The Internal Revenue Code (IRC), at 26
U.S.C. 5207, requires distilled spirits plant (DSP) proprietors to
maintain records and submit reports of their production, storage,
denaturation, and processing activities, and, at 26 U.S.C. 5214, it
authorizes the withdrawal of denatured distilled spirits from a DSP
free of tax for certain specified uses, all subject regulations
prescribed by the Secretary of the Treasury. Under those IRC
authorities, the Alcohol and Tobacco Tax and Trade Bureau (TTB)
regulations in 27 CFR part 19 require DSP proprietors to keep
certain records regarding their production, loss, receipt,
transfer, and withdrawal of denatured spirits. Using the required
records, those regulations also require DSP proprietors to report a
summary of their daily denaturing (processing) activities to TTB on
a monthly basis using form TTB F 5110.43. Because denatured spirits
may be removed from a DSP free of tax, a full accounting of a DSP’s
denaturation operations is necessary to protect the revenue. The
required records and reports allow TTB to detect and prevent
diversion of denatured spirits to taxable uses, ensure compliance
with Federal law and regulations, and compile industry
statistics.
There are no program changes
associated with this information collection. As for adjustments,
due to changes in agency estimates resulting from growth in the
number of DSPs that engage in denaturing activities, TTB is
reporting an increase in the number of annual respondents to this
information collection, from 365 to 385. This results in
corresponding increases in the number of annual responses and
estimated total burden hours for this information collection, from
4,380 to 4,620 responses and hours.
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.