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
Form TTB F 5120.36 Wine Bond Form and Instruction	Modified
1513-0009 Supporting Statement (Wine Permit Mod 09-2024).docx Supporting Statement A	2024-10-02
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 Form and Instruction	Modified

ICR Details

OMB Control No: 1513-0009	ICR Reference No: 202409-1513-009
Status: Received in OIRA	Previous ICR Reference No: 202401-1513-019
Agency/Subagency: TREAS/TTB	Agency Tracking No: Wine Permit Mod. 1/3
Title: Application to Establish and Operate Wine Premises, and Wine Bond
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	04/30/2027
Responses	5,160	5,800
Time Burden (Hours)	3,960	5,600
Cost Burden (Dollars)	6,323	7,220

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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 as required by regulations issued by the Secretary of the Treasury. Under those IRC authorities, the Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued TTB F 5120.25, Application to Establish and Operate Wine Premises, to collect information that it uses to determine the qualifications under the IRC 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 certain required information such as location and ownership. Wine premises proprietors use TTB F 5120.36, Wine Bond, to file bond coverage with TTB, unless they are exempt from the bond requirement as described in the IRC at 26 U.S.C. 5551(d). The bond may be secured through a surety company, or it may be secured with collateral (Treasury securities or notes or by cash). The required bond protects the revenue by ensuring payment of delinquent Federal wine excise tax liabilities. 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 requirements for the Application to Establish and Operate Wine Premises information collection contained under this information collection request, which is approved under OMB control number 1513–0009. The proposed amendments also relax some reporting requirements associated with changes to the business of a wine premises proprietor that currently require the filing of an amended wine premises application. The proposed amendments are intended to reduce the overall respondent burden associated with the wine premises application information collection. (The Wine Bond portion of this information collection request is not affected by the proposed rule.) In addition, the proposed amendments will allow respondents additional flexibilities under the wine-related letterhead notice and wine-related recordkeeping information collections, approved under OMB control numbers 1513–0057, and 1513–0115, respectively.

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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:
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: 2

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

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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	5,160	5,800	0	-640	0	0
Annual Time Burden (Hours)	3,960	5,600	0	-1,640	0	0
Annual Cost Burden (Dollars)	6,323	7,220	0	-897	0	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: As described above in Question 1, in the proposed rule described above, TTB proposes deregulatory amendments to its regulations to streamline the requirements for new and amended wine premises applications. The TTB proposals also relax certain reporting requirements associated with changes to the business or operations of a wine premises proprietor that currently require the filing of an amended wine premises application. The proposed amendments are intended to reduce the overall respondent burden associated with the wine premises application information collection. As a result of the proposed program changes described above, TTB believes that the respondent burden associated with the Application to Establish and Operate Wine Premises information collection will be reduced as follows: (1) While the estimated number of annual responses-per-respondent will remain at one each, the estimated number of annual respondents and responses to that information collection will decrease from 4,640 to 4,000; (2) the estimated per-response burden will decrease from 1 hour (60 minutes) to 0.75 hour (45 minutes); and (3) the estimated total annual burden hours will decrease from 4,640 hours to 3,000, an overall decrease of 1,640 hours.

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Annual Cost to Federal Government: $1,049,257

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: 10/02/2024

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