Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules 19895

(p) Related Information notice as posted within Docket No. Definition (1) Refer to Mandatory Continuing TTB–2015–0007 at Regulations.gov, the Section 4.25(e)(1)(i) of the TTB Airworthiness Information (MCAI) EASA Federal e-rulemaking portal); regulations (27 CFR 4.25(e)(1)(i)) defines Airworthiness Directive 2013–0232R1, dated • U.S. Mail: Director, Regulations and October 2, 2013, for related information. This a viticultural area for American wine as MCAI may be found in the AD docket on the Rulings Division, Alcohol and Tobacco a delimited grape-growing region having Internet at http://www.regulations.gov by Tax and Trade Bureau, 1310 G Street distinguishing features, as described in searching for and locating Docket No. FAA– NW., Box 12, Washington, DC 20005; or part 9 of the regulations, and a name 2015–0824. • Hand delivery/courier in lieu of and a delineated boundary, as (2) For service information identified in mail: Alcohol and Tobacco Tax and established in part 9 of the regulations. this AD, contact Airbus SAS, Airworthiness Trade Bureau, 1310 G Street NW., Suite These designations allow vintners and Office—EAW, 1 Rond Point Maurice 200–E, Washington, DC 20005. consumers to attribute a given quality, Bellonte, 31707 Blagnac Cedex, France; reputation, or other characteristic of a telephone +33 5 61 93 36 96; fax +33 5 61 See the PUBLIC PARTICIPATION section 93 44 51; email account.airworth-eas@ wine made from grapes grown in an area of this notice for specific instructions to the wine’s geographic origin. The airbus.com; Internet http://www.airbus.com. and requirements for submitting You may view this service information at the establishment of AVAs allows vintners comments, and for information on how to describe more accurately the origin of FAA, Transport Airplane Directorate, 1601 to request a public hearing or view or Lind Avenue SW., Renton, WA. For their wines to consumers and helps information on the availability of this obtain copies of the petition and consumers to identify wines they may material at the FAA, call 425–227–1221. supporting materials. purchase. Establishment of an AVA is Issued in Renton, Washington, on March FOR FURTHER INFORMATION CONTACT: neither an approval nor an endorsement 27, 2015. Karen A. Thornton, Regulations and by TTB of the wine produced in that Michael Kaszycki, Rulings Division, Alcohol and Tobacco area. Acting Manager, Transport Airplane Tax and Trade Bureau, 1310 G St. NW., Requirements Directorate, Aircraft Certification Service. Box 12, Washington, DC 20005; phone [FR Doc. 2015–08071 Filed 4–13–15; 8:45 am] 202–453–1039, ext. 175. Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2)) outlines BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: the procedure for proposing an AVA Background on Viticultural Areas and provides that any interested party may petition TTB to establish a grape- DEPARTMENT OF THE TREASURY TTB Authority growing region as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) Alcohol and Tobacco Tax and Trade Section 105(e) of the Federal Alcohol Bureau prescribes the standards for petitions for Administration Act (FAA Act), 27 the establishment or modification of U.S.C. 205(e), authorizes the Secretary 27 CFR Part 9 AVAs. Petitions to establish an AVA of the Treasury to prescribe regulations must include the following: [Docket No. TTB–2015–0007; Notice No. for the labeling of wine, distilled spirits, • Evidence that the area within the 151] and malt beverages. The FAA Act proposed AVA boundary is nationally provides that these regulations should, RIN 1513–AC17 or locally known by the AVA name among other things, prohibit consumer specified in the petition; Proposed Establishment of the deception and the use of misleading • An explanation of the basis for Lamorinda Viticultural Area statements on labels, and ensure that defining the boundary of the proposed labels provide the consumer with AVA; AGENCY: Alcohol and Tobacco Tax and adequate information as to the identity • A narrative description of the Trade Bureau, Treasury. and quality of the product. The Alcohol features of the proposed AVA affecting ACTION: Notice of proposed rulemaking. and Tobacco Tax and Trade Bureau viticulture, such as climate, geology, (TTB) administers the FAA Act soils, physical features, and elevation, SUMMARY: The Alcohol and Tobacco Tax pursuant to section 1111(d) of the that make the proposed AVA distinctive and Trade Bureau (TTB) proposes to Homeland Security Act of 2002, and distinguish it from adjacent areas establish the approximately 29,369-acre codified at 6 U.S.C. 531(d). The outside the proposed AVA boundary; ‘‘Lamorinda’’ viticultural area in Contra Secretary has delegated various • The appropriate United States Costa County, California. The proposed authorities through Treasury Geological Survey (USGS) map(s) viticultural area lies entirely within the Department Order 120–01 (Revised), showing the location of the proposed larger Bay viticultural dated December 10, 2013, to the TTB AVA, with the boundary of the area and the multicounty Central Coast Administrator to perform the functions proposed AVA clearly drawn thereon; viticultural area. TTB designates and duties in the administration and and viticultural areas to allow vintners to enforcement of this law. • A detailed narrative description of better describe the origin of their wines Part 4 of the TTB regulations (27 CFR the proposed AVA boundary based on and to allow consumers to better part 4) authorizes TTB to establish USGS map markings. identify wines they may purchase. TTB definitive viticultural areas and regulate invites comments on this proposed the use of their names as appellations of Lamorinda Petition addition to its regulations. origin on wine labels and in wine TTB received a petition from Patrick DATES: Comments must be received by advertisements. Part 9 of the TTB L. Shabram, on behalf of the Lamorinda June 15, 2015. regulations (27 CFR part 9) sets forth Wine Growers Association, proposing ADDRESSES: Please send your comments standards for the preparation and the establishment of the ‘‘Lamorinda’’ on this notice to one of the following submission of petitions for the AVA. The proposed Lamorinda AVA is addresses: establishment or modification of located in Contra Costa County, • Internet: http://www.regulations.gov American viticultural areas (AVAs) and California, and contains the cities of (via the online comment form for this lists the approved AVAs. Lafayette, Moraga, and Orinda. The

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proposed viticultural area lies in the terrain and occupies an area described proposed AVA are located on hillsides northeast portion of the San Francisco in the petition as suburban. Elevations because the valley floors are too narrow Bay AVA (27 CFR 9.157) and also range from approximately 220 feet along for commercial viticulture. Because of within the larger, multicounty Central Las Trampas Creek, which runs through the steepness of the hillsides, machinery Coast AVA (27 CFR 9.75). the city of Lafayette in the eastern cannot be used safely in the vineyards. The proposed AVA contains portion of the proposed AVA, to a Therefore, all vineyard work, including approximately 29,369 acres and has 46 2,024-foot peak on Rocky Ridge in the harvesting, must be done by hand. The commercially producing vineyards that southeastern corner of the proposed inability to use machinery keeps the cover approximately 139 acres. The AVA. vineyards small. The steep hillsides also petition states that the individual The eastern boundary of the proposed promote airflow within the vineyards, vineyards are small, each covering less Lamorinda AVA follows a series of which dries and cools the vines and than 5 acres, due to the hilly terrain and straight lines drawn along the ridgeline reduces the risk of mildew. Finally, the the largely suburban nature of the that separates the city of Walnut Creek, hilly terrain is suitable for growing both region. However, three much larger which lies just outside the boundary, cool- and warm-climate varietals, commercial vineyards covering a total of from the city of Lafayette. The proposed sometimes within the same vineyard. As 130 acres are either in the early eastern boundary also separates the an example of cool- and warm-climate development or public review stages. hilly terrain of the proposed AVA from grapes growing in the same vineyard, There also are six bonded wineries the flatter, lower elevations of the the petition cites the Captain Vineyards currently within the proposed AVA. Ygnacio Valley and the San Ramon in Moraga, which grows both According to the petition, the Valley. The proposed southern and . The steepness distinguishing features of the proposed boundary follows a series of straight of the vineyard means vines planted on Lamorinda AVA include its topography, lines drawn between peaks to separate the lower portions of the hillsides soils, geology, and climate. Unless the proposed AVA from the more receive less sunlight, making the otherwise noted, all information and rugged, mountainous terrain to the temperature cool enough to grow cool- data pertaining to the proposed south. The proposed western boundary climate grapes such as Pinot Noir. By viticultural area contained in this follows a series of lines drawn between contrast, the hilltops receive more document are from the petition for the mountain peaks to follow the Gudde sunlight, which raises the temperature proposed Lamorinda AVA and its Ridge, which separates the proposed enough to grow warm-climate grapes supporting exhibits, which may be AVA from the Berkeley Hills and such as Cabernet Sauvignon. viewed in Docket No. TTB–2015–0007 Oakland Highlands, both of which lie The hilly-to-mountainous topography at Regulations.gov. west of the proposed AVA. West of the of the proposed Lamorinda AVA Name Evidence Berkeley Hills and Oakland Highlands, contrasts with the terrain of the the land slopes sharply towards the The proposed Lamorinda AVA takes surrounding regions. To the north, the flatter, lower terrain surrounding San terrain becomes flatter as the land its name from a commonly used Leandro Bay and . portmanteau derived from the names of slopes down towards Suisun Bay. To The proposed northern boundary the immediate east of the proposed AVA the three cities within the region: follows a portion of the corporate Lafayette (‘‘La’’), Moraga (‘‘mor’’), and are the Ygnacio Valley and San Ramon boundary line of the city of Orinda and Valley, which both have flatter terrain Orinda (‘‘inda’’). As evidence of the use a series of straight lines drawn between of the name ‘‘Lamorinda’’ in this region, than the proposed AVA. To the unnamed peaks whose elevations are immediate south of the proposed AVA, the petition included a Rand McNally marked on the USGS maps. The map of the region titled ‘‘Lamorinda.’’ the topography is more mountainous proposed boundary separates the and rugged than within the proposed The petition also included a listing of proposed AVA from the lower, slightly publications, sports clubs, businesses, AVA. To the west, the Berkeley Hills cooler region surrounding the Briones and Oakland Hills give way to the flat and organizations within the proposed Reservoir, the San Pablo Reservoir, and AVA that use the name ‘‘Lamorinda.’’ coastal terrain along San Leandro Bay Suisun Bay, which all lie just north of and San Francisco Bay. For example, a biweekly newspaper the proposed AVA. entitled Lamorinda Weekly and a Web In addition to having a distinctive site known as Lamorinda Web both Distinguishing Features topography, the proposed Lamorinda provide news and information about the The distinguishing features of the AVA also has a suburban land use community. The Lamorinda Soccer proposed Lamorinda AVA include its pattern that is distinct from many other Club, the Lamorinda Baseball Club, and topography, soils, geology, and climate. AVAs. According to the petition, 79.5 the Lamorinda Rugby Football Club are percent of the proposed AVA is located all youth sports organizations in the Topography within the city limits of Lafayette, region. A local transportation service The proposed Lamorinda AVA is Moraga, and Orinda. However, the known as the Lamorinda Spirit Van characterized by hilly-to-mountainous petition also notes that the proposed provides transportation for the elderly terrain, with a number of moderate-to- AVA has semi-rural characteristics, with and individuals with disabilities within steep slopes throughout the region. homes on large lots and a low the region of the proposed AVA. Other Valleys within the proposed AVA tend population density. As a result, property businesses and organizations cited in to be very narrow. The high ridgelines owners often have room to plant the petition include Lamorinda Moms, that form the northern and western vineyards that are large enough to allow Lamorinda Democratic Club, Lamorinda boundaries of the proposed AVA limit for commercial viticulture. The petition Sunrise Rotary, Lamorinda Music, the amount of cool marine air that states that the areas to the immediate Lamorinda Pediatrics, Lamorinda enters the region, giving the proposed east and west of the proposed AVA are Theatre Academy, and Lamorinda Solar. AVA a warmer climate than the regions more urban than the proposed AVA, to the north and west. with higher population densities and Boundary Evidence According to the petition, the hilly land that is subdivided into much The proposed Lamorinda AVA is terrain of the proposed AVA affects smaller lots than the land within the comprised of hilly-to-mountainous viticulture. All vineyards within the proposed Lamorinda AVA. Therefore,

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commercial viticulture is not possible common in the Mulholland Formation, terrain of the proposed AVA. The within those areas. and claystone casts, which are present steepness of the hills provides good in large numbers in the Orinda Soils drainage and limits the depth of the Formation. soils, both of which help mitigate the According to a geological report The proposed Lamorinda AVA is high water-holding capacity of the soils included with the petition as Exhibit B, bordered by two major faults. The in the proposed AVA. Finally, the hills the soils of the proposed Lamorinda Hayward Fault lies to the west of the of the proposed AVA allow for good AVA are classified as mollisols and proposed AVA and passes through the airflow in vineyards and provide a vertisols. Mollisols are soils that are cities of Oakland and Berkeley. The variety of slope aspects that are suitable high in organic material and calcium Calaveras Fault runs east of the for growing a wide variety of grapes. and are common in areas where grass is proposed AVA and through the city of the predominant native vegetation. Walnut Creek. The two faults angle Climate Vertisols, the predominant soils in the toward each other and merge south of proposed AVA, have high levels of clay the proposed AVA. Millions of years Ridgelines shelter the proposed and are known to shrink and form deep ago, seismic activity in the Hayward Lamorinda AVA from much of the cracks during dry periods. The high clay Fault led to the uplifting of the Berkeley diurnal fog and cool marine air moving content in the soils of the proposed Hills and the formation of a restricted inland from San Francisco Bay, San AVA is attributable to the weathering of marine basin in the region of the Pablo Bay, and Suisun Bay. While some the clay-rich Orinda Formation that proposed AVA. A restricted marine marine air enters the proposed AVA underlies the region. basin is a body of saltwater or brackish through narrow creek valleys and wind The most prevalent soil series within water that has more water flowing into gaps, the region is less exposed to the the proposed AVA are Los Osos clay the basin than out of it, due to the cool air as the regions along the bays. loam, Lodo clay loam, Alo clay, Sehorn surrounding topography. Fine materials Additionally, the small amount of clay, and Altamont-Fontana Complex. weathering from the Berkeley Hills, to daytime fog that enters the proposed Clay-rich soils such as these typically the west, and the foothills of Mount AVA is thin and burns off quickly, have high water-holding capacities, Diablo, to the southeast, settled in this unlike the heavier, longer-lasting fog of which can reduce the sugar content of basin and led to the creation of the the coastal areas. As a result, the the grapes and increase the risk of Orinda Formation. Eventually, the basin proposed AVA receives more sunlight diseases and rot in vineyards. However, was completely restricted and became a and has generally warmer temperatures the soils of the proposed Lamorinda shallow lake. The deposition of than the surrounding regions, except for AVA have lower than expected water- weathered material into this shallow the regions farther inland, which receive holding capacities because the thinness lake created the Mulholland Formation. very little, if any, marine air and fog. of the soils, the steepness of the terrain, Over time, seismic activity along the The proposed AVA does receive some and the presence of sand in the soils all Hayward Fault and the Calaveras Fault nocturnal fog, although the petition allow for the rapid runoff of excess uplifted the bottom of the shallow lake, states that nocturnal fog has a different water. The thinness of the soils also has draining the lake and forming the hilly effect on temperatures than diurnal fog. the added effect of preventing the vines terrain that is characteristic of the Diurnal fog usually lowers daytime from growing too vigorously. proposed Lamorinda AVA. temperatures by blocking the sunlight. The soils of the proposed Lamorinda To the east of the proposed By contrast, nocturnal fog has a modest AVA are distinctive from the soils in the Lamorinda AVA, the dominant warming effect on nighttime surrounding regions. The soils to the geological formation is the Tassajara– temperatures. When the heat that has west, south, and southeast of the Green Valley Formation, which consists been absorbed by soil during the day is proposed AVA are formed from a of mudstone, sandstone, and small released back into the air at night, combination of sedimentary and amounts of volcanic material. To the nocturnal fog acts as a blanket, trapping volcanic materials. To the north of the south of the proposed AVA, the Orinda, the heat closer to the ground and proposed Lamorinda AVA, the soils Briones, and Mulholland Formations preventing it from dissipating. along the Suisun Bay are fine-grained continue to dominate, eventually giving bay mud, which is unsuitable for way to the Forearc Assemblage. To the The petition included annual growing 1 viticulture due to its high water-holding west, the dominant geologic formations degree day (GDD) data from eight capacity. To the east in the Ygnacio are the Forearc Assemblage, the weather stations within and around the Valley, the soils are deeper, coarser Franciscan Formation, and the Great proposed Lamorinda AVA. The data alluvial deposits. Valley Ophiolite, along with the Moraga from all eight stations is contained in Formation and Siesta Formation. To the Exhibit C of the petition. Of the four Geology north, the Briones and Monterey stations that had complete data from The dominant geological formation of Formations dominate and eventually 2007 to 2011, the data showed that the the proposed AVA is the Orinda give way to Forearc Assemblage. proposed AVA had the highest GDD Formation. Other major geological The geology of the proposed accumulations over that period, which formations within the proposed AVA Lamorinda AVA affects viticulture substantiates the petition’s claim that include the Briones Formation and the indirectly through its role in forming the the proposed AVA is sheltered from Mulholland Formation. All three of terrain and soils of the region. Erosion cooling marine air and diurnal fog more these underlying geological formations of the Orinda Formation led to the so than surrounding areas. The contain large amounts of sedimentary formation of the proposed AVA’s clay- following table from the petition rocks, including sandstone. Other rich soils with high water-holding summarizes the GDD data from the four sedimentary rocks present within these capacities. The uplifting of the floor of stations that had complete data from formations include shale, which is the ancient lake created the steep, hilly 2007 to 2011.

1 In the Winkler climate classification system, regions. One GDD accumulates for each degree grapevine growth. See Albert J. Winkler, General annual heat accumulation during the growing Fahrenheit that a day’s mean temperature is above Viticulture (Berkeley: University of California Press, season, measured in annual GDDs, defines climatic 50 degrees, the minimum temperature required for 1974), pages 61–64.

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ANNUAL GROWING DEGREE DATA FROM 2007–2011

Lafayette 3 4 5 2 Oakland Foothills Concord Pleasanton Year Reservoir (South-southwest of (Northwest of (Southeast of (within proposed proposed AVA) proposed AVA) proposed AVA) AVA)

2007 ...... 2,928 2,187 3,024 2,863 2008 ...... 3,325 2,479 3,209 3,068 2009 ...... 3,215 2,367 3,068 3,090 2010 ...... 2,816 2,103 2,664 2,599 2011 ...... 2,995 2,173 2,778 2,842

The datafrom the remaining four with the steeper, more rugged terrain to more coastal portions of the San weather stations 6 outside the proposed the south and west and the lower, flatter Francisco Bay AVA seldom occurs. AVA was incomplete for the years plains to the north and east. The soils Central Coast AVA between 2007 and 2011. However, the of the proposed AVA are high in clay, data that was provided also shows that whereas volcanic materials are present The large, 1 million-acre Central Coast the proposed AVA had higher GDD in the soils to the south and west and AVA was established by T.D. ATF–216, accumulations than three of those alluvial deposits are prominent to the which was published in the Federal stations. The fourth station, located in north and east. The dominant geological Register on October 24, 1985 (50 FR Brentwood, California, which is to the formation of the proposed Lamorinda 43128). The Central Coast viticultural east of the proposed AVA, had higher AVA is the Orinda Formation, whereas area encompasses the California GDD accumulations than the proposed the Tassajara–Green Valley Formation is counties of Alameda, Contra Costa, AVA. This further substantiates the prominent to the east and the Forearc Monterey, San Benito, San Francisco, petition’s claim that areas outside of the Assemblage dominates the regions to San Luis Obispo, San Mateo, Santa proposed AVA, such as Brentwood and the north, west, and south. Finally, the Barbara, Santa Clara, and Santa Cruz, other areas located much farther inland, surrounding regions are more exposed and it contains 28 established AVAs. differ in that they receive less marine air to marine air and fog and have lower T.D. ATF–216 describes the Central and fog than the proposed AVA. GDD accumulations than the proposed Coast viticultural area as extending from The warm temperatures, high GDD AVA. Santa Barbara to the San Francisco Bay accumulations, and lack of diurnal fog area, and east to the California Coastal in the proposed Lamorinda AVA have Comparison of the Proposed Lamorinda Ranges. The only distinguishing feature an effect on viticulture. Slower- Viticultural Area to the Existing San of the California Coast AVA addressed maturing varieties of grapes have ample Francisco Bay and Central Coast AVAs in T.D. ATF–216 is that all of the time to ripen because the warm San Francisco Bay AVA included counties experience marine temperatures and plentiful sunlight climate influence due to their proximity allow for long days of photosynthesis. The San Francisco Bay AVA was to the Pacific Ocean. By contrast, slower-maturing varieties of established by T.D. ATF–407, which grapes are less likely to ripen was published in the Federal Register The proposed Lamorinda AVA is successfully in the cooler, foggier on January 20, 1999 (64 FR 3024). located within the Central Coast AVA regions to the north, south, and west of According to T.D. ATF–407, the San and, like the larger AVA, experiences the proposed AVA because lower Francisco Bay AVA is distinguished by mild marine breezes and nocturnal temperatures and lower levels of a climate that is heavily influenced by marine fog. However, due to its much sunlight interrupt photosynthesis. marine air and fog from San Francisco smaller size, the proposed AVA has greater uniformity in geographical Summary of Distinguishing Features Bay and the Pacific Ocean. The presence of stream valleys and wind gaps in the features such as topography, In summary, the evidence provided in region allows limited amounts of marine temperature, and soils, than the larger, the petition indicates that the air and fog to travel beyond the coastal multicounty Central Coast AVA. geographic features of the proposed mountains and into the interior regions Lamorinda AVA are distinguishable TTB Determination of the AVA. However, as one travels from those of the surrounding regions. easterly from the coastline, the climate TTB concludes that the petition to The terrain of the proposed AVA is generally becomes drier and warmer as establish the approximately 29,369-acre moderate-to-steep hills, which contrasts the marine influence diminishes. Lamorinda AVA merits consideration and public comment, as invited in this 2 Data from the East Bay Municipal Utility District The proposed Lamorinda AVA is (EBMUD) station located at the reservoir. located in the eastern portion of the San notice of proposed rulemaking. 3 Data from the California Irrigation Management Francisco Bay AVA and shares some Boundary Description Information System (CIMIS) station #147 (‘‘Oakland Foothills’’) on the campus of Mills College in broad characteristics of the larger San Oakland, CA. Francisco Bay AVA. While the proposed See the narrative description of the 4 Data from the CIMIS station #170 (‘‘Concord’’) Lamorinda AVA receives some marine boundary of the petitioned-for on the Diablo Creek Golf Course in Concord, CA. air that enters the region through stream viticultural area in the proposed 5 Data from the CIMIS station #191 (‘‘Pleasanton’’) valleys and wind gaps, much of the regulatory text published at the end of located in Alameda County, CA. this proposed rule. 6 EBMUD station at San Pablo Reservoir (north- cooling air is blocked by the higher northwest of proposed AVA), EBMUD station at elevations that surround the proposed Maps Briones Reservoir (north of proposed AVA), AVA to the north, west, and south. The EBMUD station at Upper San Leandro Reservoir proposed AVA also experiences some The petitioner provided the required (south of proposed AVA), and CMIS station #47 (‘‘Brentwood’’) in Brentwood (east of proposed light nocturnal marine fog, but the maps, and they are listed below in the AVA). heavy diurnal fog that characterizes the proposed regulatory text.

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Impact on Current Wine Labels should establish the proposed AVA. Alcohol and Tobacco Tax and Trade Part 4 of the TTB regulations prohibits TTB is also interested in receiving Bureau, 1310 G Street NW., Box 12, comments on the sufficiency and Washington, DC 20005. any label reference on a wine that • indicates or implies an origin other than accuracy of the name, boundary, soils, Hand Delivery/Courier: You may the wine’s true place of origin. For a climate, and other required information hand-carry your comments or have them wine to be labeled with an AVA name submitted in support of the petition. In hand-carried to the Alcohol and or with a brand name that includes an addition, given the proposed Lamorinda Tobacco Tax and Trade Bureau, 1310 G AVA name, at least 85 percent of the AVA’s location within the existing San Street NW., Suite 200–E, Washington, wine must be derived from grapes Francisco Bay and Central Coast AVAs, DC 20005. grown within the area represented by TTB is interested in comments on Please submit your comments by the that name, and the wine must meet the whether the evidence submitted in the closing date shown above in this notice. other conditions listed in § 4.25(e)(3) of petition regarding the distinguishing Your comments must reference Notice the TTB regulations (27 CFR 4.25(e)(3)). features of the proposed AVA No. 151 and include your name and If the wine is not eligible for labeling sufficiently differentiates it from the mailing address. Your comments also with an AVA name and that name existing San Francisco Bay and Central must be made in English, be legible, and appears in the brand name, then the Coast AVAs. TTB also is interested in be written in language acceptable for label is not in compliance and the comments whether the geographic public disclosure. TTB does not bottler must change the brand name and features of the proposed AVA are so acknowledge receipt of comments, and obtain approval of a new label. distinguishable from the surrounding TTB considers all comments as Similarly, if the AVA name appears in San Francisco Bay and Central Coast originals. another reference on the label in a AVAs that the proposed Lamorinda In your comment, please clearly state misleading manner, the bottler would AVA should no longer be part of those if you are commenting for yourself or on have to obtain approval of a new label. AVAs. Please provide any available behalf of an association, business, or Different rules apply if a wine has a specific information in support of your other entity. If you are commenting on brand name containing an AVA name or comments. behalf of an entity, your comment must other viticulturally significant term that Because of the potential impact of the include the entity’s name, as well as was used as a brand name on a label establishment of the proposed your name and position title. If you approved before July 7, 1986. See Lamorinda AVA on wine labels that comment via Regulations.gov, please § 4.39(i)(2) of the TTB regulations (27 include the term ‘‘Lamorinda’’ as enter the entity’s name in the CFR 4.39(i)(2)) for details. discussed above under Impact on ‘‘Organization’’ blank of the online If TTB establishes this proposed AVA, Current Wine Labels, TTB is comment form. If you comment via its name, ‘‘Lamorinda,’’ will be particularly interested in comments postal mail or hand delivery/courier, recognized as a name of viticultural regarding whether there will be a please submit your entity’s comment on significance under § 4.39(i)(3) of the conflict between the proposed AVA letterhead. TTB regulations (27 CFR 4.39(i)(3)). The name and currently used brand names. You may also write to the text of the proposed regulation clarifies If a commenter believes that a conflict Administrator before the comment this point. Consequently, wine bottlers will arise, the comment should describe closing date to ask for a public hearing. using the name ‘‘Lamorinda’’ in a brand the nature of that conflict, including any The Administrator reserves the right to name, including a trademark, or in anticipated negative economic impact determine whether to hold a public another label reference as to the origin that approval of the proposed AVA will hearing. have on an existing viticultural of the wine, would have to ensure that Confidentiality the product is eligible to use the AVA enterprise. TTB also is interested in All submitted comments and as an appellation of origin if this receiving suggestions for ways to avoid attachments are part of the public record proposed rule is adopted as a final rule. conflicts, for example, by adopting a and subject to disclosure. Do not The approval of the proposed modified or different name for the AVA. enclose any material in your comments Lamorinda AVA would not affect any Submitting Comments that you consider to be confidential or existing viticultural area, and any You may submit comments on this inappropriate for public disclosure. bottlers using ‘‘San Francisco Bay’’ or notice by using one of the following ‘‘Central Coast’’ as an appellation of three methods: Public Disclosure origin or in a brand name for wines • Federal e-Rulemaking Portal: You TTB will post, and you may view, made from grapes grown within the San may send comments via the online copies of this notice, selected Francisco Bay or Central Coast AVAs comment form posted with this notice supporting materials, and any online or would not be affected by the within Docket No. TTB–2015–0007 on mailed comments received about this establishment of this new AVA. The Regulations.gov, the Federal e- proposal within Docket No. TTB–2015– establishment of the proposed rulemaking portal, at http:// 0007 on the Federal e-rulemaking Lamorinda AVA would allow vintners www.regulations.gov. A direct link to portal, Regulations.gov, at http:// to use ‘‘Lamorinda,’’ ‘‘San Francisco that docket is available under Notice www.regulations.gov. A direct link to Bay,’’ and ‘‘Central Coast’’ as No. 151 on the TTB Web site at that docket is available on the TTB Web appellations of origin for wines made http://www.ttb.gov/wine/wine- site at http://www.ttb.gov/wine/wine_ from grapes grown within the proposed rulemaking.shtml. Supplemental files rulemaking.shtml under Notice No. 151. Lamorinda AVA, if the wines meet the may be attached to comments submitted You may also reach the relevant docket eligibility requirements for the via Regulations.gov. For complete through the Regulations.gov search page appellation. instructions on how to use at http://www.regulations.gov. For Public Participation Regulations.gov, visit the site and click information on how to use on the ‘‘Help’’ tab. Regulations.gov, click on the site’s Comments Invited • U.S. Mail: You may send comments ‘‘Help’’ tab. TTB invites comments from interested via postal mail to the Director, All posted comments will display the members of the public on whether it Regulations and Rulings Division, commenter’s name, organization (if

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any), city, and State, and, in the case of Subpart C—Approved American (9) Proceed west-southwest in a mailed comments, all address Viticultural Areas straight line approximately 2.7 miles to information, including email addresses. the marked 1,057-foot peak in section TTB may omit voluminous attachments ■ 2. Subpart C is amended by adding 29, T1S/R2W; then §9.___to read as follows: or material that the Bureau considers (10) Proceed west-southwest in a unsuitable for posting. § 9. Lamorinda. straight line approximately 2 miles to You also may view copies of this (a) Name. The name of the viticultural the intersection of the 1,000-foot notice, all related petitions, maps and area described in this section is elevation line with the Contra Costa– other supporting materials, and any ‘‘Lamorinda’’. For purposes of part 4 of Alameda County line in section 31, electronic or mailed comments that TTB this chapter, ‘‘Lamorinda’’ is a term of T1S/R2W; then receives about this proposal by viticultural significance. (11) Proceed northwest in a straight appointment at the TTB Information (b) Approved maps. The four United line approximately 0.4 mile, crossing Resource Center, 1310 G Street NW., States Geological Survey (USGS) onto the Oakland East map, then Washington, DC 20005. You may also 1:24,000 scale topographic maps used to continuing another 0.1 mile to the obtain copies at 20 cents per 8.5- x 11- determine the boundary of the 1,121-foot peak in section 30, T1S/R2W; inch page. Please note that TTB is Lamorinda viticultural area are titled: then unable to provide copies of USGS maps (1) Walnut Creek, CA, 1995; (12) Proceed northwest in a straight or other similarly-sized documents that (2) Las Trampas Ridge, CA, 1995; line approximately 3.6 miles to the may be included as part of the AVA (3) Oakland East, CA, 1997; and 1,301-foot peak in section 15, T1S/R3W; petition. Contact TTB’s information (4) Briones Valley, CA, 1995. then specialist at the above address or by (c) Boundary. The Lamorinda (13) Proceed northwest in a straight telephone at 202–453–2270 to schedule viticultural area is located in Contra line approximately 1.6 miles to the an appointment or to request copies of Costa County, California. The boundary 1,634-foot peak in section 9, T1S/R3W; comments or other materials. of the Lamorinda viticultural area is as then Regulatory Flexibility Act described below: (14) Proceed northwest in a straight (1) The beginning point is on Walnut TTB certifies that this proposed line approximately 2.2 miles to the Creek map at the water tank (known communication tower on the Contra regulation, if adopted, would not have locally as the Withers Reservoir) at the a significant economic impact on a Costa–Alameda County line in section end of an unnamed light-duty road 5, T1S/R3W; then substantial number of small entities. known locally as Kim Road, in the (15) Proceed north in a straight line The proposed regulation imposes no Can˜ ada del Hambre Y Las Bolsas Land approximately 0.1 mile, crossing onto new reporting, recordkeeping, or other Grant. the Briones Valley map, then continuing administrative requirement. Any benefit (2) From the beginning point, proceed another 0.6 mile to the 1,905-foot derived from the use of a viticultural south-southeast in a straight line summit of Vollmer Peak in the El area name would be the result of a approximately 0.8 mile to the 833-foot Sobrante Land Grant; then proprietor’s efforts and consumer peak marked ‘‘Hump 2;’’ then acceptance of wines from that area. (3) Proceed southeast in a straight line (16) Proceed north-northeast in a Therefore, no regulatory flexibility approximately 1.7 miles to the marked straight line approximately 3 miles, analysis is required. 781-foot peak south of the shared crossing over to the 1,027-foot peak in the Boca de la Can˜ ada del Pinole Land Executive Order 12866 Lafayette–Walnut Creek corporate boundary line and north of an unnamed Grant, to the Orinda corporate boundary It has been determined that this light-duty road known locally as line; then proposed rule is not a significant Peaceful Lane; then (17) Proceed generally east along the regulatory action as defined by (4) Proceed southeast in a straight line Orinda corporate boundary line Executive Order 12866 of September 30, approximately 0.3 mile to the marked approximately 3.3 miles to the water 1993. Therefore, no regulatory 610-foot peak southwest of an unnamed tank at the 1,142-foot elevation in the assessment is required. light-duty road known locally as Boca de la Can˜ ada del Pinole Land Grant; then Drafting Information Secluded Place; then (5) Proceed south-southwest in a (18) Proceed east-northeast in a Karen A. Thornton of the Regulations straight line approximately 1.7 miles to straight line approximately 1.2 miles to and Rulings Division drafted this notice an unidentified benchmark at the end of the 1,357-foot benchmark marked of proposed rulemaking. an unnamed unimproved road known ‘‘Russell’’ in the Boca de la Can˜ ada del List of Subjects in 27 CFR Part 9 locally as Diablo Oaks Way in section Pinole Land Grant; then 33, T1N/R2W; then (19) Proceed northwest in a straight Wine. (6) Proceed southeast in a straight line line approximately 0.8 mile to the approximately 0.5 mile, crossing onto Proposed Regulatory Amendment 1,405-foot peak in the Boca de la Can˜ ada the Las Trampas map, and continuing del Pinole Land Grant; then For the reasons discussed in the another 0.9 mile to the substation at the (20) Proceed east-northeast in a preamble, TTB proposes to amend title southeast corner of section 4, T1S/R2W; straight line approximately 0.5 mile, 27, chapter I, part 9, Code of Federal then crossing onto the Walnut Creek map, Regulations, as follows: (7) Proceed southeast in a straight line then continuing another 1.1 miles to the approximately 2.3 miles to the 1,827- beginning point. PART 9—AMERICAN VITICULTURAL foot summit of Las Trampas Peak, AREAS section 22, T1S/R2W; then Signed: April 7, 2015. (8) Proceed south-southeast in a John J. Manfreda, ■ 1. The authority citation for part 9 straight line approximately 2.1 miles to Administrator. continues to read as follows: the 2,024-foot benchmark marked ‘‘Rock [FR Doc. 2015–08495 Filed 4–13–15; 8:45 am] Authority: 27 U.S.C. 205. 2’’ in section 26, T1S/R2W; then BILLING CODE 4810–31–P

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