Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules 47429

The Proposed Amendment (2) Where EASA AD 2021–0031 requires DEPARTMENT OF THE TREASURY Accordingly, under the authority compliance from its effective date, this AD requires using the effective date of this AD. Alcohol and Tobacco Tax and Trade delegated to me by the Administrator, (3) This AD does not require the Bureau the FAA proposes to amend 14 CFR part ‘‘Remarks’’ section of EASA AD 2021–0031. 39 as follows: (i) No Reporting Requirement 27 CFR Part 5 PART 39—AIRWORTHINESS Although the service information [Docket No. TTB–2021–0008; Notice No. DIRECTIVES referenced in EASA AD 2021–0031 specifies 205] to submit certain information to the ■ 1. The authority citation for part 39 RIN 1513–AC61 continues to read as follows: manufacturer, this AD does not include that requirement. Authority: 49 U.S.C. 106(g), 40113, 44701. Proposed Addition of Singani to the (j) Alternative Methods of Compliance Standards of Identity for Distilled § 39.13 [Amended] (AMOCs) Spirits ■ 2. The FAA amends § 39.13 by adding (1) The Manager, International Validation the following new airworthiness AGENCY: Alcohol and Tobacco Tax and Branch, FAA, has the authority to approve Trade Bureau, Treasury. directive: AMOCs for this AD, if requested using the ACTION: Notice of proposed rulemaking. Leonardo S.p.a.: Docket No. FAA–2021– procedures found in 14 CFR 39.19. In 0695; Project Identifier MCAI–2021– accordance with 14 CFR 39.19, send your SUMMARY: The Alcohol and Tobacco Tax 00096–R. request to your principal inspector or local and Trade Bureau (TTB) proposes to (a) Comments Due Date Flight Standards District Office, as amend the regulations that set forth the appropriate. If sending information directly The FAA must receive comments on this standards of identity for distilled spirits airworthiness directive (AD) by October 12, to the manager of the International Validation to include Singani as a type of brandy 2021. Branch, send it to the attention of the person that is a distinctive product of Bolivia. identified in paragraph (k)(2) of this AD. (b) Affected ADs This proposal follows a joint petition Information may be emailed to: 9-AVS-AIR- submitted by the Plurinational State of None. [email protected]. Bolivia and Singani 63, Inc., and (2) Before using any approved AMOC, (c) Applicability subsequent discussions with the Office notify your appropriate principal inspector, This AD applies to Leonardo S.p.a. Model of the United States Trade or lacking a principal inspector, the manager A109E helicopters, certificated in any Representative. TTB invites comments of the local flight standards district office/ category, with an affected part as identified on this proposed amendment to its certificate holding district office. in European Union Aviation Safety Agency regulations, including comments on its (EASA) AD 2021–0031, dated January 22, (k) Related Information proposal to authorize a minimum 2021 (EASA AD 2021–0031) installed. (1) For EASA AD 2021–0031, contact bottling proof of 35 percent alcohol by (d) Subject EASA, Konrad-Adenauer-Ufer 3, 50668 volume (or 70° proof) for Singani. Joint Aircraft Service Component (JASC) Cologne, Germany; telephone +49 221 8999 DATES: Comments must be received on Code: 6520, Tail Rotor Gearbox. 000; email [email protected]; internet or before October 25, 2021. (e) Unsafe Condition www.easa.europa.eu. You may view this ADDRESSES: You may electronically material at the FAA, Office of the Regional This AD was prompted by reports that submit comments to TTB on this certain tail rotor gearbox assemblies were Counsel, Southwest Region, 10101 Hillwood proposal, and view copies of this installed on Model A109E helicopters and Pkwy., Room 6N–321, Fort Worth, TX 76177. document, its supporting materials, and those parts are not approved for installation For information on the availability of this any comments TTB receives on it within on that helicopter model. Because tail rotor material at the FAA, call (817) 222–5110. Docket No. TTB–2021–0008 as posted at gearbox assembly part number (P/N) 109– This material may be found in the AD docket https://www.regulations.gov. A direct 0440–01–115 is not part of the type design at https://www.regulations.gov by searching for Model A109E helicopters, there are no link to that docket is available on the for and locating Docket No. FAA–2021–0695. TTB website at https://www.ttb.gov/ overhaul or life limits included in the (2) For more information about this AD, applicable maintenance manuals. The FAA is distilled-spirits/notices-of-proposed- contact Andrea Jimenez, Aerospace Engineer, issuing this AD to address installation of tail rulemaking under Notice No. 205. COS Program Management Section, rotor gearbox assembly P/N 109–0440–01– Alternatively, you may submit Operational Safety Branch, Compliance & 115 on Model A109E helicopters that do not comments via postal mail to the Airworthiness Division, FAA, 1600 Stewart have overhaul or life limits for that part. If Director, Regulations and Ruling Ave., Suite 410, Westbury, NY 11590; a tail rotor gearbox is not properly Division, Alcohol and Tobacco Tax and maintained it could fail, resulting in reduced telephone (516) 228–7330; email control of the helicopter. [email protected]. Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005. Please see (f) Compliance Issued on August 18, 2021. the Public Participation section of this Comply with this AD within the Ross Landes, document for further information on the compliance times specified, unless already Deputy Director for Regulatory Operations, comments requested regarding this done. Compliance & Airworthiness Division, proposal and on the submission, (g) Requirements Aircraft Certification Service. confidentiality, and public disclosure of Except as specified in paragraph (h) of this [FR Doc. 2021–18257 Filed 8–24–21; 8:45 am] comments. AD: Comply with all required actions and BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: compliance times specified in, and in Trevar D. Kolodny, Regulations and accordance with, EASA AD 2021–0031. Rulings Division, Alcohol and Tobacco (h) Exceptions to EASA AD 2021–0031 Tax and Trade Bureau, 1310 G Street (1) Where EASA AD 2021–0031 requires NW, Box 12, Washington, DC 20005; compliance in terms of flight hours, this AD telephone 202–453–2226. requires using hours time-in-service. SUPPLEMENTARY INFORMATION:

VerDate Sep<11>2014 16:13 Aug 24, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\25AUP1.SGM 25AUP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 47430 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules

Background on the Labeling of Distilled out in § 5.22, such as whisky, rum, gin, ‘‘immature.’’ The Bolivian standards Spirits and brandy. As used in § 5.22, the term submitted by petitioners contain no ‘‘type’’ refers to a subcategory within a aging requirements, and petitioners’ TTB Authority class of spirits. For example, ‘‘Cognac’’ submissions suggest that, unlike many Section 105(e) of the Federal Alcohol and ‘‘Pisco’’ are types of brandy, and grape brandies, Singani is generally not Administration Act (FAA Act), codified ‘‘Cachac¸a’’ is a type of rum. aged in wood. Accordingly, under in the United States Code at 27 U.S.C. The TTB labeling regulations at 27 current TTB regulations, a Singani 205(e), authorizes the Secretary of the CFR 5.32(a)(2) and 5.35 require that the product classified as a grape brandy Treasury (the Secretary) to prescribe class and type of distilled spirits appear under paragraph (d)(1) would need to be regulations relating to the packaging, on the product’s label. These regulations labeled as an immature brandy unless it marking, branding, labeling, and size provide that the class and type must be was aged in oak barrels for at least two and fill of containers of alcohol stated in conformity with § 5.22 of the years. beverages that will prohibit consumer TTB regulations if defined therein. According to information submitted deception and provide consumers with Otherwise, § 5.35 requires that the by the petitioners, under the standards adequate information as to the identity product must be designated in set forth by Bolivia, certain categories of and quality of the product. Section accordance with trade and consumer Singani may have a minimum alcohol 105(e) of the FAA Act also generally understanding thereof, or, if no such content by volume of as low as 35 requires bottlers and importers of understanding exists, by a distinctive or percent. However, under § 5.22(d), all alcohol beverages to obtain certificates fanciful name, and in either case (with brandy must be bottled at not less than of label approval (COLAs) prior to limited exceptions), followed by a 80° proof, or 40 percent alcohol by bottling or importing alcohol beverages truthful and adequate statement of volume. Thus, under TTB’s current for sale in interstate commerce. composition. TTB administers the FAA Act regulations, only Singani products pursuant to section 1111(d) of the Classification of Singani bottled at a minimum alcohol content by volume of 40 percent may be labeled Homeland Security Act of 2002, ‘‘Singani’’ is a term recognized by the codified at 6 U.S.C. 531(d). The as any of the types of brandy Plurinational State of Bolivia (Bolivia) specifically defined under the standard Secretary has delegated various as a designation for an alcohol beverage authorities through Treasury of identity in § 5.22(d). A Singani product that is distilled from grape wine product bottled at less than 40 percent Department Order 120–01 (Revised), or grape pomace and produced in dated December 10, 2013 (superseding alcohol by volume could be labeled as certain delimited parts of Bolivia. Under a ‘‘diluted’’ brandy in accordance with Treasury Department Order 120–01, current TTB distilled spirits labeling dated January 24, 2003), to the TTB Ruling 75–32 of the Bureau of Alcohol, regulations, Singani products are Tobacco and Firearms (ATF) (TTB’s Administrator to perform the functions generally classified as brandies. Section and duties in the administration and predecessor agency), or as a distilled 5.22(d) sets forth the standard of spirits specialty product bearing a enforcement of this law. identity for brandy as follows: Part 5 of title 27 of the Code of statement of composition and fanciful Federal Regulations (27 CFR part 5) sets Class 4; brandy. ‘‘Brandy’’ is an alcoholic name as required under § 5.35(a). distillate from the fermented juice, mash, or Possible statements of composition for forth the regulations implementing wine of fruit, or from the residue thereof, those provisions of section 105(e) of the ° such a specialty product could include produced at less than 190 proof in such ‘‘spirits distilled from grapes’’ or ‘‘grape FAA Act as they pertain to distilled manner that the distillate possesses the taste, spirits. aroma, and characteristics generally spirits.’’ attributed to the product, and bottled at not Singani Petitions and Letters Certificates of Label Approval less than 80° proof. Brandy, or mixtures TTB regulations at 27 CFR 5.51 thereof, not conforming to any of the Petitions and Related Letters prohibit the release of bottled distilled standards in paragraphs (d)(1) through (9) of TTB received a petition from Singani spirits from customs custody for this section shall be designated as ‘‘brandy’’, 63, a distilled spirits importer, dated consumption unless the person and such designation shall be immediately followed by a truthful and adequate November 18, 2014, proposing that TTB removing the distilled spirits has statement of composition. amend its regulations to recognize obtained and is in possession of a COLA Singani as a type of brandy that is a covering the product. The bottles must In § 5.22, paragraphs (d)(1) through (9) distinctive product of Bolivia. In bear labels identical to the labels categorize the specific types of brandy. support of this petition, Bolivia appearing on the face of the certificate, As described by petitioners Singani 63, submitted letters to TTB in December or labels with changes authorized by Inc. (Singani 63) and Bolivia, Singani 2015 and January 2017. Singani 63 also TTB. The TTB regulations at 27 CFR may meet the criteria of several of these submitted a letter to TTB in June 2017 5.55 also generally prohibit the bottling types of brandy, such as ‘‘fruit brandy’’ that provided additional information or removal of distilled spirits from a under paragraph (d)(1), or ‘‘pomace related to the petition. distilled spirits plant unless the brandy’’ (including ‘‘grappa brandy’’) proprietor possesses a COLA covering under paragraph (d)(5), depending on In its petition, Singani 63 stated that the labels on the bottle. the amount of pomace used. TTB’s recognition of Singani as a In § 5.22, paragraph (d)(1) states that distinctive product would benefit Classes and Types of Spirits fruit brandy, derived from grapes, shall consumers by informing them that the The TTB regulations at 27 CFR 5.22 be designated as ‘‘grape brandy’’ or product was produced and labeled in establish standards of identity for ‘‘brandy.’’ That regulation also generally compliance with Bolivia’s laws. It also distilled spirits products and categorize requires brandies derived from grapes asserted that Singani is a product that is these products according to various (other than neutral brandy, pomace distinct from other types of brandy. classes and types. As used in § 5.22, the brandy, marc brandy, grappa brandy, Furthermore, both Singani 63 and term ‘‘class’’ refers to a general category Pisco, Pisco Peru´ , or Pisco Chileno) that Bolivia indicated that Bolivia had of spirits. Currently, there are 12 have been aged in oak barrels for less established a legal standard for Singani different classes of distilled spirits set than two years to be labeled as as an exclusively Bolivian product.

VerDate Sep<11>2014 16:13 Aug 24, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\25AUP1.SGM 25AUP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules 47431

In response to these submissions, TTB spelled as ‘‘Bourbon Whisky’’ or with any areas outside of Bolivia. issued letters in February and October ‘‘Tennessee Whisky.’’ Moreover, the results of a search of of 2017, in which TTB addressed the TTB’s COLA database did not show any Singani Production petitioner’s request for rulemaking and approved COLAs that use the term identified several deficiencies in the The Bolivian decrees and regulations ‘‘Singani’’ as the brand name or fanciful petition and its supporting documents. submitted with the 2018 joint petition, name, or as part of the brand name or For instance, TTB noted that the which are included in the rulemaking fanciful name, for distilled spirits submitted documents lacked docket, establish that Bolivia defines produced outside Bolivia. substantiating information regarding ‘‘Singani’’ as a brandy product of Therefore, this document proposes to Bolivia’s standards for the production of Bolivia. Of the Bolivian decrees and amend the standard of identity in Singani. Accordingly, TTB did not regulations submitted, Bolivian § 5.22(d) by adding Singani as a type of undertake rulemaking at that time to Standard NB 324001 contains the most brandy derived from grapes that is amend its regulations as proposed in specific standards for Singani. Among manufactured in Bolivia in compliance Singani 63’s petition. other requirements, NB 324001 requires with the laws and regulations of Bolivia TTB subsequently received a joint that Singani be obtained exclusively governing the manufacture of Singani petition from Singani 63 and Bolivia in from vitis vinifera grapes grown in the for consumption in that country. If TTB November 2018, again proposing that traditional ‘‘zones of origin’’ at a recognizes Singani as a type of brandy TTB recognize Singani as a type of minimum altitude of 1,600 meters above as proposed, it would be permissible for brandy that is a distinctive product of sea level. NB 324001 lists several Singani imported and sold within the Bolivia. The 2018 joint petition different categories of Singani, some of United States to simply be labeled as contained additional information in which have more specific requirements, ‘‘Singani’’ without the term ‘‘brandy’’ on support of its regulatory proposal, such as requiring the product to be the label, in the same way that products including official translations of made from Muscat of Alexandria grapes labeled with such type designations as Bolivian laws and decrees governing the specifically. NB 324001 classifies ‘‘Cognac’’ or ‘‘Pisco’’ are not required to production of Singani. Singani in the group ‘‘Brandies and also bear the designation ‘‘brandy.’’ liquors.’’ The other geographically distinctive 2020 U.S.-Bolivian Exchange of Letters In a prior rulemaking, TTB has types of brandy defined in § 5.22(d), on Unique Distilled Spirits distinguished Singani from Pisco, which Cognac and Pisco, are defined as grape Following discussions between is a type of grape brandy manufactured brandies distinct to their respective officials of Bolivia and the Office of the in Peru or Chile in accordance with the places of origin. However, given that United States Trade Representative laws and regulations of those countries. Singani could also meet the criteria of (USTR), and after consultations between In 2013, TTB updated its labeling other types of brandies (such as pomace USTR and TTB, the United States Trade regulations to add Pisco as a type of brandy under § 5.22(d)(5), depending on Representative and Bolivia’s Minister of brandy that is manufactured only in the amount of pomace used), the Foreign Affairs exchanged letters on Peru and Chile. In regard to brandy proposed regulatory language describes January 6, 2020. The exchange of letters produced in Bolivia, TTB determined Singani as ‘‘brandy derived from agreed upon a procedure that could that it would not recognize Pisco as a grapes’’ rather than as a ‘‘grape brandy.’’ potentially lead each party to recognize type of brandy produced in that TTB notes that the Bolivian standard as distinctive certain distilled spirits country. See T.D. TTB–113 (78 FR allows products designated as Singani products produced in the other party’s 28739, May 16, 2013). TTB stated that to have an alcohol content ranging from territory. Bolivia maintains standards for Singani 35 to 45 percent alcohol by volume, The exchange of letters provides that but not for Pisco, and cited other depending on the type of Singani the United States shall endeavor to evidence suggesting that Pisco and produced. Because the Bolivian publish a Notice of Proposed Singani are different products. standard allows Singani to have an Rulemaking to promulgate a regulation alcohol content as low as 35 percent that would provide that Singani is a TTB Regulatory Proposal alcohol by volume (or 70° proof), TTB type of brandy that is a distinctive After reviewing the petitions, the is proposing to exempt Singani from the product of Bolivia. The exchange of regulations on the standards of identity general requirement that brandy be letters further provides that if, following in 27 CFR part 5, TTB’s Certificate of bottled at not less than 80° proof (40 this proposed rule, the United States Label Approval (COLA) database, the percent alcohol by volume) and is publishes a final rule announcing the exchange of letters between USTR and instead proposing a standard for Singani promulgation of a regulation Bolivia’s Minister of Foreign Affairs, that would include products bottled at establishing Singani as a type of brandy and the relevant laws and regulations of not less than 70° proof (35 percent that is a distinctive product of Bolivia, Bolivia, TTB has determined that alcohol by volume) in accordance with then Bolivia shall, within thirty (30) amending the standards of identity the laws and regulations of Bolivia. TTB days thereafter, recognize Bourbon regulations at § 5.22 to recognize regulations have not previously Whiskey and Tennessee Whiskey as Singani as a distinctive product of authorized bottling proofs for a type of distinctive products of the United Bolivia merits consideration and public product that are below the minimum States. Following such recognition, comment, as invited in this notice of prescribed for the product’s class Bolivia shall prohibit the sale within proposed rulemaking. designation, even when a foreign Bolivia of any product as Bourbon, TTB believes that Singani generally standard permits a lower proof, so TTB Bourbon Whiskey, or Tennessee meets the U.S. standard for brandy and is soliciting comment on authorizing Whiskey, if it has not been should be classified as a type of brandy. this standard for Singani. manufactured in the United States in TTB also believes that evidence suggests In addition, the regulation at accordance with the laws and that the generally recognized § 5.22(d)(1) generally requires that regulations of the United States geographical limits of the Singani- brandy derived from grapes that has governing the manufacture of Bourbon producing areas do not extend beyond been stored in oak containers for less Whiskey and Tennessee Whiskey. These the boundaries of Bolivia, and that than two years must be labeled with the protections also apply to products Singani production is not associated word ‘‘immature.’’ However, it also lists

VerDate Sep<11>2014 16:13 Aug 24, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\25AUP1.SGM 25AUP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 47432 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules

several types of brandy (specifically No. 205 and must be submitted or Tobacco Tax and Trade Bureau, drafted neutral brandy, pomace brandy, marc postmarked by the closing date shown this notice of proposed rulemaking. brandy, grappa brandy, Pisco, Pisco in the DATES section of this document. List of Subjects in 27 CFR Part 5 Peru´ , and Pisco Chileno) that are You may upload or include attachments exempt from this requirement. Because with your comment. You also may Advertising, Alcohol and alcoholic the Bolivian standards for Singani submit a comment requesting a public beverages, Consumer protection, contain no specific aging requirements, hearing on this proposal. The TTB Customs duties and inspection, Imports, TTB is proposing to amend § 5.22(d)(1) Administrator reserves the right to Labeling, Liquors, Packaging and to clarify that Singani is likewise determine whether to hold a public containers, and Reporting and exempt from the requirement that it be hearing. If TTB schedules a public recordkeeping requirements. labeled with the word ‘‘immature.’’ hearing, it will publish a notice of the date, time, and place for the hearing in Proposed Regulatory Amendment Effect on Currently Approved Labels the Federal Register. For the reasons discussed in the If finalized, this amendment to the Confidentiality and Disclosure of preamble, TTB proposes to amend title TTB regulations would revoke by Comments 27, chapter I, part 5, Code of Federal operation of regulation any COLA that Regulations, as follows: uses the term ‘‘Singani’’ as a designation All submitted comments and for a distilled spirits product that was attachments are part of the rulemaking PART 5—LABELING AND not manufactured in Bolivia in record and are subject to public ADVERTISING OF DISTILLED SPIRITS accordance with the laws and disclosure. Do not enclose any material regulations of Bolivia governing the in your comments that you consider ■ 1. The authority citation for part 5 manufacture of Singani for consumption confidential or that is inappropriate for continues to read as follows: in that country. TTB has searched its disclosure. TTB will post, and you may view, Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. COLA database and does not believe 205. that this rulemaking will affect any copies of this document, its supporting existing labels. materials, and any comments TTB Subpart C—Standards of Identity for receives about this proposal within the Distilled Spirits Public Participation related Regulations.gov docket. In ■ Comments Invited general, TTB will post comments as 2. Section 5.22 is amended by: submitted, and it will not redact any ■ a. Revising paragraph (d) introductory TTB invites comments from interested identifying or contact information from text; members of the public on this proposed the body of a comment or attachment. ■ b. In paragraph (d)(1), revising the rule, including on whether the proposed Please contact TTB’s Regulations and third sentence; and amendment would have an adverse Rulings division by email using the web ■ impact on owners of U.S. trademarks form available at https://www.ttb.gov/ c. Adding new paragraph (d)(10). and on the extent to which distilled contact-rrd, or by telephone at 202–453– The revisions and addition read as spirits labeled as ‘‘Singani’’ are 2265, if you have any questions follows: produced outside Bolivia. Although regarding comments on this proposal or § 5.22 The standards of identity. information currently before TTB to request copies of this document, its suggests that all distilled spirits supporting materials, or the comments * * * * * currently sold in the United States with received in response. (d) Class 4; brandy. ‘‘Brandy’’ is an ‘‘Singani’’ on the label are produced in alcoholic distillate from the fermented Regulatory Analysis and Notices Bolivia, comments on the extent of juice, mash, or wine of fruit, or from the production of Singani outside Bolivia, Regulatory Flexibility Act residue thereof, produced at less than 190° proof in such manner that the and on whether any existing labels will Pursuant to the requirements of the distillate possesses the taste, aroma, and be affected by this proposal, will assist Regulatory Flexibility Act (5 U.S.C. characteristics generally attributed to TTB in determining whether Singani chapter 6), TTB certifies that this the product, and bottled at not less than should be recognized as a distinctive proposed rule, if adopted, would not 80° proof except as otherwise provided product of Bolivia. have a significant economic impact on in paragraph (d)(10) of this section. TTB is also soliciting comments on its a substantial number of small entities. Brandy, or mixtures thereof, not proposal to authorize a minimum The proposed rule only amends the conforming to any of the standards in bottling proof of 35 percent alcohol by standards of identity for brandy at 27 ° paragraphs (d)(1) through (10) of this volume (or 70 proof) for Singani. CFR 5.22(d) and imposes no new section shall be designated as ‘‘brandy’’, Because Bolivian standards authorize reporting, recordkeeping, or other ° and such designation shall be this 70 proof minimum, TTB is administrative requirements. Therefore, immediately followed by a truthful and proposing to authorize the same no regulatory flexibility analysis is adequate statement of composition. minimum for purposes of the TTB required. regulations, even though § 5.22(d) (1) * * * Fruit brandy, derived from generally requires that brandies be Executive Order 12866 grapes, shall be designated as ‘‘grape bottled at not less than 80° proof. It has been determined that this brandy’’ or ‘‘brandy’’, except that in the case of brandy (other than neutral Submitting Comments proposed rule is not a significant regulatory action as defined by brandy, pomace brandy, marc brandy, You may submit comments on this Executive Order 12866 of September 30, grappa brandy, Pisco, Pisco Peru´ , Pisco proposal as an individual or on behalf 1993. Therefore, no regulatory Chileno, or Singani) distilled from the of a business or other organization via assessment is required. fermented juice, mash, or wine of the Regulations.gov website or via grapes, or the residue thereof, which has postal mail, as described in the Drafting Information been stored in oak containers for less ADDRESSES section of this document. Trevar D. Kolodny of the Regulations than 2 years, the statement of class and Your comment must reference Notice and Rulings Division, Alcohol and type shall be immediately preceded, in

VerDate Sep<11>2014 16:13 Aug 24, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\25AUP1.SGM 25AUP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules 47433

the same size and kind of type, by the ADDRESSES: You may submit comments to be effective, and enforceable, from word ‘‘immature’’. * * * identified by docket number USCG– October 15, 2021, through April 15, * * * * * 2021–0344 using the Federal 2022. If the project is completed prior to (10) ‘‘Singani’’ is brandy derived from eRulemaking Portal at https:// April 15, 2022, enforcement of the grapes that is manufactured in Bolivia www.regulations.gov. See the ‘‘Public safety zone will be terminated and in accordance with the laws and Participation and Request for notice given via Broadcast Notice to regulations of Bolivia governing the Comments’’ portion of the Mariners, Local Notice to Mariners, or manufacture of Singani for consumption SUPPLEMENTARY INFORMATION section for both. in that country, and includes Singani further instructions on submitting The purpose of this rulemaking is to bottled at not less than 70° proof in comments. ensure the safety of vessels and the accordance with such laws and FOR FURTHER INFORMATION CONTACT: If navigable waters within a 100-yard regulations. you have questions on this rule, call or radius around any vessel, barge, or dredging equipment engaged in * * * * * email LT Shaun Doyle, Sector Northern dredging operations and within a 500- Signed: July 21, 2021. New England Waterways Management Division, U.S. Coast Guard; telephone yard radius around any vessel, barge, or Mary G. Ryan, 207–347–5015, email Shaun.T.Doyle@ dredging equipment engaged in blasting Administrator. uscg.mil. operations and any blasting worksites. Approved: July 23, 2021. The Coast Guard is proposing this SUPPLEMENTARY INFORMATION: Timothy E. Skud, rulemaking under authority in 46 U.S.C. Deputy Assistant Secretary (Tax, Trade, and I. Table of Abbreviations 70034 (previously 33 U.S.C. 1231). Tariff Policy). CFR Code of Federal Regulations III. Discussion of Proposed Rule [FR Doc. 2021–18205 Filed 8–24–21; 8:45 am] DHS Department of Homeland Security The COTP is proposing to establish BILLING CODE 4810–31–P FR Federal Register NPRM Notice of proposed rulemaking two safety zones from October 15, 2021, § Section through April 15, 2022. The first safety zone will be a 100-yard radius around DEPARTMENT OF HOMELAND U.S.C. United States Code COTP Captain of the Port Northern New any vessel, barge, or dredging SECURITY England equipment actively engaged in dredging Coast Guard II. Background, Purpose, and Legal operations. The second safety zone will Basis be a 500-yard radius around any vessel, 33 CFR Part 165 barge, or dredging equipment engaged On February 12, 2021, the U.S. Army in blasting operations and any blasting [Docket Number USCG–2021–0344] Corps of Engineers notified the Coast worksites. The 500-yard safety zone will Guard of plans to fund dredging RIN 1625–AA00 be enforced during active blasting operations on the uppermost turning operations and will be suspended once Safety Zone; Piscataqua River Turning basin of the Piscataqua River in successful detonation has been Basin Dredge Project, Portsmouth, NH Portsmouth Harbor. The project consists confirmed and blasting operations have of widening the uppermost turning been secured. The Coast Guard will AGENCY: Coast Guard, DHS. basin of the Piscataqua River from 800 notify the public and local mariners of ACTION: Notice of proposed rulemaking. feet to 1,200 feet to improve navigation the 500-yard safety zone through maneuverability and safety. appropriate means, which may include, SUMMARY: The Coast Guard is proposing The project includes dredging to establish two temporary safety zones but are not limited to, publication in the approximately 12–14 million cubic Local Notice to Mariners and Broadcast for the navigable waters of the yards of silt, blue clay, till and Piscataqua River in Portsmouth Harbor. Notice to Mariners via VHF–FM marine weathered rock from the uppermost channel 16 in advance of any The first safety zone will be a 100-yard turning basin of the Piscataqua River in radius around any vessel, barge, or enforcement. No vessel or person would Portsmouth Harbor. The project will be permitted to enter the safety zone dredging equipment engaged in include mechanical dredging, drilling, dredging operations. The second safety without obtaining permission from the and blasting operations. The extent of COTP or a designated representative. zone will be a 500-yard radius around drilling and blasting operations will not any vessel, barge, or dredging The regulatory text we are proposing be known until the top material has appears at the end of this document. equipment engaged in blasting been removed and contractors can operations and any blasting worksites. locate hard rock spots. The Captain of IV. Regulatory Analyses The safety zones are necessary to protect the Port Northern New England (COTP) We developed this proposed rule after persons and vessels from hazards has determined that potential hazards considering numerous statutes and associated with dredging, drilling, and associated with dredging operations Executive orders related to rulemaking. blasting operations for overall widening would be a safety concern for anyone Below we summarize our analyses of the uppermost turning basin of the within a 100-yard radius around any based on a number of these statutes and Piscataqua River. This proposed vessel, barge, or dredging equipment Executive orders, and we discuss First rulemaking would prohibit persons and engaged in dredging operations. Amendment rights of protestors. vessels from being in the safety zone Additionally, the COTP has determined unless authorized by the Captain of the that potential hazards associated with A. Regulatory Planning and Review Port Northern New England or a the explosives to be used in this Executive Orders 12866 and 13563 Designated Representative. We invite operation would be a safety concern for direct agencies to assess the costs and your comments on this proposed anyone within a 500-yard radius around benefits of available regulatory rulemaking. any vessel, barge, or dredging alternatives and, if regulation is DATES: Comments and related material equipment engaged in blasting necessary, to select regulatory must be received by the Coast Guard on operations and any blasting worksites. approaches that maximize net benefits. or before September 24, 2021. The Coast Guard is proposing this rule This NPRM has not been designated a

VerDate Sep<11>2014 16:13 Aug 24, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\25AUP1.SGM 25AUP1 khammond on DSKJM1Z7X2PROD with PROPOSALS