Proposed Establishment of the Ulupalakua Viticultural Area
| Published date | 10 November 2020 |
| Citation | 85 FR 71726 |
| Record Number | 2020-24143 |
| Section | Proposed rules |
| Court | Alcohol And Tobacco Tax And Trade Bureau |
71726
Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Proposed Rules
via Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab.
•U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005.
Please submit your comments by the
closing date shown above in this notice.
Your comments must reference Notice
No. 198 and include your name and
mailing address. Your comments also
must be made in English, be legible, and
be written in language acceptable for
public disclosure. TTB does not
acknowledge receipt of comments, and
TTB considers all comments as
originals.
In your comment, please clearly state
if you are commenting for yourself or on
behalf of an association, business, or
other entity. If you are commenting on
behalf of an entity, your comment must
include the entity’s name, as well as
your name and position title. If you
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enter the entity’s name in the
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comment form. If you comment via
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please submit your entity’s comment on
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You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this notice, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2020–
0013 on the Federal e-rulemaking
portal, Regulations.gov, at http://
www.regulations.gov. A direct link to
that docket is available on the TTB
website at https://www.ttb.gov/wine/
wine_rulemaking.shtml under Notice
No. 198. You may also reach the
relevant docket through the
Regulations.gov search page at http://
www.regulations.gov. For information
on how to use Regulations.gov, click on
the website’s ‘‘Help’’ tab.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
or material that the Bureau considers
unsuitable for posting.
You may also obtain copies of this
proposed rule, all related petitions,
maps and other supporting materials,
and any electronic or mailed comments
that TTB receives about this proposal at
20 cents per 8.5- x 11-inch page. Please
note that TTB is unable to provide
copies of USGS maps or any similarly-
sized documents that may be included
as part of the AVA petition. Contact
TTB’s Regulations and Rulings Division
by email using the web form at https://
www.ttb.gov/contact-rrd, or by
telephone at 202–453–1039, ext. 175, to
request copies of comments or other
materials.
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.
The proposed 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 proprietor’s
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
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
Karen A. Thornton of the Regulations
and Rulings Division drafted this notice
of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, Code of Federal
Regulations, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
■1. The authority citation for part 9
continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
■2. Section 9.95 is amended by adding
paragraph (b)(9), revising paragraphs
(c)(4) and (5), redesignating paragraphs
(c)(6) through (12) as paragraphs (c)(7)
through (13), and adding new
paragraph(c)(6) to read as follows:
§ 9.95 Clarksburg.
* * * * *
(b) * * *
(9) Rio Vista, Calif., 1978 (minor
revision 1993).
(c) * * *
(4) Then south along Miner Slough to
the point where it joins Cache Slough.
(5) Then south along Cache Slough to
the point where it joins the Sacramento
River.
(6) Then east, then generally
northeasterly along the meandering
Sacramento River to the point where it
meets the Delta Cross Channel at the
Southern Pacific Railroad.
* * * * *
Signed: September 5, 2020.
Mary G. Ryan,
Administrator.
Approved: October 9, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2020–24140 Filed 11–9–20; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2020–0014; Notice No.
199]
RIN 1513–AC65
Proposed Establishment of the
Ulupalakua Viticultural Area
AGENCY
: Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION
: Notice of proposed rulemaking.
SUMMARY
: The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 70-acre
‘‘Ulupalakua’’ viticultural area on the
island of Maui, Hawaii. The proposed
viticultural area is not within any other
established viticultural area. TTB
designates viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase. TTB invites comments on this
proposed addition to its regulations.
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1
www.huapala.org/UL//Ulupalakua.html.
2
See Figure 7 of the petition in Docket TTB–
2020–0014 at https://www.regulations.gov.
3
The property is no available on the real estate
website, but a copy of the original real estate listing
Continued
DATES
: Comments must be received by
January 11, 2021.
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–2020–0014 as posted
on Regulations.gov (https://
www.regulations.gov), the Federal e-
rulemaking portal. Please see the
‘‘Public Participation’’ section of this
document below for full details on how
to comment on this proposal via
Regulations.gov, or U.S. mail, and for
full details on how to obtain copies of
this document, its supporting materials,
and any comments related to this
proposal.
FOR FURTHER INFORMATION CONTACT
:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION
:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated the functions
and duties in the administration and
enforcement of these provisions to the
TTB Administrator through Treasury
Order 120–01, dated December 10, 2013,
(superseding Treasury Order 120–01,
dated January 24, 2003).
Part 4 of the TTB regulations (27 CFR
part 4) authorizes TTB to establish
definitive viticultural areas and regulate
the use of their names as appellations of
origin on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) sets forth
standards for the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas (AVAs) and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features, as described in
part 9 of the regulations, and a name
and a delineated boundary, as
established in part 9 of the regulations.
These designations allow vintners and
consumers to attribute a given quality,
reputation, or other characteristic of a
wine made from grapes grown in an area
to the wine’s geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA is
neither an approval nor an endorsement
by TTB of the wine produced in that
area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and provides that any interested party
may petition TTB to establish a grape-
growing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes the standards for petitions for
the establishment or modification of
AVAs. Petitions to establish an AVA
must include the following:
•Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
•An explanation of the basis for
defining the boundary of the proposed
AVA;
•A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA;
•The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
•A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Ulupalakua Petition
TTB received a petition from Mark
Beaman, winemaker at Maui Wines,
proposing the establishment of the
‘‘Ulupalakua’’ AVA. The proposed
Ulupalakua AVA is located within the
privately-owned, 18,000-acre
Ulupalakua Ranch on the island of
Maui, Hawaii. The proposed AVA
contains approximately 70 acres, with
approximately 16 acres of vineyards.
The petition notes that an additional 5
acres of land within the proposed AVA
have been prepared with trellising and
irrigation in preparation for vineyard
expansion. Three other parcels
averaging two acres each have also been
surveyed for future planting within the
proposed AVA. Grape varietals grown
within the proposed AVA include
Gewurztraminer, Chenin Blanc,
Viognier, Grenache, Malbec, and Syrah.
Although there is no winery within the
boundary of the proposed AVA, grapes
from the proposed AVA are made into
wine at the Maui Wines facility, which
is a short distance south of the proposed
AVA.
According to the petition, the
distinguishing features of the proposed
Ulupalakua AVA include its
topography, soils, and climate. Unless
otherwise noted, all information and
data pertaining to the proposed AVA
contained in this document are from the
petition for the proposed Ulupalakua
AVA and its supporting exhibits.
Name Evidence
The term ‘‘Ulupalakua’’ translates
from the Hawaiian language as
‘‘breadfruit ripened on the back.’’ The
petition states that local folklore tells
how an ancient Maui chief would
request breadfruit, his favorite fruit, be
picked on the far eastern side of Maui
and brought to his home on the western
side of the island. The harvesters would
gather unripe fruit, which would ripen
by the time they had reached the area
that came to be called Ulupalakua.
Although there is a town several miles
south of the proposed AVA called
Ulupalakua, the petition provided
evidence that the name ‘‘Ulupalakua’’
applies to a region larger than just the
town. For example, the proposed
Ulupalakua AVA is located on the
Ulupalakua Ranch, which the petition
states was so named in 1922 to honor
the land’s history. In 1947, after a visit
to the region, Hawaiian composer John
P. Watkins was inspired to write a song
called ‘‘Ulupalakua.’’
1
A scenic
overlook just north of the proposed
AVA is labeled ‘‘Ulupalakua Scenic
Overlook’’ on Google Maps.
2
A real
estate website describes a house for sale
north of both the town of Ulupalakua
and the proposed AVA as ‘‘a real
Ulupalakua gem.’’
3
The petition also
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is available in Docket TTB–2020–0014 at https://
www.regulations.gov.
4
http://mauiguidebook.com/adventures/
grandmas-ulupalakua.
5
www.wine-searcher.com/regions-ulupalakua.
6
https://treelinebackpacker.com/2013/05/06/
calculate-temperatures-change-with-elevation.
7
http://napavalleyregister.com/business/maui-
winemakers-make-a-splash-with-pineapple-wines-
and-island/article_48281276-094c-5fec-80d9-
18be5666b9cf.html.
8
www.huapala.org/UL//Ulupalakua.html.
9
The information was collected from the almanac
on The Weather Channel’s website, which did not
provide the period of record for the data. For
Ulupalakua data, see https://weather.com/weather/
monthly/l/’Ulupalakua+USHI0343:27:US. For
Keokea data, see https://weather.com/weather/
monthly/l/USHI0220:1:US.
included a Maui guidebook excerpt
titled ‘‘Keokea through Ulupalakua.’’
The excerpt states, ‘‘[b]etween
Grandma’s [Coffee House] and the
Tedeschi Winery is the larger area
called Ulupalakua.’’
4
TTB notes that
Grandma’s Coffee House is located in
Keokea, north of the proposed AVA, and
the Tedeschi Winery, now called Maui
Wines, is located just south of the
proposed AVA and north of the town of
Ulupalakua. Finally, the wine-oriented
website Wine-Searcher describes
Ulupalakua as ‘‘the only wine region of
Hawaii’’ and notes that ‘‘Tedeschi
Vineyards’ Maui winery, part of the
Ulupalakua Ranch Site, * * * makes
both grape and pineapple wines.’’
5
Boundary Evidence
The proposed Ulupalakua AVA is
located on the southwestern slopes of
Mt. Haleakala and encompasses a series
of bench lands that are fully surrounded
by steeper, more rugged terrain. The
proposed northern and southern
boundaries approximate ravines, which
mark the northern and southern edges of
the bench lands. The proposed eastern
boundary is marked by a highway,
beyond which the elevation rises
steeply. The western boundary follows
an elevation contour, beyond which
slope angles and the number of drainage
and erosional features increase.
Distinguishing Features
The distinguishing features of the
proposed Ulupalakua AVA are its
topography, soils, and climate.
Topography
The proposed Ulupalakua AVA
contains a series of four distinct benches
that are oriented to the southwest. The
benches are gently sloped, with slope
angles between 0 and 5 percent, and are
separated by more steeply sloped
erosional ravines. The petition states
that the gentle slopes of the benches
minimize the risk of erosion and
facilitate safe agriculture. The open, less
steep terrain also allows vineyards
planted on the benches to receive
uniform amounts of sunlight, rainfall,
and temperature-moderating cloud
cover.
The proposed AVA is surrounded in
each direction by more steeply sloped,
mountainous terrain. To the west and
east of the proposed AVA, the slope
angles average 17 percent. To the north
and south of the proposed AVA, slope
angles average about 15 percent. The
regions to the north and west also
contain more erosional features, such as
ravines, that are less suited for
viticulture than the benches of the
proposed AVA. The region to the south
of the proposed AVA features another
ravine comprised of rugged exposed
volcanic rocks, which are not well-
suited for viticulture.
Soils
According to the petition, soils within
the proposed Ulupalakua AVA formed
from the erosion of ancient alkali lava
flows from Mt. Haleakala. The most
prominent soil within the proposed
AVA is Kula loam, which makes up 80
percent of the soil. Kula loam is derived
from weathered basic igneous rock and
is well-drained and moderately rapid in
permeability. The top soil is typically 8
inches deep, with subsoils reaching
around 4 feet before hitting bedrock of
andesite and basalt. The remaining 20
percent of the soil of the proposed AVA
is comprised of the Io series. Soils of
this series are silt loams that gradually
acquire more clay deeper in the soil.
The top soil is about 10 inches, and
subsoils reach basalt and andesite
bedrock at around 4 feet. The petition
states that the soils of the proposed
AVA are fertile enough to produce
healthy vines and fruit without
promoting excessive vine and leaf
growth. Additionally, the uniformity of
the soils within the proposed AVA
results in a greater consistency in
growing conditions for vineyards than
can be found in the surrounding
regions.
To the south of the proposed
Ulupalakua AVA, the soil changes to
Kula very rocky loam. This soil consist
of very large volcanic rocks and
boulders which would not be suitable
for vineyards. To the west is a
continuation of the same Kula loam that
is found in the proposed AVA.
However, the petition notes that the top
soil in this region has been scoured by
erosion and thus would be thinner and
not as suitable for viticulture as the Kula
loam soils of the proposed AVA. The
petition did not provide information on
the soils to the north and east of the
proposed AVA.
Climate
The petition states that although most
people would consider Hawaii to be hot,
the proposed Ulupalakua AVA is cool
due to its elevation and proximity to the
10,000-foot Mt. Haleakala. The proposed
AVA sits at elevations between 1,560
and 1,850 feet above sea level. The
petition states that temperatures in Maui
typically drop 3.5 degrees Fahrenheit
for every 1,000 feet of elevation gained.
6
A 2003 article about Maui Wines notes
that ‘‘[m]ornings and late afternoons
tend to be cool at these elevations
* * *.’’
7
The petition notes that the
mild temperatures of the region are even
described in John Watkin’s song
‘‘Ulupalakua’’, which contains the line,
‘‘[f]amous is Ulupalakua, the pangs of
cold evening air * * *.’’
8
The petition provided information on
the average monthly high and low
temperatures, as well as the monthly
highest and lowest recorded
temperatures for the proposed AVA and
the region to the north.
9
Temperature
data was not provided for the regions to
the east, west, or south. The information
is summarized in the following tables.
T
ABLE
1—A
VERAGE
M
ONTHLY
H
IGH AND
L
OW
T
EMPERATURES IN
D
EGREES
F
AHRENHEIT
(F)
Month Proposed Ulupalakua AVA Keokea (North)
High Low High Low
January ............................................................................................................ 81 63 68 52
February ........................................................................................................... 81 63 68 52
March ............................................................................................................... 82 63 69 52
April .................................................................................................................. 83 64 70 53
May .................................................................................................................. 85 66 71 55
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10
See Albert J. Winkler et al., General Viticulture
(Berkeley: University of California Press, 2nd ed.
1974), pages 61–64.
11
The information came from
www.weatherbase.com. The website noted that the
Makena Bay data covered a period of 30 years, the
Polipoli Springs data covered a period of 47 years,
and the Ulupalakua data covered a period of 56
years. However, the exact years for each location
was not given.
T
ABLE
1—A
VERAGE
M
ONTHLY
H
IGH AND
L
OW
T
EMPERATURES IN
D
EGREES
F
AHRENHEIT
(F)—Continued
Month Proposed Ulupalakua AVA Keokea (North)
High Low High Low
June ................................................................................................................. 87 67 73 56
July ................................................................................................................... 87 68 74 57
August .............................................................................................................. 88 69 75 58
September ....................................................................................................... 87 69 75 58
October ............................................................................................................ 87 68 74 57
November ........................................................................................................ 84 67 72 56
December ........................................................................................................ 82 65 69 53
T
ABLE
2—M
AXIMUM
M
ONTHLY
H
IGH AND
L
OW
R
ECORDED
T
EMPERATURES IN
D
EGREES
F
Month Proposed Ulupalakua AVA Keokea (North)
High Low High Low
January ............................................................................................................ 91 54 84 38
February ........................................................................................................... 91 54 81 41
March ............................................................................................................... 89 54 82 41
April .................................................................................................................. 89 58 77 37
May .................................................................................................................. 90 54 78 48
June ................................................................................................................. 91 62 81 50
July ................................................................................................................... 93 62 80 50
August .............................................................................................................. 94 62 82 51
September ....................................................................................................... 94 61 81 49
October ............................................................................................................ 92 61 83 48
November ........................................................................................................ 90 56 81 47
December ........................................................................................................ 89 57 80 41
The data shows that the proposed
Ulupalakua AVA has generally mild
temperatures, with a 20 degree or less
difference between the average high and
average low temperatures for any given
month. The average monthly low
temperatures and lowest recorded
monthly temperatures within the
proposed AVA do not drop below 50
degrees F, which is generally considered
to be the minimum temperature
required for vine growth and fruit
development.
10
By contrast, Keokea,
which is located to the north of the
proposed AVA and at higher elevations,
recorded substantially lower
temperatures than the proposed AVA
for each category, including
temperatures below 50 degrees F.
According to the petition, the lack of
extremes in temperatures within the
proposed AVA protect ripening fruit
against sunburn and heat stress.
The petition also included
information on the average monthly
precipitation amounts for the proposed
Ulupalakua AVA and the regions to the
east and west. Precipitation amounts
were not provided for the regions to the
south and north. The information is
summarized in the following table.
T
ABLE
3—A
VERAGE
P
RECIPITATION
A
MOUNTS IN
I
NCHES
11
Month Proposed
Ulupalakua
AVA
Makena Bay
(West)
Polipoli
Springs
(East)
January ........................................................................................................................................ 4.9 2.8 9.8
February ....................................................................................................................................... 3 1.4 7.5
March ........................................................................................................................................... 3.1 1.6 4.8
April .............................................................................................................................................. 2.5 0.7 4.7
May .............................................................................................................................................. 1.8 0.9 3.1
June ............................................................................................................................................. 1.4 0.4 1.6
July ............................................................................................................................................... 1.8 0.6 2.4
August .......................................................................................................................................... 1.7 0.6 2.6
September ................................................................................................................................... 2.3 0.9 2.5
October ........................................................................................................................................ 2.2 1.6 2.9
November .................................................................................................................................... 2.6 1.7 3.2
December .................................................................................................................................... 3.4 2.9 5.6
Annual ................................................................................................................................... 30.7 16.1 50.6
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The data in the table shows that the
proposed Ulupalakua AVA receives
substantially more precipitation than
the region to the west and less than the
region to the east. The petition notes
that the differences in rainfall are due to
the orographic effects of Mt. Haleakala.
As the moist air moves from east to west
over the mountain, locations at higher
elevations, such as Polipoli Springs,
receive more rainfall than regions at
lower elevations, such as Makena Bay
on the coast. Ulupalakua, which is
located at elevations higher than
Makena Bay and lower than Polipoli
Springs, receives almost twice as much
annual rainfall as the lower location and
over half as much as the higher location.
The petition states that the lower
rainfall amounts within the proposed
AVA, particularly during the harvest
season of June through August, reduce
the risk of mildew and rot.
Summary of Distinguishing Features
In summary, the topography, soils,
and climate of the proposed Ulupalakua
AVA distinguish it from the
surrounding regions. The proposed
Ulupalakua AVA is characterized by a
series of four gently sloped benches
comprised of Kula loam and Io soils.
Average temperatures are moderate and
do not drop below 50 degrees F. Annual
precipitation amounts within the
proposed AVA are moderate, averaging
30.7 inches.
To the north of the proposed AVA,
the slopes are steeper and average about
15 percent. Average temperatures are
cooler than within the proposed AVA
and do drop below 50 degrees F. To the
east of the proposed AVA, on the higher
elevations of Mt. Haleakala, the slope
angles average 17 percent. Annual
precipitation amounts are significantly
higher, averaging 50.6 inches. To the
south of the proposed AVA, slope
angles average about 15 percent, and the
soil changes to Kula very rocky loam,
which consists of large volcanic rocks
and boulders. To the west of the
proposed AVA, slope angles average 17
percent. Soils to the west of the
proposed AVA are a continuation of the
Kula loam soils, but much of the top soil
has been scoured by erosion. Annual
rainfall amounts are lower than within
the proposed AVA, averaging 16.1
inches.
TTB Determination
TTB concludes that the petition to
establish the 70-acre Ulupalakua AVA
merits consideration and public
comment, as invited in this notice of
proposed rulemaking.
Boundary Description
See the narrative description of the
boundary of the petitioned-for AVA in
the proposed regulatory text published
at the end of this proposed rule.
Maps
The petitioner provided the required
maps, and they are listed below in the
proposed regulatory text. You may also
view the proposed Ulupalakua AVA
boundary on the AVA Map Explorer on
the TTB website, at https://www.ttb.gov/
wine/ava-map-explorer.
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 wine’s true place of origin. For a
wine to be labeled with 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 § 4.25(e)(3) of the TTB
regulations (27 CFR 4.25(e)(3)). 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
label approved before July 7, 1986. See
§ 4.39(i)(2) of the TTB regulations (27
CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA,
its name, ‘‘Ulupalakua,’’ will be
recognized as a name of viticultural
significance under § 4.39(i)(3) of the
TTB regulations (27 CFR 4.39(i)(3)). The
text of the proposed regulation clarifies
this point. Consequently, wine bottlers
using the name ‘‘Ulupalakua’’ in a brand
name, including a trademark, or in
another label reference as to the origin
of the wine, would have to ensure that
the product is eligible to use the AVA
name as an appellation of origin if this
proposed rule is adopted as a final rule.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should establish the proposed
Ulupalakua AVA. TTB is also interested
in receiving comments on the
sufficiency and accuracy of the name,
boundary, soils, climate, topography,
and other required information
submitted in support of the petition.
Please provide any available specific
information in support of your
comments.
Because of the potential impact of the
establishment of the proposed
Ulupalakua AVA on wine labels that
include the term ‘‘Ulupalakua’’ as
discussed above under Impact on
Current Wine Labels, TTB is
particularly interested in comments
regarding whether there will be a
conflict between the proposed AVA
name and currently used brand names.
If a commenter believes that a conflict
will arise, the comment should describe
the nature of that conflict, including any
anticipated negative economic impact
that approval of the proposed AVA will
have on an existing viticultural
enterprise. TTB is also interested in
receiving suggestions for ways to avoid
conflicts, for example, by adopting a
modified or different name for the
proposed AVA.
Submitting Comments
You may submit comments on this
notice by using one of the following two
methods:
•Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this notice
within Docket No. TTB–2020–0014 on
‘‘Regulations.gov,’’ the Federal e-
rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 199 on the TTB website at https://
www.ttb.gov/wine/wine-
rulemaking.shtml. Supplemental files
may be attached to comments submitted
via Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab at the top of the page.
•U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005.
Please submit your comments by the
closing date shown above in this notice.
Your comments must reference Notice
No. 199 and include your name and
mailing address. Your comments also
must be made in English, be legible, and
be written in language acceptable for
public disclosure. TTB does not
acknowledge receipt of comments, and
TTB considers all comments as
originals.
In your comment, please clearly state
if you are commenting for yourself or on
behalf of an association, business, or
other entity. If you are commenting on
behalf of an entity, your comment must
include the entity’s name, as well as
your name and position title. If you
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Proposed Rules
comment via Regulations.gov, please
enter the entity’s name in the
‘‘Organization’’ blank of the online
comment form. If you comment via
postal mail or hand delivery/courier,
please submit your entity’s comment on
letterhead. You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this notice, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2020–
0014 on the Federal e-rulemaking
portal, Regulations.gov, at https://
www.regulations.gov. A direct link to
that docket is available on the TTB
website at https://www.ttb.gov/wine/
wine_rulemaking.shtml under Notice
No. 199. You may also reach the
relevant docket through the
Regulations.gov search page at https://
www.regulations.gov. For information
on how to use Regulations.gov, click on
the site’s ‘‘Help’’ tab.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
or material that the Bureau considers
unsuitable for posting.
You may also obtain copies of this
proposed rule, all related petitions,
maps and other supporting materials,
and any electronic or mailed comments
that TTB receives about this proposal at
20 cents per 8.5- x 11-inch page. Please
note that TTB is unable to provide
copies of USGS maps or any similarly-
sized documents that may be included
as part of the AVA petition. Contact
TTB’s Regulations and Rulings Division
by email using the web form at https://
www.ttb.gov/contact-rrd, or by
telephone at 202–453–1039, ext. 175, to
request copies of comments or other
materials.
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.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name would be the result of a
proprietor’s 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
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
Karen A. Thornton of the Regulations
and Rulings Division drafted this notice
of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, Code of Federal
Regulations, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
■1. The authority citation for part 9
continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
■2. Subpart C is amended by adding
§9.ll to read as follows:
§9.ll Ulupalakua.
(a) Name. The name of the viticultural
area described in this section is
‘‘Ulupalakua’’. For purposes of part 4 of
this chapter, ‘‘Ulupalakua’’ is a term of
viticultural significance.
(b) Approved maps. The United States
Geological Survey (USGS) 1:24,000
scale topographic map used to
determine the boundary of the
Ulupalakua viticultural area is titled
‘‘Makena, Hawaii, 1983.’’
(c) Boundary. The Ulupalakua
viticultural area is located on the island
of Maui, in Hawaii. The boundary of the
Ulupalakua viticultural area is as
described below:
(1) The beginning point is on the
Makena, Hawaii, map at the intersection
of an unnamed, light-duty road known
locally as State Highway 37 and the
northernmost unnamed, unimproved
road in the Palauea land division (a land
division is known as an ‘‘ahupua’a’’ in
Hawaii). From the beginning point,
proceed south along State Highway 37
to the next unnamed, unimproved road
in the Palauea land division; then
(2) Proceed west in a straight line for
approximately 2,700 feet to the 1,560-
foot elevation contour; then
(3) Proceed north along the 1,560-foot
elevation contour to the northern
boundary of the Palauea land division;
then
(4) Proceed east along the northern
boundary of the Palauea land division to
the 1,800-foot elevation contour; then
(5) Proceed south along the 1,800-foot
elevation contour for approximately 400
feet to the point where the 1,800-foot
elevation contour intersects with an
imaginary line drawn from the terminus
of the northernmost unnamed,
unimproved road in the Palauea land
division; then
(6) Proceed east in a straight line for
approximately 800 feet, returning to the
beginning point.
Signed: August 14, 2020.
Mary G. Ryan,
Administrator.
Approved: October 9, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2020–24143 Filed 11–9–20; 8:45 am]
BILLING CODE 4810–31–P
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