The Internal Revenue Code (IRC)
requires brewers to file a notice of intent to operate a brewery.
TTB F 5130.10, the Brewer’s Notice, collects information similar to
that collected on a permit application and, when approved by TTB,
is a brewer's authorization to operate. The brewer shall maintain
the approved Brewer's Notice and all associated documents at the
brewery premises, in complete and current condition, readily
available for inspection by an appropriate TTB officer. The
regulations also require that a brewer submit a letterhead
application or notice to conduct certain activities, such as to
vary from regulatory requirements or to alternate brewery premises.
Letterhead applications and notices are necessary to identify
brewery activities so that TTB may ensure that proposed operations
would comply with the IRC and would not jeopardize Federal
revenue.
As described above, TTB is
making program changes associated with this information collection
to implement the bond exemption under the PATH Act. TTB is amending
its regulations to provide that an applicant or existing brewer
must state on TTB Form 5130.10 whether the proprietor is exempt
from bond requirements. As for adjustments, since the last
submission of this information collection, the number of brewers
regulated by TTB has increased from 5,864 to 6,298, resulting in an
increase in the number of respondents, responses, and total annual
burden hours associated with this collection. The total annual
number of respondents and burden hours will also increase by 1,651
in each of the next three years as a result of submissions of TTB
Form 5130.10 by existing brewers applying for the bond exemption
authorized under section 332 of the PATH Act. TTB is adding a new
item to the form where the applicant or brewer selects whether the
proprietor is eligible for the bond exemption, and TTB is amending
one of the instructions on the form to reflect this change.
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.