Qualifying Advanced Energy Project Credit - Notice 2013-12

Forms and Documents

Document Name	Status
Qualifying Advanced Energy Project Credit.pdf Supplementary Document	2013-03-25
NOT-2013-12_2013SS[2].docx Supporting Statement A	2013-03-25
Notice 2009-72.pdf Supplementary Document	2010-02-19

IC Document Collections

IC ID	Document Title	Status
190191	Qualifying Advanced Energy Project Credit Agreement Other-Model Agreement	Modified

ICR Details

OMB Control No: 1545-2151	ICR Reference No: 201303-1545-005
Status: Historical Active	Previous ICR Reference No: 201002-1545-014
Agency/Subagency: TREAS/IRS	Agency Tracking No: ah-2151-005
Title: Qualifying Advanced Energy Project Credit - Notice 2013-12
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/18/2014
	Date Received in OIRA: 03/28/2013
Terms of Clearance: Model form was added to the set of instruments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2017	36 Months From Approved	04/30/2014
Responses	500	0	1,000
Time Burden (Hours)	55,000	0	110,000
Cost Burden (Dollars)	0	0	0

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Abstract: This notice supersedes Notice 2009-72 and establishes the qualifying advanced energy project program ("advanced energy program") under § 48C(d) of the Internal Revenue Code and announces an initial allocation round of the qualifying advanced energy project credit ("advanced energy credit") to qualifying advanced energy projects under the advanced energy program. A qualifying advanced energy project re-equips, expands, or establishes a manufacturing facility for the production of certain energy related property. A taxpayer must submit, for each qualifying advanced energy project: (1) an application for certification by the DOE ("application for DOE certification"), and (2) an application for certification under § 48C(d)(2) by the Service ("application for § 48C certification"). Both applications may be submitted only during the 2-year period beginning on August 14, 2009. Certification will be issued and credits will be allocated to projects in annual allocation rounds. The initial allocation round was conducted in 2009-10, and if necessary, additional allocation rounds in 2010-11.

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Authorizing Statute(s): PL: Pub.L. 111 - 5 1302 Name of Law: American Recovery and Reinvestment Act of 2009
   US Code: 26 USC 48C (d) Name of Law: Qualified Advanced Energy Project Program
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 64850	10/23/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 19071	03/28/2013
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Qualifying Advanced Energy Project Credit Agreement

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	500	1,000	0	0	-500	0
Annual Time Burden (Hours)	55,000	110,000	0	0	-55,000	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Section 48C, as originally enacted, by the 2009 Tax Act authorized the Service, in consultation with the DOE, to establish a Qualifying Advance Energy Project Program (Program) and to allocate $2.3 billion dollars in tax credit to those participants who had successfully met certain criteria with respect to the expansion, re-equipping or establishment of certain manufacturing facilities. After such credits were allocated, it became apparent that certain participants who had been allocated the credit were not going to be able to complete their projects. Consequently, approximately $150 million of credit, that had been allocated, reverted to the Service for future allocation as required by the statute. As a result, the Service established Phase II of the Program (pursuant to Notice 2013-12) to allocate the residual $150 million. Due to this much smaller credit amount available for allocation, IRS anticipates receiving far fewer respondents. As a result, the estimated burden hours decreased by 55,000 hours.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Yes

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/28/2013

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