1513-0011 Ss

DEPARTMENT OF THE TREASURY

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

Supporting Statement – Information Collection Requirement

OMB Control Number 1513-0011

TTB F 5150.19 Formula and/or Process for Article Made With Specially Denatured Spirits

A. Justification

1. What are the circumstances that make this collection of information necessary and what legal or administrative requirements necessitate the collection?

26 U.S.C. 5273(a) provides that persons may not use specially denatured spirits (SDS) in the manufacture or production of any article until approval of the article, formula, and process has been obtained from the Secretary of the Treasury. TTB Form 5150.19 is the means by which persons using SDS in the manufacture of articles apply for and receive approval of their formulas and processes.

The regulations which implement 26 U.S.C. 5273 are 27 CFR 20.91‑94, 20.100, and 20.101. These regulations require, except for "general‑use" formulas (provided elsewhere in the regulations), that all persons who use SDS in the manufacture of articles must submit formulas and processes, on TTB Form 5150.19, for approval. TTB examines these forms to ensure that they comply with the requirements of 26 U.S.C. 5273, which states that no person shall sell any article containing denatured spirits for beverage purposes.

2. How, by whom, and for what purpose is this information used?

Our laboratory personnel examine the formulas and processes stated on TTB Form 5150.19 to ensure that the articles being manufactured are, in fact, nonbeverage products and, in the case of internal medicinal preparations and flavoring extracts, that no spirits remain in the finished product (26 U.S.C. 5273(b)(1)). Our field personnel compare manufacturing records to approved formulas, on TTB Form 5150.19, to ensure that articles are, in fact, being manufactured in accordance with approved formulas and processes.

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3. To what extent does this collection of information involve the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology? What consideration is given to use information technology to reduce burden?

We have approved, and will continue to approve on a case-by-case basis, the use of improved technology for the maintenance of required records. TTB F 5150.19 is available on the TTB website. However, at this time the form cannot be submitted electronically.

4. What efforts are used to identify duplication? Why can’t any similar information already available be used or modified for use for the purposes described in Item 2 above?

We terminated the Federal Information Locator System (FILS) program for agency use. However, we search an agency subject classification system to identify duplication. Similar information is not available elsewhere for this information collection requirement. Each formula and process submitted on TTB F 5150.19 is unique.

5. If this collection of information impacts small businesses or other small entities, what methods are used to minimize burden?

The law does not exempt or make special provisions for small manufacturers of articles containing SDS. According to the law, everyone, regardless of the size of the business, must have the formulas and processes approved, unless “general-use” formulas have already been approved to be used.

6. What consequences to Federal program or policy activities and what, if any, technical or legal obstacles to reducing burden will occur if this collection is not conducted or is conducted less frequently?

Without TTB F 5150.19, persons manufacturing articles with SDS would have no means of complying with 26 U.S.C. 5273. TTB has no control over the frequency of submissions. Persons submit TTB F 5150.19 only as often as necessary to get new formulas and processes approved.

7. Are there any special circumstances associated with this information collection?

There are no special circumstances associated with this information collection.

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8. What effort was made to notify the general public about this collection of information?

A 60-day Federal Register notice was published for this information collection on Thursday, June 8, 2006, 71 FR 33335. The notice solicited comments from the general public. TTB received no comments.

9. What decision was made to provide any payment or gift to respondents, other than reenumeration of contractors or grantees?

No payment or gift is associated with this collection.

10. What assurance of confidentiality was provided to respondents and what was the basis for the assurance in statute, regulations, or agency policy?

All formulas, samples, and statements of process submitted for examination are protected from public disclosure under 5 U.S.C. 552(b)(4) and 26 U.S.C. 6103.

11. What justification is there for questions of a sensitive nature?

We ask no questions of a sensitive nature.

12. What is the estimated hour burden of this collection of information?

The number of respondents was determined from statistical data maintained in our National Revenue Center. The average number of hours per response is based on information from TTB field personnel who occasionally offer assistance to permittees in completing this form. There is no change in burden from the previous submission.

2,683 (respondents) X 1 (number of times filed annually) = 2,683 (number of responses) X .9 hour (processing time) = 2,415 (total burden hours).

13. What is the estimated total annual cost burden to respondents or

recordkeepers resulting from this collection of information?

There is no new cost associated with this collection.

14. What is the annualized cost to the Federal Government?

Estimates of the annualized cost to the Federal Government are as follows:

Printing $ 580.00

Distribution 260.00

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Clerical 1,430.00

Other (administrative, supervisory) 2,462.00

Total $ 4,732.00

15. What is the reason for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I?

There are no program changes or adjustments associated with this collection however the number of responses has been corrected. Previously we reported the number of times we respond annually in Item 13b, as oppose to the total annual responses.

16. Outline plans for tabulation and publication for collections of information whose results will be published.

We will not publish the results of this collection.

17. If seeking approval to not display the expiration date for OMB approval of this information collection, what are the reasons that the display would be inappropriate?

We will display the expiration date of OMB approval for this collection.

18. What are the exceptions to the certification statement?

There are no exceptions to the certification statement.

B. This collection does not employ statistical methods.