Application to Establish and Operate Wine Premises, and Wine Bond

Forms and Documents

Document Name	Status
Form TTB F 5120.25 Application to Establish and Operate Wine Premises Form and Instruction	Modified
1513-0009 Supporting Statement (11-2020).docx Supporting Statement A	2020-11-24
Permits Online Customer User Guide (TTB P 5020.06; 05-2015).pdf Supplementary Document	2017-08-18

IC Document Collections

IC ID	Document Title	Status
44767	Application to Establish and Operate Wine Premises Form and Instruction	Modified
15953	Wine Bond Instruction	Modified

ICR Details

OMB Control No: 1513-0009	ICR Reference No: 202010-1513-020
Status: Received in OIRA	Previous ICR Reference No: 201708-1513-010
Agency/Subagency: TREAS/TTB	Agency Tracking No: ICN 80 - 1/19
Title: Application to Establish and Operate Wine Premises, and Wine Bond
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/25/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2021
Responses	7,315	4,495
Time Burden (Hours)	7,096	3,345
Cost Burden (Dollars)	5,850	0

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Abstract: The Internal Revenue Code (IRC) at 26 U.S.C. 5351 through 5357 provides for the establishment of bonded wine cellars, bonded wineries, and taxpaid wine bottling houses and, to establish such wine premises, these IRC sections require the filing of applications and bonds. Under these authorities, TTB has issued TTB F 5120.25, Application to Establish and Operate Wine Premises, to collect information that TTB uses to determine the qualifications of an applicant applying to establish and operate a new wine premises. Proprietors of established wine premises also use TTB F 5120.25 to report changes to required information such as location and ownership. Unless exempted by the IRC at 26 U.S.C. 5551(d), wine premises respondents use TTB F 5120.36, Wine Bond, to file bond coverage with TTB. The bond may be secured through a surety company or it may be secured with collateral (cash, Treasury Bonds or Treasury Notes). The bond protects the revenue by ensuring adequate assets are available to pay Federal excise tax liabilities.

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Authorizing Statute(s): US Code: 26 USC 5351 through 5357 Name of Law: Internal Revenue Code
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 55067	09/03/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 75409	11/25/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Wine Bond	TTB F 5120.36w, None, TTB F 5120.36	Wine Bond Worksheet ,   Permits Online - Original Winery Application ,   Wine Bond
Application to Establish and Operate Wine Premises	TTB F 5120.25, TTB F 5120.25	Permits Online - Original Winery Application ,   Application to Establish and Operate Wine Premises

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	7,315	4,495	0	0	2,820	0
Annual Time Burden (Hours)	7,096	3,345	0	0	3,751	0
Annual Cost Burden (Dollars)	5,850	0	0	0	5,850	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There are no program changes associated with this collection approval request at this time. As for adjustments, due to changes in agency estimates, TTB is increasing the number of annual respondents, responses, and burden hours associated with this information collection request, from 4,495 respondents and responses to 7,315, and from 3,345 hours to 7,096. The increases in respondents and responses results largely from continued growth in the number of wineries in the United States. In addition to increase in burden hours resulting from that growth, TTB also is increasing the per-response burden for the wine premises application information collection from 0.25 hour to 1 hour to better account for the respondent’s need to gather and attach supporting documents to their wine premises application.

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Annual Cost to Federal Government: $1,352,006

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 11/25/2020

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