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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:
1513-0086
ICR Reference No:
202409-1513-005
Status:
Historical Inactive
Previous ICR Reference No:
202304-1513-002
Agency/Subagency:
TREAS/TTB
Agency Tracking No:
For Notice No. 237
Title:
Marks on Equipment and Structures (TTB REC 5130/3), and Marks and Labels on Containers of Beer (TTB REC 5130/4)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
05/28/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/18/2025
Terms of Clearance:
OIRA will review again upon finalization.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2026
36 Months From Approved
12/31/2026
Responses
14,000
0
14,000
Time Burden (Hours)
0
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
Under the authority of chapter 51 of the Internal Revenue Code of 1986, as amended (IRC, 26 U.S.C. chapter 51), the Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations in 27 CFR Part 25, Beer, currently require brewers to place certain marks, signs, and measuring devices on their equipment and structures, and to place certain brands, labels, and marks on bulk and consumer containers of beer and other brewery products. The collected information allows TTB to identify the use, capacity, and contents of brewery equipment and structures, and to identify brewery products and the responsible taxpayer. Other collected information allows consumers to identify brewery products, their content, and their producers. In a proposed rule titled “Alcohol Facts Statements in the Labeling of Wines, Distilled Spirits, and Malt Beverages,” issued under its IRC authorities, TTB is proposing to require an alcohol content statement to appear on the labels of consumer containers of domestic and imported beers that are not currently subject to such labeling requirements under the Federal Alcohol Administration Act (FAA Act). The collected information will allow TTB to identify the alcohol content of taxable brewery products currently not subject to such a labeling requirement subject. As such, the required information is necessary to protect the revenue and ensure effective administration of the IRC’s provisions regarding brewery operations and products. The collected information also allows (or will allow) other industry members and the general public to identify the contents of bulk containers of beer and other brewery products and identify the contents and alcohol content of consumer containers of beer. In general, for other than the proposed alcohol content statement, TTB believes that the collection of the required information is a usual and customary practice undertaken during the normal course of business, regardless of any TTB regulatory requirements to do so, for the purposes of inventory control, cost accounting, equipment utilization, and product quality control and identification.
Authorizing Statute(s):
US Code:
26 USC 5053, 5056
Name of Law: Internal Revenue Code
US Code:
26 USC 5411 - 5414, and 5552
Name of Law: Internal Revenue Code
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1513-AC93
Proposed rulemaking
90 FR 6654
01/17/2025
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Marks on Equipment and Structures (TTB REC 5130/3), and Marks and Labels on Containers of Beer (TTB REC 5130/4)
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
In a proposed rule titled “Alcohol Facts Statements in the Labeling of Wines, Distilled Spirits, and Malt Beverages,” TTB is proposing to expand existing requirements for alcohol content statements as a percentage of alcohol by volume to beers that are not currently subject to mandatory alcohol content labeling under the Federal Alcohol Administration Act (FAA Act). In the proposed rule, that requirement will be added to 27 CFR 25.141 for domestic barrels and kegs, and to 27 CFR 25.142 for domestic bottles, cans, and similar containers. Those sections are already accounted for under this collection approval, OMB No. 1513–0086. In addition, the proposed alcohol content labeling requirement will be added to 27 CFR 27.60 for imported beers, and that section will be added to this collection approval (the FAA Act related requirements in § 27.60 will remain under OMB No. 1513–0087). Under the proposed requirement, the container’s label must show the product’s alcohol content expressed as a percentage of alcohol-by-volume (within certain tolerances), rounded to the nearest tenth of a percentage point. While TTB has determined that the marks and labels previously required under this collection request are placed by brewers as a usual and customary business practice, resulting in no additional burden to respondents, TTB believes that responses to the proposal to require display alcohol content on labels of beer that were not previously subject to such a requirement will not require more than 1 hour annually per respondent. Thus, due to the described proposed program changes, while the number of annual respondents and responses to this information collection request, 14,000 each, will not change, the estimated annual total burden for this collection request will increase from 0 to 14,000 hours. However, TTB believes that a large majority of respondents already label their products with an alcohol content statement or have ready access to such information for quality control purposes even if they do not display that information on their product labels. Also, given the proposed compliance period of 5 years, TTB also believes that all respondents will be able to coordinate any required labeling changes with their usual and customary scheduled labeling changes, resulting in no additional costs to those respondents.
Annual Cost to Federal Government:
$0
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.
No
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.
No
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:
Curtis Eilers 202 453-1039 ext. 041
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:
02/18/2025
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