The Internal Revenue Code (IRC) at 26
U.S.C. 5401 requires brewers to file a notice of intent to operate
a brewery, containing the information the Secretary of the Treasury
prescribes by regulation. Under that IRC authority, the TTB
regulations in 27 CFR Part 25, Beer, require new brewery applicants
to submit TTB F 5130.10, Brewer’s Notice, which provides TTB with
information similar to that collected on a permit application. The
part 25 regulations also require brewers to submit an amended
Brewer's Notice when certain changes occur to the brewery's
ownership, control, location, description, and bond or operating
status. Additionally, the TTB regulations require brewers to submit
letterhead applications or notices regarding certain changes in
brewery operations and the destruction, loss, or return of beer.
The TTB regulations require brewers to maintain a file at their
premises containing their Brewer's Notice, its incorporated
supporting documents, and the related letterhead applications and
notices, available for inspection by TTB officers. This information
collection request is necessary to protect the revenue and ensure
that brewers conduct their operations in compliance with relevant
Federal laws and regulations.
Program Changes: As a matter of
agency discretion, TTB is making several program changes to this
information collection -- (1) Previously, this information
collection request was titled “Letterhead Applications and Notices
Filed by Brewers, TTB REC 5130/2; and Brewer’s Notice, TTB F
5130.10.” TTB is retitling this information collection request
“Brewer’s Notices; and Letterhead Applications and Notices Filed by
Brewers” to place the information first filed by brewers, the
Brewer’s Notice, first in the collection request’s title, and to
eliminate references to information collection instruments in the
collection request’s title, which is in line with current TTB
policy. (2) TTB also eliminating the paper-based information
collection titled “Brewer’s Notice (Paper Form),” which has been
separate from the electronic information collection titled
“Brewer’s Notice (PONL Electronic System).” TTB is merging the
newly estimated burden for burden for the paper-based collection
with that for the electronic collection, and is retitling the
collection as “New and Amended Brewer’s Notices”. This retitled
collection will contain two collection instruments, paper form TTB
F 5130.10 and the electronic Permits Online (PONL) Application for
Brewery or Brewpub. TTB is taking this action because the two
currently separate information collections, and their respective
paper and electronic collection instruments, serve the same
purpose—the submission to TTB of a new or amended Brewer’s Notice.
(3) As part of its permit modernization effort, TTB has removed
several items from the Brewer’s Notice form, TTB F 5130.10 and its
PONL equivalent. Specifically, TTB has removed the requirement that
applicants attach Trade Name Registrations (if required by their
State), a Certificate to Transact Business in a Foreign State (if
applicable), TTB F 5000.29, Environmental Information, and TTB F
5000.30, Supplemental Information on Water Quality Considerations,
to their Brewer’s Notice applications. TTB also has removed a check
box for Brewpub applicants to report plans to sell retail liquors
other than beer. While TTB has removed these requirements from the
Brewer’s Notice, TTB is not reporting any related burden reduction
at this time. TTB accounted for the burden associated with TTB F
5000.29 and TTB F 5000.30 under OMB No. 1513–0023, and a
undetermined number of respondents submitted Trade Name
Registrations and/or Certificates to Transact Business in a Foreign
State as part of their Brewer’s Notice. Adjustments: Due to changes
in agency estimates, TTB is reducing the overall number of annual
respondents, responses, and burden hours associated with this
information collection. Since TTB’s last burden estimate in 2017,
the number of respondents submitting Brewer’s Bond Exemption
Applications has increased, but the number of respondents
submitting new and amended Brewer’s Notices and Brewer’s Letterhead
Applications and Notices has decreased. Overall, TTB is reporting a
decrease of 3,908 respondents, 9,100 responses, and 10,402 annual
burden hours for this information collection request, broken down
by information collection as follows: (1) New and Amended Brewer’s
Notices – from 6,298 respondents and responses to 3,330, and from
14,695 burden hours to 7,180. (2) Brewer’s Notice—Bond Exemption
Applications – from 1,652 respondents, responses, and burden hours
to 2,010. (3) Letterhead Applications and Notices Filed by Brewers
– from 6,298 respondents, 31,490 responses, and 15,745 burden hours
to 5,000 respondents, 25,000 responses, and 12,550 burden
hours.
$1,956,107
No
Yes
Yes
No
No
No
No
Jesse Longbrake 202
453-2265
No
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.
Brewer's Notices--Bond Exemption Applications
1513-0005 Supporting Statement (10-2020)-1.docx
Brewer's Notices--Bond Exemption Applications