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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules 2. Section 1.24 is amended by revising paragraph a to read as follows:

1.24

Qualifications of applicants.

a Such person or in case of a limited liability entity, any of its officers, directors, or persons holding a 10 percent or more ownership interest in any of the classes or types of ownership of the applicant has not, within 5 years prior to the date of application, been convicted of a felony under Federal or State law, and has not, within 3 years prior to the date of application, been convicted of a misdemeanor under any Federal law relating to liquor, including the taxation thereof; and

3. Section 1.27 is revised to read as follows:
1.27 Change in ownership, management, or control of the applicant.

In the event of any change in the ownership, management, or control of the applicant in case of a limited liability entity, any change in the officers, directors, or persons holding a 10 percent or more ownership interest in any of the classes or types of ownership of the applicant, after the date of filing of any application for a basic permit and prior to final action on such application, the applicant must notify the appropriate TTB officer immediately of such change.
4. Section 1.40 is revised to read as follows:

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1.40

Change in name.

a Legal name. In the event of any change in the name of the individual, firm, corporation, or other entity holding a basic permit, the permittee must file application form TTB F
5100.18 for an amended basic permit.
The application must be approved and an amended permit issued before operations may be commenced under the new name.
b Trade name. In the event of any change in a trade name of a permittee, or, in the event a permittee desires to engage in operations under an additional trade name, the permittee must first file a letterhead notice with the appropriate TTB officer listing the new names and the offices where they are registered.
Approved by the Office of Management and Budget under control number 15130019

5. Section 1.42 is revised to read as follows:

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1.42 Change in ownership, management, or control of business.

In the event of any change in the ownership, management, or control of any business operated pursuant to a basic permit in case of a limited liability entity, any change in the officers, directors, or persons holding a 10 percent or more ownership interest in any of the classes or types of ownership of the permittee the permittee must within 30 days notify the appropriate TTB officer of such change, giving the names and addresses of all new persons participating in the ownership, management, or control of such business. Notice to the appropriate TTB officer of any such change must be accompanied or supplemented by such data in reference to the personal or business history of such persons as the appropriate TTB officer may require.
1.44

Amended
6. Section 1.44 is amended by removing the word stock in the second sentence.

PART 17DRAWBACK ON TAXPAID
DISTILLED SPIRITS USED IN
MANUFACTURING NONBEVERAGE
PRODUCTS
7. The authority citation for part 17
continues to read as follows:

Authority: 26 U.S.C. 5010, 51115114, 5123, 5206, 5273, 6065, 6091, 6109, 7213, 7652, 7805; 31 U.S.C. 9301, 9303, 9304, 9306.

8. Section 17.161 is revised to read as follows:

17.161

General.

Each person claiming drawback on taxpaid distilled spirits used in the manufacture of nonbeverage products must maintain records showing the information required in this subpart. No particular form is prescribed for these records, but the data required to be shown must be clearly recorded and organized to enable appropriate TTB
officers to trace each operation or transaction, monitor compliance with law and regulations, and verify the accuracy of each claim. Ordinary business records, including invoices and cost accounting records, are acceptable if they show the required information or are annotated to show any such information that is lacking.
The records must be kept complete and current at all times and must be retained by the manufacturer for the period prescribed in 17.170 and at the place prescribed in 17.171.
9. Section 17.171 is amended by:
a. Designating the paragraph as paragraph a;

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b. Removing the word shall each place it appears and adding in its place the word must in newly designated paragraph a;
c. Adding paragraph b; and d. Removing the parenthetical authority citation at the end of the section.
The revision reads as follows:

17.171

Inspection of records.

b A manufacturer may keep the records required by this part at a location other than the premises where the distilled spirits are used in the manufacture or production of nonbeverage products, if he or she has first provided a letterhead notice to the appropriate TTB officer, identifying the location where the records are to be kept. A manufacturer keeping records at a location other than the premises where distilled spirits are used in the manufacture or production of nonbeverage products must make the records available at such premises upon request of the appropriate TTB officer;
however, the TTB officer may, at his or her discretion, allow the permittee to supply copies including electronic copies of such records instead of the originals.
PART 19DISTILLED SPIRITS
PLANTS
10. The authority citation for part 19
continues to read as follows:

Authority: 19 U.S.C. 81c, 1311; 26 U.S.C.
5001, 5002, 50045006, 5008, 5010, 5041, 5061, 5062, 5066, 5081, 5101, 51115114, 51215124, 5142, 5143, 5146, 5148, 5171
5173, 5175, 5176, 51785181, 52015204, 5206, 5207, 52115215, 52215223, 5231, 5232, 5235, 5236, 52415243, 5271, 5273, 5301, 53115313, 5362, 5370, 5373, 5501
5505, 55515555, 5559, 5561, 5562, 5601, 5612, 5682, 6001, 6065, 6109, 6302, 6311, 6676, 6806, 7011, 7510, 7805; 31 U.S.C. 9301, 9303, 9304, 9306.

11. Section 19.73 is amended by:
a. Revising paragraphs a12 and 13;
b. Removing paragraph a14;
c. Redesignating paragraph a15 as paragraph a14 and revising newly redesignated paragraph a14;
d. Redesignating paragraph a16 as paragraph a15; and e. Removing the parenthetical authority citation at the end of the section.
The revisions read as follows:

19.73 Information required in an application for registration.

a
12 A certification that the plants security will be in compliance with 19.192;

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