20102 Federal Register / Vol. 86, No. 72 / Friday, April 16, 2021 / Proposed Rules Aviation Administration proposes to Upper Lake Valley viticultural area is Part 4 of the TTB regulations (27 CFR amend 14 CFR part 71 as follows: wholly within it. Both the established part 4) authorizes TTB to establish Clear Lake viticultural area and the definitive viticultural areas and regulate PART 71—DESIGNATION OF CLASS A, proposed Upper Lake Valley viticultural the use of their names as appellations of B, C, D, AND E AIRSPACE AREAS; AIR area are entirely within the established origin on wine labels and in wine TRAFFIC SERVICE ROUTES; AND North Coast viticultural area. TTB advertisements. Part 9 of the TTB REPORTING POINTS designates viticultural areas to allow regulations (27 CFR part 9) sets forth vintners to better describe the origin of standards for the preparation and ■ 1. The authority citation for 14 CFR their wines and to allow consumers to submission of petitions for the part 71 continues to read as follows: better identify wines they may establishment or modification of Authority: 49 U.S.C. 106(f), 106(g); 40103, purchase. TTB invites comments on American viticultural areas (AVAs) and 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, these proposals. lists the approved AVAs. 1959–1963 Comp., p. 389. DATES: Comments must be received by Definition § 71.1 [Amended] June 15, 2021. Section 4.25(e)(1)(i) of the TTB ■ 2. The incorporation by reference in ADDRESSES: You may electronically regulations (27 CFR 4.25(e)(1)(i)) defines 14 CFR 71.1 of FAA Order 7400.11E, submit comments to TTB on this a viticultural area for American wine as Airspace Designations and Reporting proposal, and view copies of this a delimited grape-growing region having Points, dated July 21, 2020, and document, its supporting materials, and distinguishing features, as described in effective September 15, 2020, is any comments TTB receives on it within part 9 of the regulations, and a name amended as follows: Docket No. TTB–2021–0001 as posted and a delineated boundary, as Paragraph 6005 Class E Airspace Areas on Regulations.gov (https:// established in part 9 of the regulations. Extending Upward From 700 Feet or More www.regulations.gov), the Federal These designations allow vintners and Above the Surface of the Earth. e-rulemaking portal. Please see the consumers to attribute a given quality, * * * * * ‘‘Public Participation’’ section of this reputation, or other characteristic of a document below for full details on how wine made from grapes grown in an area ACE KS E5 Scott City, KS [Amended] to comment on this proposal via to the wine’s geographic origin. The Scott City Municipal Airport, KS Regulations.gov or U.S. mail, and for establishment of AVAs allows vintners ° ′ ″ ° ′ ″ (Lat. 38 28 30 N, long. 100 53 04 W) full details on how to obtain copies of to describe more accurately the origin of That airspace extending upward from 700 this document, its supporting materials, their wines to consumers and helps feet above the surface within a 6.5-mile and any comments related to this consumers to identify wines they may radius of Scott City Municipal Airport. proposal. purchase. Establishment of an AVA is Issued in Fort Worth, Texas, on April 8, neither an approval nor an endorsement 2021. FOR FURTHER INFORMATION CONTACT: by TTB of the wine produced in that Martin A. Skinner, Karen A. Thornton, Regulations and area. Rulings Division, Alcohol and Tobacco Manager, Operations Support Group, ATO Requirements Central Service Center. Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; [FR Doc. 2021–07579 Filed 4–15–21; 8:45 am] Section 4.25(e)(2) of the TTB phone 202–453–1039, ext. 175. BILLING CODE 4910–13–P regulations (27 CFR 4.25(e)(2)) outlines SUPPLEMENTARY INFORMATION: the procedure for proposing an AVA or modifying the boundary of an Background on Viticultural Areas established AVA, and provides that any DEPARTMENT OF THE TREASURY TTB Authority interested party may petition TTB to establish a grape-growing region as an Alcohol and Tobacco Tax and Trade Section 105(e) of the Federal Alcohol Bureau AVA or to modify the boundary of an Administration Act (FAA Act), 27 established AVA. Section 9.12 of the U.S.C. 205(e), authorizes the Secretary 27 CFR Part 9 TTB regulations (27 CFR 9.12) of the Treasury to prescribe regulations prescribes the standards for petitions for [Docket No. TTB–2021–0001; Notice No. for the labeling of wine, distilled spirits, the establishment or modification of 200] and malt beverages. The FAA Act AVAs. Petitions to establish an AVA, or provides that these regulations should, RIN 1513–AC73 modify the boundary of an AVA, must among other things, prohibit consumer include the following: • Proposed Establishment of the Upper deception and the use of misleading Evidence that the area within the Lake Valley Viticultural Area and statements on labels and ensure that proposed AVA boundary, or the region Modification of the Clear Lake labels provide the consumer with within the proposed expansion area, is Viticultural Area adequate information as to the identity nationally or locally known by the AVA and quality of the product. The Alcohol name specified in the petition; AGENCY: Alcohol and Tobacco Tax and and Tobacco Tax and Trade Bureau • An explanation of the basis for Trade Bureau, Treasury. (TTB) administers the FAA Act defining the boundary of the proposed ACTION: Notice of proposed rulemaking. pursuant to section 1111(d) of the AVA or defining the boundary of the Homeland Security Act of 2002, proposed expansion area; SUMMARY: The Alcohol and Tobacco Tax codified at 6 U.S.C. 531(d). The • A narrative description of the and Trade Bureau (TTB) proposes to Secretary has delegated the functions features of the proposed AVA or establish the approximately 17,360-acre and duties in the administration and proposed expansion area affecting ‘‘Upper Lake Valley’’ viticultural area in enforcement of these provisions to the viticulture, such as climate, geology, Lake County, California. TTB also TTB Administrator through Treasury soils, physical features, and elevation, proposes to expand the boundary of the Order 120–01, dated December 10, 2013 that make the proposed AVA or existing 1,093-square mile Clear Lake (superseding Treasury Order 120–01, expansion area distinctive and viticultural area so that the proposed dated January 24, 2003). distinguish it from adjacent areas VerDate Sep<11>2014 16:09 Apr 15, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4702 Sfmt 4702 E:\FR\FM\16APP1.SGM 16APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 72 / Friday, April 16, 2021 / Proposed Rules 20103 outside the proposed AVA boundary or proposed AVA and the surrounding basin covering the region of the established AVA boundary; regions, TTB determined that geology is proposed AVA. The Lake County • The appropriate United States such an integral part of hydrogeology Winegrape Commission’s web page Geological Survey (USGS) map(s) and the characteristics of the aquifers notes, ‘‘Mountain valleys around Clear showing the location of the proposed the waters therein that it should not be Lake, including Big Valley District, AVA or proposed expansion area, with considered a distinguishing feature Upper Lake Valley, Clover Valley, the boundary of the proposed AVA or separate from hydrogeology. Unless Bachelor Valley, and Scotts Valley, are proposed expansion area clearly drawn otherwise noted, all information and level with deep alluvial deposits.’’ 7 A thereon; data pertaining to the proposed AVA real estate website 8 and a website for • If the proposed AVA or proposed contained in this document are from the finding city sales tax rates 9 both include expansion area is to be established petition for the proposed Upper Lake listings for ‘‘Upper Lake/Upper Lake within, or overlapping, an existing Valley AVA and its supporting exhibits. Valley.’’ Finally, a recent newspaper AVA, an explanation that both identifies article about the history of growing Proposed Upper Lake Valley AVA the attributes of the proposed AVA or green beans in the region of the proposed expansion area that are Name Evidence proposed AVA states that a prominent consistent with the existing AVA, and The proposed Upper Lake Valley bean farmer’s ‘‘acreage was located in explains how the proposed AVA or 10 AVA is located along the northern shore the Upper Lake valley [sic].’’ proposed expansion area is sufficiently of Clear Lake and incorporates the town distinct from the existing AVA and Boundary Evidence of Upper Lake, California. The therefore appropriate for separate The proposed Upper Lake Valley petitioners proposed the name ‘‘Upper recognition; and AVA encompasses a series of valleys, Lake Valley’’ to reflect the proposed • A detailed narrative description of along with their surrounding hillsides, AVA’s topography of alluvial valley the proposed AVA or proposed that run in a north-northeasterly floors and the surrounding hillsides. expansion area boundary based on direction from the shores of Clear Lake. The petition included evidence that the USGS map markings. The northern boundary is generally name has been used to describe the concurrent with the northern boundary Petition To Establish the Upper Lake region of the proposed AVA since the of the established Clear Lake AVA and Valley AVA and Modify the Boundary late 1800’s. For example, an 1881 book separates the proposed AVA from the of the Clear Lake AVA about the history of Lake County makes higher, rugged elevations of the several references to ‘‘Upper Lake TTB received a petition from Terry Mendocino National Forest. The eastern Valley.’’ 1 The book contains a list of Dereniuk, on behalf of the Growers of boundary follows the 1,600-foot geographical features in Lake County, Upper Lake Valley, proposing the elevation contour and also separates the including an entry for ‘‘Upper Lake establishment of the ‘‘Upper Lake proposed AVA from the Mendocino Valley,’’ which is located ‘‘around the Valley’’ AVA.