73050 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Proposed Rules 

1Sections 5041(e) and 5368 of the IRC also 

provide the Secretary the authority to set forth tax 

tolerances for containers of wine products. 

(xi) The safety alert symbol, an 

exclamation mark in a triangle, when 

used with the signal word, must precede 

the signal word. The base of the safety 

alert symbol must be on the same 

horizontal line as the base of the letters 

of the signal word. The height of the 

safety alert symbol must equal or exceed 

the signal word letter height. The 

exclamation mark must be at least half 

the size of the triangle centered 

vertically. 

(2) Requirements for Instructional 

Literature. Instructions shall have the 

same warning labels that must appear 

on the product packaging, with similar 

formatting requirements, but without 

the need to be in color. However, the 

signal word and safety alert symbol 

shall contrast with the background of 

the signal word panel, and the warnings 

shall contrast with the background of 

the instructional literature. 

(e) Incorporation by reference. The 

Director of the Federal Register 

approves the incorporation by reference 

of ANSI Z535.4–23, American National 

Standard for Product Safety Signs and 

Labels (approved December 14, 2023) in 

paragraph (d) of this section in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. This material is available 

for inspection at the U.S. Consumer 

Product Safety Commission and at the 

National Archives and Records 

Administration (NARA). Contact the 

U.S. Consumer Product Safety 

Commission at: the Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, 

telephone (301) 504–7479, email: cpscos@cpsc.gov. For information on the 

availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. A free, read-only 

copy of the standard is available for 

viewing on the ANSI website at https:// 

ibr.ansi.org/Standards/nema.aspx. You 

may also obtain a copy from American 

National Standards Institute (ANSI), 

1899 L Street NW, 11th Floor, 

Washington, DC 20036, www.ansi.org. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2024–19286 Filed 9–6–24; 8:45 am] 

BILLING CODE 6355–01–P 

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. 

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/lawsregulations-and-public-guidance/lawsand-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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP09SE24.020</GPH>

(x) The safety alert symbol A and the signal word "WARNING" shall appear in sans serif 

letters and be at least 1/8" (3.2mm) high and be center or left aligned. The remainder of the text 

shall be in characters whose upper case shall be at least 1/16" (1.6mm) high. 
Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Proposed Rules 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. 

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 

§ 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 § 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 

§ 5.203(a)(2) as ‘‘cans.’’ 

In addition to the metric standards 

specified above, § 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 § 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 § 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 § 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
73052 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Proposed Rules 

2See 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. 

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. 

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 beveragebased 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 


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Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Proposed Rules 73053 

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.’’ 

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

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
73054 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Proposed Rules 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0083] 

Security Zone; Coast Guard Base Los 

Angeles-Long Beach on Terminal 

Island, San Pedro, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of inquiry; request 

for comments; notice of meeting. 

SUMMARY: We are requesting your 

comments on the proposed 

establishment of a security zone for 

navigable waters within a 50-yard 

radius of Base Los Angeles-Long Beach 

on Terminal Island within the main 

channel of Los Angeles Harbor. This 

proposed action would provide for the 

security of Coast Guard personnel, 

vessels, and property. We seek your 

comments on the proposed security 

zone and consideration of the proposed 

radius. We also plan to host a public 

meeting on September 23, 2024. 

DATES: Your comments and related 

material must reach the Coast Guard on 

or before October 4, 2024. 

A public meeting will be held 10 a.m. 

September 23, 2024. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further details. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2024–0083 using the Federal portal at 

https://www.regulations.gov. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

The public meeting held on 

September 23, 2024, will be held 

virtually. Please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section for call-in information. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

inquiry, call or email LCDR Kevin 

Kinsella, Waterways Management 

Division, U.S. Coast Guard; telephone 

310–521–3860, email D11-SMBSectorLALB-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

U.S.C. United States Code 


ddrumheller on DSK120RN23PROD with PROPOSALS1