View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1513-0051
ICR Reference No:
202311-1513-001
Status:
Active
Previous ICR Reference No:
202008-1513-006
Agency/Subagency:
TREAS/TTB
Agency Tracking No:
Title:
Application for an Alcohol Fuel Producer Permit Under 26 U.S.C. 5181
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
02/08/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/27/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/28/2027
36 Months From Approved
02/29/2024
Responses
75
0
240
Time Burden (Hours)
120
0
355
Cost Burden (Dollars)
450
0
340
Abstract:
Under the authority of the Internal Revenue Code at 26 U.S.C. 5181(a)(1), persons wishing to establish a distilled spirits plant for the sole purpose of producing and receiving distilled spirits for fuel use must provide an application and bond as the Secretary of the Treasury may prescribe by regulation. Under this authority, TTB has issued regulations concerning the establishment of such alcohol fuel plants (AFPs) in 27 CFR part 19, subpart X. Those regulations require that a person wishing to establish a new AFP must submit an application for an alcohol fuel producer permit using form TTB F 5110.74. The regulations also require existing AFP proprietors to use that same form to make certain amendments to their permit information. TTB F 5110.74 and its required supporting documents identify or describe, among other things, the applicant, the proposed AFP’s location and layout, its stills, its size category (small, medium, or large) based on the amount of alcohol fuel to be produced annually, and the security measures to be taken to prevent theft and diversion of the distilled spirits produced. The collected information allows TTB to determine the applicant's eligibility under the IRC to obtain or modify an alcohol fuel producer permit, and to determine whether the applicant's AFP operations will conform to Federal law and regulations. Such determinations are necessary to protect the revenue as distilled spirits produced at an AFP are potable and thus subject to Federal excise tax until denatured for fuel use. Once distilled spirits are denatured at an AFP, the resulting alcohol fuel may be withdrawn free of tax as authorized by the IRC at 26 U.S.C. 5214(a)(12).
Authorizing Statute(s):
US Code:
26 USC 5001, 5178, 5179, 5181, & 5214
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:
88 FR 47235
07/21/2023
30-day Notice:
Federal Register Citation:
Citation Date:
88 FR 89499
12/27/2023
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Application for an Alcohol Fuel Producer Permit Under 26 U.S.C. 5181 [Individuals]
None, None, TTB F 5110.74
Permits Online (PONL) - Application for Alcohol Fuel Plant (Small, Medium, or Large)
,
Permits Online (PONL) - Amended Application for Alcohol Fuel Plant (Small, Medium, or Large)
,
Application for an Alcohol Fuel Producer Permit Under 26 U.S.C. 5181
Application for an Alcohol Fuel Producer Permit Under 26 U.S.C. 5181 [Private Sector]
None, None, TTB F 5110.74
Permits Online (PONL) - Application for Alcohol Fuel Plant (Small, Medium, or Large)
,
Permits Online (PONL) - Amended Application for Alcohol Fuel Plant (Small, Medium, or Large)
,
Application for an Alcohol Fuel Producer Permit Under 26 U.S.C. 5181
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
75
240
0
0
-165
0
Annual Time Burden (Hours)
120
355
0
0
-235
0
Annual Cost Burden (Dollars)
450
340
0
0
110
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
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 a change in agency estimates, TTB is decreasing the estimated number of annual respondents, responses, and total burden hours associated with this information collection, from 240 respondents to 75, from 240 responses to 75, and from 355 burden hours to 120. This also results in decreased estimates for respondent and TTB labor costs for this collection regardless of increases in fully-loaded labor rates since 2020. However, TTB is increasing its estimate of non-labor costs to respondents to reflect increases in mailing costs.
Annual Cost to Federal Government:
$11,022
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:
Christopher Forster-Smith 202 453-1039 ext. 150 christopher.forster-smith@ttb.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
12/27/2023
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