The Internal Revenue Code (IRC)
requires brewers to file periodic reports of their brewing and
associated operations. Brewers that anticipate an annual Federal
excise tax liability of $50,000 or more with respect to beer must
use TTB F 5130.9 to file monthly operational reports. Brewers that
were liable for not more than $50,000 in Federal excise taxes with
respect to beer in the preceding calendar year and that reasonably
expect to be liable for not more than $50,000 in such taxes during
the current calendar year may use either TTB F 5130.9 or the
simplified TTB F 5130.26 to file quarterly operational reports. TTB
uses these reports to determine whether the brewer's operations are
in compliance with the requirements of Federal law and regulations.
We also use this information to assist us in determining whether
the brewer pays the proper Federal excise taxes in a timely and
accurate manner.
We are submitting this
information collection as a revision of this collection as last
approved by OMB for six months in October 2014. Under a final rule
amending 27 CFR 25.297(b) published in the Federal Register on
September 30, 2014, and effective on January 1, 2015, certain
brewers are now required to file their operations reports on a
quarterly basis, either on TTB F 5130.9 or TTB F 5130.26. (See T.D.
TTB–123 at 79 FR 58674.) In addition, we are removing from this
information collection older versions of TTB F 5130.9 and TTB F
5130.26 used by brewers to report operational activities that
occurred prior to 2015, and we are retaining the revised shorter
version of TTB F 5130.9 and the revised quarterly version of TTB F
5130.26 that brewers will use to report operational activities
occurring on and after January 1, 2015. Further, we are revising
the number of respondents to 5,000 and resulting total annual
burden hours to reflect a significant increase in the number of
respondents due to the growth in the number of small, craft brewers
(by nearly two-thirds) in recent years.
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:
(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;
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.