Letterhead Applications and Notices Relating to Wine (TTB REC 5120/2)

Forms and Documents

Document Name	Status
1513-0057 Supporting Statement (Wine Permit Mod 09-2024).docx Supporting Statement A	2024-10-02

IC Document Collections

IC ID	Document Title	Status
43837	Letterhead Applications and Notices Relating to Wine (TTB REC 5120/2)	Modified

ICR Details

OMB Control No: 1513-0057	ICR Reference No: 202409-1513-008
Status: Received in OIRA	Previous ICR Reference No: 202207-1513-013
Agency/Subagency: TREAS/TTB	Agency Tracking No: Wine Permit Mod. 2/3
Title: Letterhead Applications and Notices Relating to Wine (TTB REC 5120/2)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/02/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2025
Responses	2,640	2,000
Time Burden (Hours)	1,320	1,000
Cost Burden (Dollars)	5,280	4,000

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Abstract: Various provisions of chapter 51 of the Internal Revenue Code (IRC; 26 U.S.C. chapter 51) govern aspects of the production, treatment, and labeling of natural and agricultural wine or authorize the Secretary of Treasury to issue regulations regarding such matters. Under those IRC authorities, the Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations in 27 CFR part 24 require wine premise proprietors to submit letterhead applications or notices to TTB when they desire to use alternate regulatory compliance methods or procedures or when they desire to undertake certain specified operations, particularly those that affect the kind, tax rate, or volume of wine produced or removed. In general, operations posing a greater jeopardy to the revenue require submission of letterhead applications subject to TTB approval, while operations posing less jeopardy to the revenue require submission of letterhead notices that do not require TTB pre-approval. This information collection is necessary to ensure that proposed alternative methods or procedures and wine operations comply with relevant laws and regulations, and do not jeopardize the revenue or unduly burden TTB’s administration of 27 CFR part 24. In a proposed rule titled “Modernization of Permit Application Requirements for Wine Premises,” TTB is proposing deregulatory amendments to its regulations to modernize and streamline the application requirements to establish and operate a wine premises. The proposed amendments also relax reporting requirements associated with certain changes to the business or operations of a wine premises proprietor and will allow proprietors to simply notify TTB when they maintain required records at a location other than their premises in place of an alternate procedure application, which requires TTB approval. While TTB intends the proposed amendments to reduce respondent burden for OMB No. 1513–0009, Application to Establish and Operate Wine Premises, and Wine Bond, certain proposed amendments effect this information collection request, OMB No. 1513–0057, Letterhead Applications and Notices Relating to Wine (TTB REC 5120/2) and OMB No. 1513–0115, Usual and Customary Business Records Relating to Wine (TTB REC 5120/1). Specifically, TTB is proposing to move information collection requirements contained in 27 CFR 24.122 and 24.130 from OMB No. 1513–0009, Application to Establish and Operate Wine Premises, and Wine Bond, to this information collection request, OMB No. 1513–0057, Letterhead Applications and Notices Relating to Wine (TTB REC 5120/2), and is adding the letterhead request contained in amended 27 CFR 24.300(e) to OMB No. 1513–0057 as well. TTB notes that while the number of respondents to OMB No. 1513–0057 would increase due to the implementation of this proposed rule, the per-response burden associated with the wine-related letterhead information collection is 0.5 hour rather than the 1.0 hour currently estimated for the wine premises application information collection contained under OMB No. 1513–0009. Thus, the overall information collection burden associated with reporting changes to, or new trade names and volatile fruit-flavor concentrate operations to TTB by wine premises proprietors will decrease. TTB also notes that the proposal regarding alternate maintenance locations for wine premises records will not affect the burden of OMB No. 1513–0057 as the estimated burden for letterhead applications for alternate procedures and letterhead notices reporting an action are the same, 0.5 hour per response.

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Authorizing Statute(s): US Code: 26 USC 5381 - 5388 Name of Law: Internal Revenue Code
   US Code: 26 USC 5351 - 5373 Name of Law: Internal Revenue Code
   US Code: 26 USC 5391 - 5392 Name of Law: Internal Revenue Code
   US Code: 26 USC 5661 - 5663 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:
1513-AC47	Proposed rulemaking	89 FR 80160	10/02/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Letterhead Applications and Notices Relating to Wine (TTB REC 5120/2)

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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	2,640	2,000	0	640	0	0
Annual Time Burden (Hours)	1,320	1,000	0	320	0	0
Annual Cost Burden (Dollars)	5,280	4,000	0	1,280	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: In a proposed rule related to wine permit applications, TTB is proposing to move information collection requirements contained in 27 CFR 24.122 and 24.130 from OMB No. 1513–0009, Application to Establish and Operate Wine Premises, and Wine Bond, to this information collection request, OMB No. 1513–0057, Letterhead Applications and Notices Relating to Wine (TTB REC 5120/2), and is adding the letterhead request contained in amended 27 CFR 24.300(e) to OMB No. 1513–0057 as well. TTB notes that while the number of respondents to OMB No. 1513–0057 would increase due to the implementation of this proposed rule, the per-response burden associated with the wine-related letterhead information collection is 0.5 hour rather than the 1.0 hour currently estimated for the wine premises application information collection contained under OMB No. 1513–0009. Thus, the overall information collection burden associated with reporting changes to or new trade names and volatile fruit-flavor concentrate operations to TTB by wine premises proprietors will decrease. TTB also notes that the proposal regarding alternate maintenance locations for wine premises records will not affect the burden of OMB No. 1513–0057 as the estimated burden for letterhead applications for alternate procedures and letterhead notices reporting an action are the same, 0.5 hour per response. As a result of those proposed amendments, TTB estimates that the number of respondents filing wine premises applications under OMB No. 1513–0009 will decrease annually by 640 respondents, and, at 1 hour per response, will result in a decrease of 640 hours of burden for that information collection. Instead, wine premises proprietors making changes to their trade name(s) or to a volatile fruit-flavor concentrate process will, instead, submit letterhead notices under this information collection request, OMB No. 1513–0057. Each respondent will file an estimated 1 response annually, as currently estimated. At 0.5 hour per response for letterhead notices, TTB estimates the total annual burden increase for this information collection at 320 hours. However, given the 0.5 hour decrease in per-response burden estimate for reporting such changes to TTB, the overall burden for doing so will decrease by a total of 320 hours (-640 hours under OMB No. 1513–0009 + 320 hours under OMB No. 1513–005 = -320 hours). The revision of the information collection requirement regarding alternate record maintenance locations for wine premises records, from a letterhead application for an alternate procedure to a letterhead notice, will not affect the burden of this information collection as the per-response burden for letterhead applications and notices is the same (0.5 hour). However, such notifications will no longer require TTB approval prior to the use of the alternate record maintenance location.

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Annual Cost to Federal Government: $274,053

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.     No

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.     No

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: 10/02/2024

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