Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 31783 

6See e.g., 16 CFR 305.13, 305.20 (specifying such 

requirements for refrigerators, refrigerator-freezers, 

freezers, dishwashers, clothes washers, water 

heaters, room air conditioners, and pool heaters 

(305.13) and for central air conditioners, heat 

pumps, and furnaces (305.20)). 

1As stated in the FERC Implementation Guide, 

native format, or native application format, ‘‘refers 

to the software used to create the file. When a file 

is submitted in native application format it is 

submitted in the format of the software used to 

create the file. For example, if the file is created in 

Microsoft Excel 2010, submit the file in an Excel 

format, generally denoted by an extension of XLSX. 

All files submitted in native application format 

must be saved and filed using one of the 

Commission’s accepted electronic document file 

formats. The list of FERC Acceptable File Formats 

is available on www.ferc.gov.’’ FERC 

Implementation Guide for Electronic Filing of Parts 

35, 154, 284, 300 and 341 Tariff Filings (2016). 

2 15 U.S.C. 717c. 

trim size dimensions for labels, 

including the precise width (between 5 

1⁄4′′ to 5 1⁄2′′) and length (between 7 3⁄8′′ 

and 7 5⁄8′′); the number of picas for the 

copy set (between 27 and 29); the type 

style (Arial) and setting; the weight of 

the paper stock on which the labels are 

printed (not less than 58 pounds per 500 

sheets or equivalent); and a suggested 

minimum peel adhesive capacity of 12 

ounces per square inch.6

The Notice we issue today includes 

13 pages of prototype labels, complete 

with the array of requirements described 

above. For example, Prototype Label 10 

for Vertical Rectangular Television 

Labels specifies not only the categories 

of information to be displayed, but also 

the precise font and size in which that 

information is to be printed. The 

Estimated Yearly Energy Cost must 

appear in 12/14.4 Arial Narrow Bold. 

And while the phrase ‘‘US Government’’ 

at the top of the label must be printed 

in 7⁄9 pt Arial Narrow, ‘‘visitftc.gov/ 

energy’’ at the bottom must be printed 

in 8 pt Arial Narrow. As I have 

indicated on previous occasions, we 

could identify the categories of 

information to be disclosed clearly and 

conspicuously, and then allow 

companies to create appropriate labels. 

Once again, I urge the Commission to 

act on the comments we received in 

2020, eliminate the more prescriptive 

aspects of the Rule, and maximize the 

positive impact of this Rule for 

consumers. As long as we are statutorily 

mandated to maintain this Rule, we 

should endeavor to make it beneficial 

for consumers and competition. 

Regrettably, the Commission once 

again has chosen to forego this route, 

instead making only minor changes to 

the Rule necessary for conformity. 

Accordingly, I dissent. 

[FR Doc. 2022–11126 Filed 5–24–22; 8:45 am] 

BILLING CODE 6750–01–C 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 154, 260, and 284 

[Docket No. RM21–18–000] 

Revised Filing and Reporting 

Requirements for Interstate Natural 

Gas Company Rate Schedules and 

Tariffs 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Energy 

Regulatory Commission proposes to 

establish a rule to require natural gas 

pipelines to submit all supporting 

statements, schedules and workpapers 

in native format (e.g., Microsoft Excel) 

with all links and formulas intact when 

filing a Natural Gas Act section 4 rate 

case. 

DATES: Comments are due June 24, 2022. 

ADDRESSES: Comments, identified by 

Docket No. RM21–18–000, may be filed 

in the following ways. Electronic filing 

through http://www.ferc.gov is 

preferred. 

• Electronic Filing: Documents must 

be filed in acceptable native 

applications and print-to-PDF, but not 

in scanned or picture format. 

• For those unable to file 

electronically, comments may be filed 

by USPS mail or by hand (including 

courier) delivery. 

Æ Mail via U.S. Postal Service Only: 

Addressed to: Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street NE, 

Washington, DC 20426. 

Æ Hand (including courier) delivery: 

Deliver to: Federal Energy Regulatory 

Commission, 12225 Wilkins Avenue, 

Rockville, MD 20852. 

The Comment Procedures Section of 

this document contains more detailed 

filing procedures. 

FOR FURTHER INFORMATION CONTACT:

Tehseen Rana (Technical 

Information), Office of Energy Market 

Regulation, 888 First Street NE, 

Washington, DC 20426, (202) 502–8639, 

Tehseen.Rana@ferc.gov. 

Caitlin Tweed (Legal Information), 

Office of the General Counsel, 888 First 

Street NE, Washington, DC 20426, (202) 

502–8073, Caitlin.Tweed@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Paragraph Nos. 

I. Introduction ............................................................................................................................................................................... 1 

II. Background ............................................................................................................................................................................... 3 

III. Discussion ............................................................................................................................................................................... 5 

IV. Information Collection Statement .......................................................................................................................................... 9 

V. Environmental Analysis .......................................................................................................................................................... 25 

VI. Regulatory Flexibility Act Certification ................................................................................................................................ 26 

VII. Comment Procedures ............................................................................................................................................................ 28 

VIII. Document Availability ......................................................................................................................................................... 31 

I. Introduction 

1. On June 24, 2021, American Gas 

Association, American Public Gas 

Association, American Forest & Paper 

Association, Industrial Energy 

Consumers of America, Process Gas 

Consumers Group and Natural Gas 

Supply Association (collectively, 

Petitioners) filed a petition requesting 

that the Commission institute a 

rulemaking to revise its regulations, or 

at the minimum, issue an order revising 

and updating the FERC Implementation 

Guide for Electronic Filing of Parts 35, 

154, 284, 300 and 341 Tariff Filings 

(FERC Implementation Guide) to require 

natural gas pipelines to submit all 

supporting statements, schedules and 

workpapers in native format 1 with all 

links and formulas intact when filing a 

general Natural Gas Act (NGA) section 

4 2 rate case (Petition). Petitioners state 

that the Commission’s current policy 

does not ensure that Commission staff 

and stakeholders have access to all the 

information needed to perform routine 

rate analyses. 

2. CenterPoint Energy Resources 

Corporation (CenterPoint), National 

Grid Gas Delivery Companies (National 


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31784 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 

3The Brooklyn Union Gas Company d/b/a 

National Grid NY; KeySpan Gas East Corporation d/ 

b/a National Grid; Boston Gas Company d/b/a 

National Grid; The Narragansett Electric Company 

d/b/a National Grid; and Niagara Mohawk Power 

Corporation 

d/b/a National Grid, all subsidiaries of National 

Grid USA, Inc. (collectively, the National Grid Gas 

Delivery Companies). 

4 18 CFR 284.10 (2021). 

5 18 CFR 154.312 & 154.313 (2021). 

6 15 U.S.C. 717c(d). 

7 18 CFR 154.312. 

8 Filing and Reporting Requirements for Interstate 

Nat. Gas Co. Rate Schedules & Tariffs, Order No. 

582, 60 FR 52,960, 52,994 (Oct. 11, 1995), FERC 

Stats. & Regs. ¶ 31,025 (1995), order on clarification, 

76 FERC ¶ 61,077 (1996) (Order on Clarification). 

9 In Order No. 703, the Commission confirmed 

this requirement that pipelines submit spreadsheets 

in native format for Statements I, J and a portion 

of H, including intact formulas. Filing Via the 

Internet, Order No. 703, 72 FR 65659 (Nov. 23, 

2007), 121 FERC ¶ 61,171 at P 26 (2007). 

10 FERC Implementation Guide for Electronic 

Filing of Parts 35, 154, 284, 300 and 341 Tariff 

Filings (2016). 

11 Id. 

12 ‘‘Formulas and links intact’’ includes formulas 

and links within individual spreadsheets and 

between spreadsheets. For example, the proposal 

will require that formulas and links within 

Schedule I–2 be intact within Schedule I–2, and 

intact for any progressive calculations that flow 

data from Schedule I–2. 

Grid),3 and Exelon Corporation, Exelon 

Generation Company, LLC, and affiliates 

(collectively, Exelon) filed general 

comments in support of the Petition. In 

its comments, CenterPoint states that 

the changes proposed in the Petition 

may expedite proceedings by removing 

the additional step where intervenors 

must submit separate requests for 

supporting statements, schedules and 

workpapers in native format, in effect 

reducing time and expense for all 

stakeholders. National Grid states that 

when a natural gas pipeline does not file 

in native format, a party’s only recourse 

is either the time-consuming process of 

raising the matter in protests and 

waiting for the Commission to direct the 

filer to provide all statements, schedules 

and workpapers in native format and 

subsequently the pipeline’s compliance 

with those directives or pursuing this 

necessary information even later in the 

process through discovery. National 

Grid further states that these recourses 

are not only inefficient but cost parties 

time waiting on workpapers that allow 

for a complete and thorough assessment 

of the rate filing. Exelon maintains that 

supporting statements, schedules and 

workpapers should be provided in 

native format for stakeholders to review 

and determine whether a natural gas 

pipeline’s proposed rate increase is just 

and reasonable and in conformance 

with Commission policies. Exelon 

argues that it is difficult to conduct a 

thorough analysis of a rate case if 

supporting statements, schedules and 

workpapers are submitted in Adobe PDF 

format. 

II. Background 

3. As required by § 284.10 of the 

Commission’s regulations,4 interstate 

natural gas pipelines generally have 

stated rates for their services, which are 

approved in a rate proceeding under 

NGA sections 4 or 5 and remain in effect 

until changed in a subsequent section 4 

or 5 proceeding. When a natural gas 

pipeline files under NGA section 4 to 

change its rates, the Commission 

requires the pipeline to provide detailed 

support for all the components of its 

cost of service.5 Further, section 4(c) of 

the NGA requires that a natural gas 

pipeline file proposed changes in rates 

with the Commission 30 days prior to 

the proposed effective date.6

4. Commission regulations require 

that natural gas pipelines filing general 

section 4 rate cases provide certain 

statements (Statements A through P).7 In 

1995, the Commission issued its Filing 

and Reporting Requirements for 

Interstate Natural Gas Company Rate 

Schedules and Tariffs (Order No. 582), 

stating that Statements I, J and a portion 

of H (containing state tax formulations) 

must be received in spreadsheet format 

with formulas included, as the data 

provided in these statements are 

essential to understanding a natural gas 

pipeline’s position with regard to cost 

allocation and rate design.8 The 

Commission found that although these 

spreadsheets could be obtained through 

discovery, that process is burdensome, 

often redundant of the initial filing and 

inhibits better-informed protests.9

Subsequently, the FERC Implementation 

Guide stated that the ‘‘submission of 

spreadsheets in native file format is 

preferred for Statements A through M, 

including related schedules. Statements 

O and P may use any electronic format 

that renders text, graphics, spreadsheets 

or data bases that the Commission 

accepts (the list of FERC Acceptable File 

Formats is available on http:// 

www.ferc.gov).’’ 10 Furthermore, for 

Statements I, J and a portion of H, the 

FERC Implementation Guide stated that 

if spreadsheets in native format (e.g., 

Microsoft Excel) are not available that 

the natural gas pipeline may submit 

using any of the aforementioned 

acceptable electronic formats which the 

Commission accepts.11

III. Discussion 

5. Pursuant to NGA section 4, we 

propose to establish a rule to require 

natural gas pipelines to submit all 

statements, schedules and workpapers 

in native format with formulas and links 

intact 12 when filing a general NGA 

section 4 rate case. 

6. First, requiring all statements, 

schedules and workpapers to be filed in 

native format will reconcile any 

ambiguity in the current requirements 

with a formal requirement for all natural 

gas pipelines to file accordingly. For 

example, in the Order on Clarification of 

Order No. 582, the Commission states 

that if there are no underlying links 

used to develop a spreadsheet (i.e., the 

spreadsheets are prepared separately 

from each other) then links do not need 

to be created. Currently, when a natural 

gas pipeline submits a section 4 rate 

case filing, the Commission often cannot 

verify whether there were underlying 

links used to develop a spreadsheet or 

whether a pipeline severed those links 

before filing its rate case. We seek to 

address this information gap and require 

natural gas pipelines to file statements 

and schedules linking progressive 

calculations regardless of how the 

statements and schedules were created. 

Furthermore, requiring spreadsheets 

with links and formulas intact will 

enable rate case participants to 

manipulate the cost-of-service 

components (including billing 

determinants) to evaluate different rate 

outcomes without the need to create 

their own rate models. This will 

expedite settlement negotiations and 

will allow all rate case participants to 

evaluate the filing on equal footing with 

the natural gas pipeline and without the 

need to hire experts or rely on other 

parties to recreate a pipeline’s rate 

model. 

7. Second, submitting all statements, 

schedules and workpapers in native 

format will provide for a timely and 

comprehensive analysis of a rate case 

filing. If natural gas pipelines are 

required to submit all statements, 

schedules and workpapers in native 

format with links and formulas intact in 

the initial filing, stakeholders will be 

provided with pertinent information to 

analyze the rates and determine if they 

are just and reasonable. Parties can 

begin examining the entire filing during 

the typical 12-day comment period and 

thus file more informed protests. 

Furthermore, if natural gas pipelines are 

required to file all statements and 

schedules with formulas and links 

intact, all rate case participants will be 

able to evaluate the filing and any 

settlement offers from the same 

baseline, as opposed to all parties 

creating their own rate models. This 

will streamline the rate case process, 

including settlement discussions, and 


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13Order on Clarification, 76 FERC at 61,455. 

14 44 U.S.C. 3507(d). 

15 5 CFR 1320.11 (2021). 

16 ‘‘Burden’’ is the total time, effort, or financial 

resources expended by persons to generate, 

maintain, retain, disclose or provide information to 

or for a Federal agency. For further explanation of 

what is included in the information collection 

burden, refer to 5 CFR 1320.3. 

17The estimated hourly cost (salary plus benefits) 

provided in this section is based on the salary 

figures for May 2021 posted by the Bureau of Labor 

Statistics for the Utilities sector (available at https:// 

www.bls.gov/oes/current/naics3_221000.htm) and 

scaled to reflect benefits using the relative 

importance of employer costs for employee 

compensation from June 2021 (available at https:// 

www.bls.gov/news.release/ecec.nr0.htm). The 

hourly estimates for salary plus benefits are: 

Computer and Information Systems Manager 

(Occupation Code: 11–3021), $103.61; Computer 

and Information Analysts (Occupation Code: 15– 

1120(1221), $67.99; Electrical Engineer (Occupation 

Code: 7–2071), $72.15; Legal (Occupation Code: 23– 

0000), $142.25. The average hourly cost (salary plus 

benefits) weighting all of the above skill sets evenly, 

is $96.50. We round it to $97/hour. 

avoid parties exchanging multiple 

rounds of discovery and testimony 

merely to understand the rate model’s 

underlying calculations. The 

Commission acknowledged this in the 

Order on Clarification of Order No. 582, 

stating: ‘‘Requiring parties, including 

staff, to input all the figures from the 

rate case and spend weeks and rounds 

of discovery to recreate the pipeline’s 

computations is grossly inefficient and 

unduly burdensome. Receiving the rate 

case in a manipulable format is critical 

given the 12-day period for comment 

and protest.’’ 13

8. Third, the current regulations are 

outdated. Order No. 582 was issued in 

1995. Since then, information 

technology has significantly improved. 

Section 4 rate cases are now generally 

developed using Microsoft Excel and 

submitted electronically. The concerns 

raised in the comments submitted in the 

rulemaking underlying Order No. 582 

no longer exist (e.g., outdated software 

programs, or submitting numerous 

diskettes). With this rulemaking, we 

seek to update the filing requirements to 

reflect current information technology 

capabilities. We recognize that a final 

rule adopting these proposals could 

increase the burden on natural gas 

pipelines associated with submitting 

section 4 rate case filings. Currently, 

natural gas pipelines are only required 

to submit Statements I, J and the state 

income taxes portion of Schedule H–3 

in native format with formulas and links 

intact. One specific burden mentioned 

in the Order on Clarification of Order 

No. 582 is the need to create links in 

files where they do not naturally occur 

when the spreadsheet is developed. As 

stated above, the Commission cannot 

verify whether underlying links exist or 

not but to the extent natural gas 

pipelines will need to create links 

among multiple spreadsheets that did 

not naturally occur when the 

spreadsheets were generated, their filing 

burden will increase. However, we do 

not anticipate that this requirement will 

be excessively burdensome on natural 

gas pipelines, as any entity that wants 

to calculate rates, including the 

pipeline, needs a linked rate model, and 

must create one if it is not provided in 

the original rate case filing. 

IV. Information Collection Statement 

9. The information collection 

requirements contained in this NOPR 

are subject to review by the Office of 

Management and Budget (OMB) under 

section 3507(d) of the Paperwork 

Reduction Act of 1995.14 OMB’s 

regulations require approval of certain 

information collection requirements 

imposed by agency rules.15 Upon 

approval of a collection of information, 

OMB will assign an OMB control 

number and expiration date. 

Respondents subject to the filing 

requirements of this proposed rule will 

not be penalized for failing to respond 

to these collections of information 

unless the collections of information 

display a valid OMB control number. 

10. This NOPR will modify the 

currently approved information 

collection associated with FERC–545, 

Gas Pipeline Rates: Rate Change (NonFormal) (OMB Control No. 1902–0154) 

(FERC–545) by updating the 

requirements for submitting a rate case 

under section 4 of the NGA. 

11. Interested persons may obtain 

information on the reporting 

requirements by contacting Ellen 

Brown, Office of the Executive Director, 

Federal Energy Regulatory Commission, 

888 First Street, NE, Washington, DC 

20426 via email (DataClearance@

ferc.gov) or telephone ((202) 502–8663). 

12. The Commission solicits 

comments on the Commission’s need for 

this information, whether the 

information will have practical utility, 

the accuracy of the burden estimates, 

ways to enhance the quality, utility, and 

clarity of the information to be collected 

or retained, and any suggested methods 

for minimizing respondents’ burden, 

including the use of automated 

information techniques. 

13. Please send comments concerning 

the collection of information and the 

associated burden estimates to: Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 725 

17th Street, NW, Washington, DC 20503 

[Attention: Desk Officer for the Federal 

Energy Regulatory Commission]. Due to 

security concerns, comments should be 

sent electronically to the following 

email address: oira_submission@

omb.eop.gov. Comments submitted to 

OMB should refer to OMB Control No. 

1902–0154. 

14. Please submit a copy of your 

comments on the information collection 

to the Commission via the eFiling link 

on the Commission’s website at http:// 

www.ferc.gov. If you are not able to file 

comments electronically, please send a 

copy of your comments to: Federal 

Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street NE, Washington, DC 20426. 

Comments on the information collection 

that are sent to FERC should refer to 

RM21–18–000. 

15. Title: Gas Pipeline Rates: Rate 

Change (Non-Formal). 

16. Action: Proposed modification of 

collection of information in accordance 

with RM21–18–000. 

17. OMB Control No.: 1902–0154. 

18. Respondents for this Rulemaking: 

Gas pipelines filing an NGA section 4 

rate case. 

19. Frequency of Information 

Collection: As needed for section 4 rate 

cases. 

20. Necessity of Information: The 

proposed rule will require all 

statements, schedules and workpapers 

submitted during a section 4 rate case to 

be submitted in native format with all 

links and formulas intact. The 

modification to this collection is 

intended to reduce the overall burden 

for all parties involved in a section 4 

rate case. 

21. Internal Review: The Commission 

has reviewed the changes and has 

determined that such changes are 

necessary. These requirements conform 

to the Commission’s need for efficient 

information collection, communication, 

and management within the energy 

industry. The Commission has specific, 

objective support for the burden 

estimates associated with the 

information collection requirements. 

22. The Commission estimates that 

the NOPR will affect the burden 16 and 

cost 17 as follows: 


lotter on DSK11XQN23PROD with PROPOSALS1
31786 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 

18Reguls. Implementing the Nat’l Envt’l Pol’y Act, 

Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC 

Stats. & Regs. ¶ 30,783 (1987) (cross-referenced at 41 

FERC ¶ 61,284). 

19See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5) & 

380.4(a)(27) (2021). 

20 5 U.S.C. 601–612. 

21Small Business Administration NAICS 

Category 486210, ‘‘Pipeline Transportation of 

Natural Gas’’ under 13 CFR chapter 1 part 121. 

PROPOSED MODIFICATIONS TO FERC 545 FROM NOPR IN DOCKET NO. RM21–18–000 

A. B. C. D. E. F. 

Area of modification Number of 

respondents 

Annual 

estimated 

number of 

responses per 

respondent 

Annual 

estimated 

number of 

responses 

(Column B × 

Column C) 

Average burden hours & 

cost per response 

Total estimated burden 

hours & total estimated 

cost 

(Column D × Column E) 

Section 4 Rate Case 

FERC 545: Annual Section 4 Rate 

Cases.

8 1 8 100 hours; $9,700 .......... 800 hours; $77,600. 

23. For the purposes of estimating 

burden in this NOPR, in the table above, 

we conservatively estimate the annual 

total of general section 4 rate cases to be 

eight. This number is higher than the 

Commission’s average number of 

section 4 rate cases, but we created our 

estimate to allow for additional rate case 

submissions. 

24. FERC–545 is required to 

implement rates pursuant to sections 4, 

5, and 16 of NGA, (15 U.S.C. 717 & 

717o, Pub. L. 75–688, 52 Stat. 822 and 

830). NGA sections 4, 5, and 16 

authorize the Commission to inquire 

into rate structures and methodologies 

and to set rates at a just and reasonable 

level. Specifically, a natural gas pipeline 

must obtain Commission authorization 

for all rates and charges made, 

demanded, or received in connection 

with the transportation or sale of natural 

gas in interstate commerce. The 

proposed modification as described in 

this NOPR in Docket No. RM21–18–000 

only impacts filings under section 4 of 

the NGA. The collections associated 

with sections 5 and 16 remain 

unchanged. 

V. Environmental Analysis 

25. The Commission is required to 

prepare an Environmental Assessment 

or an Environmental Impact Statement 

for any action that may have a 

significant adverse effect on the human 

environment.18 The actions proposed to 

be taken here fall within categorical 

exclusions in the Commission’s 

regulations for rules regarding 

information gathering, analysis, and 

dissemination, and for rules regarding 

sales, exchange, and transportation of 

natural gas that require no construction 

of facilities.19 Therefore, an 

environmental review is unnecessary 

and has not been prepared in this 

rulemaking. 

VI. Regulatory Flexibility Act 

26. The Regulatory Flexibility Act of 

1980 (RFA) 20 requires the Commission 

to determine the effect of the NOPR on 

small entities. The Commission intends 

to pose the least possible burden on all 

entities both large and small. 

27. The NOPR only applies to natural 

gas pipelines who file a section 4 rate 

case. There are a total of 145 entities 

that may file a rate change and may be 

impacted by the NOPR. The Small 

Business Administration (SBA) defines 

a small entity in the category of, 

‘‘Pipeline Transportation of Natural 

Gas’’ 21 by entities with fewer than $30 

million of annual receipts. Out of the 

total number of entities, only five are 

small entities (∼3% of the total 

population). We estimate the annual 

additional costs of filing a section 4 rate 

case to be $9,700. We further estimate 

an average of eight responses per year 

and conservatively estimates that one 

may be a small entity. Therefore, this 

proposed rule does not pose a 

significant change to small entities. 

VII. Comment Procedures 

28. The Commission invites interested 

persons to submit comments on the 

matters and issues proposed in this 

rulemaking to be adopted, including any 

related matters or alternative proposals 

that commenters may wish to discuss. 

Comments are due June 24, 2022. 

Comments must refer to Docket No. 

RM21–18–000, and must include the 

commenter’s name, the organization 

they represent, if applicable, and their 

address in their comments. All 

comments will be placed in the 

Commission’s public files and may be 

viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

29. The Commission encourages 

comments to be filed electronically via 

the eFiling link on the Commission’s 

website at http://www.ferc.gov. The 

Commission accepts most standard 

word processing formats. Documents 

created electronically using word 

processing software must be filed in 

native applications or print-to-PDF 

format and not in a scanned format. 

Commenters filing electronically do not 

need to make a paper filing. 

30. Commenters that are not able to 

file comments electronically may file an 

original of their comment by USPS mail 

or by courier or other delivery services. 

For submission sent via USPS only, 

filings should be mailed to: Federal 

Energy Regulatory Commission, Office 

of the Secretary, 888 First Street NE, 

Washington, DC 20426. Submission of 

filings other than by USPS should be 

delivered to: Federal Energy Regulatory 

Commission, 12225 Wilkins Avenue, 

Rockville, MD 20852. 

VIII. Document Availability 

31. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the internet through the 

Commission’s Home Page (http:// 

www.ferc.gov). At this time, the 

Commission has suspended access to 

the Commission’s Public Reference 

Room due to the President’s March 13, 

2020 proclamation declaring a National 

Emergency concerning the Novel 

Coronavirus Disease (COVID–19). 

32. From the Commission’s Home 

Page on the internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 


lotter on DSK11XQN23PROD with PROPOSALS1
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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