Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 31787 

last three digits of this document in the 

docket number field. 

33. User assistance is available for 

eLibrary and the Commission’s website 

during normal business hours from the 

Commission’s Online Support at (202) 

502–6652 (toll free at 1–866–208–3676) 

or email at ferconlinesupport@ferc.gov, 

or the Public Reference Room at (202) 

502–8371, TTY (202) 502–8659. Email 

the Public Reference Room at 

public.referenceroom@ferc.gov. 

By direction of the Commission. 

Issued: May 19, 2022. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2022–11243 Filed 5–24–22; 8:45 am] 

BILLING CODE 6717–01–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. 

210] 

RIN 1513–AC86 

Standards of Fill for Wine and Distilled 

Spirits 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In this document, the Alcohol 

and Tobacco Tax and Trade Bureau 

(TTB) proposes to amend the 

regulations governing wine and distilled 

spirits containers. TTB is proposing to 

add 10 additional authorized standards 

of fill for wine, along with related 

technical and other harmonizing 

changes. TTB also is considering, as an 

alternative, eliminating all but a 

minimum standard of fill for wine 

containers and all but a minimum and 

maximum for distilled spirits 

containers, thus potentially eliminating 

unnecessary regulatory requirements, 

reducing barriers to competition, and 

providing consumers broader 

purchasing options. 

DATES: Comments must be received on 

or before July 25, 2022. 

ADDRESSES: You may electronically 

submit comments to TTB on this 

proposal, and view copies of this 

document, its 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-and-regulations/all-rulemaking 

under Notice No. 210. 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, Alcohol and 

Tobacco Tax and Trade Bureau, 

Regulations and Rulings Division; 

telephone 202–453–1039, ext. 256. 

SUPPLEMENTARY INFORMATION: 

Background 

TTB 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, 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. 

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. Section 105(e) of 

the FAA Act 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 . . . .’’ 

TTB administers regulations setting 

forth the tax tolerance for containers of 

wine products based on sections 5041(e) 

and 5368 of the IRC. 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. 

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). 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 

‘‘standards of fill’’ interchangeably. 

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.). 

Current Standards of Fill for Distilled 

Spirits 

The standards of fill for distilled 

spirits are contained in subpart K of part 

5 of the TTB regulations (27 CFR part 

5). Note that these standards of fill were 

contained in subpart E of part 5 until 

March 11, 2022, when the 

reorganization of part 5 went into effect 

pursuant to TTB’s recent final rule, 

Modernization of the Labeling and 

Advertising Regulations for Distilled 

Spirits and Malt Beverages (T.D. TTB– 

176, February 9, 2022, 87 FR 7526). 

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 


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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. 

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). 

Notice Nos. 182 and 183 

On July 1, 2019, TTB published in the 

Federal Register Notice No. 182, 

Elimination of Certain Standards of Fill 

for Wine, and Notice No. 183, 

Elimination of Certain Standards of Fill 

for Distilled Spirits; Amendment of Malt 

Beverage Net Content Labeling 

Regulation (84 FR 31257 and 84 FR 

31264). The two documents proposed to 

eliminate most standards of fill for wine 

and distilled spirits. Both documents 

proposed to maintain a minimum 

standard of fill of 50 milliliters to ensure 

sufficient space on the container for 

required labeling. Notice No. 183 also 

proposed a maximum standard of fill of 

3.785 liters (one gallon) for distilled 

spirits, which corresponds to the FAA 

Act definition of a bulk container for 

distilled spirits, codified at 27 U.S.C. 

206(c). In addition, the documents also 

sought comments on the relative merits 

of alternatives, such as adding new 

authorized standards of fill. 

Notice No. 182 described a number of 

petitions and inquiries that TTB had 

received over the course of several years 

requesting the approval of new 

standards of fill for wine. TTB requested 

comments on adding the requested 

sizes. TTB addressed the comments it 

had received and added certain of the 

proposed standards of fill to the TTB 

regulations through publication of a 

final rule, T.D. TTB–165, on December 

29, 2020 (85 FR 85514). 

In the final rule, TTB also described 

an agreement between the United States 

and Japan that included a commitment 

for the United States to engage in 

rulemaking on certain standards of fill, 

described more fully below. TTB stated 

in the final rule that TTB would 

conduct additional rulemaking to 

propose the addition of new standards 

of fill for wine, including the 180, 300, 

360, 550, and 720 milliliters and 1.8 

liters sizes. Japanese government 

entities and Japanese industry 

associations requested the addition of 

those sizes during the comment period 

for Notice No. 182, and they were 

included in a Side Letter signed as part 

of the U.S.-Japan Trade Agreement. 

Given that TTB is requesting 

comment on additional wine sizes 

pursuant to a Side Letter to the U.S.- 

Japan Trade Agreement, this document 

provides a new opportunity for 

commenters to provide information on 

three wine standards of fill that TTB 

proposed in Notice No. 182, but did not 

incorporate into the regulations in the 

final rule. TTB received only two, one, 

and zero comments on the 620 

milliliters, 700 milliliters, and 2.25 

liters sizes, respectively. TTB found that 

these comments did not provide 

sufficient information to make a 

determination on these sizes, and 

therefore TTB did not incorporate these 

sizes into the regulations at that time. 

TTB summarizes the petition and 

inquiries for those sizes below. 

620 Milliliters 

TTB has received several inquiries 

over the years regarding the importation 

of the French product known as ‘‘vin 

jaune’’ (‘‘yellow wine’’ in English). Vin 

jaune is made in the Jura region of 

France, using a technique similar to that 

used for making sherry. In accordance 

with French and European Union 

regulations, it must be sold in a 620- 

milliliter bottle. Since 620 milliliters is 

not an authorized size in § 4.72, vin 

jaune cannot be imported into the 

United States in a container with a 620 

milliliter standard of fill. The two 

commenters to Notice No. 182 who 

specifically addressed this size stated 

generally that the 620 milliliters size is 

available internationally and its 

approval would facilitate trade. After 

the completion of Notice No. 182, a 

number of U.S. importers submitted 

petitions for the 620 milliliters size to 

TTB. The petitions state that vin jaune 

is historically and currently bottled in 

the 620 milliliters size and request the 

change so that U.S. importers can 

legally import the wine in the 

traditional 620 milliliter size. 

700 Milliliters 

TTB has received inquiries from 

foreign governments regarding the 700 

milliliter size for wine. Among them 

was a 2007 request from the 

Government of Moldova asking that 

TTB waive the standards of fill 

requirements for importations of 

Moldovan wine. At the time, Moldova 

reported that it had over a million 

bottles of aged wine in its National 

Treasury of Wine that could not be sold 

in the United States due to the U.S. 

bottle size limitations. Also in 2007, the 

Government of Georgia requested that 

TTB add the 700-milliliter bottle to the 

authorized standards of fill. It stated 

that the 700-milliliter bottle was a 

standard size in the former Soviet 

Union, and the addition of the 700- 

milliliter standard of fill in the TTB 

regulations would eliminate a 

restriction on the sale of Georgian wines 

in the United States. A commenter to 

Notice No. 182 recommended approval 

of the 700 milliliters size because it is 

consistent with containers available 

internationally. 

2.25 Liters 

TTB received a petition from an 

importer of boxed wine requesting that 

the agency authorize a standard of fill of 

2.25 liters for wine containers. The 

importer stated that such a container 

would significantly reduce the 

environmental impact of wine 

packaging because it holds as much as 

three 750-milliliter wine bottles at half 

the weight of such bottles. TTB received 

no comments on Notice No. 182 

specifically addressing the 2.25 liters 

size. 

New Petition for 330 Milliliters 

After the publication of T.D. TTB– 

165, TTB received a petition from a 

South African wine exporter requesting 

the approval of 330 milliliters as a 

standard of fill for wine. The petitioner 

stated that 330 milliliters is the standard 

can size for beer and soda products in 

South Africa and in most European 

countries, unlike in the U.S. where the 

standard size is 355 milliliters. The 

petitioner states they would like to 

export to the United States but cannot 

procure cans in the 355 milliliters size 

in South Africa. 

U.S.-Japan Trade Agreement 

On October 7, 2019, the United States 

and Japan reached an agreement (the 

Agreement) on market access for certain 

agriculture and industrial goods. On 

December 30, 2019, the U.S. published 

a document in the Federal Register (84 

FR 72187) to implement the Agreement, 

effective January 1, 2020. As part of the 

Agreement, the United States 

Government reached a Side Letter 

agreement with Japan dated October 7, 

2019, which addresses issues related to 

alcohol beverages, including standards 

of fill (‘‘Side Letter’’). See https://

ustr.gov/sites/default/files/files/ 

agreements/japan/Letter_Exchange_on_

Alcoholic_Beverages.pdf. The Side 


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Letter states that the U.S. Department of 

the Treasury will take final action on 

Notice Nos. 182 and 183. If the final 

action does not address certain sizes— 

180, 300, 360, 550, and 720 milliliters 

and 1.8 liters for wine, and 700, 720, 

and 900 milliliters and 1.8 liters for 

distilled spirits—then the U.S. 

Department of the Treasury shall 

undertake new rulemaking proposing 

those sizes, and take final action in 

respect to that rulemaking. The Side 

Letter took effect with the U.S.–Japan 

Trade Agreement, which entered into 

force on January 1, 2020. 

The distilled spirits sizes listed in the 

Side Letter were all referenced in Notice 

No. 183, and TTB described in that 

document the petitions from three 

Japanese trade associations and a 

Japanese government agency for those 

sizes. The same entities submitted 

comments that supported the 

elimination of standards of fill 

generally, but further stated that if the 

standards are not eliminated they 

support the approval of their petitionedfor sizes. The wine sizes listed in the 

Side Letter were not referenced in 

Notice No. 182, as TTB had not 

previously received petitions for those 

sizes. TTB did receive comments from 

a Japanese trade association and a 

Japanese government agency proposing 

the approval of those sizes. The two 

comments supported the elimination of 

the standards of fill, but requested the 

approval of the 180, 300, 360, 550, and 

720 milliliters and 1.8 liters sizes for 

wine if the standards of fill for wine 

were not eliminated. The two 

commenters did not provide any 

reasons that TTB should approve these 

specific sizes, though the Japanese 

government agency generally referenced 

its ‘‘proactive efforts for the sound 

development’’ of Japan’s liquor 

industry. 

Because the requested wine sizes— 

180, 300, 360, 550, and 720 milliliters, 

and 1.8 liters—were not referenced in 

Notice No. 182, TTB is proposing the 

addition of those sizes to § 4.72 in this 

notification to ensure that the public is 

given ample opportunity to provide 

comment on the sizes. 

Competition Report 

On February 9, 2022, the Department 

of the Treasury released a report, 

‘‘Competition in the Markets for Beer, 

Wine, and 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/CompetitionReport.pdf. That report, produced in 

response to Executive Order 14036, 

‘‘Promoting Competition in the 

American Economy’’ (published July 9, 

2022, 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.’’ TTB has received questions 

regarding standards of fill from industry 

members struggling to source compliant 

containers in the current market. 

TTB Proposals 

Proposed Standards of Fill 

(Alternative 1) 

For the reasons described above, TTB 

is proposing to add the six standards of 

fill for wine listed in the Side Letter 

discussed above—180, 300, 360, 550, 

and 720 milliliters, and 1.8 liters—to 

§ 4.72 as authorized standards of fill for 

wine. TTB is also proposing to add the 

330, 620, and 700 milliliters and 2.25 

liters sizes to § 4.72 as authorized 

standards of fill for wine. TTB is 

specifically interested in comments that 

address whether the proposed sizes 

would result in consumer confusion 

regarding the quantity of wine in the 

container. 

Eliminating the Standards of Fill 

(Alternative 2) 

TTB also seeks comment on an 

alternative of eliminating the existing 

standards of fill for wine and distilled 

spirits, except to maintain in the 

regulations a minimum standard of 50 

milliliters for both wine and distilled 

spirits and a maximum standard of fill 

of 3.785 liters for distilled spirits. 

Conforming edits would also be 

required in 27 CFR parts 19, 26, and 27. 

TTB believes a minimum container 

size is needed to ensure sufficient space 

on the container for required labeling. 

TTB believes a maximum container size 

also is needed to maintain the 

distinction between bottled and bulk 

distilled spirits products. See also 27 

U.S.C. 206(c). However, TTB is 

considering eliminating the standards of 

fill within those limits for many of the 

same reasons it described in previous 

notices of proposed rulemaking, 

‘‘Elimination of Certain Standards of 

Fill for Wine’’ (Notice No. 182, July 1, 

2019, 84 FR 31257) and ‘‘Elimination of 

Certain Standards of Fill for Distilled 

Spirits; Amendment of Malt Beverage 

Net Contents Labeling Regulation’’ 

(Notice No. 183, July 1, 2019, 84 FR 

31264): 

1. Elimination of the existing 

standards of fill would address the 

recent petitions on this issue, would 

eliminate the need for industry 

members to petition for additional 

authorizations if marketplace conditions 

favor different standards in the future, 

and would eliminate requirements that 

restrict competition and the movement 

of goods in domestic and international 

commerce. 

2. It would address concerns that the 

current standards of fill unnecessarily 

limit manufacturing options and 

consumer purchasing options, 

particularly where consumers may seek 

smaller containers to target a specific 

amount of consumption. 

3. TTB believes that current labeling 

requirements regarding net contents (see 

27 CFR 4.32(b)(2),4.37, 5.63(b)(3), and 

5.70) and those regarding the design and 

fill of containers (see 27 CFR 4.71 and 

5.202) may provide consumers with 

adequate information about container 

contents. 

4. Limiting standards of fill is no 

longer necessary to ensure accurate 

calculation of tax liabilities or to protect 

the revenue. TTB verifies tax liability on 

the basis of a producer’s production and 

removal records, and TTB believes that 

allowing additional standards of fill 

would not undermine its efforts in this 

regard. TTB’s predecessor agency, the 

Bureau of Alcohol, Tobacco and 

Firearms (ATF), and TTB previously 

took the position that limiting the 

number of bottle sizes protected the 

revenue by facilitating accurate tax 

computations. In Goldstein v. Miller, 

488 F.Supp. 156, 171 (D. Md. 1980), 

aff’d 649 F.2d 863 (4th Cir. 1981), the 

court reviewed that position and 

concluded that limiting standards of fill 

was reasonably related to the collection 

of the revenue, though it also noted that 

ATF had the discretionary power to 

withdraw or amend the requirements. 

The litigation arose shortly after the 

enactment of the all-in-bond system of 

tax payment for distilled spirits under 

the Distilled Spirits Tax Revision Act of 

1979, Title VIII of Public Law 96–39, 

96th Cong., 1st Sess. Under this system, 

the tax was calculated at the time of the 

removal of the bottled distilled spirits 

from the distilled spirits plant rather 

than at the early bulk stages before 

bottling. Due to the implementation of 

the system, ATF was especially 

concerned about maintaining standards 

of fill at that time, as a back-up to the 

then new all-in-bond system, whose 

efficacy was untested. The all-in-bond 

system has now been in place for over 

40 years. Audit experience since 

implementation of the all-in-bond 

system and since the Goldstein 

litigation leads TTB to believe that the 

limitations on standards of fill are no 


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longer necessary for revenue protection 

purposes. 

In the subsequent final rule, T.D. 

TTB–165 (December 29, 2020, 85 FR 

85514), TTB authorized seven new 

standards of fill for wine, four new 

standards of fill for distilled spirits, and 

did not eliminate the standards of fill. 

Some commenters contended that 

eliminating the standards of fill would 

cause consumer confusion and 

potentially lead to a proliferation of 

differing State container size 

requirements that could cause further 

consumer confusion. Commenters also 

expressed concern about significant 

market disruption. Based on these 

comments, TTB declined at that time to 

eliminate all standards of fill but instead 

authorized additional specific sizes. 

However, in light of the several 

additional requests for yet more sizes in 

the short time since additional sizes 

were last adopted, as well as heightened 

concern that standards of fill can 

impose barriers to competition, TTB is 

again considering eliminating the 

standards of fill. Although TTB 

acknowledges that some commenters 

suggested there would be consumer 

confusion, TTB is not aware of 

consumer confusion related to container 

sizes of malt beverages, for which there 

is no standard of fill requirement. 

Moreover, with the addition of the 

eleven new standards of fill authorized 

with the final rules published in 

December 2020, and the potential of ten 

more new standards to address 

international agreements and petitions 

described in this document, the value of 

the defined standards may be of 

increasingly fleeting utility to 

consumers. Any potential for confusion 

may also be mitigated or eliminated by 

the net contents labeling that is 

mandatory. Moreover, concerns 

regarding confusion should be weighed 

against other concerns, including the 

possibility that container size 

requirements can be a barrier to 

innovation and competition. TTB again 

seeks comments on this matter 

generally, and also specifically with 

regard to whether the potential impact 

on competition of continuing to restrict 

standards of fill outweighs potential 

consumer confusion. 

Statement of U.S. Equivalent Net 

Contents 

Under the TTB regulations, wine 

labels must bear a statement of net 

contents. The regulations at 27 CFR 

4.37(b) provide that the mandatory net 

contents statement may include, in 

addition to the required metric measure, 

the equivalent volume in United States 

measure. If the U.S. measure is shown 

on the label, it must appear as stated in 

§ 4.37(b) for each standard of fill 

authorized in § 4.72. 

When TTB published T.D. TTB–165, 

it did not amend § 4.37(b) to add the 

equivalent U.S. measures for the newly 

approved standards of fill of 355 

milliliters, 250 milliliters, and 200 

milliliters. TTB therefore plans to 

correct this oversight in this document 

by including in the proposed 

regulations the U.S. measures for each 

of the three new standards of fill. The 

U.S. measures will be shown as follows, 

in the format currently required by 

§ 4.37(b): 355 ml (12.0 fl. oz.); 250 ml 

(8.5 fl. oz.); and 200 ml (6.8 fl. oz.). 

The proposed regulations also include 

the addition to § 4.37(b) of U.S. 

equivalents for each standard of fill that 

is proposed in this document. For 

readability, the proposed regulatory text 

will list the sizes in a table format. The 

proposed sizes and their U.S. 

equivalents are as follows: 

• 2.25 liters (76.1 fl. oz.); 

• 1.8 liters (60.9 fl. oz.); 

• 720 milliliters (24.3 fl. oz.); 

• 700 milliliters (23.7 fl. oz.); 

• 620 milliliters (21.0 fl. oz.); 

• 550 milliliters (18.6 fl. oz.); 

• 360 milliliters (12.2 fl. oz.); 

• 330 milliliters (11.2 fl. oz.); 

• 300 milliliters (10.1 fl. oz.); and 

• 180 milliliters (6.1 fl. oz.). 

Wine Container Fill Tolerances 

Section 5041(e) of the IRC authorizes 

the Secretary of the Treasury to 

prescribe by regulation tolerances for 

wine containers. TTB regulations at 27 

CFR 24.255(b) require that wine 

proprietors fill bottles or other 

containers as nearly as possible to the 

amount shown on the container. TTB 

regulations at 27 CFR 24.255(c) require 

that ‘‘[t]he net contents of bottles or 

other containers of untaxpaid wine in 

the same tax class filled during six 

consecutive tax return periods . . . shall 

not vary by more than 0.5 percent from 

the net contents as stated on the bottles 

or other containers.’’ TTB regulations at 

§ 24.255(b) clarify that in no event may 

the amount of wine in any one specific 

container exceed the fill tolerances 

listed in the regulation based on the 

container’s size. Note that 27 CFR part 

4 contains further clarification on fill 

tolerance. 

When TTB published T.D. TTB–165, 

it did not amend § 24.255(b) to add fill 

tolerances for the newly approved 

standards of fill of 355 milliliters, 250 

milliliters, and 200 milliliters. 

Additionally, when ATF published T.D. 

ATF–303 on October 23, 1990 (55 FR 

42710), it did not amend § 24.255(b) to 

add a fill tolerance for the newly 

approved standard of fill of 500 

milliliters. TTB therefore plans to 

correct these oversights in this 

document by adding fill tolerances for 

these sizes to § 24.255(b). Based on the 

existing tolerances, TTB is proposing 

the following tolerances for these sizes: 

• 2.5 percent for 500 milliliters; 

• 3 percent for 355 milliliters; 

• 4 percent for 250 milliliters; and 

• 4 percent for 200 milliliters. 

TTB is also proposing the addition of 

tolerances to § 24.255(b) for most of the 

standards of fill that are proposed in 

this document. TTB does not need to 

add additional tolerances for the 

proposed sizes of 2.25 liters and 1.8 

liters, as the current tolerance of 1.5 

percent for containers that are 1.0 liter 

to 14.9 liters covers those sizes. For the 

remaining sizes proposed in this 

document, TTB is proposing the 

following tolerances: 

• 2 percent for 720 milliliters; 

• 2 percent for 700 milliliters; 

• 2 percent for 620 milliliters; 

• 2 percent for 550 milliliters; 

• 3 percent for 360 milliliters; 

• 3 percent for 330 milliliters; 

• 3 percent for 300 milliliters; and 

• 4.5 percent for 180 milliliters. 

For readability, the proposed 

regulatory text will include ranges of 

sizes, rather than listing most of the 

sizes individually, as the regulation 

currently does. The proposed regulatory 

text also includes some additional 

minor edits for readability. 

Conforming Edits 

TTB is also proposing a number of 

conforming edits to parts 19, 26, and 27 

of the TTB regulations (27 CFR parts 19, 

26, and 27) to reflect the changes 

proposed in this rulemaking and the 

reorganization of parts 5 and 7 (27 CFR 

parts 5 and 7) that went into effect 

pursuant to TTB’s recent final rule, 

Modernization of the Labeling and 

Advertising Regulations for Distilled 

Spirits and Malt Beverages (T.D. TTB– 

176, February 9, 2022, 87 FR 7526). TTB 

also is making additional, 

nonsubstantive amendments to conform 

the regulations described in this 

document to the current regulatory 

authority citation requirements of the 

Office of the Federal Register. 

Public Participation 

Comments Sought 

TTB requests comments on the 

proposal to add some or all of the 

additional standards of fill for wine 

described in this document, and the 

alternative of eliminating all but a 

minimum standard of fill for wine. TTB 

also requests comments on the proposal 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 31791 

to eliminate all but a minimum and 

maximum standard of fill for distilled 

spirits. In particular, TTB requests 

comments on whether it should 

authorize the proposed sizes (or 

eliminate the standards of fill 

altogether) based on the considerations 

relevant to the FAA Act, such as 

whether the proposed sizes would result 

in consumer confusion. TTB also 

welcomes comments on the proposed 

container fill tolerances for wine. TTB 

further welcomes comments on the 

appropriate number of bottles per case 

to list in the table at 27 CFR 24.300(a)(1) 

for the proposed new container sizes, 

and the existing container sizes not 

currently listed there. Any person 

submitting comments may present such 

data, views, or arguments as he or she 

desires. Comments that provide the 

factual basis supporting the views or 

suggestions presented will be 

particularly helpful in developing a 

reasoned regulatory decision on this 

matter. 

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. 210 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. 

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, selected 

supporting materials, and any 

comments TTB receives about this 

proposal within the related 

Regulations.gov docket. 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 

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 

It has been determined that this 

proposed rule is not a significant 

regulatory action as defined by 

Executive Order 12866 of September 30, 

1993. Therefore, no regulatory 

assessment is required. 

Drafting Information 

Jennifer Berry of the Regulations and 

Rulings Division drafted this document. 

List of Subjects 

27 CFR Part 4 

Advertising, Consumer protection, 

Customs duties and inspection, Imports, 

Labeling, Packaging and containers. 

27 CFR Part 5 

Advertising, Consumer protection, 

Customs duties and inspection, Imports, 

Labeling, Packaging and containers. 

27 CFR Part 19 

Alcohol and alcoholic beverages, 

Alcohol fuel plants, Alternation, 

Application procedures, Distilled spirits 

plants, Permit requirements, 

Registration requirements, Reporting 

and recordkeeping requirements, 

Security requirements, Trade names, 

Vinegar plants. 

27 CFR Part 24 

Administrative practice and 

procedure, Claims, Electronic funds 

transfers, Excise taxes, Exports, Food 

additives, Fruit juices, Labeling, 

Liquors, Packaging and containers, 

Reporting and recordkeeping 

requirements, Research, Scientific 

equipment, Spices and flavorings, 

Surety bonds, Vinegar, Warehouses, 

Wine. 

27 CFR Part 26 

Alcohol and alcoholic beverages, 

Caribbean basin initiative, Claims, 

Customs duties and inspection, 

Electronic funds transfers, Excise taxes, 

Packaging and containers, Puerto Rico, 

Reporting and recordkeeping 

requirements, Surety bonds, Virgin 

Islands, Warehouses. 

27 CFR Part 27 

Alcohol and alcoholic beverages, 

Beer, Cosmetics, Customs duties and 

inspection, Electronic funds transfers, 

Excise taxes, Imports, Labeling, Liquors, 

Packaging and containers, Reporting 

and recordkeeping requirements, Wine. 

Proposed Amendments to the 

Regulations 

[Alternative 1] 

For the reasons discussed in the 

preamble, TTB proposes to amend 27 

CFR parts 4 and 24 as follows: 

PART 4—LABELING AND 

ADVERTISING OF WINE 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 27 U.S.C. 205, unless otherwise 

noted. 

■ 2. In § 4.37, revise paragraph (b)(1) to 

read as follows: 

§ 4.37 Net contents. 

* * * * * 

(b) * * * 

(1) For the metric standards of fill 

shown in the following table, the 

equivalent U.S. measures are: 

TABLE 1 TO PARAGRAPH (b)(1) 

Metric measure Equivalent 

U.S. measure 

3 liters (L) ..................... 101 fluid ounces (fl. 

oz.). 

2.25 L ........................... 76.1 fl. oz. 

1.8 L ............................. 60.9 fl. oz. 

1.5 L ............................. 50.7 fl. oz. 

1 L ................................ 33.8 fl. oz. 

750 milliliters (mL) ........ 25.4 fl. oz. 

720 mL ......................... 24.3 fl. oz. 


lotter on DSK11XQN23PROD with PROPOSALS1
31792 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 

TABLE 1 TO PARAGRAPH (b)(1)— 

Continued 

Metric measure Equivalent 

U.S. measure 

700 mL ......................... 23.7 fl. oz. 

620 mL ......................... 21.0 fl. oz. 

550 mL ......................... 18.6 fl. oz. 

500 mL ......................... 16.9 fl. oz. 

375 mL ......................... 12.7 fl. oz. 

360 mL ......................... 12.2 fl. oz. 

355 mL ......................... 12.0 fl. oz. 

330 mL ......................... 11.2 fl. oz. 

300 mL ......................... 10.1 fl. oz. 

250 mL ......................... 8.5 fl. oz. 

200 mL ......................... 6.8 fl. oz. 

187 mL ......................... 6.3 fl. oz. 

180 mL ......................... 6.1 fl. oz. 

100 mL ......................... 3.4 fl. oz. 

50 mL ........................... 1.7 fl. oz. 

* * * * * 

■ 3. In § 4.72, revise paragraph (a) to 

read as follows: 

§ 4.72 Metric standards of fill. 

(a) Authorized standards of fill. The 

standards of fill for wine are the 

following: 

TABLE 1 TO PARAGRAPH (a) 

3 liters ........................... 375 milliliters. 

2.25 liters ...................... 360 milliliters. 

1.8 liters ........................ 355 milliliters. 

1.5 liters ........................ 330 milliliters. 

1 liter ............................ 300 milliliters. 

750 milliliters ................ 250 milliliters. 

720 milliliters ................ 200 milliliters. 

700 milliliters ................ 187 milliliters. 

620 milliliters ................ 180 milliliters. 

550 milliliters ................ 100 milliliters. 

500 milliliters ................ 50 milliliters. 

* * * * * 

PART 24—WINE 

■ 4. The authority citation for part 24 

continues to read as follows: 

Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, 

5008, 5041, 5042, 5044, 5061, 5062, 5121, 

5122–5124, 5173, 5206, 5214, 5215, 5351, 

5353, 5354, 5356, 5357, 5361, 5362, 5364– 

5373, 5381–5388, 5391, 5392, 5511, 5551, 

5552, 5661, 5662, 5684, 6065, 6091, 6109, 

6301, 6302, 6311, 6651, 6676, 7302, 7342, 

7502, 7503, 7606, 7805, 7851; 31 U.S.C. 9301, 

9303, 9304, 9306. 

■ 5. In § 24.255: 

■ a. Revise paragraph (b); and 

■ b. Remove the parenthetical authority 

citation at the end of the section. 

The revision reads as follows: 

§ 24.255 Bottling or packing wine. 

* * * * * 

(b) Bottle or other container fill. (1) 

Proprietors of bonded wine premises 

and taxpaid wine bottling house 

premises must fill bottles or other 

containers as nearly as possible to 

conform to the amount shown on the 

label or blown in the bottle or marked 

on any container other than a bottle. 

However, in no event may the amount 

of wine contained in any individual 

bottle, due to lack of bottle uniformity, 

vary from the amount stated more than 

plus or minus: 

(i) 1.0 percent for 15.0 liters and 

above; 

(ii) 1.5 percent for 14.9 liters to 1.0 

liter; 

(iii) 2.0 percent for 750 mL to 550 mL; 

(iv) 2.5 percent for 500 mL; 

(v) 3.0 percent for 375 mL to 300 mL; 

(vi) 4 percent for 250 mL and 200 mL; 

(vii) 4.5 percent for 187 mL to 100 

mL; and 

(viii) 9.0 percent for 50 mL. 

(2) In such case, there will be 

substantially as many bottles overfilled 

as there are bottles underfilled for each 

lot of wine bottled. Short-filled bottles 

or other containers of wine which are 

sold or otherwise disposed of by the 

proprietor to employees for personal 

consumption need not be labeled, but, 

if labeled, need not show an accurate 

statement of net contents. 

* * * * * 

[Alternative 2] 

For the reasons discussed in the 

preamble, TTB proposes to amend 27 

CFR parts 5, 19, 26, and 27 as follows: 

PART 5—LABELING AND 

ADVERTISING OF DISTILLED SPIRITS 

■ 1. The authority citation for part 5 

continues to read as follows: 

Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. 

205 and 207. 

■ 2. In § 5.203, revise paragraph (a) to 

read as follows: 

§ 5.203 Standards of fill (container sizes). 

(a) Authorized standards of fill. 

Subject to the tolerances allowed under 

paragraph (b) of this section and the 

headspace prescribed in § 5.202(b), 

distilled spirits containers, other than 

bulk, may not contain more than 3.785 

liters or less than 50 milliliters. 

* * * * * 

PART 19—DISTILLED SPIRITS 

PLANTS 

■ 3. The authority citation for part 19 

continues to read as follows: 

Authority: 19 U.S.C. 81c, 1311; 26 U.S.C. 

5001, 5002, 5004–5006, 5008, 5010, 5041, 

5061, 5062, 5066, 5081, 5101, 5111–5114, 

5121–5124, 5142, 5143, 5146, 5148, 5171– 

5173, 5175, 5176, 5178–5181, 5201–5204, 

5206, 5207, 5211–5215, 5221–5223, 5231, 

5232, 5235, 5236, 5241–5243, 5271, 5273, 

5301, 5311–5313, 5362, 5370, 5373, 5501– 

5505, 5551–5555, 5559, 5561, 5562, 5601, 

5612, 5682, 6001, 6065, 6109, 6302, 6311, 

6676, 6806, 7011, 7510, 7805; 31 U.S.C. 9301, 

9303, 9304, 9306. 

§ 19.116 [Amended] 

■ 4. In § 19.116: 

■ a. Amend paragraph (a)(2)(iii) by 

removing the text ‘‘§§ 5.28’’ and adding, 

in its place, the text ‘‘§§ 5.194’’; and 

■ b. Remove the parenthetical authority 

citation at the end of the section. 

§ 19.132 [Amended] 

■ 5. In § 19.132: 

■ a. Amend paragraph (a)(2)(iii) by 

removing the text ‘‘§§ 5.28’’ and adding, 

in its place, the text ‘‘§§ 5.194’’; and 

■ b. Remove the parenthetical authority 

citation at the end of the section. 

§ 19.314 [Amended] 

■ 6. In § 19.314, 

■ a. Amend the last sentence by 

removing the text ‘‘§§ 5.26 and 5.27’’ 

and adding, in its place, the text 

‘‘§§ 5.192 and 5.193’’.; and 

■ b. Remove the parenthetical authority 

citation at the end of the section. 

§ 19.348 [Amended] 

■ 7. In § 19.348: 

■ a. Amend the introductory text by 

removing the text ‘‘§§ 5.26 and 5.27’’ 

and adding, in its place, the text 

‘‘§§ 5.192 and 5.193’’; and 

■ b. Remove the parenthetical authority 

citation at the end of the section. 

§ 19.511 [Amended] 

■ 8. In § 19.511, 

■ a. Amend the first sentence by 

removing the text ‘‘subpart E’’ and 

adding, in its place, the text ‘‘subpart 

K’’; and 

■ b. Remove the parenthetical authority 

citation at the end of the section. 

§ 19.512 [Amended] 

■ 9. In § 19.512, 

■ a. Amend the first sentence by 

removing the text ‘‘§ 5.46’’ and adding, 

in its place, the text ‘‘§ 5.202’’; and 

■ b. Remove the parenthetical authority 

citation at the end of the section. 

§ 19.517 [Amended] 

■ 10. In § 19.517, 

■ a. Amend paragraph (a) by removing 

the text ‘‘§ 5.34’’ and adding, in its 

place, the text ‘‘§ 5.64’’; 

■ b. Amend paragraph (b) by removing 

the text ‘‘§ 5.35’’ and adding, in its 

place, the text ‘‘§§ 5.143 and 5.156’’; 

■ c. Amend paragraph (c) by removing 

the text ‘‘§ 5.37(a)’’ and adding, in its 

place, the text ‘‘§ 5.65’’; 

■ d. Amend paragraph (d) by removing 

the text ‘‘§ 5.36(d)’’ and adding, in its 

place, the text ‘‘§ 5.66(f)’’; 

■ e. Amend paragraphs (g) and (h) by 

removing the text ‘‘§ 5.40’’ wherever it 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 31793 

appears and adding, in its place, the text 

‘‘§ 5.74’’; 

■ f. Amend paragraph (j) by removing 

the text ‘‘§ 5.39’’ and adding, in its 

place, the text ‘‘§ 5.72’’; and 

■ g. Remove the parenthetical authority 

citation at the end of the section. 

§ 19.519 [Amended] 

■ 11. In § 19.519, 

■ a. Amend the second sentence of 

paragraph (d) by removing the text 

‘‘§ 5.22’’ and adding, in its place, the 

text ‘‘subparts F and I of part 5’’; and 

■ b. Remove the parenthetical authority 

citation at the end of the section. 

PART 26—LIQUORS AND ARTICLES 

FROM PUERTO RICO AND THE VIRGIN 

ISLANDS 

■ 12. The authority citation for part 26 

continues to read as follows: 

Authority: 19 U.S.C. 81c; 26 U.S.C. 5001, 

5007, 5008, 5010, 5041, 5051, 5061, 5111– 

5114, 5121, 5122–5124, 5131–5132, 5207, 

5232, 5271, 5275, 5301, 5314, 5555, 6001, 

6109, 6301, 6302, 6804, 7101, 7102, 7651, 

7652, 7805; 27 U.S.C. 203, 205; 31 U.S.C. 

9301, 9303, 9304, 9306. 

§ 26.40 [Amended] 

■ 13. In § 26.40, amend paragraph (c) by 

removing the text ‘‘§ 5.47a,’’ and adding, 

in its place, the text ‘‘§ 5.203’’. 

§ 26.200 [Amended] 

■ 14. In § 26.200: 

■ a. Amend paragraph (d)(2) by: 

■ i. Removing the text ‘‘27 CFR 5.51’’ 

and adding, in its text, the phrase ‘‘27 

CFR 5.24 and 5.25’’; and 

■ ii. Removing the text ‘‘27 CFR 7.31’’ 

and text, in its place, the phrase ‘‘27 

CFR 7.24 and 7.25’’; and 

■ b. Remove the parenthetical authority 

citation at the end of the section. 

§ 26.202 [Amended] 

■ 15. In § 26.202: 

■ a. Amend paragraph (c) by: 

■ i. In the first sentence, removing the 

text ‘‘27 CFR 5.51 in the case of distilled 

spirits, or 27 CFR 7.31’’ and adding, in 

its place, the text ‘‘27 CFR 5.24 and 5.25 

in the case of distilled spirits, or 27 CFR 

7.24 and 7.25’’; and 

■ ii. In the second sentence, removing 

the text ‘‘27 CFR 4.40, 5.51, and 7.31’’ 

and adding, in its place, the text ‘‘27 

CFR 4.40, 5.24, 5.25, 7.24, and 7.25,’’; 

■ b. Amend paragraph (d) by removing 

the text ‘‘27 CFR 5.52’’ and adding, in 

its place, the text ‘‘27 CFR 5.30’’; and 

■ c. Remove the parenthetical authority 

citation at the end of the section. 

§ 26.206 [Amended] 

■ 16. In § 26.206, amend paragraph (c) 

by removing the text ‘‘§ 5.47a,’’ and 

adding, in its place, the text ‘‘§ 5.203’’. 

§ 26.312 [Amended] 

■ 17. In § 26.312, 

■ a. Amend the first sentence by 

removing the text ‘‘§ 5.47 or § 5.47a’’ 

and adding, in its place, the text 

‘‘§ 5.203’’; and 

■ b. Amend the second sentence by 

removing the text ‘‘subpart E’’ and 

adding, in its place, the text ‘‘subpart 

K’’. 

PART 27—IMPORTATION OF 

DISTILLED SPIRITS, WINES, AND 

BEER 

■ 18. The authority citation for part 27 

continues to read as follows: 

Authority: 5 U.S.C. 552(a), 19 U.S.C. 81c, 

1202; 26 U.S.C. 5001, 5007, 5008, 5010, 5041, 

5051, 5054, 5061, 5121, 5122–5124, 5201, 

5205, 5207, 5232, 5273, 5301, 5313, 5382, 

5555, 6109, 6302, 7805. 

§ 27.48 [Amended] 

■ 19. In § 27.48, 

■ a. Paragraph (a)(2)(ii) is amended by: 

■ i. Removing the text ‘‘27 CFR 5.51’’ 

and adding, in its place, the text ‘‘27 

CFR 5.24 and 5.25’’; and 

■ ii. Removing the text ‘‘27 CFR 7.31’’ 

and adding, in its place, the text ‘‘27 

CFR 7.24 and 7.25’’; and 

■ b. Remove the parenthetical authority 

citation at the end of the section. 

§ 27.55 [Amended] 

■ 20. In § 27.55, 

■ a. Paragraph (c) is amended by: 

■ i. In the first sentence, removing the 

text ‘‘27 CFR 5.51 in the case of distilled 

spirits, or 27 CFR 7.31’’ and adding, in 

its place, the text ‘‘27 CFR 5.24 and 5.25 

in the case of distilled spirits, or 27 CFR 

7.24 and 7.25’’; and 

■ ii. In the second sentence, removing 

the text ‘‘27 CFR 4.40, 5.51, and 7.31’’ 

and adding, in its place, the text ‘‘27 

CFR 4.40, 5.24, 5.25, 7.24, and 7.25’’; 

■ b. Amend paragraph (d) by removing 

the text ‘‘27 CFR 5.52’’ and adding, in 

its place, the text ‘‘27 CFR 5.30’’; and 

■ c. Remove the parenthetical authority 

citation at the end of the section. 

§ 27.202 [Amended] 

■ 21. In § 27.202, 

■ a. Amend the first sentence by 

removing the text ‘‘§ 5.47a’’ and adding, 

in its place, the text ‘‘§ 5.203’’; and 

■ b. Amend the second sentence by 

removing the text ‘‘subpart E’’ and 

adding, in its place, the text ‘‘subpart 

k’’. 

Signed: April 28, 2022. 

Mary G. Ryan, 

Administrator. 

Approved: April 28, 2022. 

Timothy E. Skud, 

Deputy Assistant Secretary, Tax, Trade, and 

Tariff Policy. 

[FR Doc. 2022–10589 Filed 5–24–22; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1904 

[Docket No. OSHA–2021–0006] 

RIN 1218–AD40 

Improve Tracking of Workplace 

Injuries and Illnesses 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Extension of comment period. 

SUMMARY: The Occupational Safety and 

Health Administration (OSHA) is 

extending the comment period on the 

proposed rule on Improve Tracking of 

Workplace Injuries and Illnesses for an 

additional 30 days, to June 30, 2022. 

DATES: The comment period for the 

proposed rule published March 30, 

2022, at 87 FR 18528, is extended. 

Comments must be submitted by June 

30, 2022. 

ADDRESSES: Comments: Comments, 

along with any submissions and 

attachments, should be submitted 

electronically at www.regulations.gov, 

which is the Federal e-Rulemaking 

Portal. Follow the instructions online 

for making electronic submissions. After 

accessing ‘‘all documents and 

comments’’ in the docket (Docket No. 

OSHA–2021–0006), check the 

‘‘proposed rule’’ box in the column 

headed ‘‘Document Type,’’ find the 

document posted on the date of 

publication of this document, and click 

the ‘‘Comment Now’’ link. When 

uploading multiple attachments to 

www.regulations.gov, please number all 

of your attachments, because 

www.regulations.gov will not 

automatically number the attachments. 

This will be very useful in identifying 

all attachments in the preamble. For 

example, Attachment 1—title of your 

document, Attachment 2—title of your 

document, Attachment 3—title of your 

document. For assistance with 

commenting and uploading documents, 

please see the Frequently Asked 

Questions on www.regulations.gov. 


lotter on DSK11XQN23PROD with PROPOSALS1