Federal Register - December 3, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules retention requirements applicable to such entities i.e., record retention requirements in 27 CFR parts 17, 20, 22, 26, 27, 28, and 31 to reflect those set forth in 19.573 and 19.574, described above. TTB also proposes amendments to 19.574, as well as other record retention provisions in part 19, intended to clarify that an industry member generally may satisfy a request for documents by providing copies of such documents, including electronic copies.

IV. Regulatory Analysis and Notices A. Executive Order 12866

III. Public Participation
It has been determined that this proposed rule is not a significant regulatory action as defined by Executive Order 12866. Therefore, a regulatory impact assessment is not required.

A. Comments Invited
B. Regulatory Flexibility Act
TTB invites comments from interested members of the public on this proposed rulemaking. TTB also invites comments on any additional means to streamline application processes within the parameters of TTBs statutory obligations.

In accordance with the Regulatory Flexibility Act 5 U.S.C. 601 et seq., TTB has analyzed the potential economic effects of this action on small entities. In lieu of the initial regulatory flexibility analysis required to accompany proposed rules under 5
U.S.C. 603, section 605 allows the head of an agency to certify that a rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. The following analysis provides the factual basis for TTBs certification under section 605.

B. Submitting Comments You may submit comments on this proposal as an individual or on behalf of a business or other organization via the Regulations.gov website or via postal mail, as described in the ADDRESSES section of this document.
Your comment must reference Notice No. 207 and must be submitted or postmarked by the closing date shown in the DATES section of this document.
You may upload or include attachments with your comment. You also may submit a comment requesting a public hearing on this proposal. The TTB
Administrator reserves the right to determine whether to hold a public hearing. If TTB schedules a public hearing, it will publish notification of the date, time, and place for the hearing in the Federal Register.
C. Confidentiality and Disclosure of Comments
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regarding comments on this proposal or to request copies of this document, its supporting materials, or the comments received in response.

All submitted comments and attachments are part of the rulemaking record and are subject to public disclosure. Do not enclose any material in your comments that you consider confidential or that is inappropriate for disclosure.
TTB will post, and you may view, copies of this document, its supporting materials, and any comments TTB
receives about this proposal within the related Regulations.gov docket. In general, TTB will post comments as submitted, and it will not redact any identifying or contact information from the body of a comment or attachment.
Please contact TTBs Regulations and Rulings division by email using the web form available at https www.ttb.gov/
contact-rrd, or by telephone at 202453
2265, if you have any questions
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Impact on Small Entities While TTB believes the majority of businesses subject to this proposed rule are small businesses, the changes proposed in this document will not have a significant impact on those small entities. The proposed amendments are generally aimed at reducing burden on regulated entities of all sizes by: 1
Eliminating the collection of certain information from applications for permits or registrations; 2 replacing required narrative descriptions of an applicants premises with more specific description requirements; 3 extending deadlines for reporting certain changes in a permitted or registered business; 4
relaxing the requirements associated with amending the trade names available for use by a permitted or registered business; 5 allowing the maintenance of required records at locations other than the permitted or registered premises; and 6 clarifying and limiting which individuals are required to submit certain background information in connection with an application for permit or registration.
Many of the proposed changes are consistent with recommendations submitted by industry in response to Treasurys request for recommendations for Treasury regulations that can be eliminated, modified, or streamlined in order to reduce burdens.
Examples of eliminating the collection of information from applications for permits or registrations
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are the proposed amendments to 19.73a12, 19.76, and 19.123, which eliminate a requirement that an applicant for a DSP registration submit a statement of plant security measures and replace it with a requirement that the applicant certify its premises is in compliance with the security specifications already established at 19.192. Additionally, proposed amendments to 19.75 eliminate the requirement to provide in the application for registration the serial numbers of the tanks, stills, and condensers to be used on the DSP
premises, allowing an application to be filed when equipment is on order but not yet received.
The proposed amendments to 19.73, 19.74, 19.141, 19.142, 19.143, 19.643, 19.673, 19.675, 19.676, and 19.692 replace requirements for narrative descriptions of an applicants DSP premises with requirements to submit more specific information regarding the premises. For example, in connection with an application for registration as a DSP, 19.74 currently requires a detailed narrative description of the DSP premises, including each tract of land covered by the DSP, featuring directions and distances in enough detail to enable the appropriate TTB officer to readily determine the boundaries of the plant. The proposed amendments to 19.74 remove the narrative description requirements and instead require the submission of more limited information illustrating certain specified attributes.
An example of extending deadlines for reporting changes in a permitted or registered business is the proposed amendment to 19.112, which provides the general rules for notifying TTB of any changes in the information included in a DSPs notice of registration. Section 19.112 generally requires that when such changes occur, the proprietor must file specified documentation with TTB
to amend the registration within 30
days. The proposed amendments to 19.112 extend this deadline to 60 days.
TTB proposes similar amendments at 19.114, 19.126, 19.127, 19.130, 19.644, 19.683, 19.684, 19.686, 19.687, 19.691, 20.56, 20.57, 22.57, 22.58, and 31.138.
An example of relaxing the reporting requirements associated with changes in the trade names available for use by a permitted or registered business is the proposed amendment to 19.129.
Section 19.129 currently requires that a proprietor of a DSP apply for, and receive approval of, an amended operating permit prior to operating under a new trade name. The proposed amendment to 19.129 allows the
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Federal Register - December 3, 2021

TitoloFederal Register

PaeseStati Uniti

Data03/12/2021

Conteggio pagine350

Numero di edizioni7801

Prima edizione14/03/1936

Ultima edizione24/06/2026

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