Standards of Fill for Wine and Distilled Spirits, 73050-73054 [2024-20237]

Agencies

• Alcohol and Tobacco Tax and Trade Bureau
• DEPARTMENT OF THE TREASURY

[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 [www.gpo.gov]
[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 https://www.regulations.gov. A direct link to that docket is available on the 
TTB website at https://www.ttb.gov/laws-regulations-and-public-guidance/laws-and-regulations/all-rulemaking 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:

 1.8 Liters.
 1.75 Liters.
 1 Liter.
 900 mL.
 750 mL.
 720 mL.
 700 mL.
 375 mL.
 200 mL.
 100 mL.
 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:
 355 mL.
 200 mL.
 100 mL.
 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:

 3 liters;
 1.5 liters;
 1 liter;
 750 milliliters;
 500 milliliters;
 375 milliliters;
 355 milliliters;
 250 milliliters;
 200 milliliters;
 187 milliliters;
 100 milliliters; and
 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 https://home.treasury.gov/system/files/136/Competition-Report.pdf. 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

 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.

 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.

 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.

 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.

 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.

 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

 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.

 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.

 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).

 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. . .''

 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 Regulations.gov 
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 
Regulations.gov 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 https://www.ttb.gov/contact-rrd, 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