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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules that 30 days is too short a time for regulated entities to assemble the information that is required to be filed in connection with various changes in the business. These comments suggested that such filing deadlines should be extended to 60 days.
TTB reviewed these proposals and concluded that extending existing deadlines for reporting certain changes in the business including in some cases by applying for a new or amended permit or registration from 30 to 60
days would not, in general, pose risk to the revenue or raise other concerns with regard to permits and/or registrations issued under the authority of the IRC.
Accordingly, TTB proposes to extend such deadlines as described immediately below. Requirements and timeframes related to FAA Act permits are discussed separately at the end of this section. FAA Act permits have a different statutory basis, which sets forth certain reporting timeframes that TTB is unable to modify by regulation.
In some circumstances, industry members holding both an FAA Act permit and an IRC registration such as DSPs producing nonindustrial spirits will be limited by the shorter statutory reporting period of the FAA Act.
In 27 CFR part 19, TTB proposes to amend the following sections to extend reporting deadlines for changes in the permitted business to 60 days:
19.112, 19.114, and 19.123 relating to DSP registrations; 19.126, 19.127, and 19.130 relating to DSP operating permits; 19.644 relating to vinegar plants; and 19.683, 19.684, 19.686, 19.687, and 19.691 relating to alcohol fuel plants.
Concerning DSP registrations, 27 CFR
19.112 provides the general rules for amending a registration, and requires that, if there is a change in any of the information in the proprietors current, approved notice of registration, the proprietor must amend the registration within 30 days of the change unless another time period is specified by another, more specific regulation.
Section 19.114 requires that a DSP
proprietor notify TTB of any changes in the list of stockholders or persons with interest that was filed with TTB
as part of the registration application and provides that, if the change results in a change of control, the proprietor must file form TTB F 5110.41, Registration of Distilled Spirits Plant, within 30 days of the change. TTB
proposes to extend each of these deadlines from 30 days to 60 days.
Section 19.123 requires that a DSP
proprietor notify TTB if any change is made to the statement of plant security filed under 27 CFR 19.76. TTB proposes
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in this document as discussed above to remove 19.76 entirely, and accordingly proposes to remove 19.123.
TTB also proposes conforming amendments in 27 CFR 19.80 to clarify that, when an IRC operating permit or an FAA Act permit remains in effect pending final TTB action on a new application for such a permit necessitated by a business change, the approved notice of registration associated with that permit also remains valid during that time.
Concerning DSP operating permits, which apply to industrial alcohol operations, 19.126 provides the general rules for amending a permit and requires that, if there is a change in any of the information that the proprietor provided as part of the current approved application for an operating permit, the proprietor must amend the operating permit within 30 days of the change unless another time period is specified by another, more specific regulation.
Section 19.127 provides for the automatic termination of a DSP
operating permit under certain circumstances. In the case of a corporation, 19.127 provides that the operating permit will terminate 30 days following a change in actual or legal control of the corporation, but if an application for a new permit is submitted within that 30 days, the outstanding permit may remain in effect until TTB takes final action on the new application. Section 19.130 requires that the proprietor notify TTB of any changes in the list of stockholders or persons with interest that was filed in connection with the operating permit application. If such a change results in a change in actual or legal control of the business, the proprietor must file an application for a new permit within 30
days. TTB proposes to extend each of these deadlines from 30 to 60 days.
With respect to the automatic termination provisions of 19.127, the proposed amendments also necessarily extend the timeframe for termination to 60 days.
Concerning vinegar plants, 19.644
provides that the proprietor of a vinegar plant must immediately notify TTB in writing of any change in the information that was provided in an approved application. TTB proposes to amend this section to require the notification be made within 60 days of the change.
Concerning alcohol fuel plants, 19.683 provides the general rules for amending a permit and requires that, if there is a change relating to any of the information contained in, or considered a part of, the application for an alcohol fuel plant permit, the proprietor must
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amend the information previously submitted within 30 days of the change unless another time period is specified by another, more specific regulation.
Section 19.684 provides for the automatic termination of an alcohol fuel plant permit under certain circumstances. In the case of a corporation, the permit will terminate 30 days following a change in actual or legal control of the corporation, but if an application for a new permit is submitted within those 30 days, the outstanding permit may remain in effect until TTB takes final action on the new application. Section 19.686 provides that, When there is a change in the name of the individual, firm, corporation, or other entity holding the permit, the proprietor must file an application to amend the permit . . .
within 30 days of the change. Section 19.687 requires that the proprietor provide TTB with letterhead notice within 30 days of any change to the list of officers, directors, members, managers, or other principal persons provided with the application for a permit as a medium or large alcohol fuel plant. Section 19.691 states that, if there is a change in the address of an alcohol fuel plant that does not involve a change in the location or area of the plant itself, the proprietor must submit a letterhead notice to the appropriate TTB officer within 30 days of the change. TTB proposes to extend each of these deadlines from 30 to 60 days.
With respect to the automatic termination provisions of 19.684, the proposed amendments also necessarily extend the timeframe for termination to 60 days.
Concerning permits for dealers or users of denatured alcohol and rum, TTB proposes to amend provisions in 27
CFR part 20 to extend a similar 30-day requirement to 60 days, and to remove one notification requirement. Section 20.56 requires that a permittee submit a written notification to TTB within 30
days of certain changes relating to any of the information contained in, or considered a part of, the application for a permit. Section 20.57 requires that the permit holder provide written notice to TTB within 10 days of a change in proprietorship or a change in actual or legal control of the business. Section 20.57 further provides that the permit will terminate 30 days following a change in proprietorship or control, unless the permit holder submits an application for a new permit within 30
days of the change, in which case the outstanding permit may remain in effect until TTB takes final action on the new application. TTB proposes to extend the
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