Proposed Establishment of the Ulupalakua Viticultural Area, 71726-71731 [2020-24143]
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Proposed Rules
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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 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. 198. 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 website’s ‘‘Help’’ tab.
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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 similarlysized 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.
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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
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
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.
SUMMARY:
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Proposed Rules
Comments must be received by
January 11, 2021.
DATES:
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 erulemaking 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.
ADDRESSES:
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
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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.
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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 grapegrowing 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
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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
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
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Proposed Rules
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 wellsuited 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.
TABLE 1—AVERAGE MONTHLY HIGH AND LOW TEMPERATURES IN DEGREES FAHRENHEIT (F)
Proposed Ulupalakua AVA
Keokea (North)
Month
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High
January ............................................................................................................
February ...........................................................................................................
March ...............................................................................................................
April ..................................................................................................................
May ..................................................................................................................
is available in Docket TTB–2020–0014 at https://
www.regulations.gov.
4 https://mauiguidebook.com/adventures/
grandmas-ulupalakua.
5 www.wine-searcher.com/regions-ulupalakua.
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Low
81
81
82
83
85
6 https://treelinebackpacker.com/2013/05/06/
calculate-temperatures-change-with-elevation.
7 https://napavalleyregister.com/business/mauiwinemakers-make-a-splash-with-pineapple-winesand-island/article_48281276-094c-5fec-80d918be5666b9cf.html.
8 www.huapala.org/UL//Ulupalakua.html.
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High
63
63
63
64
66
Low
68
68
69
70
71
52
52
52
53
55
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.
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TABLE 1—AVERAGE MONTHLY HIGH AND LOW TEMPERATURES IN DEGREES FAHRENHEIT (F)—Continued
Proposed Ulupalakua AVA
Keokea (North)
Month
High
June .................................................................................................................
July ...................................................................................................................
August ..............................................................................................................
September .......................................................................................................
October ............................................................................................................
November ........................................................................................................
December ........................................................................................................
Low
High
87
87
88
87
87
84
82
67
68
69
69
68
67
65
Low
73
74
75
75
74
72
69
56
57
58
58
57
56
53
TABLE 2—MAXIMUM MONTHLY HIGH AND LOW RECORDED TEMPERATURES IN DEGREES F
Proposed Ulupalakua AVA
Keokea (North)
Month
High
January ............................................................................................................
February ...........................................................................................................
March ...............................................................................................................
April ..................................................................................................................
May ..................................................................................................................
June .................................................................................................................
July ...................................................................................................................
August ..............................................................................................................
September .......................................................................................................
October ............................................................................................................
November ........................................................................................................
December ........................................................................................................
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
Low
High
91
91
89
89
90
91
93
94
94
92
90
89
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
54
54
54
58
54
62
62
62
61
61
56
57
Low
84
81
82
77
78
81
80
82
81
83
81
80
38
41
41
37
48
50
50
51
49
48
47
41
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.
TABLE 3—AVERAGE PRECIPITATION AMOUNTS IN INCHES 11
Proposed
Ulupalakua
AVA
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Month
Makena Bay
(West)
Polipoli
Springs
(East)
January ........................................................................................................................................
February .......................................................................................................................................
March ...........................................................................................................................................
April ..............................................................................................................................................
May ..............................................................................................................................................
June .............................................................................................................................................
July ...............................................................................................................................................
August ..........................................................................................................................................
September ...................................................................................................................................
October ........................................................................................................................................
November ....................................................................................................................................
December ....................................................................................................................................
4.9
3
3.1
2.5
1.8
1.4
1.8
1.7
2.3
2.2
2.6
3.4
2.8
1.4
1.6
0.7
0.9
0.4
0.6
0.6
0.9
1.6
1.7
2.9
9.8
7.5
4.8
4.7
3.1
1.6
2.4
2.6
2.5
2.9
3.2
5.6
Annual ...................................................................................................................................
30.7
16.1
50.6
10 See Albert J. Winkler et al., General Viticulture
(Berkeley: University of California Press, 2nd ed.
1974), pages 61–64.
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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,
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and the Ulupalakua data covered a period of 56
years. However, the exact years for each location
was not given.
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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.
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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.
VerDate Sep<11>2014
18:17 Nov 09, 2020
Jkt 253001
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.
PO 00000
Frm 00010
Fmt 4701
Sfmt 4702
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 erulemaking 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/winerulemaking.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
E:\FR\FM\10NOP2.SGM
10NOP2
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.
jbell on DSKJLSW7X2PROD with PROPOSALS2
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 similarlysized documents that may be included
as part of the AVA petition. Contact
TTB’s Regulations and Rulings Division
VerDate Sep<11>2014
18:17 Nov 09, 2020
Jkt 253001
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
PO 00000
Frm 00011
Fmt 4701
Sfmt 9990
71731
‘‘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 1,560foot 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
E:\FR\FM\10NOP2.SGM
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]]>Agencies
[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Proposed Rules]
[Pages 71726-71731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24143]
-----------------------------------------------------------------------
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.
[[Page 71727]]
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
[[Page 71728]]
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\
---------------------------------------------------------------------------
\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 is available in Docket
TTB-2020-0014 at https://www.regulations.gov.
\4\ https://mauiguidebook.com/adventures/grandmas-ulupalakua.
\5\ www.wine-searcher.com/regions-ulupalakua.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\6\ https://treelinebackpacker.com/2013/05/06/calculate-temperatures-change-with-elevation.
\7\ https://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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
Table 1--Average Monthly High and Low Temperatures in Degrees Fahrenheit (F)
----------------------------------------------------------------------------------------------------------------
Proposed Ulupalakua AVA Keokea (North)
Month ---------------------------------------------------------------
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
[[Page 71729]]
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
----------------------------------------------------------------------------------------------------------------
Table 2--Maximum Monthly High and Low Recorded Temperatures in Degrees F
----------------------------------------------------------------------------------------------------------------
Proposed Ulupalakua AVA Keokea (North)
Month ---------------------------------------------------------------
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.
---------------------------------------------------------------------------
\10\ See Albert J. Winkler et al., General Viticulture
(Berkeley: University of California Press, 2nd ed. 1974), pages 61-
64.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
Table 3--Average Precipitation Amounts in Inches \11\
----------------------------------------------------------------------------------------------------------------
Proposed Makena Bay Polipoli
Month Ulupalakua AVA (West) 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
----------------------------------------------------------------------------------------------------------------
[[Page 71730]]
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 Sec. 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 Sec. 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 Sec.
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">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
[[Page 71731]]
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
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.__ to read as follows:
Sec. 9.__ 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
