Under the IRC at 26 U.S.C. 5001,
distilled spirits produced or imported into the United States are
subject to an excise tax of up to $13.50 per proof gallon. However,
under 26 U.S.C. 5214(a)(12) distilled spirits used for fuel
purposes may be withdrawn from a distilled spirits plant (DSP) free
of tax. To protect the revenue and help prevent diversion of
alcohol fuel to taxable beverage use, 26 U.S.C. 5181 and 5207
require a proprietor of a DSP established as an alcohol fuel plant
(AFP) to make applications, maintain records, and render reports as
the Secretary of the Treasury prescribes by regulation. Under those
IRC authorities, TTB has issued AFP fuel regulations in 27 CFR,
part 19, subpart X, which require AFP proprietors to keep certain
records, provide certain notices, place certain marks on alcohol
fuel containers, and make annual operations reports using form TTB
F 5110.75. The information collected under these regulations is
necessary to keep AFP permits current, to account for distilled
spirits produced for fuel purposes and verify the spirits’
disposition, and to evaluate requested variations from prescribed
AFP procedures.
There are no program changes
associated with this information collection. As a result of changes
in agency estimates, TTB is making adjustments to the information
collection request’s annual estimated burden. While TTB is
increasing the number of AFPs from 1,663 to 1,900, and is therefore
increasing the number of AFP annual reports submitted to TTB on TTB
F 5110.75, TTB is decreasing the number of responses to the
Miscellaneous Letterhead Applications and Notices, Marks, and
Records information collection due to a decrease in the number of
letterhead applications and notices received, from 955 to 62. In
addition, we are decreasing the estimated time to complete a TTB F
5110.75 from 1.1 hours to 1.0 hour. Therefore, the overall number
of respondents and responses to this information collection request
has decreased from 2,618 to 1,962, and the estimated annual burden
hours have decreased from 2,784 to 1,962. TTB also is adding
respondent costs to its reported burden estimate. In addition, for
clarity, TTB is altering the title of this information collection
request to read “Alcohol Fuel Plants (AFP) Reports, and
Miscellaneous Letterhead Applications and Notices, Marks, and
Records.”
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.