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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules
several types of brandy specifically neutral brandy, pomace brandy, marc brandy, grappa brandy, Pisco, Pisco Peru, and Pisco Chileno that are exempt from this requirement. Because the Bolivian standards for Singani contain no specific aging requirements, TTB is proposing to amend 5.22d1
to clarify that Singani is likewise exempt from the requirement that it be labeled with the word immature.
Effect on Currently Approved Labels If finalized, this amendment to the TTB regulations would revoke by operation of regulation any COLA that uses the term Singani as a designation for a distilled spirits product that was not manufactured in Bolivia in accordance with the laws and regulations of Bolivia governing the manufacture of Singani for consumption in that country. TTB has searched its COLA database and does not believe that this rulemaking will affect any existing labels.
Public Participation Comments Invited
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TTB invites comments from interested members of the public on this proposed rule, including on whether the proposed amendment would have an adverse impact on owners of U.S. trademarks and on the extent to which distilled spirits labeled as Singani are produced outside Bolivia. Although information currently before TTB
suggests that all distilled spirits currently sold in the United States with Singani on the label are produced in Bolivia, comments on the extent of production of Singani outside Bolivia, and on whether any existing labels will be affected by this proposal, will assist TTB in determining whether Singani should be recognized as a distinctive product of Bolivia.
TTB is also soliciting comments on its proposal to authorize a minimum bottling proof of 35 percent alcohol by volume or 70 proof for Singani.
Because Bolivian standards authorize this 70 proof minimum, TTB is proposing to authorize the same minimum for purposes of the TTB
regulations, even though 5.22d generally requires that brandies be bottled at not less than 80 proof.
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
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No. 205 and must be submitted or postmarked by the closing date shown in the DATES section of this document.
You may upload or include attachments with your comment. You also may submit a comment requesting a public hearing on this proposal. The TTB
Administrator reserves the right to determine whether to hold a public hearing. If TTB schedules a public hearing, it will publish a notice of the date, time, and place for the hearing in the Federal Register.
Confidentiality and Disclosure of Comments All submitted comments and attachments are part of the rulemaking record and are subject to public disclosure. Do not enclose any material in your comments that you consider confidential or that is inappropriate for disclosure.
TTB will post, and you may view, copies of this document, its 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 TTBs Regulations and Rulings division by email using the web form available at https www.ttb.gov/
contact-rrd, or by telephone at 202453
2265, if you have any questions regarding comments 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 Pursuant to the requirements of the Regulatory Flexibility Act 5 U.S.C.
chapter 6, TTB certifies that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities.
The proposed rule only amends the standards of identity for brandy at 27
CFR 5.22d and imposes no new reporting, recordkeeping, or other administrative requirements. Therefore, no regulatory flexibility analysis is required.
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 Trevar D. Kolodny of the Regulations and Rulings Division, Alcohol and
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Tobacco Tax and Trade Bureau, drafted this notice of proposed rulemaking.
List of Subjects in 27 CFR Part 5
Advertising, Alcohol and alcoholic beverages, Consumer protection, Customs duties and inspection, Imports, Labeling, Liquors, Packaging and containers, and Reporting and recordkeeping requirements.
Proposed Regulatory Amendment For the reasons discussed in the preamble, TTB proposes to amend title 27, chapter I, part 5, Code of Federal Regulations, as follows:
PART 5LABELING 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.

Subpart CStandards of Identity for Distilled Spirits 2. Section 5.22 is amended by:
a. Revising paragraph d introductory text;
b. In paragraph d1, revising the third sentence; and c. Adding new paragraph d10.
The revisions and addition read as follows:

5.22

The standards of identity.

d Class 4; brandy. Brandy is an alcoholic distillate from the fermented juice, mash, or wine of fruit, or from the residue thereof, produced at less than 190 proof in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to the product, and bottled at not less than 80 proof except as otherwise provided in paragraph d10 of this section.
Brandy, or mixtures thereof, not conforming to any of the standards in paragraphs d1 through 10 of this section shall be designated as brandy, and such designation shall be immediately followed by a truthful and adequate statement of composition.
1 Fruit brandy, derived from grapes, shall be designated as grape brandy or brandy, except that in the case of brandy other than neutral brandy, pomace brandy, marc brandy, grappa brandy, Pisco, Pisco Peru, Pisco Chileno, or Singani distilled from the fermented juice, mash, or wine of grapes, or the residue thereof, which has been stored in oak containers for less than 2 years, the statement of class and type shall be immediately preceded, in
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