1513-0073 FR Notice

1513-0073 FR Notice (04-25-08).pdf

Manufacturers of Nonbeverage Products - Records to Support Claims for Drawback, TTB REC 5530/2

1513-0073 FR Notice

OMB: 1513-0073

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Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Notices

Form: 1065–B, Schedule K–1.
Description: Code sections 771–777
allow large partnerships to elect to file
a simplified return which requires fewer
items to be reported to partners.
Respondents: Businesses and other
for-profits.
Estimated Total Burden Hours:
487,225 hours.
OMB Number: 1545–1465.
Type of Review: Extension.
Title: PS–54–94 (Final) Environmental
Settlement Funds—Classification.
Description: Section 7701 and the
regulations thereunder classify entities
for federal tax purposes as partnerships,
associations, and trusts. Section 671
requires a grantor treated as an owner of
a portion of a trust to include items in
income. This regulation provides
reporting rules.
Respondents: Businesses or other forprofit institutions.
Estimated Total Burden Hours: 2,000
hours.
OMB Number: 1545–1915.
Type of Review: Extension.
Title: Notice 2005–04, Fuel Tax
Guidance, Request for Comments.
Description: This notice provides
guidance on certain excise Code
provisions that were added or effected
by the American Jobs Creation Act of
2004, Public Law 108–357. The
information will be used by the IRS to
verify that the proper amount of tax is
reported, excluded, refunded, or
credited.
Respondents: Businesses or other forprofit institutions
Estimated Total Burden Hours: 76,190
hours.
OMB Number: 1545–1420.
Type of Review: Extension.
Title: Claim for Refund of Excise
Taxes.
Forms: 8849, Schedules 1, 2, 3, 5, 6,
8.
Description: IRC sections 6402, 6404,
6511 and sections 301.6402–2,
301.6404–1, and 301.6404–3 of the
regulations, allow for refunds of taxes
(except income taxes) or refund,
abatement, or credit of interest,
penalties, and additions to tax in the
event of errors or certain actions by IRS.
Form 8849 is used by taxpayers to claim
refunds of excise taxes.
Respondents: Businesses or other forprofit institutions.
Estimated Total Burden Hours:
3,032,610 hours.
OMB Number: 1545–0143.
Type of Review: Extension.
Title: Heavy Highway Vehicle Use
Tax Return.
Form: 2290.
Description: Form 2290 is used to
compute and report the tax imposed by

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section 4481 on the highway use of
certain motor vehicles. The information
is used to determine whether the
taxpayer has paid the correct amount of
tax.
Respondents: Businesses or other forprofit institutions.
Estimated Total Burden Hours:
27,548,640 hours.
Clearance Officer: Glenn P. Kirkland
(202) 622–3428, Internal Revenue
Service, Room 6516, 1111 Constitution
Avenue, NW., Washington, DC 20224.
OMB Reviewer: Alexander T. Hunt
(202) 395–7316, Office of Management
and Budget, Room 10235, New
Executive Office Building, Washington,
DC 20503.
Robert Dahl,
Treasury PRA Clearance Officer.
[FR Doc. E8–9029 Filed 4–24–08; 8:45 am]
BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
Proposed Information Collections;
Comment Request
Alcohol and Tobacco Tax and
Trade Bureau (TTB), Treasury.
ACTION: Notice and request for
comments.
AGENCY:

SUMMARY: As part of our continuing
effort to reduce paperwork and
respondent burden, and as required by
the Paperwork Reduction Act of 1995,
we invite comments on the proposed or
continuing information collections
listed below in this notice.
DATES: We must receive your written
comments on or before June 24, 2008.
ADDRESSES: You may send comments to
Mary A. Wood, Alcohol and Tobacco
Tax and Trade Bureau, at any of these
addresses:
• P.O. Box 14412, Washington, DC
20044–4412;
• 202–927–8525 (facsimile); or
• [email protected] (e-mail).
Please send separate comments for
each specific information collection
listed below. You must reference the
information collection’s title, form, or
recordkeeping requirement number, and
OMB number (if any) in your comment.
If you submit your comment via
facsimile, send no more than five 8.5 x
11 inch pages in order to ensure
electronic access to our equipment.
FOR FURTHER INFORMATION CONTACT: To
obtain additional information, copies of
the information collection and its
instructions, or copies of any comments

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received, contact Mary A. Wood,
Alcohol and Tobacco Tax and Trade
Bureau, P.O. Box 14412, Washington,
DC 20044–4412; or telephone 202–927–
8210.
SUPPLEMENTARY INFORMATION:

Request for Comments
The Department of the Treasury and
its Alcohol and Tobacco Tax and Trade
Bureau, as part of their continuing effort
to reduce paperwork and respondent
burden, invite the general public and
other Federal agencies to comment on
the proposed or continuing information
collections listed below in this notice,
as required by the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Comments submitted in response to
this notice will be included or
summarized in our request for Office of
Management and Budget (OMB)
approval of the relevant information
collection. All comments are part of the
public record and subject to disclosure.
Please not do include any confidential
or inappropriate material in your
comments.
We invite comments on: (a) Whether
this information collection is necessary
for the proper performance of the
agency’s functions, including whether
the information has practical utility; (b)
the accuracy of the agency’s estimate of
the information collection’s burden; (c)
ways to enhance the quality, utility, and
clarity of the information collected; (d)
ways to minimize the information
collection’s burden on respondents,
including through the use of automated
collection techniques or other forms of
information technology; and (e)
estimates of capital or start-up costs and
costs of operation, maintenance, and
purchase of services to provide the
requested information.
Information Collections Open for
Comment
Currently, we are seeking comments
on the following records and forms:
Title: Applications—Volatile FruitFlavor Concentrate Plants, TTB REC
5520/2.
OMB Number: 1513–0006.
TTB Form Number: 5520.3.
TTB Recordkeeping Requirement
Number: 5520/2.
Abstract: Persons who wish to
establish premises to manufacture
volatile fruit-flavor concentrates are
required to file an application and keep
records to support the manufacture of
these concentrates. Persons who wish to
amend their activities must also file an
application and keep records. TTB uses
the application information to identify
persons responsible for such

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manufacture since these concentrates
contain ethyl alcohol and have potential
for use as alcoholic beverages with
consequent revenue loss. TTB uses the
records to ensure that the concentrates
are manufactured properly and are not
used for beverage purposes. The
application constitutes registry of a still,
a statutory requirement.
Current Actions: There is an increase
in the number of respondents which
results in an increase in burden hours.
Also, we have made minor corrections
to this information collection, and we
are submitting it as a revision.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
80.
Estimated Total Annual Burden
Hours: 160.
Title: Application for Basic Permit
under the Federal Alcohol
Administration Act.
OMB Number: 1513–0018.
TTB Form Number: 5100.24.
Abstract: TTB F 5100.24 is completed
by persons intending to engage in a
business involving beverage alcohol
operations at distilled spirits plants,
bonded wineries, or wholesaling/
importing business. The information
allows TTB to identify the applicant and
the location of the business, and to
determine whether the applicant
qualifies for a permit.
Current Actions: We made changes to
this form by adding page numbers, the
name of the office where labels are
submitted, and ‘‘financial institution
name, city, and State’’ in parenthesis in
Item 8. Also, we made minor corrections
to this information collection, and we
are submitting it as a revision.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
1,600.
Estimated Total Annual Burden
Hours: 2,800.
Title: Application for Amended Basic
Permit under the Federal Alcohol
Administration Act.
OMB Number: 1513–0019.
TTB Form Number: 5100.18.
Abstract: TTB F 5100.18 is submitted
by permittees who change their
operations in a manner that requires
TTB to issue a new permit or receive a
new notice. The information allows TTB
to identify the permittee, the changes to
the permit or business, and to determine
whether the applicant qualifies.
Current Actions: We corrected the
title of the form by adding ‘‘the’’ before

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‘‘Federal.’’ We are submitting this
information collection as a revision.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
1,200.
Estimated Total Annual Burden
Hours: 600.
Title: Formula and Process for
Nonbeverage Product.
OMB Number: 1513–0021.
TTB Form Number: 5154.1.
Abstract: Businesses using taxpaid
distilled spirits to manufacture
nonbeverage products may receive
drawback (i.e., a refund or remittance)
of tax, if they can show that the spirits
were used in the manufacture of
products unfit for beverage use. This
showing is based on the formula for the
product, which is submitted on TTB F
5154.1.
Current Actions: We are adding a
check box for ‘‘Dietary Supplement’’ in
box 7 and adding a request for an e-mail
address in box 14. Also, we are making
minor grammatical correction to this
information collection, and we are
submitting it as a revision.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
611.
Estimated Total Annual Burden
Hours: 2,500.
Title: Annual Report of Concentrate
Manufacturers and Usual and
Customary Business Records—Volatile
Fruit-Flavor Concentrate, TTB REC
5520/1.
OMB Number: 1513–0022.
TTB Form Number: 5520.2.
TTB Recordkeeping Requirement
Number: 5520/1.
Abstract: Manufacturers of volatile
fruit-flavor concentrate must provide
reports as necessary to ensure the
protection of the revenue. The report
accounts for all concentrates
manufactured, removed, or treated so as
to be unfit for beverage use. The
information is required to verify that
alcohol is not being diverted, thereby
jeopardizing tax revenues.
Current Actions: The number of
respondents has decreased, and, as a
result, the burden hours have decreased.
Also, we are making minor corrections
to the content of this information
collection, and we are submitting it as
a revision.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other forprofit.

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Estimated Number of Respondents:
80.
Estimated Total Annual Burden
Hours: 27.
Titles: Environmental Information;
and Supplemental Information on Water
Quality Consideration Under 33 U.S.C.
1341(a).
OMB Number: 1513–0023.
TTB Form Numbers: 5000.29 and
5000.30, respectively.
Abstract: TTB F 5000.29 is used to
determine whether an activity will have
a significant effect on the environment
and to determine if a formal
environmental impact statement or an
environmental permit is necessary for a
proposed operation. TTB F 5000.30 is
used to make a determination as to
whether a certification or waiver by the
applicable State Water Quality Agency
is required under section 21 of the
Federal Water Pollution Control Act (33
U.S.C. 1341(a)). Manufacturers that
discharge a solid or liquid effluent into
navigable waters submit this form.
Current Actions: We are making
minor corrections to these forms, and
we are submitting them as revisions.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
8,000.
Estimated Total Annual Burden
Hours: 4,000.
Titles: Specific Transportation Bond—
Distilled Spirits or Wines Withdrawn
for Transportation to Manufacturing
Bonded Warehouse—Class Six; and
Continuing Transportation Bond—
Distilled Spirits or Wines Withdrawn
for Transportation to Manufacturing
Bonded Warehouse—Class Six.
OMB Number: 1513–0031.
TTB Form Numbers: 5100.12 and
5110.67, respectively.
Abstract: TTB F 5100.12 and TTB F
5110.67 are specific bonds that protect
the tax liability on distilled spirits and
wine while in transit from one type of
bonded facility to another. The forms
identify the shipment, the parties
involved, the date, and the amount of
bond coverage.
Current Actions: We are making
minor corrections to this information
collection and we are submitting it as a
revision.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
One (1).
Estimated Total Annual Burden
Hours: One (1).

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Title: Offer in Compromise of Liability
Incurred under the Federal Alcohol
Administration Act, as amended.
OMB Number: 1513–0055.
TTB Form Number: 5640.2.
Abstract: Persons who have
committed violations of the Federal
Alcohol Administration Act may submit
an offer in compromise. The offer is a
request by the party in violation to
compromise penalties for the violations
in lieu of civil or criminal action. TTB
F 5640.2 identifies the violation(s) to be
compromised by the person committing
them, amount of offer, plus justification
for acceptance.
Current Actions: We made minor
corrections to this information
collection, and we are submitting it as
a revision.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
12.
Estimated Total Annual Burden
Hours: 24.
Title: Wholesale Dealers Records of
Receipt of Alcoholic Beverages,
Disposition of Distilled Spirits, and
Monthly Summary Report.
OMB Number: 1513–0065.
TTB Recordkeeping Requirement
Number: 5170/2.
Abstract: TTB uses these records and
reports as an accounting tool to ensure
protection of the revenue. Records of
receipt and disposition are the basic
documents that describe the activities of
wholesale dealers, and they provide an
audit trail of taxable commodities from
point of production to point of sale.
Records of disposition are required only
for distilled spirits. TTB requires the
monthly report only in exceptional
circumstances to ensure that a particular
wholesale dealer is maintaining the
required records. The records retention
requirement is 3 years.
Current Actions: There are no changes
to this information collection, and we
are submitting it for extension purposes
only.
Type of Review: Extension of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
50.
Estimated Total Annual Burden
Hours: 1,200.
Title: Manufacturers of Nonbeverage
Products—Records to Support Claims
for Drawback.
OMB Number: 1513–0073.
TTB Recordkeeping Requirement
Number: 5530/2.

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Abstract: The recordkeeping
requirements included in TTB REC
5530/2 are part of the system necessary
to prevent diversion of drawback spirits
to beverage use. The records are
necessary to maintain accountability
over these spirits. Required source
records kept at the manufacturing plant
include information about distilled
spirits received, the gauge records
recording the receipts, the identification
of the person from whom received,
evidence of the taxes paid on the spirits,
the date the spirits were used, the
quantity and kind used in each product
(including usage of Puerto Rican and
Virgin Islands spirits for compliance
with the Caribbean Basin Initiative),
receipt and usage of other ingredients
(to validate formula compliance),
inventory records, records of recovered
alcohol, the quantity of intermediate
products transferred to other plants, the
disposition of each nonbeverage product
produced, and the purchasers (except
for retail sales). These elements make it
possible to trace spirits using audit
techniques, thus enabling TTB officers
to verify the amount of spirits used in
nonbeverage products and subsequently
claimed as eligible for drawback of tax.
The record retention requirement for
this information collection is 3 years.
Current Actions: There is a decrease
in the number of respondents, resulting
in a decrease in the number of burden
hours. We are submitting this
information collection as a revision.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
501.
Estimated Total Annual Burden
Hours: 10,521.
Title: Proprietors or Claimants
Exporting Liquors.
OMB Number: 1513–0075.
TTB Recordkeeping Requirement
Number: 5900/1.
Abstract: Distilled spirits, wine, and
beer may be exported from bonded
premises without payment of excise
taxes, or, if the taxes have been paid, the
exporter may claim drawback of the
taxes paid. This export drawback or
‘‘refund’’ allows the manufacturer to
recover the amount of the tax paid to the
government. Obviously, substantial
losses in tax revenues would occur if
untaxpaid liquors were allowed to enter
the domestic market, or if the
government allowed drawback to be
claimed on liquors used for domestic
consumption. This recordkeeping
requirement makes it possible to trace
spirits using audit techniques, thus

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enabling TTB officers to verify the
amount of spirits, beer, and wine
eligible for exportation without payment
of tax or exportation subject to
drawback. The retention requirement for
this information collection is 2 years.
Current Actions: There are no changes
to this information collection, and we
are submitting it for extension purposes
only.
Type of Review: Extension of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
120.
Estimated Total Annual Burden
Hours: 7,200.
Title: Federal Firearms and
Ammunition Excise Tax Return.
OMB Number: 1513–0094.
TTB Form Number: 5300.26.
Abstract: This information is needed
to determine how much excise tax is
owed for firearms and ammunition. TTB
uses this information to verify that a
taxpayer has correctly determined and
paid tax liability on the sale or use of
firearms and ammunition. Businesses,
including small to large, and
individuals may be required to use this
form.
Current Actions: There are no changes
to this information collection, and we
are submitting it for extension purposes
only.
Type of Review: Extension of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
3,860.
Estimated Total Annual Burden
Hours: 27,020.
Title: Administrative Remedies—
Closing Agreements.
OMB Number: 1513–0099.
TTB Form Number: None.
TTB Recordkeeping Requirement
Number: None.
Abstract: This is a written agreement
between TTB and regulated taxpayers
used to finalize and resolve certain taxrelated issues. Once an agreement is
approved, it will not be reopened unless
fraud or misrepresentation of material
facts is proven.
Current Actions: There are no changes
to this information collection, and we
are submitting it for extension purposes
only.
Type of Review: Extension of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
One (1).
Estimated Total Annual Burden
Hours: One (1).

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Title: Marks and Notices on Packages
of Tobacco Products.
OMB Number: 1513–0101.
TTB Recordkeeping Requirement
Number: 5210/13.
Abstract: TTB requires that
manufacturers or exporters place a mark
and notice indicating a product’s tax
classification and quantity on packages,
cases, or containers. TTB uses this
information to validate the receipt of
excise tax revenue, to determine tax
liability, and to verify claims.
Current Actions: There are no changes
to this information collection, and we
are submitting it for extension purposes
only.
Type of Review: Extension of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
120.
Estimated Total Annual Burden
Hours: One (1).
Title: Drawback of Tax on Tobacco
Products and Cigarette Papers and
Tubes—Export Shipment.
OMB Number: 1513–0102.
TTB Recordkeeping Requirement
Number: 5210/2.
Abstract: Exporters may file claim for
drawback of tax on tobacco products
and cigarette papers and tubes on which
they have paid the taxes and exported.
Appropriate records are needed to
ensure that drawback of tax is properly
documented and justified. TTB uses the
claim information to carry out its
statutory responsibility to protect the
revenue by requiring proprietors to
maintain accountability over tobacco
products and cigarette papers and tubes
exported.
Current Actions: There are no changes
to this information collection and we
are submitting it for extension purposes
only.
Type of Review: Extension of a
currently approved collection.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
One (1).
Estimated Total Annual Burden
Hours: 5.
Title: Certificate of Taxpaid Alcohol.
OMB Number: 1513–XXXX.
TTB Form Number: 5100.4.
Abstract: This form is required by a
Port Director of Customs and Border
Patrol (Customs) to support refunding
taxes paid on nonbeverage products that
are exported. When the nonbeverage
product is exported, the industry
member submits TTB F 5100.4 and
supporting documentation to TTB. TTB
certifies the form and then submits it to
Customs.

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Current Actions: There are no changes
to this information collection, and it is
being submitted as an existing
collection in use without an OMB
control number.
Type of Review: Existing collection in
use without an OMB control number.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
10.
Estimated Total Annual Burden
Hours: 100.
Dated: April 22, 2008.
Francis W. Foote,
Director, Regulations and Rulings Division.
[FR Doc. E8–9105 Filed 4–24–08; 8:45 am]
BILLING CODE 4810–31–P

DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Form 4684
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:

SUMMARY: The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning Form
4684, Casualties and Thefts.
DATES: Written comments should be
received on or before June 24, 2008 to
be assured of consideration.
ADDRESSES: Direct all written comments
to R. Joseph Durbala, Internal Revenue
Service, Room 6129, 1111 Constitution
Avenue, NW., Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the form and instructions
should be directed to Carolyn N. Brown,
(202) 622–6688, Internal Revenue
Service, room 6129, 1111 Constitution
Avenue, NW., Washington, DC 20224 or
through the internet at
[email protected].
SUPPLEMENTARY INFORMATION:

Title: Casualties and Thefts.
OMB Number: 1545–0177.
Form Number: 4684.
Abstract: Form 4684 is used by
taxpayers to compute their gain or loss
from casualties or thefts, and to

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summarize such gains and losses. The
data is used to verify that the correct
gain or loss has been computed.
Current Actions: There are no changes
being made to the form at this time.
Type of Review: Extension of a
currently approved collection.
Affected Public: Individuals or
households and business or other forprofit organizations.
Estimated Number of Respondents:
113,333.
Estimated Time per Respondent: 4
hrs., 7 min.
Estimated Total Annual Burden
Hours: 466,932.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Books or records relating to a collection
of information must be retained as long
as their contents may become material
in the administration of any internal
revenue law. Generally, tax returns and
tax return information are confidential,
as required by 26 U.S.C. 6103.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
Approved: April 17, 2008.
R. Joseph Durbala,
IRS Reports Clearance Officer.
[FR Doc. E8–9027 Filed 4–24–08; 8:45 am]
BILLING CODE 4830–01–P

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File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
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