The idea is to ensure the Alcohol & Tobacco Tax & Trade Bureau collects only information needed to meet ‘s statutory obligations. The agency said its general approach was to identify information being collected that could be eliminated without hindering TTB’s ability to evaluate an applicant’s qualifications and to more narrowly focus the application questions to capture only the information that is needed. In addition, TTB also considered whether there were any requests made in the application process that were so commonly approved that the regulations themselves could be amended to accommodate them without the need to submit the request.
The proposed rulemaking affects only distilled spirits plants, users and dealers of specially denatured alcohol and tax-free alcohol, and Federal Alcohol Administration Act basic permit holders, TTB intends to engage in further rulemaking to address other regulated industries within the context of their respective statutory eligibility requirements.
The proposed amendments include:
- Eliminating various requirements to submit operational information. Specifically, TTB proposes eliminating eight (8) regulatory provisions requiring submission of information including, but not limited to, descriptions of production procedures and storage systems.
- Tailoring requirements to describe the DSP premises more narrowly to specifically correspond with statutory requirements, and consolidating requirements to provide descriptions of alternation operations with the general DSP premises description.
- Replacing requirements to submit narrative descriptions of DSP security with certifications that the applicant’s security measures will comply with enumerated regulatory requirements.
- Eliminating requirements to provide serial numbers of DSP equipment in the application, thereby allowing equipment to be reported in the aggregate where applicable and allowing a DSP application to be submitted prior to physical receipt of the equipment.
In other actions, TTB said it plans to amend its regulations to:
- Extend deadlines for reporting certain changes in the business from 30 days to 60 days.
- Allow regulated businesses to add or remove trade names by submitting a notification to TTB rather than applying for TTB approval.
- Allow regulated businesses to maintain required records at a location other than the permitted premises without first obtaining TTB approval.
Comments due: Feb. 1, 2022. Details, as well as ability to submit comments, are at https://www.ttb.gov/distilled-spirits/notices-of-proposed-rulemaking under Notice No. 207.