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###### Department of the Treasury

###### Alcohol and Tobacco Tax and Trade Bureau

# AGENCY:

Alcohol and Tobacco Tax and Trade Bureau, Treasury.

# ACTION:

Notice and request for comments.

# 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 September 28, 2009.

# ADDRESSES:

You may send comments to Mary A. Wood, Alcohol and Tobacco Tax and Trade Bureau, at any of these addresses:
      - P.O. Box 14412, Washington, DC 20044-4412;
      - 202-927-8525 (facsimile); or
      -  formcomments@ttb.gov                          (e-mail).                    

Please send separate comments for each specific information collection listed below. You must reference the information collection's title, form or recordkeeping requirement number, and OMB number (if any) in your comment. If you submit your comment via facsimile, send no more than five 8.5 x 11 inch pages in order to ensure electronic access to our equipment.

# FOR FURTHER INFORMATION CONTACT:

                        To obtain additional information, copies of the information collection and its instructions, or copies of any comments received, contact Mary A. Wood,                               ( print page 37771)                            Alcohol and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412; or telephone 202-453-2265.                    

# 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 not do 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 and recordkeeping requirements:

*Title:*                     Formula and/or Process for Article Made With Specially Denatured Spirits.                

*OMB Number:*                     1513-0011.                

*TTB Form Number:*                     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 the manufacturing formulas and processes conform to the requirement of 26 U.S.C. 5273.                

*Current Actions:*                     We are submitting this information collection as a revision. We are making minor revisions to this form (such as renaming items and eliminating the need for a serial number). These revisions will make the form clearer and easier for the preparer to complete. These revisions will not affect the estimated number of respondents or burden hours. The estimated total annual burden hours and number of respondents remain unchanged.                

*Type of Review:*                     Revision of a currently approved collection.                

*Affected Public:*                     Business or other for-profit.                

*Estimated Number of Respondents:*                     2,683.                

*Estimated Total Annual Burden Hours:*                     2,415.                

*Title:*                     User's Report of Denatured Spirits.                

*OMB Number:*                     1513-0012.                

*TTB Form Numbers:*                     5150.18.                

*Abstract:*                     Submitted annually by holders of permits to use specially denatured spirits, TTB F 5150.18 summarizes the permittee's manufacturing activities during the preceding year. The information is used by TTB to pinpoint unusual activities that could indicate a threat to the Federal revenue or possible dangers to the public.                

*Current Actions:*                     We are 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:*                     2,765.                

*Estimated Total Annual Burden Hours:*                     830.                

*Title:*                     Power of Attorney.                

*OMB Number:*                     1513-0014.                

*TTB Form Number:*                     5000.8.                

*Abstract:*                     TTB F 5000.8 delegates the authority to a specific individual to sign documents on behalf of an applicant or a principal. 26 U.S.C. 6061 authorizes our regulations requiring that an individual signing returns, statements, or other required documents filed by industry members under the provisions of the Internal Revenue Code (IRC) or the Federal Alcohol Administration (FAA) Act have that signature authority on file with TTB.                

*Current Actions:*                     We are submitting this information collection as a revision. We are making changes to this information collection, however, the estimated number of respondents and estimated total annual burden hours remain unchanged.                

*Type of Review:*                     Revision of a currently approved collection.                

*Affected Public:*                     Business or other for-profit.                

*Estimated Number of Respondents:*                     5,000.                

*Estimated Total Annual Burden Hours:*                     3,333.                

*Title:*                     Certification of Tax Determination—Wine.                

*OMB Number:*                     1513-0029.                

*TTB Form Number:*                     5120.20.                

*Abstract:*                     Wine that has been manufactured, produced, bottled, or packaged in bulk containers in the U.S. and then exported is eligible for a drawback (refund) of the excise tax paid on that wine. TTB F 5120.20 supports the exporter's claim for drawback, as the producing winery verifies that the wine being exported was in fact exported.                

*Current Actions:*                     We are submitting this information collection for extension purposes only. We are making minor corrections to this information collection; however, no substantive revisions are being made to the information being collected on this form or the format. Also, the 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:*                     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:*                     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. TTB uses the information 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. We are making a minor correction to this information collection; however, no substantive revisions are being made to the information being collected on this form or the format. Also, the 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:*                     250.                

*Estimated Total Annual Burden Hours:*                     300.                          ( print page 37772)    

*Title:*                     Distilled Spirits Plants Warehousing Record, and Monthly Report of Storage Operations.                

*OMB Number:*                     1513-0039.                

*TTB Recordkeeping Number:*                     5110/02.                

*TTB Form Number:*                     5110.11.                

*Abstract:*                     TTB uses this information collection to account for a proprietor's tax liability, adequacy of bond coverage, and to protect the revenue. The information also provides data to analyze trends, audit operations, monitor industry activities and compliance in order to provide for efficient allocation of field personnel, and to provide for economic analysis.                

*Current Actions:*                     We are submitting this information collection for extension purposes only. This information collection, the estimated number of respondents, and the estimated total annual burden hours remain unchanged.                

*Type of Review:*                     Extension of a currently approved collection.                

*Affected Public:*                     Business and other for-profit.                

*Estimated Number of Respondents:*                     230.                

*Estimated Total Annual Burden Hours:*                     5,520.                

*Title:*                     Distilled Spirits Plants—Excise Taxes.                

*OMB Number:*                     1513-0045.                

*TTB Recordkeeping Number:*                     5110/06.                

*Abstract:*                     The collection of information is necessary to account for and verify taxable removals of distilled spirits. The data is used to audit tax payments.                

*Current Actions:*                     We are submitting this information collection for extension purposes only. This information collection, the estimated number of respondents, and the estimated total annual burden hours remain unchanged.                

*Type of Review:*                     Extension of a currently approved collection.                

*Affected Public:*                     Business and other for-profit.                

*Estimated Number of Respondents:*                     133.                

*Estimated Total Annual Burden Hours:*                     3,458.                

*Title:*                     Formula for Distilled Spirits under the Federal Alcohol Administration Act.                

*OMB Number:*                     1513-0046.                

*TTB Form Number:*                     5110.38.                

*Abstract:*                     TTB F 5110.38 is used to determine the classification of distilled spirits for labeling and for consumer protection purposes. The form describes the person filing, type of product to be made, and restrictions to the label and/or manufacturing process. The form is used by TTB to ensure that a product is made and labeled properly, and to audit distilled spirits operations. Records are kept indefinitely for this information collection.                

*Current Actions:*                     We are submitting this information collection for extension purposes only. This information collection, the estimated number of respondents, and the estimated total annual burden hours remain unchanged.                

*Type of Review:*                     Extension of a currently approved collection.                

*Affected Public:*                     Business and other for-profit.                

*Estimated Number of Respondents:*                     200.                

*Estimated Total Annual Burden Hours:*                     4,000.                

*Title:*                     Distilled Spirits Plant (DSP) Denaturation Records, and Monthly Report of Processing (Denaturing) Operations.                

*OMB Number:*                     1513-0049.                

*TTB Recordkeeping Number:*                     5110/04.                

*TTB Form Number:*                     5110.43.                

*Abstract:*                     This information collection is necessary to account for and verify the denaturation of distilled spirits. It is used to audit plant operations, monitor the industry for the efficient allocation of personnel resources, and compile statistics for government economic planning.                

*Current Actions:*                     We are submitting this information collection for extension purposes only. This information collection, the estimated number of respondents, and the estimated total annual burden hours remain unchanged.                

*Type of Review:*                     Extension of a currently approved collection.                

*Affected Public:*                     Business and other for-profit.                

*Estimated Number of Respondents:*                     98.                

*Estimated Total Annual Burden Hours:*                     1,176.                

*Title:*                     Distilled Spirits Plants—Transaction and Supporting Records.                

*OMB Number:*                     1513-0056.                

*TTB Recordkeeping Number:*                     5110/5.                

*Abstract:*                     Transaction records provide the source data for accounts of distilled spirits in all DSP operations. They are used by TTB to verify those accounts and consequent tax liabilities.                

*Current Actions:*                     We are submitting this information collection for extension purposes only. This information collection, the estimated number of respondents, and the 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:*                     278.                

*Estimated Total Annual Burden Hours:*                     6,060.                

*Titles:*                     Application for Permit to Manufacture Tobacco Products or Processed Tobacco or to Operate an Export Warehouse;                

Application for Amended Permit to Manufacture Tobacco Products or Processed Tobacco or to Operate an Export Warehouse;

Application for Permit to Import Tobacco Products or Processed Tobacco; and

Application for Amended Permit to Import Tobacco Products or Processed Tobacco.

*OMB Number:*                     1513-0078.                

*TTB Form Numbers:*                     5200.6, 5200.16, 5230.4, and 5230.5, respectively.                

*Abstract:*                     These forms are used by tobacco industry members to obtain and amend permits necessary to engage in business as a manufacturer or importer of tobacco products or processed tobacco, or as an export warehouse proprietor.                

*Current Actions:*                     We are submitting this information collection for an extension of the 6-month approval. The forms, 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; State, local, and tribal Government.                

*Estimated Number of Respondents:*                     1,518.                

*Estimated Total Annual Burden Hours:*                     2,277.                

*Title:*                     Equipment and Structures.                

*OMB Number:*                     1513-0080.                

*TTB Recordkeeping Number:*                     5110/12.                

*Abstract:*                     Marks, signs, and calibrations are necessary on equipment and structures at a distilled spirits plant in order to identify the plant's major equipment and to accurately determine the plant's contents.                

*Current Actions:*                     We are submitting this information collection for extension purposes only. This information collection, the estimated number of respondents, and the 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:*                     281.                

*Estimated Total Annual Burden Hours:*                     One (1).                

*Title:*                     Registration and Records of Vinegar Vaporizing Plants.                

*OMB Number:*                     1513-0081.                

*TTB Recordkeeping Number:*                     5110/9.                          ( print page 37773)    

*Abstract:*                     Data is necessary to identify persons producing and using distilled spirits in the manufacture of vinegar and to account for spirits so produced and used. These records would be maintained in the normal course of operations. The record retention requirement for this information collection is 3 years.                

*Current Actions:*                     We are submitting this information collection for extension purposes only. This information collection, the estimated number of respondents, and the 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:*                     One (1).                

*Estimated Total Annual Burden Hours:*                     One (1).                

*Title:*                     Alternative Methods or Procedures and Emergency Variations from Requirements for Exports of Liquors.                

*OMB Number:*                     1513-0082.                

*TTB Recordkeeping Number:*                     5170/7.                

*Abstract:*                     When an exporter seeks to use an alternate method or procedure or seeks an emergency variation from the regulatory requirements of 27 CFR part 28, such exporter requests a variance by letter, following the procedure in 27 CFR 28.20. TTB uses the provided information to determine if the requested variance is allowed by statute and does not jeopardize the revenue. The applicant is informed of the approval or disapproval of the request. TTB also uses the information to analyze what changes should be made to existing regulations. Records must be maintained only while the applicant is using the authorization.                

*Current Actions:*                     We are submitting this information collection for extension purposes only. This information collection, the estimated number of respondents, and the estimated total annual burden hours remain unchanged.                

*Type of Review:*                     Extension of a currently approved collection.                

*Affected Public:*                     Business and other for-profit.                

*Estimated Number of Respondents:*                     500.                

*Estimated Total Annual Burden Hours:*                     200.                

*Title:*                     Labeling of Sulfites in Alcoholic Beverages.                

*OMB Number:*                     1513-0084.                

*TTB Form/Recordkeeping Number:*                     None.                

*Abstract:*                     As mandated by law, and in accordance with our consumer protection responsibilities, TTB requires label disclosure statements on all alcoholic beverage products released from U.S. bottling premises or customs custody that contain 10 parts per million or more of sulfites. Sulfating agents have been shown to produce allergic-type responses in humans, particularly asthmatics, and the presence of these ingredients in alcohol beverages may have serious health implications for those who are intolerant of sulfites. Disclosure of sulfites on labels of alcohol beverages will minimize their exposure to these ingredients.                

*Current Actions:*                     We are submitting this information collection for extension purposes only. This information collection, the estimated number of respondents, and the 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:*                     4,787.                

*Estimated Total Annual Burden Hours:*                     3,159.                

Dated: July 23, 2009.

Francis W. Foote,

Director, Regulations and Rulings Division.

[FR Doc. E9-17922 Filed 7-28-09; 8:45 am]

BILLING CODE 4810-31-P