Federal Register - December 3, 2021
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Source: Federal Register
68586
Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules
13 If the applicant intends to operate as a distiller, a statement of the total proof gallons of spirits that can be produced daily;
14 If the applicant intends to operate as a processor, a statement whether spirits will or will not be bottled, denatured, redistilled, and whether articles will be manufactured; and
12. Section 19.74 is revised to read as follows:
19.74
Description of the plant.
a As required by 19.73a8, the application for registration must include a description of the distilled spirits plant. The description may be in narrative form or diagram form, and must illustrate:
1 The overall dimensions of the buildings housing the distilled spirits plant;
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 distilled spirits plant 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.
b Photographs further illustrating any of the elements required in paragraph a of this section must be submitted upon request of the appropriate TTB officer.
13. Section 19.75 is amended by:
a. Revising the first sentences of paragraphs a and b;
b. Revising paragraph c; and c. Removing the parenthetical authority citation at the end of the section.
The revisions read as follows:
19.75
Major equipment.
a The capacity of each tank in the plant.
b The kind, capacity, and intended use of each still in the plant.
c The number of condensers used in the plant.
19.76
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Removed
14. Section 19.76 is removed.
19.77
Removed
15. Section 19.77 is removed.
16. Section 19.80 is amended by:
a. Adding a sentence before the last sentence; and b. Removing the parenthetical authority citation at the end of the section.
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The addition reads as follows:
19.80
Approved notice of registration.
In a circumstance in which a proprietor of a distilled spirits plant is authorized to continue to operate under either an FAA Act permit or an operating permit under the IRC while a new permit application is pending, such as under 27 CFR 1.44 or 19.127, the proprietors notice of registration will also remain valid until TTB takes final action upon the new application.
17. Section 19.93 is amended by:
a. Removing the citation to 19.92a4 and adding in its place 19.92b4 in the first sentence of paragraph a introductory text;
b. Adding the word ownership before the word interest the first time it appears in paragraph b1;
c. Revising paragraphs b2i and ii;
d. Adding paragraph b3; and e. Removing the parenthetical authority citation at the end of the section.
The revisions and addition read as follows:
19.93
Applicant organization documents.
b
2
i The names and addresses of persons having a 10 percent or more ownership interest in each of the classes or types of ownership interest in the applicant, and the nature and amount of ownership interest of each person.
ii The name of the person in whose name the interest appears. If the limited liability entity is under actual or legal control of another limited liability entity, the appropriate TTB officer may request the same information regarding ownership for the parent limited liability entity.
3 Representative. If any interested person named under paragraphs b1
and 2 of this section is a legal entity other than an individual, the applicant must also provide the name, title, and city and state of residence of a representative individual for the entity.
The representative individual must be the individual designated by the entity to represent the entitys interest in the applicant business or, in the absence of a designated individual, an owner, chief officer or manager, or person with similar authority within the entity.
19.94
Amended
18. Section 19.94 is amended by removing the final sentence in paragraph a and the parenthetical authority citation at the end of the section.
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19. Section 19.96 is amended by:
a. Revising paragraph a; and b. Removing the parenthetical authority citation at the end of the section.
The revision reads as follows:
19.96
Denial of permit.
a The applicant including, in the 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 is, by reason of business experience, financial standing, or trade connections, not likely to maintain operations in compliance with 26 U.S.C. chapter 51, or the regulations in this chapter;
19.112
Amended
20. Section 19.112 is amended by:
a. Removing the phrase 30 days and adding in its place 60 days in the first sentence of the introductory text; and b. Removing the parenthetical authority citation at the end of the section.
19.114
Amended
21. Section 19.114 is amended by:
a. Adding the words an ownership before the word interest in the first sentence of the introductory text;
b. Removing the phrase 30 days each place it appears and adding in its place 60 days; and c. Removing the parenthetical authority citation at the end of the section.
22. Section 19.119 is amended by:
a. Designating the paragraph as paragraph a;
b. Adding paragraph b; and c. Removing the parenthetical authority citation at the end of the section.
The addition reads as follows:
19.119
Change in premises.
b1 If the proprietor intends to make any change to the premises, other than those covered by paragraph a of this section or by 19.142 and 19.143, that would render inaccurate the description submitted with the registration or submitted separately or previously by the proprietor with another reported change, the proprietor must first submit to TTB updated information meeting the requirements of 19.74.
2 The proprietor may make emergency changes to the premises described in paragraph b1 of this section without first submitting updated information. However, the proprietor
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