Under the authority of the Internal
Revenue Code at 26 U.S.C. 5181(a)(1), persons wishing to establish
a distilled spirits plant for the sole purpose of producing and
receiving distilled spirits for fuel use must provide an
application and bond as the Secretary of the Treasury may prescribe
by regulation. Under this authority, TTB has issued regulations
concerning the establishment of such alcohol fuel plants (AFPs).
These regulations require, among other things, that a person
wishing to establish an AFP must submit an application for an
alcohol fuel producer permit using form TTB F 5110.74. This
application form and its required supporting documents describe,
among other things, the person(s) applying for the permit, the
proposed AFP’s location, its stills and the type(s) of materials to
be distilled, the size category of the operation (small, medium, or
large) based on the annual amount of alcohol fuel to be produced,
and the security measures to be taken to protect the spirits from
diversion and theft. The application also must include a diagram of
the plant premises. In addition, existing alcohol fuel producer
permit holders use TTB F 5110.74 to make certain amendments to
their permit information. The information required on the alcohol
fuel producer permit application is necessary to protect the
revenue since, when first produced, distilled spirits made at AFPs
are potable and are thus subject could to the Federal distilled
spirits excise tax of $13.50 per proof gallon imposed by the IRC at
26 U.S.C. 5001. Only when denatured for fuel use as required by 26
U.S.C. 5181(e) may spirits be withdrawn from the AFP free of tax,
as authorized by 26 U.S.C. 5214(a)(12).
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.