Federal Register - December 3, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules
addition of a new trade name through a letterhead notice that does not require TTB approval. TTB proposes similar amendments at 1.40, 20.61, 22.62, and 31.132.
Concerning records maintenance, current recordkeeping requirements applicable to manufacturers of nonbeverage products, specially denatured spirits dealers and users, taxfree alcohol users, importers, wholesalers, and alcohol beverage dealers do not allow records to be maintained at a location other than the premises covered by the permit or registration. The proposed amendments to 17.161, 17.171, 20.267, 22.164, 26.174, 26.275, 26.310, 27.136, 28.45, 31.152, 31.172, and 31.181 generally allow for the maintenance of required records at locations other than the permitted or registered premises upon letterhead notice to TTB.
With respect to the collection of applicant background information, TTB
proposes amendments to 27 CFR 19.93, 19.677, 20.45, and 22.45 to clarify the individuals who are required to submit statements of financial interest in a business applying for a distilled spiritsrelated permit or registration. The proposed amendments clarify that: 1
Such statements of interest are required only from persons with an ownership interest in the applicant of 10 percent or greater; and 2 where a person holding such an interest is a legal entity other than an individual, an applicant must submit basic identifying information about a representative individual for that entity.
In conclusion, while the entities affected by the proposed rule include a substantial number of small entities, the effects of the changes in this proposed rule are expected to be positive for the affected entities.
In accordance with the Regulatory Flexibility Act 5 U.S.C. 601 et seq., TTB certifies that this proposed rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. The proposed rule will not impose, or otherwise cause, a significant increase in reporting, recordkeeping, or other compliance burdens on a substantial number of small entities. The proposed rule is not expected to have significant secondary or incidental effects on a substantial number of small entities.
Accordingly, a regulatory flexibility analysis is not required. Pursuant to 26
U.S.C. 7805f, TTB will submit the proposed regulations to the Chief Counsel for Advocacy of the Small Business Administration for comment on the impact of the proposed regulations on small businesses.
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C. Paperwork Reduction Act Regulations addressed in this document contain current collections of information that have been previously reviewed and approved by the Office of Management and Budget OMB in accordance with the Paperwork Reduction Act of 1995 44 U.S.C.
3504h and assigned control numbers 15130002, 15130018, 15130019, 15130028, 15130040, 15130041, 15130044, 15130048, 15130051, 15130052, 15130059, 15130060, 15130061, 15130062, 15130065, 15130066, 15130073, 15130075, 15130088, 15130089, and 15130112.
The specific regulatory sections in this proposed rule that contain collections of information, either current or proposed, are 1.27, 1.40, 1.42, 1.44, 17.161, 19.73, 19.74, 19.75, 19.93, 19.94, 19.112, 19.114, 19.119, 19.126, 19.127, 19.129, 19.130, 19.141, 19.142, 19.143, 19.192, 19.574, 19.643, 19.644, 19.673, 19.675, 19.676, 19.677, 19.683, 19.684, 19.686, 19.687, 19.691, 19.692, 20.42, 20.45, 20.56, 20.57, 20.61, 20.267, 22.42, 22.45, 22.57, 22.58, 22.62, 22.164, 26.174, 26.275, 26.310, 27.136, 28.45, 31.114, 31.132, 31.138, 31.152, 31.172, and 31.181. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.
The amendments that TTB proposes in this document, along with certain corresponding policy changes, are designed to reduce the overall burden associated with the information collections noted above. In general, the proposed amendments involve: 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 information; 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 which individuals are required to submit certain background information in connection with an application for permit or registration.
To reduce the amount of information collected in applications for distilled spirits-related permits or registrations, TTB proposes to amend 27 CFR 19.73, 19.75, and 19.192, and to eliminate 27
CFR 19.76, 19.77, and 19.123. Proposed amendments to 19.73a13 and the elimination of 19.77 eliminate
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requirements that an applicant for a DSP
registration intending to operate as a distiller submit a statement of its production procedures and a statement as to whether spirits will be redistilled.
Proposed amendments to current 19.73a14 eliminate requirements that an applicant for a DSP registration intending to operate as a warehouseman submit a narrative description of its storage system and a statement of the total amount of bulk wine gallons that can be stored. Additionally, proposed amendments to current 19.73a15
eliminate requirements that an applicant for a DSP registration intending to operate as a processor submit a narrative description of the storage system for spirits bottled and cased or otherwise packaged and placed in approved containers for removal from the bonded premises. Proposed amendments to 19.73a12 and 19.192, and the elimination of 19.76
and 19.123, 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. The amendments to 19.192 also generalize the required specifications for locks to be used on the DSP premises. The 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. Sections 19.73, 19.75, 19.76, 19.77, 19.123, and 19.192 are currently included in the collection of information assigned OMB control number 15130048. TTB has submitted to OMB a revision of that information collection to account for the reduced burden of the proposed amendments.
Similar to the amendments to 19.75
described in the previous paragraph, TTB proposes amendments 27 CFR
20.42 and 22.42 to remove requirements to provide serial numbers of equipment to be used by applicants for permits as users of denatured alcohol and of taxfree alcohol. Sections 20.42 and 22.42
are currently included in the collection of information assigned OMB control number 15130028. TTB has submitted to OMB a revision of that information collection to account for the reduced burden of the proposed amendments.
To replace required narrative descriptions of applicant premises with more specific information and certifications, TTB proposes amendments to 27 CFR 19.73, 19.74, 19.141, 19.142, 19.143, 19.643, 19.673, 19.675, 19.676, and 19.692. The
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