Proposed Rule2024-20237
Standards of Fill for Wine and Distilled Spirits
Primary source
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Published
September 9, 2024
Effective
May 25, 2022
Issuing agencies
Treasury DepartmentAlcohol and Tobacco Tax and Trade Bureau
Abstract
The Alcohol and Tobacco Tax and Trade Bureau (TTB) is reopening the comment period for a proposed rule (Notice No. 210) published on May 25, 2022, which proposed changes to the authorized standards of fill for wine and distilled spirits, to solicit comments on additional suggestions raised in public comments made in response to Notice No. 210 that go beyond the scope of the original proposal. In Notice No. 210, TTB proposed to add 10 authorized standards of fill to those already authorized for wine, and alternatively, eliminating all but a minimum standard of fill for wine containers and all but a minimum and maximum for distilled spirits containers. TTB did not propose any specific standards of fill for distilled spirits as an alternative to generally eliminating them. TTB received a number of comments in response to the notice of proposed rulemaking requesting that TTB add specific new standards of fill for distilled spirits, as well as for wine, and also requesting that TTB consider eliminating the distinction between the standards of fill for distilled spirits in cans and those for distilled spirits in containers other than cans. TTB is now reopening the public comment period based on these suggestions, to provide notice to stakeholders that TTB is considering these additional requests for potential inclusion in the final rule and to also provide an opportunity for stakeholders to submit additional information to assist TTB in assessing whether to incorporate some, all, or none of these proposals into the final rule.
Full Text
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<title>Federal Register, Volume 89 Issue 174 (Monday, September 9, 2024)</title>
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[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Proposed Rules]
[Pages 73050-73054]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20237]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Parts 4, 5, 19, 24, 26, and 27
[Docket No. TTB-2022-0004; Notice No. 210A, Ref: Notice No. 210]
RIN 1513-AC86
Standards of Fill for Wine and Distilled Spirits
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
reopening the comment period for a proposed rule (Notice No. 210)
published on May 25, 2022, which proposed changes to the authorized
standards of fill for wine and distilled spirits, to solicit comments
on additional suggestions raised in public comments made in response to
Notice No. 210 that go beyond the scope of the original proposal. In
Notice No. 210, TTB proposed to add 10 authorized standards of fill to
those already authorized for wine, and alternatively, eliminating all
but a minimum standard of fill for wine containers and all but a
minimum and maximum for distilled spirits containers. TTB did not
propose any specific standards of fill for distilled spirits as an
alternative to generally eliminating them. TTB received a number of
comments in response to the notice of proposed rulemaking requesting
that TTB add specific new standards of fill for distilled spirits, as
well as for wine, and also requesting that TTB consider eliminating the
distinction between the standards of fill for distilled spirits in cans
and those for distilled spirits in containers other than cans. TTB is
now reopening the public comment period based on these suggestions, to
provide notice to stakeholders that TTB is considering these additional
requests for potential inclusion in the final rule and to also provide
an opportunity for stakeholders to submit additional information to
assist TTB in assessing whether to incorporate some, all, or none of
these proposals into the final rule.
DATES: The comment period for the proposed rule published on May 25,
2022 (87 FR 31787), is reopened. TTB must receive your comments on or
before October 9, 2024.
ADDRESSES: You may electronically submit comments to TTB on this
document, and view copies of this document, the original notice of
proposed rulemaking, supporting materials, and any comments TTB
receives on it within Docket No. TTB-2022-0004 as posted at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. A direct link to that docket is available on the
TTB website at <a href="https://www.ttb.gov/laws-regulations-and-public-guidance/laws-and-regulations/all-rulemaking">https://www.ttb.gov/laws-regulations-and-public-guidance/laws-and-regulations/all-rulemaking</a> under Notice No. 210A.
Alternatively, you may submit comments via postal mail to the Director,
Regulations and Ruling Division, Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW, Box 12, Washington, DC 20005. Please see the
Public Participation section of this document for further information
on the comments requested regarding this proposal and on the
submission, confidentiality, and public disclosure of comments.
FOR FURTHER INFORMATION CONTACT: Caroline Hermann, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
I. Background
A. Authority
The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers
regulations setting forth standards of fill for containers of beverage
distilled spirits and wine products distributed within the United
States.
The authority to establish these standards is based on two
provisions of law: (1) Section 5301(a) of the Internal Revenue Code of
1986 (IRC), codified at 26 U.S.C. 5301(a) in the case of distilled
spirits,\1\ and (2) section 105(e) of the Federal Alcohol
Administration Act (FAA Act), codified at 27 U.S.C. 205(e), for both
distilled spirits and wine.
[[Page 73051]]
Section 5301(a) of the IRC authorizes the Secretary of the Treasury to
prescribe regulations ``to regulate the kind, size, branding, marking,
sale, resale, possession, use, and reuse of containers (of a capacity
of not more than 5 wine gallons) designed or intended for use for the
sale of distilled spirits . . .'' when the Secretary determines that
such action is necessary to protect the revenue. The FAA Act at 27
U.S.C. 205(e) authorizes the Secretary of the Treasury to prescribe
regulations relating to the ``packaging, marking, branding, and
labeling and size and fill'' of alcohol beverage containers ``as will
prohibit deception of the consumer with respect to such products or the
quantity thereof . . . .'' The FAA Act at 27 U.S.C. 206 generally
prohibits the sale to consumers of distilled spirits in containers over
one wine gallon.
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\1\ Sections 5041(e) and 5368 of the IRC also provide the
Secretary the authority to set forth tax tolerances for containers
of wine products.
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TTB administers the IRC and FAA Act pursuant to section 1111(d) of
the Homeland Security Act of 2002, as codified at 6 U.S.C. 531(d). In
addition, the Secretary of the Treasury has delegated certain
administrative and enforcement authorities to TTB through Treasury
Department Order 120-01.
B. Current Standards of Fill for Distilled Spirits
The term ``standard of fill'' is used in the TTB regulations and in
this document to refer to the authorized amount of liquid in the
container, rather than the size or capacity of the container itself.
For better readability, however, this document sometimes uses the terms
``size'' or ``container size'' and ``standard of fill''
interchangeably. The standards of fill for distilled spirits are
contained in subpart K of part 5 of the TTB regulations (27 CFR part
5).
Within subpart K, paragraph (a)(1) of Sec. 5.203 (27 CFR
5.203(a)(1)) specifies the following metric standards of fill for
containers other than those described in paragraph (a)(2) of that
section:
<bullet> 1.8 Liters.
<bullet> 1.75 Liters.
<bullet> 1 Liter.
<bullet> 900 mL.
<bullet> 750 mL.
<bullet> 720 mL.
<bullet> 700 mL.
<bullet> 375 mL.
<bullet> 200 mL.
<bullet> 100 mL.
<bullet> 50 mL.
In the case of distilled spirits in metal containers that have the
general shape and design of a can, that have a closure which is an
integral part of the container, and that cannot be readily reclosed
after opening, paragraph (a)(2) of Sec. 5.203 authorizes the use of
the following metric standards of fill:
<bullet> 355 mL.
<bullet> 200 mL.
<bullet> 100 mL.
<bullet> 50 mL.
For better readability this document will refer to the containers
referenced in 27 CFR 5.203(a)(1) as ``containers other than cans'' and
those referenced in Sec. 5.203(a)(2) as ``cans.''
In addition to the metric standards specified above, Sec. 5.203
contains provisions regarding tolerances (discrepancies between actual
and stated fill), unreasonable shortages in fill, and distilled spirits
bottled or imported before January 1, 1980, and marketed or released
from customs custody on or after that date (the date on which the U.S.
volumetric standards were replaced by the Sec. 5.203 metric
standards).
C. Current Standards of Fill for Wine
The standards of fill for wine are contained in subpart H of part 4
of the TTB regulations (27 CFR part 4). Within subpart H, paragraph (a)
of Sec. 4.72 (27 CFR 4.72(a)) authorizes the use of the following
metric standards of fill for containers, in addition to those described
in paragraph (b) which are discussed further below:
<bullet> 3 liters;
<bullet> 1.5 liters;
<bullet> 1 liter;
<bullet> 750 milliliters;
<bullet> 500 milliliters;
<bullet> 375 milliliters;
<bullet> 355 milliliters;
<bullet> 250 milliliters;
<bullet> 200 milliliters;
<bullet> 187 milliliters;
<bullet> 100 milliliters; and
<bullet> 50 milliliters.
Paragraph (b) of Sec. 4.72 states that wine may be bottled or
packed in containers of 4 liters or larger if the containers are filled
and labeled in quantities of even liters (4 liters, 5 liters, 6 liters,
etc.).
II. Notice No. 210
On May 25, 2022, TTB published a notice of proposed rulemaking,
Notice No. 210, in the Federal Register (87 FR 31787) proposing to add
10 authorized standards of fill for wine and, as an alternative, to
eliminate all but a minimum standard of fill for wine containers and
all but a minimum and maximum for distilled spirits containers. The 10
standards of fill proposed for wine are: 2.25 and 1.8 liters; and 720,
700, 620, 550, 360, 330, 300, and 180 milliliters.
The proposed rule followed, and took into consideration, a
Department of the Treasury report on competition in the markets for
beer, wine, and distilled spirits that recommended rulemaking to
``again consider eliminating the standards of fill requirements.'' See
Treasury Report on Competition in the Markets for Beer, Wine, and
Spirits (February 9, 2022), available at <a href="https://home.treasury.gov/system/files/136/Competition-Report.pdf">https://home.treasury.gov/system/files/136/Competition-Report.pdf</a>. That report, produced in
response to Executive Order 14036, ``Promoting Competition in the
American Economy'' (published in the Federal Register on July 9, 2021,
at 86 FR 36987), noted that ``[c]ontainer size requirements can be a
barrier to innovation and competition, insofar as producers must
conform their packaging to the Treasury-mandated sizes.'' Further, TTB
had received questions regarding standards of fill from industry
members noting difficulty in sourcing compliant containers during
certain periods.
In response to Notice No. 210, TTB received 76 comments. Commenters
included national trade associations, the European Union (EU),
congressional representatives, individuals, and alcohol beverage
companies. Most of the comments addressed the proposals, providing
support for or opposition to them. However, many commenters requested
that TTB consider adding certain additional authorized standards of
fill for distilled spirits and wine that were not included in Notice
No. 210, as either a preferred alternative to generally eliminating the
standards of fill or, even if their preference was to eliminate the
standards of fill, as an option for consideration in the event that the
standards of fill were not eliminated. Several commenters also
suggested TTB eliminate the distinction between standards of fill that
apply to distilled spirits in cans and those that apply to distilled
spirits in containers other than cans, which was also not proposed in
Notice No. 210.
III. Additional Proposals
TTB is still considering the proposed amendments contained in
Notice No. 210 and all comments it received in response. However,
because of the comments that TTB received that requested amendments
beyond the scope of the original proposal and, recognizing that the
requested amendments should be considered in the context of those
already proposed, TTB is now requesting comments on whether to
authorize additional standards of fill for distilled spirits and for
wine and to eliminate the distinction between the standards of fill
authorized for distilled spirits in cans and those for distilled
spirits in containers other than
[[Page 73052]]
cans. TTB has grouped together and summarized the comments below. The
grouping is merely for readability, and TTB may incorporate some, all,
or none of the proposed sizes into the final rule, regardless of the
groupings.
A. Additional Authorized Standards of Fill for Distilled Spirits
TTB received 17 comments requesting the approval of additional
authorized standards of fill for distilled spirits, either as an
alternative to TTB generally eliminating all standards of fill for
distilled spirits or in the event that TTB did not eliminate standards
of fill for distilled spirits.
Commenters requested that TTB authorize the following: For both
cans and containers other than cans 3.75, 3, 2, and 1.5 liters and 500,
350, 250, and 187 milliliters; for cans, 945, 710, 700, 570, 475, and
331 milliliters; and for containers other than cans, 355 milliliters.
Some commenters requested approval of additional standards of fill
above 3.785 liters, and TTB is not raising those requests for
additional comment, as such standards would exceed sizes allowed by
law. As noted above, the FAA Act at 27 U.S.C. 206 generally prohibits
the sale to consumers of distilled spirits in containers over one wine
gallon. One commenter also requested approval of a size below 50
milliliters, which we are also not specifically raising for additional
comment at this time. The agency has previously opined that a minimum
size of 50 milliliters is needed to ensure sufficient space on the
container for required labeling,\2\ and TTB explained in the Spring
2024 Unified Agenda of Federal Regulatory and Deregulatory Actions that
it intends to continue its rulemaking work to obtain comment on
additional required labeling on alcohol beverages, for disclosures of
major food allergens, nutritional and alcohol content, and ingredients.
TTB believes any further consideration of new minimum sizes should
occur after the conclusion of rulemaking that may affect the amount or
type of required information that must appear on labels.
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\2\ See T.D. TTB-165, Addition of New Standards of Fill for Wine
and Distilled Spirits; Amendment of Distilled Spirits and Malt
Beverage Net Contents Labeling Regulations, published on December
29, 2020, at 85 FR 85514.
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1. Both Cans and Containers Other Than Cans--3.75, 3, 2, and 1.5 Liters
and 500, 350, 250, and 187 Milliliters
<bullet> 3.75 and 3 Liters
TTB received two comments, from the Distilled Spirits Council of
the United States (DISCUS) and Milestone Brands, requesting
authorization of a size ``such as a 3 L or 3.75 L standard or the
maximum size prescribed by law'' saying that it would enable producers
to provide kegged cocktails and other consumer-desired formats to
showcase their products and meet consumer demand.
<bullet> 2 Liters
TTB received one comment, from the EU, suggesting that a size of 2
liters should be added, along with other authorized sizes (listed
separately) that reflect the EU standards for spirit drinks.
<bullet> 1.5 Liters
TTB received two comments, from the EU and DISCUS, requesting
authorization of a 1.5-liter size. DISCUS stated it would allow
industry members to further streamline and harmonize sizes for certain
products across different global markets and increase operational
efficiencies, such as waste reduction from producing multiple SKU sizes
for different markets. The EU suggested adding a size of 1.5 liters to
align with EU standards which also provide for that size.
<bullet> 500 Milliliters
Six commenters requested that TTB authorize a 500-milliliter
standard of fill. DISCUS and Milestone Brands noted that this size
would fill a ``large gap ``between the 375 and 700 milliliter
authorized sizes, and Milestone Brands stated that its approval would
provide size parity with wine and malt beverage-based ready-to-drink
(RTD) products. DISCUS added that the 500-milliliter size would allow
industry members to further streamline and harmonize sizes for certain
products and increase operational efficiencies, such as waste reduction
from producing multiple SKU sizes for different markets. One commenter,
Soley Beverage, noted in support of authorizing a 500-milliliter
standard of fill for distilled spirits that the wine standards of fill
provide an authorized size of 500 milliliters. The EU also noted in
support of this size that the EU standards for spirit drinks include
the 500-milliliter size.
<bullet> 350 Milliliters
Two commenters, the EU and DISCUS, suggested that TTB consider
authorizing a 350-milliliter standard of fill. DISCUS suggested that
TTB consider common sizes in markets around the world, such as 350
milliliters, to allow industry members to streamline and harmonize
sizes for certain products and increase operational efficiencies, such
as waste reduction from producing multiple SKU sizes for different
markets. The EU suggested that the 350-milliliter size should be added,
noting that it is authorized as an EU standard for spirit drinks.
<bullet> 250 and 187 Milliliters
TTB received comments--from the Glass Packaging Institute, O-I
Glass, The Can Van, and an individual--requesting that TTB authorize a
standard of fill of 250 milliliters for distilled spirits, the latter
two referencing 250-milliliter cans. The commenters stated that the
250-milliliter can is one of the more popular can sizes for RTD spirit
beverages, and not having it authorized limits experimentation with new
brands. The Glass Packaging Institute and O-I Glass also supported
authorizing a 187-milliliter size for containers other than cans.
According to the commenters, the shift to smaller packaging formats
continues to grow, so authorizing the 187-milliliter size and the 250-
milliliter size would provide additional options for distillers and
consumers within the market for smaller packaging sizes, reflect
packaging options available to other beverage categories, and increase
competition.
2. Cans--945, 710, 700, 570, 475, and 331 Milliliters
<bullet> 945, 710, 475, and 331 Milliliters
DISCUS requested that TTB authorize sizes equivalent to 945, 710,
475, and 331 milliliters (equivalent to 32, 24, 16, and 11.2 ounces
respectively) for cans, saying that large and small producers of RTD
distilled spirits products, many of which are sold in cans, could
benefit from greater competitive market access in this space by being
able to provide their products in these sizes that consumers want and
that are allowed for other products.
<bullet> 700 Milliliters
TTB received one comment, from Suave Spirits Inc., requesting
authorization of a 700-milliliter size for distilled spirits, saying it
would help industry members establish uniformity in packaging sizes
with European and worldwide customers that demand 700-milliliter sizes,
and further reduce the number of SKUs to manage. Because 700
milliliters is already authorized for distilled spirits containers
other than cans, we are considering this comment as a request for
approval of that standard of fill for cans.
<bullet> 570 and 475 Milliliters
TTB received one comment, from WISEACRE Brewing Co. (Wiseacre),
requesting that TTB authorize 570 and 475 milliliters (19.2 and 16
ounces
[[Page 73053]]
respectively) for distilled spirits in cans. Wiseacre stated that the
consumption of RTD spirits cocktails is growing, and most of the growth
in the industry for RTD spirits cocktails is with 16-ounce and
sometimes 19.2-ounce cans. The commenter suggested that most canning
lines use a 12 ounce can diameter, and the 19.2-ounce size is the
largest volume a can is safely able to hold using the 12 ounce can
diameter.
Wiseacre also stated that ``the rules only allow use of 12 oz and
24 oz cans.'' TTB notes that the regulations at 27 CFR 5.203 do not
currently authorize 24-ounce cans as a distilled spirits standard of
fill; however, they do authorize 355-milliliter cans, which is
equivalent to 12 ounces.
3. Containers Other Than Cans--355 Milliliters
Four commenters urged TTB to approve the 355-milliliter size for
glass bottles (which would require TTB to amend the standards of fill
for containers other than cans). These commenters were Representative
Glenn ``GT'' Thompson, Representative Austin Scott, the Glass Packaging
Institute, and O-I Glass. The commenters generally noted that the 355-
milliliter size is currently approved for distilled spirits, but only
for cans. Commenters expressed their views that this limitation
restricts competition and customer choice in a growing market. One
commenter stated that, given the ongoing shortage of 355-milliliter
cans, having a 355-milliliter size for glass bottles would provide
greater packaging flexibility to allow companies to react to supply
issues while it would also support innovative packaging (including for
environmental purposes). They further urged that other beverage
categories have introduced new package formats and sizes, particularly
in the non-alcoholic beverage market, and the shift to smaller
packaging formats continues to grow. Two commenters expressed concern
that glass bottle manufacturers are being harmed by their inability to
use a 355-milliliter size, as they are unable to compete on a level
playing field with other container manufacturers.
B. Harmonization of Authorized Standards of Fill Across Distilled
Spirit Container Types
Three commenters representing glass manufacturers (Representative
Austin Scott, Representative Glen ``GT'' Thompson, and O-I Glass)
stated that removing the distinction between cans and other containers
would result in greater competition, consumer choice, and a consistency
of regulation, without adding to consumer confusion.
The distinction between distilled spirits in cans and distilled
spirits in containers other than cans resulted from rulemaking in the
early 1990s. On September 27, 1991, TTB's predecessor, the Bureau of
Alcohol, Tobacco, and Firearms (ATF), proposed differentiating between
cans and containers other than cans in ATF Notice No. 725 published in
the Federal Register at 56 FR 49152). There, ATF explained its view at
that time that approving both 375 and 355 milliliter containers for
distilled spirits would be misleading for consumers because of how
close together the sizes were. However, ATF also recognized that
because 355 milliliters was not an approved size, it prevented
utilization of one of the most common can sizes. ATF proposed to create
mutually exclusive categories of distilled spirits containers, cans and
containers other than cans, with separate standards of fill authorized
for each, ``. . .based on the belief that cans are sufficiently
distinct from other types of [distilled spirits containers], in both
shape and design, so that a different standard of fill would not be
confusing to the consumer.'' This proposal was adopted in the final
rule published in the Federal Register on July 14, 1992, at 57 FR
31126.
TTB is soliciting comments on whether it should maintain a
distinction between cans and containers other than cans. In particular,
TTB is interested in comments on whether the distinction serves a
purpose consistent with the conclusions drawn in the 1991 rulemaking,
that is, that, in some instances, the size in combination with the type
of container (can versus containers other than can) serves the purpose
of preventing consumer deception, and the distinction is needed to
prevent consumer deception regarding the product or quantity of the
product in the container, consistent with TTB's mandate under the FAA
Act described above in the Authority section.
C. Additional Authorized Standards of Fill for Wine
TTB received several comments requesting the approval of six
standards of fill for wine that were not proposed in Notice No. 210,
including 600, 545.5, and 473 milliliter sizes. These standards of fill
are discussed below.\3\
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\3\ If any of these sizes are added, conforming edits would be
made to the tax tolerances in 27 CFR 24.255(b) in line with the
proposals made for other the wine sizes in Notice No. 210, as
follows: 2 percent for 600 milliliters, 2 percent for 545.5
milliliters; and 2.5 percent for 473 milliliters. For greater
readability, TTB proposed in Notice No. 210 to provide the tax
tolerances in ranges of sizes as opposed to discrete sizes, so these
would appear in the regulations within those ranges, for example, 2
percent for 600 milliliters would appear within the range proposed
in Notice No. 210 as ``2.0 percent for 750 mL to 550 mL.''
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One commenter also asked for the approval of wine in 1/6-barrel,
50-liters, and 1/2-barrel sizes. Regarding these sizes, TTB notes that
the TTB regulations do not define a specific volume for a ``barrel'' of
wine and that wine containers exceeding 18 liters need not conform to
the standards of fill. See 27 CFR 4.70(b)(2). Moreover, the regulations
at 27 CFR 4.72(b) provide that wine may be packaged in containers of 4
liters or more if the containers are filled in quantities of even (or
whole) liters (for example 4, 5, or 6 liters).
<bullet> 600 Milliliters
TTB received a comment from an individual winemaker noting that
some wines produced in foreign countries are required to be exported in
600 [milliliter] containers and that ``. . .consumers are missing out
on exploring [these] wines. . .''
<bullet> 545 and 473 Milliliters
The American Cider Association (ACA) requested approval of 545 and
473 milliliter sizes (equivalent to 19.2 and 16 ounces respectively),
noting that both are already commonly used for similar products that
are not required to conform to TTB standards of fill. These include
ciders under 7 percent alcohol by volume and apple-flavored malt
beverages sold in cans. The ACA also noted that these additional sizes
would increase packaging options for industry members faced with
container sourcing challenges. The ACA also points to aspects of cider
making that lead to levels of alcohol by volume very near to thresholds
for determining compliance with the standards of fill (that is, very
near the threshold of 7 percent alcohol by volume). That complication
can affect planned packaging as a producer may not know whether their
product will be under the 7 percent alcohol by volume threshold until
it is ready to be bottled.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on the
additional distilled spirits and wine standards of fill and the removal
of the distinction between standards of fill for distilled spirits in
cans and those in containers other than cans, as submitted through
comments on Notice No. 210 and described in this document. TTB also
[[Page 73054]]
welcomes comments on any other aspect of the proposals under
consideration, including all amendments proposed in Notice No. 210. TTB
would be particularly interested in any comments from consumers or
others providing evidence of relevant consumer understanding in order
to consider the extent of potential consumer deception with respect to
distilled spirits and wine products and the quantities of the products,
as contemplated by the statutory bases for the standards of fill.
Please provide any specific information in support of your comments.
Please note that those who previously submitted comments to Notice
No. 210 do not need to resubmit those comments for consideration. TTB
is still considering all comments received in response to Notice No.
210, not only those summarized in this document, and will address all
comments in any subsequent final rule.
Submitting Comments
You may submit comments on this proposal as an individual or on
behalf of a business or other organization via the <a href="http://Regulations.gov">Regulations.gov</a>
website or via postal mail, as described in the ADDRESSES section of
this document. Your comment must reference Notice No. 210A 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 a notice of the date, time, and place for the hearing in
the Federal Register.
Confidentiality and Disclosure of Comments
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, the
original notice of proposed rulemaking, supporting materials, and any
comments TTB receives about this proposal within the related
<a href="http://Regulations.gov">Regulations.gov</a> docket, TTB-2022-0004. 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 TTB's Regulations and Rulings Division by email
using the web form available at <a href="https://www.ttb.gov/contact-rrd">https://www.ttb.gov/contact-rrd</a>, or by
telephone at 202-453-2265, if you have any questions regarding how to
comment on this proposal or to request copies of this document, its
supporting materials, or the comments received in response.
Regulatory Analysis and Notices
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. If adopted, the amendments would provide bottlers and
importers of wine and distilled spirits with additional flexibility to
use new bottle sizes if they so choose. The proposed regulation would
impose no new reporting, recordkeeping, or other administrative
requirement. Therefore, no regulatory flexibility analysis is required.
Paperwork Reduction Act
The collection of information in this proposed rule has been
previously approved by the Office of Management and Budget (OMB) under
the title ``Labeling and Advertising Requirements Under the Federal
Alcohol Administration Act,'' and assigned control number 1513-0087.
This proposed regulation would not result in a substantive or material
change in the previously approved collection action, since the nature
of the mandatory information that must appear on labels affixed to the
container remains unchanged.
Executive Order 12866
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866. Therefore, it requires no regulatory
assessment.
Signed: August 29, 2024.
Mary G. Ryan,
Administrator.
Approved: September 3, 2024.
Aviva R. Aron-Dine,
Acting Assistant Secretary (Tax Policy).
[FR Doc. 2024-20237 Filed 9-6-24; 8:45 am]
BILLING CODE 4810-31-P
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