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:
1513-0009
ICR Reference No:
202409-1513-009
Status:
Historical Inactive
Previous ICR Reference No:
202401-1513-019
Agency/Subagency:
TREAS/TTB
Agency Tracking No:
Wine Permit Mod. 1/3
Title:
Application to Establish and Operate Wine Premises, and Wine Bond
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:
01/07/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/02/2024
Terms of Clearance:
OIRA will review the submission again upon finalization of the rule.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2027
36 Months From Approved
04/30/2027
Responses
5,800
0
5,800
Time Burden (Hours)
5,600
0
5,600
Cost Burden (Dollars)
7,220
0
7,220
Abstract:
The Internal Revenue Code (IRC), at 26 U.S.C. 5351 through 5357, provides for the establishment of bonded wine cellars, bonded wineries, and taxpaid wine bottling houses and, to establish such wine premises, these IRC sections require the filing of applications and bonds as required by regulations issued by the Secretary of the Treasury. Under those IRC authorities, the Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued TTB F 5120.25, Application to Establish and Operate Wine Premises, to collect information that it uses to determine the qualifications under the IRC of an applicant applying to establish and operate a new wine premises. Proprietors of established wine premises also use TTB F 5120.25 to report changes to certain required information such as location and ownership. Wine premises proprietors use TTB F 5120.36, Wine Bond, to file bond coverage with TTB, unless they are exempt from the bond requirement as described in the IRC at 26 U.S.C. 5551(d). The bond may be secured through a surety company, or it may be secured with collateral (Treasury securities or notes or by cash). The required bond protects the revenue by ensuring payment of delinquent Federal wine excise tax liabilities. In a proposed rule titled “Modernization of Permit Application Requirements for Wine Premises,” TTB is proposing deregulatory amendments to its regulations to modernize and streamline the requirements for the Application to Establish and Operate Wine Premises information collection contained under this information collection request, which is approved under OMB control number 1513–0009. The proposed amendments also relax some reporting requirements associated with changes to the business of a wine premises proprietor that currently require the filing of an amended wine premises application. The proposed amendments are intended to reduce the overall respondent burden associated with the wine premises application information collection. (The Wine Bond portion of this information collection request is not affected by the proposed rule.) In addition, the proposed amendments will allow respondents additional flexibilities under the wine-related letterhead notice and wine-related recordkeeping information collections, approved under OMB control numbers 1513–0057, and 1513–0115, respectively.
Authorizing Statute(s):
US Code:
26 USC 5351 through 5357
Name of Law: Internal Revenue Code
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1513-AC47
Proposed rulemaking
89 FR 80160
10/02/2024
Federal Register Notices & Comments
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 to Establish and Operate Wine Premises
TTB F 5120.25, TTB F 5120.25
Application to Establish and Operate Wine Premises
,
Permits Online - Original Winery Application
Wine Bond
TTB F 5120.36w, None, TTB F 5120.36
Wine Bond
,
Wine Bond Worksheet
,
Permits Online - Original Winery Application
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:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
As described above in Question 1, in the proposed rule described above, TTB proposes deregulatory amendments to its regulations to streamline the requirements for new and amended wine premises applications. The TTB proposals also relax certain reporting requirements associated with changes to the business or operations of a wine premises proprietor that currently require the filing of an amended wine premises application. The proposed amendments are intended to reduce the overall respondent burden associated with the wine premises application information collection. As a result of the proposed program changes described above, TTB believes that the respondent burden associated with the Application to Establish and Operate Wine Premises information collection will be reduced as follows: (1) While the estimated number of annual responses-per-respondent will remain at one each, the estimated number of annual respondents and responses to that information collection will decrease from 4,640 to 4,000; (2) the estimated per-response burden will decrease from 1 hour (60 minutes) to 0.75 hour (45 minutes); and (3) the estimated total annual burden hours will decrease from 4,640 hours to 3,000, an overall decrease of 1,640 hours.
Annual Cost to Federal Government:
$1,049,257
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:
Morgan Johnson 202 453-1039 ext. 217 morgan.johnson@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:
10/02/2024
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