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, Brewerâs 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 âLetterhead Applications and Notices Filed by Brewers, TTB REC 5130/2; and Brewerâs Notice, TTB F 5130.10.â TTB is retitling this information collection request âBrewerâs Notices; and Letterhead Applications and Notices Filed by Brewersâ to place the information first filed by brewers, the Brewerâs Notice, first in the collection requestâs title, and to eliminate references to information collection instruments in the collection requestâs title, which is in line with current TTB policy. (2) TTB also eliminating the paper-based information collection titled âBrewerâs Notice (Paper Form),â which has been separate from the electronic information collection titled âBrewerâs Notice (PONL Electronic System).â 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 âNew and Amended Brewerâs Noticesâ. 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 purposeâthe submission to TTB of a new or amended Brewerâs Notice. (3) As part of its permit modernization effort, TTB has removed several items from the Brewerâs 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 Brewerâs 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 Brewerâs 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. 1513â0023, and a undetermined number of respondents submitted Trade Name Registrations and/or Certificates to Transact Business in a Foreign State as part of their Brewerâs 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 TTBâs last burden estimate in 2017, the number of respondents submitting Brewerâs Bond Exemption Applications has increased, but the number of respondents submitting new and amended Brewerâs Notices and Brewerâs 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 Brewerâs Notices â from 6,298 respondents and responses to 3,330, and from 14,695 burden hours to 7,180. (2) Brewerâs NoticeâBond Exemption Applications â from 1,652 respondents, responses, and burden hours to 2,010. (3) Letterhead Applications and Notices Filed by Brewers â 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