Je veux savoir à propos de…

34956

Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES

surrounding regions. To the south of the proposed AVA, the soil changes to Kula very rocky loam, which consists of very large volcanic rocks and boulders which would not be suitable for vineyards. The same Kula soil found within the proposed AVA is also found to the west, but the petition notes that the topsoil west of the proposed AVA has been scoured by erosion and would be thinner and not as suitable for viticulture. The petition did not provide information on the soils to the north and east of the proposed AVA.
Within the proposed Ulupalakua AVA, annual temperatures are moderate and do not drop below 50 degrees Fahrenheit F, which is generally considered to be the minimum temperature required for grape vine growth and fruit development. The difference between the average high and low temperatures each month in the proposed AVA is typically 20 degrees or less. The proposed AVA receives an average of 30.7 inches of rainfall a year and less than 2 inches per month in the harvest months of July and August.
According to the petition, the low rainfall amounts during harvest reduce the risk of mildew and rot, while the mild temperatures protect ripening fruit against sunburn and heat stress.
The petition states that the proposed AVAs climate is influenced by its proximity to Mt. Haleakala. To the north of the proposed Ulupalakua AVA, on the higher slopes of the mountain, annual temperatures are cooler and temperatures drop below 50 degrees F.
Because moist air moves from east to west over the mountain, regions to the east of the proposed AVA typically receive higher average annual rainfall amounts, while elevations to the west of the proposed AVA have less rainfall.
The petition did not include temperature data for locations to the east, west, or south of the proposed AVA, nor did it include precipitation data for regions to the north and south of the proposed AVA.
Notice of Proposed Rulemaking and Comments Received TTB published Notice No. 199 in the Federal Register on November 10, 2020
85 FR 71726, proposing to establish the Ulupalakua AVA. In the notice, TTB
summarized the evidence from the petition regarding the name, boundary, and distinguishing features for the proposed AVA. The notice also compared the distinguishing features of the proposed AVA to the surrounding areas. For a detailed description of the evidence relating to the name, boundary, and distinguishing features of the proposed AVA, and for a detailed
VerDate Sep<11>2014

15:54 Jun 30, 2021

Jkt 253001

comparison of the distinguishing features of the proposed AVA to the surrounding areas, see Notice No. 199.
In Notice No. 199, TTB solicited comments on the accuracy of the name, boundary, and other required information submitted in support of the petition. The comment period closed on January 11, 2021.
In response to Notice No. 199, TTB
received one comment. However, the comment did not contain information related to the proposed AVA or to the AVA program in general, and was not posted to the public docket.
TTB Determination After careful review of the petition, TTB finds that the evidence provided by the petitioner supports the establishment of the Ulupalakua AVA.
Accordingly, under the authority of the FAA Act, section 1111d of the Homeland Security Act of 2002, and parts 4 and 9 of the TTB regulations, TTB establishes the Ulupalakua AVA
in Hawaii, effective 30 days from the publication date of this document.
Boundary Description See the narrative description of the boundary of the Ulupalakua AVA in the regulatory text published at the end of this final rule.
Maps The petitioner provided the required maps, and they are listed below in the regulatory text. The Ulupalakua AVA
boundary may also be viewed on the AVA Map Explorer on the TTB website, at https www.ttb.gov/wine/ava-mapexplorer.
Impact on Current Wine Labels Part 4 of the TTB regulations prohibits any label reference on a wine that indicates or implies an origin other than the wines true place of origin. For a wine to be labeled with an AVA name or with a brand name that includes an AVA name, at least 85 percent of the wine must be derived from grapes grown within the area represented by that name, and the wine must meet the other conditions listed in 27 CFR
4.25e3. If the wine is not eligible for labeling with an AVA name and that name appears in the brand name, then the label is not in compliance and the bottler must change the brand name and obtain approval of a new label.
Similarly, if the AVA name appears in another reference on the label in a misleading manner, the bottler would have to obtain approval of a new label.
Different rules apply if a wine has a brand name containing an AVA name that was used as a brand name on a
PO 00000

Frm 00052

Fmt 4700

Sfmt 4700

label approved before July 7, 1986. See 27 CFR 4.39i2 for details.
With the establishment of the Ulupalakua AVA, its name, Ulupalakua, will be recognized as a name of viticultural significance under 4.39i3 of the TTB regulations 27
CFR 4.39i3. The text of the regulations clarifies this point.
Consequently, wine bottlers using the name Ulupalakua in a brand name, including a trademark, or in another label reference to the origin of the wine, will have to ensure that the product is eligible to use the AVA name as an appellation of origin.
The establishment of the Ulupalakua AVA will not affect any existing AVA.
The establishment of the Ulupalakua AVA will allow vintners to use Ulupalakua as an appellation of origin for wines made primarily from grapes grown within the Ulupalakua AVA if the wines meet the eligibility requirements for the appellation.
Regulatory Flexibility Act TTB certifies that this regulation will not have a significant economic impact on a substantial number of small entities. The regulation imposes no new reporting, recordkeeping, or other administrative requirement. Any benefit derived from the use of an AVA name would be the result of a proprietors efforts and consumer acceptance of wines from that area. Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this final 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 Karen A. Thornton of the Regulations and Rulings Division drafted this final rule.
List of Subjects in 27 CFR Part 9
Wine.
For the reasons discussed in the preamble, TTB amends title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:

Authority: 27 U.S.C. 205.

E:FRFM01JYR1.SGM

01JYR1