Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations 57659

vintners to use ‘‘Outer Coastal Plain’’ as the Outer Coastal Plain viticultural area DEPARTMENT OF THE TREASURY an appellation of origin for wines made are 10 United States Geological Survey primarily from grapes grown within the topographic maps. They are titled: Alcohol and Tobacco Tax and Trade Bureau expansion area if the wines meet the * * * * * eligibility requirements for the appellation. (6) Cape May, New Jersey, 1981, 27 CFR Part 9 1:100,000 scale; Regulatory Flexibility Act [Docket No. TTB–2016–0009; T.D. TTB–149; (7) Dover, Delaware–New Jersey– Re: Notice No. 163] TTB certifies that this regulation will Maryland, 1984, 1:100,000 scale; not have a significant economic impact RIN 1513–AC34 on a substantial number of small (8) Freehold, New Jersey, 2014, entities. The regulation imposes no new 1:24,000 scale; Establishment of the Petaluma Gap reporting, recordkeeping, or other (9) Marlboro, New Jersey, 2014, Viticultural Area and Modification of administrative requirement. Any benefit 1:24,000 scale; and the North Coast Viticultural Area derived from the use of an AVA name (10) Keyport, New Jersey–New York, AGENCY: Alcohol and Tobacco Tax and would be the result of a proprietor’s 2014, 1:24,000 scale. Trade Bureau, Treasury. efforts and consumer acceptance of ACTION: Final rule; Treasury decision. wines from that area. Therefore, no (c) * * * regulatory flexibility analysis is (16) Continue northeasterly on CR SUMMARY: The Alcohol and Tobacco Tax required. 537, crossing onto the Freehold, New and Trade Bureau (TTB) establishes the Jersey, map, to the intersection of CR Executive Order 12866 approximately 202,476-acre ‘‘Petaluma 537 (known locally as W. Main Street) Gap’’ viticultural area in portions of It has been determined that this final and State Route 79 (known locally as S. Sonoma and Marin Counties in rule is not a significant regulatory action Main Street) in Freehold; then California. The viticultural area lies as defined by Executive Order 12866 of (17) Proceed northeasterly, then entirely within the larger existing North September 30, 1993. Therefore, no Coast viticultural area and partially regulatory assessment is required. northerly, along State Route 79, crossing onto the Marlboro, New Jersey, map to within the established Sonoma Coast Drafting Information the intersection of State Route 79 and viticultural area. TTB also modifies the boundary of the North Coast viticultural Pleasant Valley Road in Wickatunk; Dana Register of the Regulations and area to eliminate a partial overlap with then Rulings Division drafted this final rule. the Petaluma Gap viticultural area. TTB List of Subjects in 27 CFR Part 9 (18) Proceed northeasterly, then designates viticultural areas to allow southeasterly along Pleasant Valley Wine. vintners to better describe the origin of Road to the road’s intersection with their wines and to allow consumers to The Regulatory Amendment Schank Road, south of Pleasant Valley; better identify wines they may For the reasons discussed in the then purchase. preamble, TTB amends title 27, chapter (19) Proceed easterly along Schank DATES: This final rule is effective I, part 9, Code of Federal Regulations, as Road to the road’s intersection with January 8, 2018. follows: Holmdel Road; then FOR FURTHER INFORMATION CONTACT: PART 9—AMERICAN VITICULTURAL (20) Proceed northerly along Holmdel Kaori Flores, Regulations and Rulings AREAS Road, crossing onto the Keyport, New Division, Alcohol and Tobacco Tax and Jersey–New York map, to the road’s Trade Bureau, 1310 G Street NW., Box ■ 1. The authority citation for part 9 intersection with the Garden State 12, Washington, DC 20005; phone (202) continues to read as follows: Parkway, north of Crawford Corners; 453–1039. Authority: 27 U.S.C. 205. then SUPPLEMENTARY INFORMATION: * * * * * Background on Viticultural Areas Subpart C—Approved American Viticultural Areas Signed: May 2, 2017. TTB Authority John J. Manfreda, ■ Section 105(e) of the Federal Alcohol 2. Section 9.207 is amended by: Administrator. ■ a. Revising paragraphs (b) Administration Act (FAA Act), 27 introductory text and (b)(6) and (7); Approved: October 19, 2017. U.S.C. 205(e), authorizes the Secretary ■ b. Adding paragraphs (b)(8) through Timothy E. Skud, of the Treasury to prescribe regulations for the labeling of wine, distilled spirits, (10); Deputy Assistant Secretary (Tax, Trade, and ■ c. Revising paragraphs (c)(16) and Tariff Policy). and malt beverages. The FAA Act provides that these regulations should, (17); [FR Doc. 2017–26414 Filed 12–6–17; 8:45 am] ■ among other things, prohibit consumer d. Redesignating paragraphs (c)(18) BILLING CODE 4810–31–P through (22) as paragraphs (c)(21) deception and the use of misleading through (25); and statements on labels, and ensure that ■ e. Adding new paragraphs (c)(18) labels provide the consumer with through (20). adequate information as to the identity The revisions and additions read as and quality of the product. The Alcohol follows: and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act § 9.207 Outer Coastal Plain. pursuant to section 1111(d) of the * * * * * Homeland Security Act of 2002, (b) Approved maps. The appropriate codified at 6 U.S.C. 531(d). The maps for determining the boundary of Secretary has delegated various

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authorities through Treasury and distinguish it from adjacent areas established Sonoma Coast AVA (27 CFR Department Order 120–01, dated outside the proposed AVA boundary; 9.116), leaving the Marin County December 10, 2013 (superseding • A copy of the appropriate United portion of the proposed AVA, consisting Treasury Department Order 120–01, States Geological Survey (USGS) map(s) of approximately 68,130 acres, outside dated January 24, 2003), to the TTB showing the location of the proposed of the Sonoma Coast AVA. The petition Administrator to perform the functions AVA, with the boundary of the did not propose to modify the boundary and duties in the administration and proposed AVA clearly drawn thereon; of the Sonoma Coast AVA for several enforcement of these provisions. and reasons, including the lack of use of the • Part 4 of the TTB regulations (27 CFR A detailed narrative description of name ‘‘Sonoma Coast’’ to describe lands part 4) allows the establishment of the proposed AVA boundary based on in Marin County. Additionally, the definitive viticultural areas and the use USGS map markings. evidence in the petition demonstrated of their names as appellations of origin Petaluma Gap Petition that both the Sonoma County and the on wine labels and in wine Marin County portions of the proposed TTB received a petition from Patrick advertisements. Part 9 of the TTB Petaluma Gap AVA share similar L. Shabram, on behalf of the Petaluma regulations (27 CFR part 9) sets forth topographic characteristics and similar Gap Winegrowers Alliance, proposing standards for the preparation and wind speeds, so excluding Marin the establishment of the ‘‘Petaluma County entirely would have affected the submission of petitions for the Gap’’ AVA and the modification of the establishment or modification of integrity of the proposed AVA. Further, boundary of the established multi- TTB notes that removing the proposed American viticultural areas (AVAs) and county North Coast AVA (27 CFR 9.30). lists the approved AVAs. Petaluma Gap AVA from the Sonoma The proposed Petaluma Gap AVA is Coast AVA would potentially affect Definition located in portions of Sonoma and current label holders who use the Marin Counties, California. The ‘‘Sonoma Coast’’ appellation on their Section 4.25(e)(1)(i) of the TTB proposed AVA covers approximately regulations (27 CFR 4.25(e)(1)(i)) defines wines because wines made primarily 202,476 acres and contains 80 from grapes grown in the region a viticultural area for American wine as commercially-producing vineyards a delimited grape-growing region having removed from the Sonoma Coast AVA covering a total of approximately 4,000 would no longer be eligible to be labeled distinguishing features as described in acres, as well as 9 bonded wineries. part 9 of the regulations and a name and with that AVA as an appellation of According to the petition, the origin. a delineated boundary as established in distinguishing features of the proposed part 9 of the regulations. These According to the petition, the Petaluma Gap AVA include its distinguishing features of the proposed designations allow vintners and topography and wind speed. consumers to attribute a given quality, Petaluma Gap AVA are its topography The proposed AVA lies in southern and wind speeds. The terrain consists of reputation, or other characteristic of a Sonoma County and northern Marin wine made from grapes grown in an area highlands characterized by low, rolling County, has a northwest-southeast hills not exceeding 600 feet, except in to its geographic origin. The orientation, and extends from the a few places within the ridgelines that establishment of AVAs allows vintners Pacific Ocean to San Pablo Bay. As form the proposed northern, eastern, to describe more accurately the origin of proposed, a small portion of the and southern boundaries. Within the their wines to consumers and helps Petaluma Gap AVA would overlap a proposed Petaluma Gap AVA, there are consumers to identify wines they may portion of the established North Coast also small valleys and fluvial terraces, purchase. Establishment of an AVA is AVA. To eliminate the potential with flat land along the Petaluma River, neither an approval nor an endorsement overlap, the petitioner also proposed especially east of the City of Petaluma by TTB of the wine produced in that modifying the boundary of the North and near the mouth of San Pablo Bay. area. Coast AVA to eliminate the potential The low elevations and gently rolling Requirements overlap and place the proposed terrain of the proposed Petaluma Gap Petaluma Gap AVA entirely within the create a corridor that allows marine Section 4.25(e)(2) of the TTB North Coast AVA. The proposed winds to flow relatively unhindered regulations outlines the procedure for modification would increase the size of from the Pacific Ocean to San Pablo proposing an AVA and provides that the 3 million-acre North Coast AVA by Bay, particularly during the mid-to-late any interested party may petition TTB approximately 28,077 acres. The afternoon. As a result, cool air and to establish a grape-growing region as an petition provided evidence that the marine fog enter the vineyards during AVA. Section 9.12 of the TTB proposed expansion area shares the the time of day when temperatures regulations (27 CFR 9.12) prescribes main characteristic of the North Coast would normally be at their highest, standards for petitions for the AVA—the marine climate influence that bringing heat relief to the vines. establishment of AVAs. Petitions to moderates growing season temperatures To the north of the proposed establish an AVA must include the in the area. The expansion area was also Petaluma Gap AVA, the elevations are following: shown to have similar growing degree much higher, with elevations over 1,000 • Evidence that the area within the day accumulations to the North Coast feet not uncommon in northern Sonoma proposed AVA boundary is nationally AVA and to be within the range of County. The broad Santa Rosa Plain is or locally known by the AVA name Winkler scale regions that characterizes also located north of the proposed AVA specified in the petition; the rest of the North Coast AVA. and has a much flatter topography than • An explanation of the basis for The proposed Petaluma Gap AVA is the proposed AVA. East of the proposed defining the boundary of the proposed located in the southern portion of the AVA, the higher elevations of Sonoma AVA; established Sonoma Coast AVA and Mountain prevent much of the marine • A narrative description of the shares the marine-influenced climate airflow that enters the Petaluma Gap features of the proposed AVA that affect and coastal fog of the established AVA. from travelling farther east. East of viticulture, such as climate, geology, As proposed, the Petaluma Gap AVA Sonoma Mountain is the Sonoma soils, physical features, and elevation, would also partially overlap the Valley, which has lower elevations and that make the proposed AVA distinctive southwestern boundary of the flatter terrain than the proposed AVA.

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To the south of the proposed AVA, the proposed viticultural area are so TTB establishes the ‘‘Petaluma Gap’’ elevations can exceed 1,000 feet. distinguishable from the existing North AVA in Sonoma and Marin Counties, in The low elevations and rolling hills of Coast and Sonoma Coast AVAs that the California. the proposed Petaluma Gap AVA also proposed Petaluma Gap AVA should TTB has also determined that the land allow the marine air to enter the not be part of one or either established within the Petaluma Gap AVA will proposed AVA at higher speeds than AVA. remain part of the larger North Coast found in the surrounding areas, where Additionally, TTB asked for AVA. The Petaluma Gap AVA shares higher, steeper mountains disrupt the comments on the proposed modification the basic viticultural feature of the flow of air. Although marine breezes are of the North Coast AVA and whether the North Coast AVA, which consists of the present within the proposed Petaluma evidence presented in the proposed marine influence that moderates Gap AVA during most of the day, the Petaluma Gap AVA petition was growing season temperatures in the wind speeds increase significantly in sufficient to warrant expansion of the area. Therefore, TTB is recognizing the the afternoon hours because the inland North Coast AVA to include the entire Petaluma Gap AVA as a distinct AVA temperatures increase, causing the hot proposed Petaluma Gap AVA. Finally, within the larger North Coast AVA. air to rise and pull the cooler, heavier TTB asked for comments on whether the Furthermore, TTB modifies the marine air in from the coast and create evidence submitted in the petition boundary of the North Coast AVA as steady winds. supported allowing the partial overlap described in Notice No. 163. TTB has The effect of these prolonged high between the proposed Petaluma Gap determined that the expansion area has wind speeds on grapes is a reduction in AVA and the established Sonoma Coast the similar marine-influenced climate of photosynthesis to the extent that the AVA. The comment period on Notice the North Coast AVA. Therefore, TTB is grapes have to remain on the vine longer No. 163 closed on December 27, 2016. expanding the North Coast to include all in order to reach a given sugar level (a In response to Notice No. 163, TTB of the Petaluma Gap AVA. This change longer ‘‘hang time’’), compared to the received a total of 11 comments, all of is effective 30 days from the date of same grape varietal grown in a less which supported the establishment of publication of this document. TTB is windy location. Grapes grown in windy the Petaluma Gap AVA and the also allowing the partial overlap of the locations are also typically smaller and expansion of the North Coast AVA Petaluma Gap AVA with the Sonoma have thicker skins than the same boundary. Commenters were primarily Coast AVA. The Marin County portion varietal grown elsewhere. According to local residents, vineyard owners, and of the Petaluma Gap AVA will remain the petition, the smaller grape size, members of the wine industry. The outside of the Sonoma Coast AVA, thicker skins, and longer hang time commenters generally supported the while the Sonoma County portion will concentrate the flavor compounds in the proposed AVA due to the rolling terrain be within the Sonoma Coast AVA. TTB fruit, allowing grapes that are harvested and distinct microclimate, featuring allows the partial overlap to remain, at lower sugar levels to still have the distinct temperatures, moderate rainfall, primarily because the name ‘‘Sonoma typical flavor characteristics of the grape the presence of fog, and wind gusts. Coast’’ is associated only with the varietal. Other comments emphasized the coastal region of Sonoma County and distinct flavor of the wines from the Notice of Proposed Rulemaking and does not extend into Marin County. Petaluma Gap region and stated that Comments Received establishing the Petaluma Gap AVA will Boundary Description TTB published Notice No. 163 in the help consumers to buy and identify See the narrative boundary Federal Register on October 28, 2016, wine accurately. Several comments description of the Petaluma Gap AVA (81 FR 74979), proposing to establish received during the comment period and the modified boundary of the North the Petaluma Gap AVA and modify the stated that the proposed AVA has Coast AVA in the regulatory text boundary of the North Coast AVA. In characteristics that are distinct from the published at the end of this final rule. the document, TTB summarized the larger Sonoma Coast AVA and warrant evidence from the petition regarding the its recognition as a sub-AVA. However, Maps name, boundary, and distinguishing none of the commenters specifically The petitioner provided the required features for the proposed viticultural stated that the proposed Petaluma Gap maps, and they are listed below in the area. For a description of the evidence AVA should be completely removed regulatory text. relating to the name, boundary, and from the Sonoma Coast AVA. TTB Impact on Current Wine Labels distinguishing features of the proposed received no comments in opposition of viticultural area, and for a comparison the Petaluma Gap AVA, as proposed, Part 4 of the TTB regulations prohibits of the distinguishing features of the and no comments opposing the any label reference on a wine that proposed viticultural area to the proposed North Coast AVA boundary indicates or implies an origin other than surrounding areas, see Notice No. 163. modification or the proposed partial the wine’s true place of origin. With the In Notice No. 163, TTB solicited overlap with the Sonoma Coast AVA. establishment of this AVA, its name, comments on the accuracy of the name, ‘‘Petaluma Gap,’’ will be recognized as boundary, climatic, and other required TTB Determination a name of viticultural significance under information submitted in support of the After careful review of the petition 27 CFR 4.39(i)(3). The text of the petition. In addition, given the proposed and of the comments received in regulation clarifies this point. Once this AVA’s location within the existing response to Notice No. 163, TTB finds final rule becomes effective, wine North Coast AVA and in the southern that the evidence provided by the bottlers using the name ‘‘Petaluma Gap’’ portion of the Sonoma Coast AVA, TTB petitioner supports the establishment of in a brand name, including a trademark, solicited comments on whether the the approximately 202,476-acre or in another label reference as to the evidence submitted in the petition Petaluma Gap AVA and the origin of the wine, will have to ensure regarding the distinguishing features of modification of the boundary of the that the product is eligible to use the the proposed AVA sufficiently North Coast AVA. Accordingly, under viticultural name as an appellation of differentiates it from the two established the authority of the FAA Act, section origin. The establishment of the AVAs. TTB also asked for comments on 1111(d) of the Homeland Security Act of Petaluma Gap AVA will allow vintners whether the geographical features of the 2002, and part 4 of the TTB regulations, to use ‘‘Petaluma Gap’’ as an appellation

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of origin for wines made from grapes September 30, 1993. Therefore, no Reyes NE map, to the marked 804-foot grown within the Petaluma Gap AVA if regulatory assessment is required. peak; the wines meet the eligibility (5) Then southeast in a straight line Drafting Information requirements for the appellation. 1.8 miles to the marked 935-foot peak; The establishment of the Petaluma Kaori Flores of the Regulations and (6) Then southeast in a straight line Gap AVA will not affect any existing Rulings Division drafted this final rule. 12.7 miles, crossing back onto the Santa viticultural area, and any bottlers using List of Subjects in 27 CFR Part 9 Rosa map, to the marked 1,466-foot peak ‘‘North Coast AVA’’ as an appellation of on Barnabe Mountain; origin or in a brand name for wines Wine. * * * * * made from grapes grown within the The Regulatory Amendment ■ 3. Add § 9.261 to read as follows: North Coast AVA will not be affected by For the reasons discussed in the the establishment of this new AVA. The § 9.261 Petaluma Gap. preamble, TTB amends title 27, chapter establishment of the AVA will allow (a) Name. The name of the viticultural I, part 9, Code of Federal Regulations, as vintners to use ‘‘Petaluma Gap and area described in this section is follows: ‘‘North Coast’’ as appellations of origin ‘‘Petaluma Gap’’. For purposes of part 4 for wines made from grapes grown PART 9—AMERICAN VITICULTURAL of this chapter, ‘‘Petaluma Gap’’ is a within the Petaluma Gap AVA if the AREAS term of viticultural significance. wines meet the eligibility requirements (b) Approved maps. The 12 United for the appellation. Additionally, ■ 1. The authority citation for part 9 States Geological Survey (USGS) vintners would be able to use ‘‘Sonoma continues to read as follows: 1:24,000 scale topographic maps used to determine the boundary of the Petaluma Coast’’ as an appellation of origin on Authority: 27 U.S.C. 205. wines made primarily from grapes Gap viticultural area are titled: grown within the Sonoma County Subpart C—Approved American (1) Cotati, Calif., 1954; photorevised portion of the Petaluma Gap AVA, if the Viticultural Areas 1980; wines meet the eligibility requirements (2) Glen Elle, Calif., 1954; for the appellation. ■ 2. Section 9.30 is amended as follows: photorevised 1980; For a wine to be labeled with an AVA ■ a. The introductory text of paragraph (3) Petaluma River, Calif., 1954; name or with a brand name that (b) is revised; photorevised 1980; includes an AVA name, at least 85 ■ b. The word ‘‘and’’ is removed from (4) Sears Point, Calif., 1951; percent of the wine must be derived the end of paragraph (b)(2); photorevised 1968; ■ (5) Petaluma Point, Calif., 1959; from grapes grown within the area c. The period is removed from the end photorevised 1980; represented by that name, and the wine of paragraph (b)(3) and a semicolon is (6) Novato, Calif., 1954; photorevised must meet the other conditions listed in added in its place; ■ 1980; 27 CFR 4.25(e)(3). If the wine is not d. Paragraphs (b)(4) and (5) are added; ■ e. Paragraphs (c)(1) and (2) are (7) Petaluma, Calif., 1953; eligible for labeling with an AVA name revised; photorevised 1981; and that name appears in the brand ■ f. Paragraphs (c)(3) through (24) are (8) Point Reyes NE., CA, 1995; name, then the label is not in redesignated as paragraphs (c)(7) (9) Tomales, CA, 1995; compliance and the bottler must change through (28); and (10) Bodega Head, Calif., 1972; the brand name and obtain approval of ■ g. Paragraphs (c)(3) through (6) are (11) Valley Ford, Calif., 1954; a new label. Similarly, if the AVA name added. photorevised 1971; and appears in another reference on the The revisions and additions read as (12) Two Rock, Calif., 1954; label in a misleading manner, the bottler follows: photorevised 1971. would have to obtain approval of a new (c) Boundary. The Petaluma Gap label. § 9.30 North Coast. viticultural area is located in Sonoma Different rules apply if a wine has a * * * * * and Marin Counties in California. The brand name containing an AVA name (b) Approved maps. The appropriate boundary of the Petaluma Gap that was used as a brand name on a maps for determining the boundaries of viticultural area is as described in label approved before July 7, 1986. See the North Coast viticultural area are five paragraphs (c)(1) through (48) of this 27 CFR 4.39(i)(2) for details. U.S.G.S. maps. They are entitled: section: (1) The beginning point is on the Regulatory Flexibility Act * * * * * (4) ‘‘Tomales, CA,’’ scale 1:24,000, Cotati map at the intersection of Grange TTB certifies that this regulation will edition of 1995; and Road, Crane Canyon Road, and the not have a significant economic impact (5) ‘‘Point Reyes NE., CA,’’ scale northern boundary of section 16, T6N/ on a substantial number of small 1:24,000, edition of 1995. R7W. From the beginning point, entities. The regulation imposes no new (c) * * * proceed southeast in a straight line for reporting, recordkeeping, or other (1) Then follow the Pacific coastline 1 mile, crossing over Pressley Road, to administrative requirement. Any benefit in a generally southeasterly direction for the intersection of the 900-foot elevation derived from the use of a viticultural 9.4 miles, crossing onto the Tomales contour and the eastern boundary of area name would be the result of a map, to Preston Point on Tomales Bay; section 16, T6N/R7W; the proprietor’s efforts and consumer (2) Then northeast along the shoreline (2) Proceed east-southeasterly in a acceptance of wines from that area. of Tomales Bay approximately 1 mile to straight line for 0.5 mile, crossing onto Therefore, no regulatory flexibility the mouth of Walker Creek opposite the Glen Ellen map, to the terminus of analysis is required. benchmark (BM) 10 on State Highway 1; an unnamed, unimproved road known (3) Then southeast in a straight line locally as Summit View Ranch Road, Executive Order 12866 for 1.3 miles to the marked 714-foot just north of the southern boundary of It has been determined that this rule peak; section 15, T6N/R7N; then is not a significant regulatory action as (4) Then southeast in a straight line (3) Proceed southeast in a straight line defined by Executive Order 12866 of for 3.1 miles, crossing onto the Point for 0.6 mile to the intersection of Crane

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Creek and the 1,200-foot elevation the Tomales map, to the marked 741- (33) Proceed northeast in a straight contour, section 22, T6N/R7W; then foot peak; then line for 1.2 miles, crossing through the (4) Proceed southeast in a straight line (21) Proceed northwesterly in a intersection of an intermittent stream for 2.9 miles to the marked 2,271-foot straight line for 1.3 miles to benchmark with Canfield Road, to the common peak on Sonoma Mountain, T6N/R6W; (BM) 10 on State Highway 1, at the Range 8⁄9 boundary; then then mouth of Walker Creek in Tomales Bay; (34) Proceed southeast in a straight (5) Proceed southeast in a straight line then line for 0.5 mile to the marked 542-foot for 10.5 miles, crossing over the (22) Proceed southwesterly, then peak; then northeastern corner of the Petaluma northwesterly along the shoreline of (35) Proceed southeast in a straight River map and onto the Sears Point Tomales Bay to Sand Point, on Bodega map, to the marked 682-foot summit of line for 0.8 mile to the intersection of an Bay, and continuing northerly along the unnamed, unimproved road (leading to Wildcat Mountain; then shoreline of Bodega Bay, crossing over (6) Proceed south-southeasterly in a four barn-like structures) known locally the Valley Ford map and onto the as Carniglia Lane and an unnamed straight line for 3.3 miles to the Bodega Head map, circling the shoreline intersection of State Highway 121 (also medium duty road known locally as of Bodega Harbor to the Pacific Ocean Roblar Road, T6N/R8W; then known locally as Arnold Drive) and and continuing northerly along the State Highway 37 (also known locally as shoreline of the Pacific Ocean to the (36) Proceed south in a straight line Sears Point Road); then mouth of Salmon Creek, for a total of for 0.5 mile to the marked 678-foot peak, (7) Proceed east-northeasterly along 19.5 miles; then T6N/R8W; then State Highway 37/Sears Point Road for (23) Proceed easterly along Salmon (37) Proceed east-southeast in a approximately 0.1 mile to Tolay Creek; Creek for 9.6 miles, crossing onto the straight line for 0.8 mile to the marked then 599-foot peak, T5N/R8W; then (8) Proceed generally south along the Valley Ford map and passing Nolan meandering Tolay Creek for 3.9 miles, Creek, to the second intermittent stream (38) Proceed east-southeast in a crossing onto the Petaluma Point map, in the Estero Americano land grant, straight line for 0.7 mile to the marked to the mouth of the creek at San Pablo T6N/R10W; then 604-foot peak, T5N/R8W; then Bay; then (24) Proceed east in a straight line for (39) Proceed east-southeast in a (9) Proceed southwesterly along the 1 mile to vertical angle benchmark straight line for 0.9 mile, crossing onto shore of San Pablo Bay for 2.7 miles, (VABM) 724 in the Estero Americano the Cotati map, to the intersection of crossing the mouth of the Petaluma land grant, T6N/R10W; then Meacham Road and an unnamed light River, and continuing southeasterly (25) Proceed south-southeasterly in a duty road leading to a series of barn-like along the bay’s shoreline to Petaluma straight line for 0.8 mile to BM 61 on an structures, T5N/R8W; then Point; then unmarked light duty road known locally (40) Proceed north-northeast along (10) Proceed northwesterly in a as Freestone Valley Ford Road in the Meacham Road for 0.8 mile to Stony ˜ straight line for 6.3 miles, crossing over Canada de Pogolimi land grant, T6N/ Point Road, T5N/R8W; then the northeastern corner of the Novato R10W; then map and onto the Petaluma River map, (26) Proceed southeast in a straight (41) Proceed southeast along Stony to the marked 1,558-foot peak of Burdell line for 0.6 mile to the marked 448-foot Point Road for 1.1 miles to the 200-foot Mountain; then peak in the Can˜ ada de Pogolimi land elevation contour, T5N/R8W; then (11) Proceed northwest in a straight grant, T6N/R10W; then (42) Proceed north-northeast in a line for 1.3 miles to the marked 1,193- (27) Proceed southeast in a straight straight line for 0.5 mile to the foot peak; then line for 0.1 mile to the northern intersection of an intermittent creek (12) Proceed west-southwesterly in a terminus of an unnamed, unimproved with U.S. Highway 101, T5N/R8W; then straight line for 2.2 miles, crossing onto road in the Can˜ ada de Pogolimi land (43) Proceed north along U.S. the Petaluma map, to the marked 1,209- grant, T6N/R10W; then Highway 101 for 1.5 miles to State foot peak; then (28) Proceed northeasterly, then Highway 116 (also known locally as (13) Proceed west-southwest in a southeasterly for 0.9 mile along the Graverstein Highway), T6N/R8W; then straight line for 0.8 mile to the marked unnamed, unimproved road to the 400- (44) Proceed northeast in a straight 1,296-foot peak; then foot elevation contour in the Can˜ ada de line for 3.4 miles to the intersection of (14) Proceed west in a straight line for Pogolimi land grant, T6N/R10W; then 1 mile to the marked 1,257-foot peak on Crane Creek and Petaluma Hill Road, (29) Proceed easterly along the T6N/R7W; then Red Hill in section 31, T4N/R7W; then meandering 400-foot elevation contour (15) Proceed southwest in a straight (45) Proceed easterly along Crane for 6.7 miles, crossing onto the Two line for 2.9 miles to the marked 1,532- Creek for 0.8 mile to the intersection of Rocks map, to Burnside Road in the foot peak on Hicks Mountain; then Crane Creek and the 200-foot elevation (16) Proceed north-northwesterly in a Can˜ ada de Pogolimi land grant, T6N/ line, T6N/R7W; then R10W; then straight line for 2.7 miles, crossing onto (46) Proceed northwesterly along the the Point Reyes NE map, to the marked (30) Proceed south on Burnside Road for 0.1 mile to an unnamed medium 200-foot elevation contour for 1 mile to 1,087-foot peak; then the intersection of the contour line and (17) Proceed north-northwesterly in a duty road known locally as Bloomfield Road in the Can˜ ada de Pogolimi land an intermittent stream just south of straight line for 1.5 miles to the marked Crane Canyon Road, T6N/R7W; then 1,379-foot peak; then grant,T6N/R9W; then (18) Proceed west-northwesterly in a (31) Proceed southeast in a straight (47) Proceed east then northeasterly straight line for 2.9 miles to the marked line for 0.6 mile to the marked 610-foot along the northern branch of the 935-foot peak; then peak in the Blucher land grant, T6N/ intermittent stream for 0.3 mile to the (19) Proceed northwest in a straight R9W; then intersection of the stream with Crane line for 1.8 miles to the marked 804-foot (32) Proceed east-southeasterly in a Canyon Road, T6N/R7W; then peak; then straight line for 0.8 mile to the marked (48) Proceed northeasterly along (20) Proceed west-northwesterly in a 641-foot peak in the Blucher land grant, Crane Canyon Road for 1.2 miles, straight line for 3.1 miles, crossing onto T6N/R9W; then returning to the beginning point.

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Signed: June 14, 2017. 2016–02); Prohibited Transaction DEPARTMENT OF THE INTERIOR John J. Manfreda, Exemption 84–24 for Certain Administrator. Transactions Involving Insurance Office of Surface Mining Reclamation Approved: October 26, 2017. Agents and Brokers, Pension and Enforcement Timothy E. Skud, Consultants, Insurance Companies, and 30 CFR Part 950 Deputy Assistant Secretary (Tax, Trade, and Investment Company Principal Tariff Policy). Underwriters (PTE 84–24).’’ [SATS No: WY–045–FOR; Docket ID: OSM– Footnote 66 is situated in the [FR Doc. 2017–26410 Filed 12–6–17; 8:45 am] 2013–0002; S1D1S SS08011000 SX064A000 regulatory impact analysis section of the 189S180110; S2D2S SS08011000 BILLING CODE 4810–31–P preamble. The textual discussion SX064A000 18XS501520] surrounding footnote 66 focuses on regulatory alternatives considered, but Wyoming Regulatory Program DEPARTMENT OF LABOR rejected by the Department of Labor AGENCY: Office of Surface Mining Employee Benefits Security (Department). Footnote 66 identifies Reclamation and Enforcement, Interior. certain public commenters who support Administration ACTION: Final rule; approval of a contingent or tiered delay, two amendment with certain exceptions. 29 CFR Part 2550 regulatory alternatives the Department declined to adopt. Due to a clerical SUMMARY: We are issuing a final [Application Number D–11712; D–11713; D– error, the footnote also inadvertently decision on an amendment to the 11850] includes the names of public Wyoming regulatory program (the ZRIN 1210–ZA27 commenters who do not support a ‘‘Wyoming program’’) under the Surface contingent or tiered delay. This Mining Control and Reclamation Act of 18-Month Extension of Transition document corrects that error. 1977 (‘‘SMCRA’’ or ‘‘the Act’’). Our Period and Delay of Applicability In addition, there is text missing in decision approves in part and Dates; Best Interest Contract the portion of the preamble that disapproves in part the amendment. Exemption (PTE 2016–01); Class discusses the Congressional Review Act Wyoming proposes both revisions of Exemption for Principal Transactions (CRA). The Department inadvertently and additions to its coal rules and in Certain Assets Between Investment omitted a discussion of the basis for regulations concerning ownership and Advice Fiduciaries and Employee making the delay effective more quickly control, adds a provision concerning Benefit Plans and IRAs (PTE 2016–02); than the 60-day period generally variable topsoil depths during Prohibited Transaction Exemption 84– required by the CRA for major rules. reclamation, and addresses four 24 for Certain Transactions Involving This document corrects that error. deficiencies that were identified by the Insurance Agents and Brokers, II. Correction of Errors Office of Surface Mining Reclamation Pension Consultants, Insurance and Enforcement (OSMRE) during the Companies, and Investment Company In FR Doc. 2017–25760 of November review of a previous program Principal Underwriters (PTE 84–24); 29, 2017 (82 FR 56545), make the amendment (WY–038–FOR; Docket ID Correction following preamble corrections: No. OSM–2009–0012). Wyoming 1. On page 56557, second column, revised its program to be consistent with AGENCY: Employee Benefits Security correct footnote 66 to read ‘‘See, e.g., the corresponding Federal regulations Administration, Labor. Comment Letter #121 (HSBC North and SMCRA, clarify ambiguities, and ACTION: Technical corrections. America Holdings Inc.); Comment Letter improve operational efficiency. #124 (Morgan, Lewis & Bockius LLP).’’ DATES: The effective date is January 8, SUMMARY: This document corrects two 2. On page 56559, second column, 2018. errors in the preamble of a document add the following language to the end of that appeared in the Federal Register on Congressional Review Act discussion: FOR FURTHER INFORMATION CONTACT: November 29, 2017. ‘‘Although the CRA generally requires Jeffrey Fleischman, Chief, Denver Field Division, Telephone: 307–261–6550, DATES: Issuance date: The correction is that major rules become effective no Internet address: jfleischman@ issued December 7, 2017 without sooner than 60 days after Congress OSMRE.gov. further action or notice. receives the required report, the CRA FOR FURTHER INFORMATION CONTACT: allows the issuing agency to make a rule SUPPLEMENTARY INFORMATION: Brian Shiker or Susan Wilker, (202) effective sooner, if the agency makes a I. Background on the Wyoming Program 693–8824, Office of Exemption good cause finding that such public II. Submission of the Proposed Determinations, Employee Benefits procedure is impracticable, Amendment Security Administration. unnecessary, or contrary to the public III. Office of Surface Mining Reclamation interest. For the same reasons and Enforcement’s (OSMRE’s) Findings SUPPLEMENTARY INFORMATION: underlying the good cause finding in the IV. Summary and Disposition of Comments I. Background April Delay Rule, the Department has V. OSMRE’s Decision VI. Procedural Determinations There is a clerical error in footnote 66 made such a good cause finding for this in FR Doc. 2017–25760 (published rule. See 82 FR 16902, 16915 (April 7, I. Background on the Wyoming November 29, 2017 at 82 FR 56545), 2017).’’ Program entitled ‘‘18-Month Extension of Signed at Washington, DC, this 5th day of Section 503(a) of the Act permits a Transition Period and Delay of December, 2017. State to assume primacy for the Applicability Dates; Best Interest Jeanne Klinefelter Wilson, regulation of surface coal mining and Contract Exemption (PTE 2016–01); Acting Assistant Secretary, Employee Benefits reclamation operations on non-Federal Class Exemption for Principal Security Administration, Department of and non-Indian lands within its borders Transactions in Certain Assets Between Labor. by demonstrating that its State program Investment Advice Fiduciaries and [FR Doc. 2017–26478 Filed 12–5–17; 4:15 pm] includes, among other things, State laws Employee Benefit Plans and IRAs (PTE BILLING CODE 4510–29–P and regulations that govern surface coal

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