Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS

In response to these submissions, TTB
issued letters in February and October of 2017, in which TTB addressed the petitioners request for rulemaking and identified several deficiencies in the petition and its supporting documents.
For instance, TTB noted that the submitted documents lacked substantiating information regarding Bolivias standards for the production of Singani. Accordingly, TTB did not undertake rulemaking at that time to amend its regulations as proposed in Singani 63s petition.
TTB subsequently received a joint petition from Singani 63 and Bolivia in November 2018, again proposing that TTB recognize Singani as a type of brandy that is a distinctive product of Bolivia. The 2018 joint petition contained additional information in support of its regulatory proposal, including official translations of Bolivian laws and decrees governing the production of Singani.
2020 U.S.-Bolivian Exchange of Letters on Unique Distilled Spirits Following discussions between officials of Bolivia and the Office of the United States Trade Representative USTR, and after consultations between USTR and TTB, the United States Trade Representative and Bolivias Minister of Foreign Affairs exchanged letters on January 6, 2020. The exchange of letters agreed upon a procedure that could potentially lead each party to recognize as distinctive certain distilled spirits products produced in the other partys territory.
The exchange of letters provides that the United States shall endeavor to publish a Notice of Proposed Rulemaking to promulgate a regulation that would provide that Singani is a type of brandy that is a distinctive product of Bolivia. The exchange of letters further provides that if, following this proposed rule, the United States publishes a final rule announcing the promulgation of a regulation establishing Singani as a type of brandy that is a distinctive product of Bolivia, then Bolivia shall, within thirty 30
days thereafter, recognize Bourbon Whiskey and Tennessee Whiskey as distinctive products of the United States. Following such recognition, Bolivia shall prohibit the sale within Bolivia of any product as Bourbon, Bourbon Whiskey, or Tennessee Whiskey, if it has not been manufactured in the United States in accordance with the laws and regulations of the United States governing the manufacture of Bourbon Whiskey and Tennessee Whiskey. These protections also apply to products
VerDate Sep<11>2014

16:13 Aug 24, 2021

Jkt 253001

spelled as Bourbon Whisky or Tennessee Whisky.
Singani Production The Bolivian decrees and regulations submitted with the 2018 joint petition, which are included in the rulemaking docket, establish that Bolivia defines Singani as a brandy product of Bolivia. Of the Bolivian decrees and regulations submitted, Bolivian Standard NB 324001 contains the most specific standards for Singani. Among other requirements, NB 324001 requires that Singani be obtained exclusively from vitis vinifera grapes grown in the traditional zones of origin at a minimum altitude of 1,600 meters above sea level. NB 324001 lists several different categories of Singani, some of which have more specific requirements, such as requiring the product to be made from Muscat of Alexandria grapes specifically. NB 324001 classifies Singani in the group Brandies and liquors.
In a prior rulemaking, TTB has distinguished Singani from Pisco, which is a type of grape brandy manufactured in Peru or Chile in accordance with the laws and regulations of those countries.
In 2013, TTB updated its labeling regulations to add Pisco as a type of brandy that is manufactured only in Peru and Chile. In regard to brandy produced in Bolivia, TTB determined that it would not recognize Pisco as a type of brandy produced in that country. See T.D. TTB113 78 FR
28739, May 16, 2013. TTB stated that Bolivia maintains standards for Singani but not for Pisco, and cited other evidence suggesting that Pisco and Singani are different products.
TTB Regulatory Proposal After reviewing the petitions, the regulations on the standards of identity in 27 CFR part 5, TTBs Certificate of Label Approval COLA database, the exchange of letters between USTR and Bolivias Minister of Foreign Affairs, and the relevant laws and regulations of Bolivia, TTB has determined that amending the standards of identity regulations at 5.22 to recognize Singani as a distinctive product of Bolivia merits consideration and public comment, as invited in this notice of proposed rulemaking.
TTB believes that Singani generally meets the U.S. standard for brandy and should be classified as a type of brandy.
TTB also believes that evidence suggests that the generally recognized geographical limits of the Singaniproducing areas do not extend beyond the boundaries of Bolivia, and that Singani production is not associated
PO 00000

Frm 00034

Fmt 4702

Sfmt 4702

47431

with any areas outside of Bolivia.
Moreover, the results of a search of TTBs COLA database did not show any approved COLAs that use the term Singani as the brand name or fanciful name, or as part of the brand name or fanciful name, for distilled spirits produced outside Bolivia.
Therefore, this document proposes to amend the standard of identity in 5.22d by adding Singani as a type of brandy derived from grapes that is manufactured in Bolivia in compliance with the laws and regulations of Bolivia governing the manufacture of Singani for consumption in that country. If TTB
recognizes Singani as a type of brandy as proposed, it would be permissible for Singani imported and sold within the United States to simply be labeled as Singani without the term brandy on the label, in the same way that products labeled with such type designations as Cognac or Pisco are not required to also bear the designation brandy.
The other geographically distinctive types of brandy defined in 5.22d, Cognac and Pisco, are defined as grape brandies distinct to their respective places of origin. However, given that Singani could also meet the criteria of other types of brandies such as pomace brandy under 5.22d5, depending on the amount of pomace used, the proposed regulatory language describes Singani as brandy derived from grapes rather than as a grape brandy.
TTB notes that the Bolivian standard allows products designated as Singani to have an alcohol content ranging from 35 to 45 percent alcohol by volume, depending on the type of Singani produced. Because the Bolivian standard allows Singani to have an alcohol content as low as 35 percent alcohol by volume or 70 proof, TTB
is proposing to exempt Singani from the general requirement that brandy be bottled at not less than 80 proof 40
percent alcohol by volume and is instead proposing a standard for Singani that would include products bottled at not less than 70 proof 35 percent alcohol by volume in accordance with the laws and regulations of Bolivia. TTB
regulations have not previously authorized bottling proofs for a type of product that are below the minimum prescribed for the products class designation, even when a foreign standard permits a lower proof, so TTB
is soliciting comment on authorizing this standard for Singani.
In addition, the regulation at 5.22d1 generally requires that brandy derived from grapes that has been stored in oak containers for less than two years must be labeled with the word immature. However, it also lists
E:FRFM25AUP1.SGM

25AUP1