Alcohol. Specifically, 
the TTB regulations require persons who desire to use tax-free alcohol 
withdraw or to deal in, use, or recover specially denatured alcohol 
(alcohol or rum) to apply for and receive an industrial alcohol user 
permit using TTB F 5150.22 before beginning such activities or when 
amending an existing permit. TTB uses the collected information to 
protect the revenue by determining the eligibility of the applicant to 
engage in operations involving industrial alcohol, the location of the 
proposed operations, and whether those operations will be conducted in 
compliance with Federal laws and regulations.
    Current Actions: There are no program changes or adjustments 
associated with this information collection, and TTB is submitting it 
for extension purposes only.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits; State, local, and 
Tribal governments.
    <bullet> Number of Respondents: 2,710.
    <bullet> Average Responses per Respondent: 1 per year.
    <bullet> Number of Responses: 2,710.
    <bullet> Average per-Response Burden: 0.8 hours.
    <bullet> Total Burden: 2,168 hours.

OMB Control No. 1513-0033

    Title: Report--Manufacturer of Tobacco Products or Cigarette Papers 
and Tubes; Report--Manufacturer of Processed Tobacco.
    TTB Form Numbers: TTB F 5210.5; TTB F 5250.1.
    Abstract: The IRC at 26 U.S.C. 5722 requires manufacturers of 
tobacco products, cigarette papers and tubes, and processed tobacco to 
make reports containing such information, in such form, at such times, 
and for such periods as the Secretary prescribes by regulation. The TTB 
regulations prescribe the use of TTB F 5210.5 to report information 
about tobacco products and cigarette papers and tubes manufactured, 
received, and removed each month, and the use of TTB F 5250.1 to report 
information about processed tobacco manufactured, received, and removed 
each month. TTB uses the collected information to determine whether the 
manufacturers of such articles are properly paying Federal excise taxes 
due and are in compliance with the applicable Federal law and 
regulations.
    Current Actions: There are no program changes or adjustments 
associated with this information collection, and TTB is submitting it 
for extension purposes only.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    <bullet> Number of Respondents: 235.
    <bullet> Average Responses per Respondent: 12 per year.
    <bullet> Number of Responses: 2,820.
    <bullet> Average per-Response Burden: 1 hour.
    <bullet> Total Burden: 2,820 hours.

OMB Control No. 1513-0034

    Title: Schedule of Tobacco Products, Cigarette Papers, or Tubes 
Withdrawn from the Market.
    TTB Form Number: TTB F 5200.7.
    Abstract: The IRC at 26 U.S.C. 5705 provides that a manufacturer, 
importer, or export warehouse proprietor may receive credit for, or 
refund of, the Federal excise taxes paid on tobacco products, cigarette 
papers, or cigarette tubes withdrawn from the market upon providing 
satisfactory proof of the withdrawal. Under that IRC authority, the TTB 
regulations provide for the use of TTB F 5200.7 to identify tobacco 
products, cigarette papers, or cigarette tubes to be withdrawn from the 
market and the location of those articles. The form also documents the 
taxpayer's planned disposition of the articles (destroyed, reduced to 
materials, or returned to bond), and TTB's decision to witness or not 
witness that disposition. Taxpayers then file the completed form to 
support their subsequent claim for credit or refund of the excise taxes 
paid on the withdrawn articles. The collected information is necessary 
to protect the revenue as it allows TTB to determine if such claims are 
valid.
    Current Actions: There are no program changes or adjustments 
associated with this information collection, and TTB is submitting it 
for extension purposes only.

[[Page 6565]]

    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
    <bullet> Number of Respondents: 50.
    <bullet> Average Responses per Respondent: 5 per year.
    <bullet> Number of Responses: 250.
    <bullet> Average per-Response Burden: 0.75 hour.
    <bullet> Total Burden: 187.5 hours.

OMB Control No. 1513-0069

    Title: Tobacco Products Manufacturers--Supporting Records for 
Removals for the Use of the United States.
    Abstract: While tobacco products and cigarette papers and tubes 
made in the United States are generally subject to Federal excise under 
the IRC at 26 U.S.C. 5701, the IRC also provides at 26 U.S.C. 5704(b) 
that manufacturers may remove tobacco products and cigarette papers and 
tubes without payment of that tax ``for use of the United States'' 
under regulations issued by the Secretary. As such, the TTB regulations 
at 27 CFR 45.51 require manufacturers removing such articles for use of 
the United States to keep records documenting certain information, 
including the kind and quantity of articles removed or returned and the 
name and address of the receiving or returning Federal agency. The 
required records, which may consist of usual and customary commercial 
records such as invoices, are necessary to ensure that tobacco products 
and cigarette papers and tubes removed without payment of tax are 
delivered to a Federal agency for an authorized tax-exempt use.
    Current Actions: There are no program changes or adjustments 
associated with this information collection, and TTB is submitting it 
for extension purposes only.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    <bullet> Number of Respondents: 205.
    <bullet> Average Responses per Respondent: 1 per year.
    <bullet> Number of Responses: 205.
    <bullet> Average per-Response Burden: 1 hour.
    <bullet> Total Burden: 205 hours.

OMB Control No. 1513-0073

    Title: Manufacturers of Nonbeverage Products--Records to Support 
Claims for Drawback.
    TTB Recordkeeping Number: TTB REC 5530/2.
    Abstract: While the IRC at 26 U.S.C. 5001 imposes Federal excise 
tax on distilled spirits produced or imported into the United States, 
sections 5111-5114 allow manufacturers of certain ``nonbeverage'' 
products--medicines, medicinal preparations, food products, flavors, 
flavoring extracts, or perfume--to claim drawback (refund) of all but 
$1.00 per proof gallon of the excise tax paid on the distilled spirits 
contained in or used in the production of such products. Under those 
IRC authorities, TTB has issued regulations in 27 CFR part 17 governing 
nonbeverage product drawback claims, which includes requirements to 
keep source records supporting such claims. The required records, which 
may consist of usual and customary business records, document the 
distilled spirits received, taxes paid, date and quantity used, amount 
of alcohol recovered, other ingredients received and used (to validate 
formula compliance), quantity of intermediate products transferred to 
other plants, and the disposition or purchaser of the products. The 
collected information is necessary to protect the revenue as it helps 
prevent payment of incorrect or fraudulent claims and the diversion to 
beverage use of distilled spirits subject to nonbeverage drawback.
    Current Actions: There are no program changes associated with this 
information collection, and TTB is submitting it for extension purposes 
only. As for adjustments, due to changes in agency estimates, TTB is 
increasing the estimated number of annual respondents, responses, and 
burden hours associated with this information collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
    <bullet> Number of Respondents: 670.
    <bullet> Average Responses per Respondent: 1 (one).
    <bullet> Number of Responses: 670.
    <bullet> Average per-Response Burden: 1 hour.
    <bullet> Total Burden: 670 hours.

OMB Control No. 1513-0075

    Title: Proprietors or Claimants Exporting Liquors.
    TTB Recordkeeping Number: TTB REC 5900/1.
    Abstract: Under the IRC at 26 U.S.C. 5053, 5214, and 5362, 
distilled spirits, wine, and beer may be exported without payment of 
Federal excise tax. In addition, under the IRC at 26 U.S.C. 5055 and 
5062, taxpaid distilled spirits, wine, and beer may be exported and the 
exporter may claim drawback (refund) on the excise taxes paid. 
Exporters must complete various TTB and Customs information collections 
to show that the products were in fact exported. Specific to this 
information collection, the TTB alcohol export regulations in 27 CFR 
part 28 require proprietors and drawback claimants to maintain for 3 
years record copies of all pertinent forms and commercial records that 
document the exportation of non-taxpaid alcohol beverages and taxpaid 
alcohol beverages for which drawback will be claimed. The collected 
information is necessary to protect the revenue as it allows TTB to 
verify the exportation of untaxpaid alcohol beverages and taxpaid 
alcohol beverages on which drawback will be claimed.
    Current Actions: There are no program changes or adjustments 
associated with this information collection, and TTB is submitting it 
for extension purposes only.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
    <bullet> Number of Respondents: 750.
    <bullet> Average Responses per Respondent: 1 per year.
    <bullet> Number of Responses: 750.
    <bullet> Average per-Response Burden: 1 hour.
    <bullet> Total Burden: 750 hours.

OMB Control No. 1513-0099

    Title: Administrative Remedies--Requests for Closing Agreements.
    Abstract: The IRC at 26 U.S.C. 7121 authorizes the Secretary to 
enter into a written agreement with any person, or their agent, 
relating to the liability of that person for any internal revenue tax 
for any taxable period. Under that authority, TTB has issued 
regulations pertaining to such ``closing agreements,'' which require a 
taxpayer or their agent to submit a written request to TTB to enter 
into such an agreement to resolve excise tax matters. TTB uses the 
information collected in the request and any attached supporting 
documentation to determine whether the Bureau should pursue a closing 
agreement with the taxpayer. Closing agreements allow TTB and a 
taxpayer to resolve tax liability matters prior to any adversarial 
legal or administrative proceedings.
    Current Actions: There are no program changes or adjustments 
associated with this information collection, and TTB is submitting it 
for extension purposes only.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    <bullet> Number of Respondents: 10.
    <bullet> Average Responses per Respondent: 1 (one).
    <bullet> Number of Responses: 10.

[[Page 6566]]

    <bullet> Average per-Response Burden: 1 hour.
    <bullet> Total Burden: 10 hours.

OMB Control No. 1513-0101

    Title: Marks and Notices on Packages of Tobacco Products.
    TTB Recordkeeping Number: TTB REC 5210/13.
    Abstract: The IRC at 26 U.S.C. 5723(b) requires packages of tobacco 
products (cigars, cigarettes, smokeless tobacco (snuff and chewing 
tobacco), pipe tobacco, and roll-your-own tobacco) and cigarette paper 
or tubes to bear the marks and notices required by regulation. Under 
that authority, the TTB regulations in 27 CFR parts 40, 41, 44, and 45 
require packages or, in certain cases, containers, of domestic and 
imported tobacco products and cigarette papers and tubes to bear 
certain marks identifying the product, its producer, place of 
production, excise tax class, and its quantity or weight, depending on 
the basis of the tax. The TTB regulations also require certain tax-
exemption notices to appear on packages or shipping containers of 
tobacco products and cigarette papers or tubes intended for export or 
for use of the United States as such articles may be removed without 
tax payment or with benefit of tax drawback. The required marks and 
notices are necessary to protect the revenue as they identify tobacco-
related articles, the applicable Federal excise tax classification, and 
the responsible taxpayers, and help prevent the diversion of untaxed 
articles into the domestic market.
    Current Actions: There are no program changes associated with this 
information collection, and TTB is submitting it for extension purposes 
only. As for adjustments, due to changes in agency estimates, TTB is 
decreasing the estimated number of annual respondents, responses, and 
burden hours associated with this information collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    <bullet> Number of Respondents: 680.
    <bullet> Average Responses per Respondent: 1 per year.
    <bullet> Number of Responses: 680.
    <bullet> Average per-Response Burden: 1 hour.
    <bullet> Total Burden: 680 hours.

OMB Control No. 1513-0121

    Title: Labeling of Major Food Allergens and Petitions for 
Exemption.
    Abstract: The FAA Act at 27 U.S.C. 205(e) authorizes the Secretary 
to issue regulations regarding the labeling of distilled spirits, 
certain wines, and certain beers in order to, among other things, 
prohibit consumer deception and ensure that labels provide consumers 
with adequate information as to the identity and quality of such 
products. Under that authority, the TTB regulations provide for the 
voluntary labeling of major food allergens used in the production of 
alcohol beverages.\1\ Under the TTB regulations, if an alcohol beverage 
bottler declares on the label that any one of these allergens are 
contained in a product or used in its production, the bottler must 
declare all such allergens, including those used as fining or 
processing agents. However, the regulations allow a bottler to petition 
TTB for a labeling exemption for an allergen if evidence shows that, 
while used in the product's production, it is not present in the 
finished product at levels that would pose a risk to human health. This 
information collection provides a consistent means through which 
bottlers can alert consumers sensitive to these major food allergens to 
their presence in finished alcohol beverages.
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    \1\ The major food allergens referenced here are those defined 
in the Food Allergen Labeling and Consumer Protection Act of 2004 
(118 Stat. 905): milk, eggs, fish, crustacean shellfish, tree nuts, 
peanuts, wheat, and soybeans.
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    Current Actions: There are no program changes associated with this 
information collection, and TTB is submitting it for extension purposes 
only. As for adjustments, due to changes in agency estimates, TTB is 
increasing the estimated number of annual respondents, responses, and 
burden hours associated with this information collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses and other for-profits.
    <bullet> Number of Respondents: 750.
    <bullet> Average Responses per Respondent: 1 per year.
    <bullet> Number of Responses: 750.
    <bullet> Average per-Response Burden: 0.8 hour.
    <bullet> Total Burden: 600 hours.

    Dated: January 29, 2024.
Amy R. Greenberg,
Deputy Assistant Administrator, Headquarters Operations.
[FR Doc. 2024-01988 Filed 1-31-24; 8:45 am]
BILLING CODE 4810-31-P