The Internal Revenue Code (IRC) requires brewers to file a notice of intent to operate a brewery. TTB F 5130.10, the Brewerâs 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.
Form TTB F 5130.10 Brewer's Notice (Paper)
1513-0005 Supporting Statement (2016-12-15).docx
Brewer's Notice (Bond Exemption Applications)