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OMB Control No: 1513-0005	ICR Reference No: 202010-1513-001
Status: Historical Active	Previous ICR Reference No: 201708-1513-011
Agency/Subagency: TREAS/TTB	Agency Tracking No: ICN 79 - 1/3
Title: Brewer’s Notices; and Letterhead Applications and Notices Filed by Brewers
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/08/2020
	Date Received in OIRA: 10/28/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2023	36 Months From Approved	12/31/2020
Responses	30,340	0	39,440
Time Burden (Hours)	21,690	0	32,092
Cost Burden (Dollars)	23,368	0	0

Abstract: The Internal Revenue Code (IRC) at 26 U.S.C. 5401 requires brewers to file a notice of intent to operate a brewery, containing the information the Secretary of the Treasury prescribes by regulation. Under that IRC authority, the TTB regulations in 27 CFR Part 25, Beer, require new brewery applicants to submit TTB F 5130.10, Brewer’s Notice, which provides TTB with information similar to that collected on a permit application. The part 25 regulations also require brewers to submit an amended Brewer's Notice when certain changes occur to the brewery's ownership, control, location, description, and bond or operating status. Additionally, the TTB regulations require brewers to submit letterhead applications or notices regarding certain changes in brewery operations and the destruction, loss, or return of beer. The TTB regulations require brewers to maintain a file at their premises containing their Brewer's Notice, its incorporated supporting documents, and the related letterhead applications and notices, available for inspection by TTB officers. This information collection request is necessary to protect the revenue and ensure that brewers conduct their operations in compliance with relevant Federal laws and regulations.

Authorizing Statute(s): US Code: 26 USC 5051-5056, 5401 Name of Law: Internal Revenue Code
US Code: 26 USC 5411, 5412, 5414, 5415, 5417 Name of Law: Internal Revenue Code

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 46221	07/31/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 68413	10/28/2020
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Brewer's Notice (Paper Form)	TTB F 5130.10
Brewer's Notices--Bond Exemption Applications	None, TT F 5130.10	,
Letterhead Applications and Notices Filed by Brewers (TTB REC 5130/2)
New and Amended Brewer's Notices	None, None, TTB F 5130.10	, ,

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	30,340	39,440	-9,100
Annual Time Burden (Hours)	21,690	32,092	-10,402
Annual Cost Burden (Dollars)	23,368	0	23,368

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: Program Changes: As a matter of agency discretion, TTB is making several program changes to this information collection -- (1) Previously, this information collection request was titled “Letterhead Applications and Notices Filed by Brewers, TTB REC 5130/2; and Brewer’s Notice, TTB F 5130.10.” TTB is retitling this information collection request “Brewer’s Notices; and Letterhead Applications and Notices Filed by Brewers” to place the information first filed by brewers, the Brewer’s Notice, first in the collection request’s title, and to eliminate references to information collection instruments in the collection request’s title, which is in line with current TTB policy. (2) TTB also eliminating the paper-based information collection titled “Brewer’s Notice (Paper Form),” which has been separate from the electronic information collection titled “Brewer’s Notice (PONL Electronic System).” TTB is merging the newly estimated burden for burden for the paper-based collection with that for the electronic collection, and is retitling the collection as “New and Amended Brewer’s Notices”. This retitled collection will contain two collection instruments, paper form TTB F 5130.10 and the electronic Permits Online (PONL) Application for Brewery or Brewpub. TTB is taking this action because the two currently separate information collections, and their respective paper and electronic collection instruments, serve the same purpose—the submission to TTB of a new or amended Brewer’s Notice. (3) As part of its permit modernization effort, TTB has removed several items from the Brewer’s Notice form, TTB F 5130.10 and its PONL equivalent. Specifically, TTB has removed the requirement that applicants attach Trade Name Registrations (if required by their State), a Certificate to Transact Business in a Foreign State (if applicable), TTB F 5000.29, Environmental Information, and TTB F 5000.30, Supplemental Information on Water Quality Considerations, to their Brewer’s Notice applications. TTB also has removed a check box for Brewpub applicants to report plans to sell retail liquors other than beer. While TTB has removed these requirements from the Brewer’s Notice, TTB is not reporting any related burden reduction at this time. TTB accounted for the burden associated with TTB F 5000.29 and TTB F 5000.30 under OMB No. 1513–0023, and a undetermined number of respondents submitted Trade Name Registrations and/or Certificates to Transact Business in a Foreign State as part of their Brewer’s Notice. Adjustments: Due to changes in agency estimates, TTB is reducing the overall number of annual respondents, responses, and burden hours associated with this information collection. Since TTB’s last burden estimate in 2017, the number of respondents submitting Brewer’s Bond Exemption Applications has increased, but the number of respondents submitting new and amended Brewer’s Notices and Brewer’s Letterhead Applications and Notices has decreased. Overall, TTB is reporting a decrease of 3,908 respondents, 9,100 responses, and 10,402 annual burden hours for this information collection request, broken down by information collection as follows: (1) New and Amended Brewer’s Notices – from 6,298 respondents and responses to 3,330, and from 14,695 burden hours to 7,180. (2) Brewer’s Notice—Bond Exemption Applications – from 1,652 respondents, responses, and burden hours to 2,010. (3) Letterhead Applications and Notices Filed by Brewers – from 6,298 respondents, 31,490 responses, and 15,745 burden hours to 5,000 respondents, 25,000 responses, and 12,550 burden hours.

Annual Cost to Federal Government: $1,956,107

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Jesse Longbrake 202 453-2265

View ICR - OIRA Conclusion