11894 Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules

received by mail/hand delivery/courier information that you do not wish to be are subject to review by the Office of (for written/paper submissions) will be made publicly available, submit your Management and Budget (OMB) under considered timely if they are comments only as a written/paper the PRA (44 U.S.C. 3501–3521). postmarked or the delivery service submission. You should submit two FDA has received a request for a 30- acceptance receipt is on or before that copies total. One copy will include the day extension of the comment period on date. information you claim to be confidential the proposed rule to allow interested with a heading or cover note that states persons additional time to consider the Electronic Submissions ‘‘THIS DOCUMENT CONTAINS proposal. FDA has considered the Submit electronic comments in the CONFIDENTIAL INFORMATION.’’ The request and is granting the extension of following way: Agency will review this copy, including the comment period to allow interested • Federal eRulemaking Portal: the claimed confidential information, in persons additional opportunity to https://www.regulations.gov. Follow the its consideration of comments. The consider the proposal. We also are instructions for submitting comments. second copy, which will have the extending the comment period for the Comments submitted electronically, claimed confidential information information collection provisions to including attachments, to https:// redacted/blacked out, will be available make the comment period for the www.regulations.gov will be posted to for public viewing and posted on information collection provisions the the docket unchanged. Because your https://www.regulations.gov. Submit same as the comment period for the comment will be made public, you are both copies to the Dockets Management provisions of the proposed rule. To solely responsible for ensuring that your Staff. If you do not wish your name and clarify, FDA is requesting comment on comment does not include any contact information to be made publicly all issues raised by the proposed rule. confidential information that you or a available, you can provide this The Agency believes that this extension third party may not wish to be posted, information on the cover sheet and not allows adequate time for any interested such as medical information, your or in the body of your comments and you persons to fully consider the proposal anyone else’s Social Security number, or must identify this information as and submit comments. confidential business information, such ‘‘confidential.’’ Any information marked as a manufacturing process. Please note Dated: February 21, 2020. as ‘‘confidential’’ will not be disclosed Lowell J. Schiller, that if you include your name, contact except in accordance with 21 CFR 10.20 Principal Associate Commissioner for Policy. information, or other information that and other applicable disclosure law. For identifies you in the body of your more information about FDA’s posting [FR Doc. 2020–03944 Filed 2–27–20; 8:45 am] comments, that information will be of comments to public dockets, see 80 BILLING CODE 4164–01–P posted on https://www.regulations.gov. • FR 56469, September 18, 2015, or access If you want to submit a comment the information at: https:// with confidential information that you www.govinfo.gov/content/pkg/FR-2015- DEPARTMENT OF THE TREASURY do not wish to be made available to the 09-18/pdf/2015-23389.pdf. public, submit the comment as a Docket: For access to the docket to Alcohol and Tobacco Tax and Trade written/paper submission and in the read background documents or the Bureau manner detailed (see ‘‘Written/Paper electronic and written/paper comments Submissions’’ and ‘‘Instructions’’). received, go to https:// 27 CFR Part 9 Written/Paper Submissions www.regulations.gov and insert the [Docket No. TTB–2020–0002; Notice No. docket number, found in brackets in the 187] Submit written/paper submissions as heading of this document, into the follows: RIN 1513–AC54 ‘‘Search’’ box and follow the prompts • Mail/Hand delivery/Courier (for and/or go to the Dockets Management written/paper submissions): Dockets Proposed Establishment of the Verde Staff, 5630 Fishers Lane, Rm. 1061, Management Staff (HFA–305), Food and Valley Viticultural Area Rockville, MD 20852. Drug Administration, 5630 Fishers AGENCY: Alcohol and Tobacco Tax and Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Trade Bureau, Treasury. • For written/paper comments Timothy McGrath, Staff Director, Food submitted to the Dockets Management and Feed Laboratory Operations, Office ACTION: Notice of proposed rulemaking. Staff, FDA will post your comment, as of Regulatory Affairs, Food and Drug SUMMARY: The Alcohol and Tobacco Tax well as any attachments, except for Administration, 12420 Parklawn Dr., and Trade Bureau (TTB) proposes to information submitted, marked and Rm. 3142, Rockville, MD 20857, 301– establish the approximately 200 square- identified, as confidential, if submitted 796–6591, email: timothy.mcgrath@ mile ‘‘Verde Valley’’ viticultural area in as detailed in ‘‘Instructions.’’ fda.hhs.gov. Yavapai County, . The proposed Instructions: All submissions received With regard to the information viticultural area is not located within, must include the Docket No. FDA– collection: Domini Bean, Office of nor does it contain, any other 2019–N–3325 for ‘‘Laboratory Operations, Food and Drug established viticultural area. TTB Accreditation for Analyses of Foods.’’ Administration, Three White Flint designates viticultural areas to allow Received comments, those filed in a North, 10A–12M, 11601 Landsdown St., vintners to better describe the origin of timely manner (see ADDRESSES), will be North Bethesda, MD 20852, 301–796– their and to allow consumers to placed in the docket and, except for 5733, email: [email protected]. better identify wines they may those submitted as ‘‘Confidential SUPPLEMENTARY INFORMATION: In the purchase. TTB invites comments on this Submissions,’’ publicly viewable at Federal Register of November 4, 2019 proposed addition to its regulations. https://www.regulations.gov or at the (84 FR 59452), we published a proposed Dockets Management Staff between 9 rule entitled ‘‘Laboratory Accreditation DATES: Comments must be received by a.m. and 4 p.m., Monday through for Analyses of Foods’’ with a 120-day April 28, 2020. Friday. comment period on the provisions of ADDRESSES: You may electronically • Confidential Submissions—To the proposed rule and on the submit comments to TTB on this submit a comment with confidential information collection provisions that proposal, and view copies of this

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document, its supporting materials, and part 9 of the regulations, and a name made to exclude as many public lands any comments TTB receives on it within and a delineated boundary, as from the proposed AVA as possible, Docket No. TTB–2020–0002 as posted established in part 9 of the regulations. including Montezuma’s Castle and on Regulations.gov (https:// These designations allow vintners and Montezuma’s Well National Monuments www.regulations.gov), the Federal e- consumers to attribute a given quality, and the Prescott and Coconino National rulemaking portal. Please see the reputation, or other characteristic of a Forests, approximately 33 percent of the ‘‘Public Participation’’ section of this made from grown in an area land within the proposed Verde Valley document below for full details on how to the wine’s geographic origin. The AVA is still part of either the Prescott to comment on this proposal via establishment of AVAs allows vintners or Coconino National Forests. The Regulations.gov, U.S. mail, or hand to describe more accurately the origin of petition states that it was not practical delivery, and for full details on how to their wines to consumers and helps to draw a boundary that would exclude view or obtain copies of this document, consumers to identify wines they may all Federal land because several of the its supporting materials, and any purchase. Establishment of an AVA is vineyards within the proposed AVA are comments related to this proposal. neither an approval nor an endorsement ‘‘islands’’ of private land surrounded on FOR FURTHER INFORMATION CONTACT: by TTB of the wine produced in that all sides by Federal land. The petition Karen A. Thornton, Regulations and area. states that even with the amount of Federal land remaining within the Rulings Division, Alcohol and Tobacco Requirements Tax and Trade Bureau, 1310 G Street proposed AVA, there is still plenty of NW, Box 12, Washington, DC 20005; Section 4.25(e)(2) of the TTB privately owned land available for phone 202–453–1039, ext. 175. regulations (27 CFR 4.25(e)(2)) outlines vineyards within the proposed SUPPLEMENTARY INFORMATION: the procedure for proposing an AVA boundaries. and provides that any interested party The proposed AVA currently has 24 Background on Viticultural Areas may petition TTB to establish a - commercial vineyards, covering a total of approximately 125 acres. According TTB Authority growing region as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) to the petition, several existing Section 105(e) of the Federal Alcohol prescribes standards for petitions for the vineyards are planning to expand by a Administration Act (FAA Act), 27 establishment or modification of AVAs. total of an estimated 40 acres in the near U.S.C. 205(e), authorizes the Secretary Petitions to establish an AVA must future. In addition, there are 11 wineries of the Treasury to prescribe regulations include the following: located within the proposed AVA. for the labeling of wine, distilled spirits, • Evidence that the area within the According to the petition, the and malt beverages. The FAA Act proposed AVA boundary is nationally distinguishing features of the proposed provides that these regulations should, or locally known by the AVA name Verde Valley AVA are its climate, soils, among other things, prohibit consumer specified in the petition; and topography. The petition also deception and the use of misleading • An explanation of the basis for included information about the geology statements on labels and ensure that defining the boundary of the proposed of the proposed AVA. However, because labels provide the consumer with AVA; the petition did not compare the geology adequate information as to the identity • A narrative description of the of the proposed AVA to that of the and quality of the product. The Alcohol features of the proposed AVA affecting surrounding regions and did not and Tobacco Tax and Trade Bureau viticulture, such as climate, geology, describe the effect geology has on (TTB) administers the FAA Act soils, physical features, and elevation, viticulture, TTB does not consider pursuant to section 1111(d) of the that make the proposed AVA distinctive geology to be a distinguishing feature of Homeland Security Act of 2002, and distinguish it from adjacent areas the proposed AVA. Unless otherwise codified at 6 U.S.C. 531(d). The outside the proposed AVA boundary; noted, all information and data Secretary has delegated the functions • The appropriate United States pertaining to the proposed AVA and duties in the administration and Geological Survey (USGS) map(s) contained in this proposed rule come enforcement of these provisions to the showing the location of the proposed from the petition for the proposed Verde TTB Administrator through Treasury AVA, with the boundary of the Valley AVA and its supporting exhibits. Order 120–01, dated December 10, 2013 proposed AVA clearly drawn thereon; Name Evidence (superseding Treasury Order 120–01, and dated January 24, 2003). • A detailed narrative description of The proposed Verde Valley AVA is Part 4 of the TTB regulations (27 CFR the proposed AVA boundary based on located within the larger valley of the part 4) authorizes TTB to establish USGS map markings. Verde River in central Arizona. definitive viticultural areas and regulate According to the petition, the region of Verde Valley Petition the use of their names as appellations of the proposed AVA has been referred to origin on wine labels and in wine TTB received a petition from the as ‘‘Verde Valley’’ since 1583, when the advertisements. Part 9 of the TTB Verde Valley Wine Consortium, on Spanish explorer Antonio de Espejo regulations (27 CFR part 9) sets forth behalf of the local grape growers and recorded his travels in the area. With standards for the preparation and winemakers, proposing to establish the the passing of the Homestead Act in submission of petitions for the approximately 200 square-mile ‘‘Verde 1862, which granted land in the area to establishment or modification of Valley’’ AVA in Yavapai County, settlers who were willing make American viticultural areas (AVAs) and Arizona. The petition notes that the productive use of the land, pioneers lists the approved AVAs. entire geological feature known as began moving to the region and settled ‘‘Verde Valley’’ encompasses the town of Camp Verde. Later, Fort Definition approximately 714 square miles, most of Verde was built to provide military Section 4.25(e)(1)(i) of the TTB which is National Forest land. The protection for the residents. regulations (27 CFR 4.25(e)(1)(i)) defines proposed AVA, however, encompasses a The petition included several a viticultural area for American wine as much smaller area and excludes much examples of written works that refer to a delimited grape-growing region having of the public lands that are unavailable the ‘‘Verde Valley.’’ An early geological distinguishing features, as described in for viticulture. Although an effort was study of the region, published in 1890,

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was entitled, ‘‘Thenardite, mirabilite, Boundary Evidence Climate glauberite, halite, and associates, of the The proposed Verde Valley AVA is 1 The petition included information on Verde Valley, Arizona Territory.’’ A located in Yavapai County, Arizona, the annual precipitation amounts, 1963 publication by the U.S. approximately 100 miles north of the Department of Interior was titled, temperatures in degrees Fahrenheit (F), Phoenix metropolitan area. The Verde 5 ‘‘Geology and Ground Water in the River flows through the center of the and growing degree day (GDD) Verde Valley–The Mongollon Rim valley from northwest to southeast, and accumulations within the proposed 2 Region, Arizona.’’ In 2012, the Lonely steep foothills rise up around the valley. Verde Valley AVA. Planet travel site included the Verde The northern boundary separates the Valley region in its Top 10 list of U.S. proposed AVA from the Coconino TABLE 1—AVERAGE ANNUAL travel destinations for 2013. The article National Forest. The northern boundary PRECIPITATION AMOUNTS notes, ‘‘Between Phoenix and the Grand primarily follows the 3,800-foot [2012–2017] Canyon, the Verde Valley is taking off elevation contour because, according to as Arizona’s go-to destination, and not the petition, the terrain becomes too Average just among the spa and crystal Sedona steep for cultivation above that Location annual 3 fans of years past.’’ Finally, an article elevation. The proposed eastern (direction from proposed precipitation about the wine industry in Arizona, AVA) amounts boundary follows a series of elevation (inches) published in a 2013 edition of the In contours to separate the proposed AVA Business magazine, states that the from extremely steep terrain, as well as Proposed AVA ...... 13.83 majority of Arizona’s wine grapes are from the public lands within the Fry Lake (North) ...... 29.40 grown in ‘‘the greater Willcox area and Coconino National Forest and Bar M Canyon (East) ...... 26.86 4 the Verde Valley.’’ Montezuma’s Well and Montezuma’s Baker Butte (South) ...... 27.88 The petition also included several Castle National Monuments. The Prescott (West) ...... 18.10 photographs of local businesses and proposed southern boundary follows organizations that use the term ‘‘Verde section lines on the U.S.G.S. Valley’’ in their names. For example, the Average annual rainfall amounts topographic maps because, according to within the proposed Verde Valley AVA Verde Valley Fire District, Verde Valley the petition, there were no other are significantly lower than in the Medical Center, and Verde Valley consistent features on the map to follow. Montessori School all serve the region The petition states that most of the land surrounding regions. Due to the low of the proposed AVA. The local south of the proposed boundary is rainfall amounts, vineyard owners newspaper, the Verde Independent, is uninhabited and is part of the Coconino within the proposed AVA must use published by Verde Valley Newspapers, National Forest. The proposed western irrigation to ensure adequate hydration Inc. A local hotel is named the Verde boundary primarily follows the 3,800- for their vines. The petition states that Valley Inn, and a ballet studio is named foot elevation contour, to exclude the there are sufficient sources of Verde Valley Ballet. Finally, the petition steeper terrain of the Black Hills range groundwater within the proposed AVA included a page from the local and the public lands within the Prescott for irrigation, and vineyard owners also telephone directory which lists several National Forest. employ water conservation methods other businesses that use ‘‘Verde such as drip irrigation and the use of Distinguishing Features Valley’’ in their names, such as Verde agriculturally approved reclaimed Valley Plumbing, Verde Valley RV The distinguishing features of the water. Resort and Campground, and Verde proposed Verde Valley AVA are its Valley Self Storage. climate, soils, and topography.

TABLE 2—TEMPERATURES [2012–2017]

Annual mean Maximum Minimum tempera- Annual growing Location temperature temperature ture degree days (direction from proposed AVA) (degrees F) (degrees F) (degrees F) accumulations

Proposed AVA ...... 64.1 117.0 12.0 5,580 Fry Lake (North) ...... 49.0 94.0 ¥11.0 1,797 Bar M Canyon (East) ...... 50.4 98.0 ¥10.0 1,727 Baker Butte (South) ...... 53.3 94.0 6.0 2,668 Prescott (West) ...... 57.7 104.0 2.0 3,544

Temperatures within the proposed photosynthesis. The warm daytime accumulations within the proposed Verde Valley AVA are warmer than in temperatures lead to high annual GDD AVA are best suited for growing warm- each of the surrounding regions and accumulations. According to the climate grapes such as , Cabernet provide suitable heat and sunlight for petition, the temperatures and GDD

1 Blake, W.P. Thenardite, mirabilite, glauberite, 3 Reid, Robert. Top 10 travel destinations for 5 See Albert J. Winkler, General Viticulture halite, and associates, of the Verde Valley, Arizona 2013. Lonely Planet. December 2012. https:// (Berkeley: University of California Press, 1974), Territory. (1890) American Journal of Science, vol. www.lonelyplanet.com/travel-tips-and-articles/ pages 61–64. In the Winkler climate classification 39, number 229, pp. 43–45. 77583. system, annual heat accumulation during the growing season, measured in annual GDDs, defines 2 Twenter, Floyd R., and Metzger, D.G. Geology 4 Stanton, Alison. Arizona’s Growing Wine climatic regions. One GDD accumulates for each and Ground Water in the Verde Valley–The Industry. In Business. October 2013, pp. 20–21. degree Fahrenheit that a day’s mean temperature is Mongollon Rim Region, Arizona. Washington: http://inbusinessphx.com/in-business/arizonas- above 50 degrees F, the minimum temperature Government Printing Office. 1963. growing-wine-industry. required for grapevine growth.

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Sauvignon, Petite Sirah, , temperatures in the proposed AVA are the surrounding regions. According to Bianca, and . high during the daytime, cool nighttime the petition, such a significant drop in Finally, the petition included a air drains into the proposed AVA from nighttime temperatures delays grape discussion of the difference between the the surrounding higher elevations and ripening, lessens the respiration of daytime high temperatures and lowers the nighttime temperatures. As a acids, and increases phenolic nighttime low temperatures within the result, the difference between daytime development in the grapes. The proposed AVA and the surrounding high temperatures and nighttime low following tables show the mean diurnal regions. The petition referred to these temperatures within the proposed AVA temperature swings for each month temperature differences as ‘‘diurnal can exceed 30 degrees F, which is a during the growing season for the years temperature swings.’’ Although greater difference than found in any of 2014 to 2016.

TABLE 3—DIURNAL TEMPERATURE SWINGS FOR 2014 [Degrees F]

Location Month (direction from proposed AVA) April May June July August September

Within proposed AVA ...... 37.7 38.8 41.3 32.1 29.5 31.0 Fry Lake (North) ...... 28.3 30.0 35.4 27.7 23.7 24.1 Bar M Canyon (East) ...... 31.7 32.9 38.7 30.0 26.8 27.3 Baker Butte (South) ...... 19.7 20.9 23.2 21.9 18.7 16.2 Prescott (West) ...... 30.3 30.5 33.3 25.8 25.0 26.6

TABLE 4—DIURNAL TEMPERATURE SWINGS FOR 2015 [Degrees F]

Location Month (direction from proposed AVA) April May June July August September

Within proposed AVA ...... 37.3 33.0 38.0 32.2 34.4 33.9 Fry Lake (North) ...... 26.6 22.7 30.4 25.1 26.5 26.3 Bar M Canyon (East) ...... 33.0 30.6 35.7 28.0 29.4 30.4 Baker Butte (South) ...... 19.9 18.7 20.8 19.6 20.5 18.4 Prescott (West) ...... 30.2 26.1 31.2 24.6 26.1 28.7

TABLE 5—DIURNAL TEMPERATURE SWINGS FOR 2016 [Degrees F]

Location Month (direction from proposed AVA) April May June July August September

Within proposed AVA ...... 35.4 36.0 39.5 36.8 29.8 32.2 Fry Lake (North) ...... 24.9 26.6 32.7 29.2 24.4 25.0 Bar M Canyon (East) ...... 28.7 30.6 37.0 32.3 27.2 28.9 Baker Butte (South) ...... 18.5 19.5 23.1 22.1 18.0 16.7 Prescott (West) ...... 27.6 28.1 31.1 28.1 24.4 26.3

Soils although low calcium and magnesium east of the proposed AVA is comprised levels are common. Additionally, the of approximately 22 other defined soil The soils within the proposed Verde high bicarbonate levels in the series, most of which have the terms Valley AVA are primarily alluvial soils. groundwater of the proposed AVA have ‘‘stony’’ or ‘‘very stony’’ in their names. According to the petition, the majority been found to increase soil pH and To the west and southwest of the of the soils within the proposed AVA inhibit nutrient uptake in the vines. The proposed AVA, in the Black Hills, the are of the Altar, Mule, Cornville, petition states that these unfavorable soils are also typically stony. Major soil Anthony, Retriever, House Mountain, vineyard conditions can be mitigated series in these regions include Brolliar Cowan, and Arizo soil series. The through rootstock, varietal, and clonal very stony clay loam, Soldier cobbly composition of these soils ranges from selections that can tolerate and even loam, Lonti-Wineg, and Lynx. very fine sandy loam to gravelly loam benefit from these nutrient deficiencies. with silt and limestone. Traces of the To the north and east of the proposed Topography Supai, Verde, and Martin Limestone Verde Valley AVA, along the Mongollon The proposed Verde Valley AVA is formations can also be found throughout Rim, the soils are described in the located within the basin of the Verde the proposed AVA. petition as ‘‘stony.’’ The most prominent River. The petition describes the shape The petition states that the soils of the soil series in these two regions are of this basin as a ‘‘bowl with a crack in proposed AVA generally provide Brolliar stony loam and Siesta stony silt it to the south where the river flows out appropriate water drainage and have loam. According to the petition, the of the valley.’’ The edges of the ‘‘bowl’’ above-moderate levels of nutrients, remainder of the soil to the north and gently slope down towards the valley

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floor at angles of 2 to 15 percent. According to the petition, the using inversion fans and protective Elevations within the proposed AVA proposed Verde Valley AVA’s sprays and by planting late-budding range from approximately 3,000 feet to topography affects viticulture. Gentle varietals of grapes. 5,000 feet, although most of the slopes allow for easier vineyard proposed AVA is below 3,900 feet. management than steep slopes. Summary of Distinguishing Features The proposed AVA is surrounded on Furthermore, because the proposed The evidence provided in the petition all sides by higher elevations and AVA is lower than the surrounding indicates that the climate, soil, and steeper slopes. To the north and regions, cold air drains from the higher topography of the proposed Verde northeast of the proposed AVA, elevations into the proposed AVA elevations rise up to 8,000 feet along the during the spring and fall. As a result, Valley AVA distinguish it from the edge of the Mongollon Rim. To the west the risk of frost damage increases in the surrounding regions in each direction. and southwest of the proposed AVA are proposed AVA, particularly in The following table summarizes the the Black Mountains, which have steep vineyards adjacent to the river. The features of the proposed AVA and the slopes and elevations up to petition states that vineyard owners surrounding regions. approximately 7,800 feet. attempt to mitigate the risk of frost by

SUMMARY OF DISTINGUISHING FEATURES

Region Climate Soils Topography

Proposed Verde Valley AVA ...... Average of 13.83 inches of rain Alluvial soils composed of loams Gentle slopes with angles of 2 to annually; average GDD accu- ranging from very fine sandy 15 percent; elevations between mulations of 5,580; hot sum- loams to gravelly loams with silt 3,000 and 5,000 feet. mers and moderate winters; and limestone. growing season diurnal tem- perature swings of 30 degrees or higher. North ...... Higher annual rainfall amounts; Stony soils primarily of the Brollar Steep slopes with elevations up to lower GDD accumulations; stony loam and Siesta stony silt 8,000 feet. cooler summers and colder win- series. ters; smaller diurnal tempera- ture difference swings. East ...... Higher annual rainfall amounts; Stony soils primarily of the Brolliar Steep slopes with elevations up to lower GDD accumulations; stony loam and Siesta stony silt 8,000 feet. cooler summers and colder win- series. ters; smaller diurnal tempera- ture difference swings. South ...... Higher annual rainfall amounts; Stony soils primarily of the Brolliar Steep slopes with elevations up to lower GDD accumulations; very stony clay loam, Soldier 7,800 feet. cooler summers and moderate cobbly loam, Lonti-Wineg, and winters; smaller diurnal tem- Lynx series. perature difference swings. West ...... Higher annual rainfall amounts; Stony soils primarily of the Brolliar Steep slopes with elevations up to lower GDD accumulations; very stony clay loam, Soldier 7,800 feet. cooler summers and moderate cobbly loam, Lonti-Wineg, and winters; smaller diurnal tem- Lynx series. perature difference swings.

TTB Determination Impact on Current Wine Labels a brand name containing an AVA name Part 4 of the TTB regulations prohibits that was used as a brand name on a TTB concludes that the petition to label approved before July 7, 1986. See establish the approximately 200-square any label reference on a wine that indicates or implies an origin other than § 4.39(i)(2) of the TTB regulations (27 mile Verde Valley AVA merits CFR 4.39(i)(2)) for details. consideration and public comment, as the wine’s true place of origin. For a invited in this proposed rule. wine to be labeled with an AVA name, If TTB establishes this proposed AVA, at least 85 percent of the wine must be its name, ‘‘Verde Valley,’’ will be Boundary Description derived from grapes grown within the recognized as a name of viticultural area represented by that name, and the See the narrative description of the significance under § 4.39(i)(3) of the wine must meet the other conditions TTB regulations (27 CFR 4.39(i)(3)). The boundary of the petitioned-for AVA in listed in § 4.25(e)(3) of the TTB text of the proposed regulation clarifies the proposed regulatory text published regulations (27 CFR 4.25(e)(3)). If the this point. Consequently, if this at the end of this proposed rule. wine is not eligible for labeling with an proposed rule is adopted as a final rule, Maps AVA name and that name appears in the brand name, then the label is not in wine bottlers using the name ‘‘Verde The petitioner provided the required compliance and the bottler must change Valley’’ in a brand name, including a maps, and they are listed below in the the brand name and obtain approval of trademark, or in another label reference proposed regulatory text. You may also a new label. Similarly, if the AVA name as to the origin of the wine, would have view the proposed Verde Valley AVA appears in another reference on the to ensure that the product is eligible to boundary on the AVA Map Explorer on label in a misleading manner, the bottler use the AVA name as an appellation of the TTB website, at https://www.ttb.gov/ would have to obtain approval of a new origin. wine/ava-map-explorer. label. Different rules apply if a wine has

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Public Participation Please submit your comments by the and any electronic or mailed comments closing date shown above in this that TTB receives about this proposal by Comments Invited proposed rule. Your comments must appointment at the TTB Information TTB invites comments from interested reference Notice No. 187 and include Resource Center, 1310 G Street NW, members of the public on whether it your name and mailing address. Your Suite 400, Washington, DC 20005. You should establish the proposed AVA. comments also must be made in may also obtain copies at 20 cents per TTB is also interested in receiving English, be legible, and be written in 8.5- x 11-inch page. Please note that comments on the sufficiency and language acceptable for public TTB is unable to provide copies of accuracy of the name, boundary, soils, disclosure. TTB does not acknowledge USGS maps or any similarly-sized climate, and other required information receipt of comments, and TTB considers documents that may be included as part submitted in support of the petition. all comments as originals. of the AVA petition. Contact TTB’s Please provide any available specific In your comment, please clearly Regulations and Rulings Division at the information in support of your indicate if you are commenting on your above address, by email using the web comments. own behalf or on behalf of an form at https://www.ttb.gov/contact-rrd, Because of the potential impact of the association, business, or other entity. If or by telephone at 202–453–1039, ext. establishment of the proposed Verde you are commenting on behalf of an 175, to schedule an appointment or to Valley AVA on wine labels that include entity, your comment must include the request copies of comments or other the term ‘‘Verde Valley,’’ as discussed entity’s name, as well as your name and materials. position title. If you comment via above under Impact on Current Wine Regulatory Flexibility Act Labels, TTB is particularly interested in Regulations.gov, please enter the comments regarding whether there will entity’s name in the ‘‘Organization’’ TTB certifies that this proposed be a conflict between the proposed area blank of the online comment form. If regulation, if adopted, would not have name and currently used brand names. you comment via postal mail or hand a significant economic impact on a If a commenter believes that a conflict delivery/courier, please submit your substantial number of small entities. will arise, the comment should describe entity’s comment on letterhead. The proposed regulation imposes no the nature of that conflict, including any You may also write to the new reporting, recordkeeping, or other anticipated negative economic impact Administrator before the comment administrative requirement. Any benefit that approval of the proposed AVA will closing date to ask for a public hearing. derived from the use of an AVA name have on an existing viticultural The Administrator reserves the right to would be the result of a proprietor’s enterprise. TTB is also interested in determine whether to hold a public efforts and consumer acceptance of receiving suggestions for ways to avoid hearing. wines from that area. Therefore, no conflicts, for example, by adopting a Confidentiality regulatory flexibility analysis is modified or different name for the AVA. required. All submitted comments and Submitting Comments attachments are part of the public record Executive Order 12866 and subject to disclosure. Do not You may submit comments on this enclose any material in your comments It has been determined that this proposed rule by using one of the that you consider to be confidential or proposed rule is not a significant following three methods (please note inappropriate for public disclosure. regulatory action as defined by that TTB has a new address for Executive Order 12866 of September 30, comments submitted by U.S. Mail): Public Disclosure 1993. Therefore, no regulatory • Federal e-Rulemaking Portal: You TTB will post, and you may view, assessment is required. may send comments via the online copies of this proposed rule, selected Drafting Information comment form posted with this supporting materials, and any online or proposed rule within Docket No. TTB– mailed comments received about this Karen A. Thornton of the Regulations 2020–0002 on ‘‘Regulations.gov,’’ the proposal within Docket No. TTB–2020– and Rulings Division drafted this Federal e-rulemaking portal, at http:// 0002 on the Federal e-rulemaking proposed rule. www.regulations.gov. A direct link to portal, Regulations.gov, at https:// List of Subjects in 27 CFR Part 9 that docket is available under Notice www.regulations.gov. A direct link to No. 187 on the TTB website at https:// that docket is available on the TTB Wine. www.ttb.gov/wine/wine- website at https://www.ttb.gov/wine/ Proposed Regulatory Amendment rulemaking.shtml. Supplemental files wine-rulemaking.shtml under Notice may be attached to comments submitted No. 187. You may also reach the For the reasons discussed in the via Regulations.gov. For complete relevant docket through the preamble, TTB proposes to amend title instructions on how to use Regulations.gov search page at https:// 27, chapter I, part 9, Code of Federal Regulations.gov, visit the site and click www.regulations.gov. For information Regulations, as follows: on the ‘‘Help’’ tab. on how to use Regulations.gov, click on • U.S. Mail: You may send comments the site’s ‘‘Help’’ tab. PART 9—AMERICAN VITICULTURAL via postal mail to the Director, All posted comments will display the AREAS Regulations and Rulings Division, commenter’s name, organization (if Alcohol and Tobacco Tax and Trade any), city, and State, and, in the case of ■ 1. The authority citation for part 9 Bureau, 1310 G Street NW, Box 12, mailed comments, all address continues to read as follows: Washington, DC 20005. information, including email addresses. Authority: 27 U.S.C. 205. • Hand Delivery/Courier: You may TTB may omit voluminous attachments hand-carry your comments or have them or material that the Bureau considers Subpart C—Approved American hand-carried to the Alcohol and unsuitable for posting. Viticultural Areas Tobacco Tax and Trade Bureau, 1310 G You may also view copies of this Street NW, Suite 400, Washington, DC proposed rule, all related petitions, ■ 2. Subpart C is amended by adding 20005. maps and other supporting materials, §9.llto read as follows:

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§9.ll Verde Valley. Valley Road to its terminus at a (21) Proceed west along the southern (a) Name. The name of the viticultural structure on Deer Pass Ranch in Section boundaries of Sections 19, 13, 14, 15, area described in this section is ‘‘Verde 12, T16N/R4E; then 16, 17, and 18, T13N/R53, and Section Valley’’. For purposes of part 4 of this (9) Proceed south in a straight line to 13, T13N/R4E, to the intersection with chapter, ‘‘Verde Valley’’ is a term of the 3,800-foot elevation contour in the 3,800-foot elevation contour in viticultural significance. Section 12, T16/NR4E; then Section 13, T13N/R4E; then (b) Approved maps. The 9 United (10) Proceed south-southeasterly (22) Proceed northwesterly along the States Geological Survey (USGS) along the 3,800-foot elevation contour, 3,800-foot elevation contour, crossing 1:24,000 scale topographic maps used to crossing over the southwestern corner of over the Middle Verde and Cornville determine the boundary of the Verde the Sedona Quadrangle and onto the Quadrangles and onto the Cottonwood Valley viticultural area are titled: Lake Montezuma Quadrangle, to the Quadrangle, to the intersection of the (1) Camp Verde, Ariz., 1969; intersection of the contour line with an elevation contour with an unnamed (2) Clarkdale, Ariz., 1973; unnamed creek in Section 6, T15N/R5E; creek in Del Monte Gulch in Section 5, (3) Cornville, Ariz., 1968; then T15N/R3E; then (4) Cottonwood, Ariz., 1973; (11) Proceed southwesterly along the (23) Proceed westerly along the (5) Lake Montezuma, Ariz., 1969; unnamed creek until its intersection unnamed creek to its intersection with (6) Middle Verde, Ariz., 1969; with the 3,600-foot elevation contour in the 5,000-foot elevation contour in (7) Munds Draw, Ariz., 1973; Section 1, T15N/R4E; then Section 26, T16N/R2E; then (8) Page Springs, Ariz., 1969; and (12) Proceed southerly along the (24) Proceed northerly along the (9) Sedona, Ariz., 1969. 3,600-foor elevation contour, crossing 5,000-foot elevation contour, crossing (c) Boundary. The Verde Valley briefly onto the Cornville Quadrangle over the Clarkdale Quadrangle and onto viticultural area is located in Yavapai and then back onto the Lake Montezuma the Munds Draw Quadrangle, to the County, Arizona. The boundary of the Quadrangle, to the intersection of the intersection of the elevation contour Verde Valley viticultural area is as elevation contour with an unnamed with a pipeline in Section 4, T16N/R2E; described below: secondary highway known locally as then (1) The beginning point of the Cornville Road in Section 7, T15N/R5E; (25) Proceed southeasterly along the boundary is at the intersection of the then pipeline, crossing onto the Clarkdale 3,800-foot elevation contour and the (13) Proceed southeast along Cornville Quadrangle, and continuing northern boundary of Section 32, T17N/ Road to its intersection with the 3,600- northeasterly along the pipeline to its R3E, on the Clarkdale Quadrangle. From foot elevation contour in Section 20, intersection with the 3,800-foot the beginning point, proceed east along T15N/R5 E; then elevation contour in Section 32, T17N/ the northern boundary of Section 32 (14) Proceed easterly, then southerly, R3E; then until its intersection with the Verde along the elevation contour to its (26) Proceed northerly along the River; then intersection with the boundary of the 3,800-foot contour, returning to the (2) Proceed north along the Verde Montezuma Castle National Monument beginning point. River to its intersection with the in Section 36, T15N/R5E; then western boundary of Section 21, T17N/ (15) Proceed west, southeast, Signed: November 26, 2019. R3E; then southwest, and then east along the Mary G. Ryan, (3) Proceed north along the western boundary of the Montezuma Castle Acting Administrator. boundaries of Sections 21 and 16 to the National Monument to its intersection Approved: February 4, 2020. intersection with the 3,800-foot with range line separating R5E and R6E; Timothy E. Skud, elevation contour; then then (4) Proceed southerly then easterly (16) Proceed south along the R5E/R6E Deputy Assistant Secretary (Tax, Trade, and Tariff Policy). along the 3,800-foot elevation contour, range line, crossing onto the Camp crossing onto the Page Springs Verde Quadrangle, to the intersection of [FR Doc. 2020–04012 Filed 2–27–20; 8:45 am] Quadrangle, to its intersection with Bill the range line and the southeastern BILLING CODE 4810–31–P Gray Road in Section 18, T16N/R4E; corner of Section 12, T14N/R5E; then then (17) Proceed west along the southern (5) Proceed north along Bill Gray boundaries of Sections 12, 11, 10, and DEPARTMENT OF HOMELAND Road to its intersection with an 9 to the intersection of the southern SECURITY unnamed, unimproved road known boundary of Section 9 and the locally as Forest 761B Road in Section Montezuma Castle National Monument; Coast Guard 32, T17N/R4E; then then (6) Proceed east, then northeast, along (18) Proceed along the boundary of 33 CFR Part 100 Forest 761B Road to its intersection the Montezuma Castle National [Docket Number USCG–2020–0078] with Red Canyon Road in Section 26, Monument in a counterclockwise RIN 1625–AA08 T17N/R4E; then direction to the intersection of the (7) Proceed south along Red Canyon monument boundary and the 3,300-foot Special Local Regulation; Sail Grand Road to its intersection with U.S. elevation contour in Section 16, T14N/ Prix 2020 Race Event; San Francisco, Highway 89 Alt. in Section 35, T17N/ R5E; then CA R4E; then (19) Proceed southerly, then (8) Proceed east over U.S. Highway 89 southeasterly, along the 3,300-foot AGENCY: Coast Guard, DHS. Alt. in a straight line to and unnamed, elevation contour to its intersection ACTION: Notice of proposed rulemaking. unimproved road known locally as with the eastern boundary of Section 18, Angel Valley Road, and proceed T13N/R6E; then SUMMARY: The Coast Guard is proposing southeasterly along Angel Valley Road (20) Proceed south along the eastern to establish a temporary special local as it becomes a light-duty road, crossing boundary of Section 18 to its regulation in the navigable waters of over Oak Creek, and continuing along intersection with the southern boundary San Francisco Bay in San Francisco, CA the southernmost segment of Angel of Section 18; then in support of the San Francisco Sail

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