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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules a. 27 CFR 19.74. Section 19.73a8
requires that an application for registration as a DSP include a description of the plant in accordance with 19.74. Section 19.74 sets forth the specific information to be included in the description, which includes: 1 A
description of each tract of land covered by the plant; 2 identification of the bonded and any general premises; 3
descriptions of each building and outside tank that will be used for production, storage, and processing of spirits and for denaturing spirits, articles, or wines; and 4 identification of the rooms or floors of a building that will be used for plant operations, if the plant consists of less than the entire building in which it is situated. TTB
proposes to amend 19.74 to remove the requirement to provide a description of the tract of land and to further clarify the specific information to be submitted as follows: 1 Overall dimensions of the buildings housing the DSP; 2 the dimensions of the bonded premises and any general premises; 3 any internal walls establishing the boundaries of the bonded premises and general premises;
4 the external doors of the DSP
premises; 5 any portions of the plant premises that are outdoors, including the location of any outdoor tanks; and 6 any adjacent retail premises that are to be operated by the applicant. TTB
believes that these descriptive elements are the minimum necessary to allow TTB to evaluate whether the premises is adequate to protect the revenue and otherwise complies with the statutory restrictions on DSP locations set forth at 26 U.S.C. 5178. The proposed amendments provide flexibility to submit this information in narrative form or diagram form, whichever is better suited to the applicants circumstances. The proposed amendments also provide that photographs of any of the required elements must be submitted upon request of the appropriate TTB officer.
b. 27 CFR 19.119 and 19.122. Under current 19.119, a DSP proprietor is required to amend his or her registration prior to extending or curtailing any part of the plant premises, except for certain operations described in 19.142
alternation for customs purposes and 19.143 alternation for other purposes.
Section 19.122 currently requires that a DSP proprietor file a letterhead notice prior to making any material changes to the construction or use of the buildings or equipment at the DSP, other than changes covered by 19.119, 19.142, and 19.143. TTB proposes to consolidate these requirements into a single 19.119, and to further amend
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that section consistent with the proposed amendments to 19.74.
Specifically, in the revised 19.119, the current text of 19.119 regarding extension or curtailment of the premises would be maintained, but TTB proposes to incorporate as a new paragraph the provisions of the current 19.122
relating to changes in construction or use of buildings. TTB further proposes to amend this new paragraph to no longer require the proprietor to describe in detail any material change in the construction or use of buildings or equipment but instead require the reporting of changes to the premises other than those covered by current 19.119, 19.142, or 19.143 that would render inaccurate the description submitted with the registration or submitted separately or previously by the proprietor with another amendment.
TTB is also proposing to remove the requirement that the change described in the letterhead notice also be subsequently incorporated into the next submission of an application for amended registration on TTB F 5110.41
where such amendment would not otherwise require submission of a premises description. However, to the extent that subsequent applications for an amended registration make any further reportable changes to the premises, an up-to-date description must be submitted.
c. 27 CFR 19.673b2, 19.675b2, and 19.676b2. TTB proposes amendments similar to those described above in point a to the requirements associated with applications for alcohol fuel plant permits, at 19.673b2, 19.675b2, and 19.676b2. Note that the illustration of adjacent retail premises is not applicable to alcohol fuel plants.
d. 27 CFR 19.643b. TTB proposes amendments similar to those discussed in point a above to the requirement that applicants for a vinegar plant registration provide a description of the plant premises, at 19.643b. Note that the illustration of adjacent retail premises is not applicable to vinegar plants.
e. 27 CFR 19.141a, 19.142b, and 19.143b. Sections 19.141 through 19.143 each provide procedures for alternation of the DSP premises.
Specifically, 19.141 prescribes procedures related to alternation of proprietors, 19.142 prescribes procedures related to alternation for customs purposes, and 19.143
prescribes procedures related to alternation for other purposes such as use of the premises as a bonded wine cellar or brewery. One of the prescribed procedures to engage in each type of
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alternation is that the proprietor must submit with his or her application for registration as a DSP a diagram of the part of the plant that will be alternated, as well as a description of the areas, rooms or buildings, or combination of rooms or buildings that will be alternated. In the case of 19.141a and 19.142b, the applicant must also provide a description of the method that the applicant will use to separate the alternated premises from any premises not subject to alternation. TTB believes that the information collected under these sections can be consolidated into the premises descriptions required under 19.73a8. Accordingly, TTB
proposes to amend these sections to require that such information be included in the descriptions submitted under 19.73a8. TTB also proposes conforming amendments to 19.141b and 19.142c.
f. 27 CFR 19.692b2. TTB proposes amendments similar to those described in the previous paragraph to the qualification requirements for an alternating proprietorship as an alcohol fuel plant, at 19.692b2.
g. 27 CFR 19.73a12, 19.76, and 19.192. Section 19.73a12 requires that an application for registration as a DSP include a statement of plant security measures in accordance with 19.76. Under 19.76, the plant security statement must include a general description of plant security, a statement regarding the use of guard personnel, and other similar statements regarding the use of alarm systems and locks. Plant security as a continuing requirement for a permit is also addressed at 19.192, which generally requires that a DSP proprietor provide adequate security to protect the revenue, and specifies requirements relating to building construction and the locking mechanisms to be used on storage tanks and points of entry to the DSP premises. Section 19.192f also sets forth specifications for locks to be used in DSPs. TTB believes that the narrative statements concerning plant security required under 19.73a12
and 19.76 are overly broad and should be more consistent with the ongoing requirements of the permit set forth in 19.192. Accordingly, TTB proposes to eliminate 19.76 and to amend 19.73a12 to instead require that an application for registration as a DSP
include a certification that the plants security will be compliant with the requirements of 19.192. TTB also believes that the specifications for locks set forth in 19.192f are unnecessarily specific, and proposes to replace those specifications with a requirement that the locks used to secure the plant be of
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