Marks and Notices on Packages of Tobacco Products, TTB REC 5210/13

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability

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IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
16135	Marks and Notices on Packages of Tobacco Products, TTB REC 5210/13		Modified

ICR Details

OMB Control No: 1513-0101	ICR Reference No: 200908-1513-001
Status: Historical Inactive	Previous ICR Reference No: 200808-1513-010
Agency/Subagency: TREAS/TTB	Agency Tracking No:
Title: Marks and Notices on Packages of Tobacco Products, TTB REC 5210/13
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/28/2009
OIRA Conclusion Action: Preapproved	Conclusion Date: 08/27/2009
	Date Received in OIRA: 08/25/2009
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2010	6 Months From Approved	10/31/2011
Responses	120	0	120
Time Burden (Hours)	1	0	1
Cost Burden (Dollars)	0	0	0

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Abstract: TTB requires that tobacco products be identified by statements of information on packages, cases, and containers of tobacco products. TTB uses this information to validate the receipt of excise tax revenue, the determination of tax liability, and the verification of claims.

Emergency Justfication: On February 4, 2009, President Obama signed into law the Children’s Health Insurance Program Reauthorization Act of 2009, Pub. L. 111-3, 123 Stat. 8 (“the Act”). Section 701 of the Act included amendments to the Internal Revenue Code of 1986 (IRC) that increased the rates of Federal excise taxes on tobacco products and cigarette papers and tubes removed from the factory, or from internal revenue bond, or from Customs custody, on or after April 1, 2009. We are requesting an emergency approval of 1513-0101 to adhere to the change in the law. This information collection is being amended to reflect the new requirements related to the notice requirement on tobacco products as a means of determining the classification of certain tobacco products, where the definition includes a consideration of how a product is likely to be offered to or purchased by consumers. In T.D. TTB-78, published in the Federal Register on June 22, 2009, TTB amended its regulations regarding the marks and notices requirement on certain tobacco products so that the products could be distinguished from each other and the proper tax rate could be applied to the products in question. TTB is currently in the process of issuing a new temporary rule that will amend the regulations promulgated in T.D. TTB-78. This new temporary rule will ease the collection of information burden on a small group of industry members by extending the use-up date for existing packaging, and in certain instances delay the application of the new classification rule. The emergency approval is needed as soon as possible. Thank you for your assistance.

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Authorizing Statute(s): PL: Pub.L. 111 - 3 701 Name of Law: Children's Health Insurance Program Reauthorization Act of 2009
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1513-AB75	Final or interim final rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Marks and Notices on Packages of Tobacco Products, TTB REC 5210/13

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ICR Summary of Burden

table that charts list of burden

	Total Request	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	120	120	0	0	0	0
Annual Time Burden (Hours)	1	1	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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: 08/25/2009

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