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

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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. The proposed Upper Lake National Forest. The southern boundary head of Clear Lake, and is eight miles Valley AVA is located within Lake follows the northern shore of Clear long and from one to five miles wide.’’ 2 County, California, and lies within the Lake. A portion of the western boundary established North Coast AVA (27 CFR In another reference, the book notes that follows a series of roads and the 1,600- 9.30) and partially within the an 1842 land grant included ‘‘a part of 3 foot elevation contour to separate the established Clear Lake AVA (27 CFR Upper Lake Valley.’’ A third reference proposed AVA from the higher terrain 9.99). The proposed AVA contains in the book states that a series of valleys, of the Mayacamas Mountains. The approximately 17,360 acres and has 16 including Bachelor Valley, ‘‘all center remainder of the western boundary is a commercially-producing vineyards around the head of Clear Lake, and form straight line between points that is 4 covering a total of approximately 300 what is known as Upper Lake Valley.’’ concurrent with the established Clear acres. At the time the petition was TTB notes that Bachelor Valley is Lake AVA boundary and also separates submitted, at least one additional located within the proposed Upper Lake the proposed AVA from the Mayacamas vineyard was planned within the Valley AVA. Mountains. proposed AVA. The petition also included examples Although most of the proposed Upper of the current use of the name ‘‘Upper Distinguishing Features Lake Valley AVA is located within the Lake Valley’’ to describe the region of The distinguishing features of the existing Clear Lake AVA, a small the proposed AVA. For example, the proposed Upper Lake Valley AVA are portion of the northwest corner of the Lake County Groundwater Management its hydrogeology, soils, and climate. Plan 5 makes multiple references to the proposed AVA would, if established, Hydrogeology extend beyond the boundary of the Upper Lake Valley groundwater basin 6 Clear Lake AVA. To address the overlap and includes a map which shows the According to the petition, the of the two AVAs and account for proposed Upper Lake Valley AVA has 1 viticultural similarities between the Palmer, Lyman L., Wallace, W.F., and Wells, four identified water-bearing Harry L. History of Napa and Lake Counties, formations: Quaternary alluvium; proposed Upper Lake Valley AVA and California. San Francisco: Slocum, Bowen & Co., the larger Clear Lake AVA, the petition 1881. See Exhibit 6 of the Name Evidence Pleistocene terrace deposits; Pleistocene also proposes to expand the boundary of Appendix to the petition in Docket TTB–2021–0001 lake and floodplain deposits; and Plio- the Clear Lake AVA so that the entire at https://www.regulations.gov. 2 7 proposed Upper Lake Valley AVA Ibid. page 5. https://www.lakecountywinegrape.org/region/ 3 Ibid. page 70. terroir/soils. See Exhibit 2 of the Name Evidence would be included within the Clear 4 Ibid. page 191. Appendix to the petition. Lake AVA. 5 http://www.lakecountyca.gov/Assets/ 8 www.redfin.com. See Exhibit 4 of the Name According to the petition, the Departments/WaterResources/IRWMP/Lake+ Evidence Appendix to the petition. distinguishing features of the proposed County+Groundwater+Managment+Plan.pdf. See 9 www.sale-tax.com/UpperLakeUpperLake Upper Lake Valley AVA include its Exhibit 1 of the Name Evidence Appendix to the ValleyCA. See Exhibit 3 of the Name Evidence petition. Appendix to the petition. hydrogeology, soils, and climate. 6 See Figure 1–1 of the Lake County Groundwater 10 www.record-bee.com/2016/06/17/blue-lakes- Although the petition included Management Plan, which is included in Exhibit 1 green-beans. See Exhibit 5 of the Name Evidence information on the geology of the of the Name Evidence Appendix to the petition. Appendix to the petition.

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pleistocene cache creek. These which is formed by rocks of the Jurassic- Lupoyoma; and Tulelake-Fluvaquentic- formations make up the Upper Lake Cretaceous Franciscan Formation and Haplawuolls. Soils from these three Groundwater Basin, which covers the Quaternary Holocene volcanics. The units make up over 56 percent of the majority of the proposed AVA. The groundwater is characterized as total area of the proposed AVA. Quaternary alluvium and Pleistocene magnesium bicarbonate with high levels Millsholm-Skyhigh-Bressa soils are terrace, lake, and floodplain deposits are of ammonia, phosphorous, chloride, formed from sandstone and shale and the primary sources of groundwater iron, boron, and manganese. During the are primarily loams and clay loams. within the proposed AVA. The petition spring, the High Valley Groundwater These soils are moderately deep, states that groundwater levels within Basin water level is 10 to 30 feet below moderately-well to well-drained, and the Upper Lake Groundwater Basin are the surface, with the summer drawdown have slopes that range from moderately generally within 10 feet of the surface 5 to 10 feet below the spring level. sloping to steep. Soils from the Still- and fluctuate between 5 and 15 feet Spring groundwater levels have Lupoyoma general map unit occur on lower in the fall. Lowering of water fluctuated widely over the years, with the nearly-level valley floors and consist levels during dry months is not incidences of slow recovery after of loams and silt loams. These soils are excessive and is balanced by rapid periods of drought. very deep, with rooting depths of 60 recovery of water level elevations Additionally, Clear Lake is to the inches or more, and are moderately-well during the wet months. immediate south of the proposed AVA, to well-drained. Soils from the Tulelake- According to a bulletin from the while the Big Valley Groundwater Basin Fluvaquentic-Haplawuolls map unit California Department of Water is farther south. The prominent occur in marshy and reclaimed areas Resources, the predominant groundwater formations in this basin are around Clear Lake and Tule Lake. Soils groundwater types in the Upper Lake Quaternary Alluvium and Upper of this unit are very deep silty clay Groundwater Basin are magnesium Pliocene to Lower Pliocene Volcanic loams with poor to very poor drainage. bicarbonate and calcium carbonate Ash Deposit. California Groundwater The petition states that soil water.11 The bulletin also shows high Bulletin 118 notes that boron is an composition, depth, and drainage are iron, manganese, and calcium levels in impairment in the water in some parts key components of vine and fruit the groundwater, as well as high of the Big Valley Groundwater Basin.12 development. According to the petition, electrical conductivity. Boron was Groundwater levels in the northern most of the vineyards in the proposed detected in some wells used in the portion of the Big Valley Basin are Upper Lake Valley AVA are planted on bulletin’s analysis, but high boron levels usually 5 feet below the surface and Still-Luopyoma soils due to the gentle are not associated with the groundwater decrease 10 to 50 feet during the slopes, which create less of an erosion in the proposed Upper Lake Valley summer. In the uplands of the basin, the hazard and provide good drainage. AVA. The bulletin’s analysis showed a depth to water in the spring is much These soils are also deep, which allows total dissolved solids average of 500 mg/ deeper, ranging from 70 to 90 feet below the roots to extend farther than in L. the surface and dropping an additional shallow soils. Grapevines are ‘‘deep- The petition states that water for 30 to 40 feet over the summer. To the rooted plants that fully explore the soil irrigation is critical for wine grape west of the proposed AVA is the Scotts to 6 to 10 feet or more if root penetration production within the proposed AVA. Valley Groundwater Basin, which is not obstructed by hardpan, The water quality in the proposed consists of rocks from the Jurassic- impervious clay substratum, toxic Upper Lake Valley AVA is suitable for Cretaceous Franciscan Formation. concentrations of salts, or a free water irrigation and has few impediments. California Groundwater Bulletin 118 table.’’ 14 The petition states that soils of The high levels of calcium are desirable, lists iron, manganese, and boron as the Tulelake-Fluvaquentic-Haplawuolls since low levels of calcium may cause impairments of groundwater in this map unit, which are also very deep, may deficiencies in vine growth. Low levels basin.13 Depth to water in the spring is also be suitable for viticulture where of boron in the groundwater are also 10 feet below the surface on the average, poor drainage can be mitigated. desirable for irrigation purposes, as with spring to summer drawdown Although soils of the Millsholm- levels of 2 mg/L and above are toxic to ranging from 30 to 60 feet below spring Skyhigh-Bressa map unit are more most plants. The low levels of dissolved levels depending on location across the shallow than soils of the other two map solids are also beneficial, since total Scotts Valley Groundwater Basin. units, the petition states that shallow dissolved solids levels above 2,000 mg/ soils can also be desirable for viticulture L are very likely to cause vine growth Soils because ‘‘[t]he quality of fruit is better, problems. However, the high iron and According to the petition, many although yields are usually lower, on manganese levels in the water of the different soil series make up the soils of soils * * * limited in depth by proposed AVA can cause irrigation the proposed Upper Lake Valley AVA. hardpan, rocks, or clay substrata.’’ 15 equipment to clog. However, three general soil map units However, because these soils are found The Gravelly Valley Groundwater broadly characterize the area: on steeper slopes, there is a risk of Basin lies to the north of the proposed Millsholm-Skyhigh-Bressa; Still- erosion. Upper Lake Valley AVA, within the To the north of the proposed Upper Mendocino National Forest. The 12 California Department of Water Resources. Lake Valley AVA, within the petition states that no additional California’s Ground Water Bulletin 118. California Mendocino National Forest, the soils information was available about this Department of Water Resources: 1975. Updated belong to the Maymen-Etsel and the basin. To the east of the proposed AVA 2004; https://water.ca.gov/-/media/DWR-website/ web pages/Programs/Groundwater-Management/ Sanhedrin-Speaker-Kekawaka soil map lies the High Valley Groundwater Basin, Bulletin-118/Files/2003-Basin-Descriptions/5_015_ units. These soils are not very prevalent BigValley.pdf. in the proposed AVA and are described 11 California Department of Water Resources. 13 California Department of Water Resources. as shallow soils with outcroppings of California’s Ground Water Bulletin 118. California California’s Ground Water Bulletin 118. California Department of Water Resources: 1975. Updated Department of Water Resources: 1975. Updated 2004; see https://water.ca.gov/-/media/DWR- 2004; https://water.ca.gov/-/media/DWR-website/ 14 Albert J. Winkler et al., General Viticulture website/web pages/Programs/Groundwater- web pages/Programs/Groundwater-Management/ (Berkeley: University of California Press, 2nd ed. Management/Bulletin-118/Files/2003-Basin- Bulletin-118/Files/2003-Basin-Descriptions/5_014_ 1974, page 71. Descriptions/5_013_UpperLake.pdf. ScottsValley.pdf. 15 Ibid, page 71.

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large stones, including greywackes and elevations of the Mayacamas Mountains The average annual rainfall amount sandstone. To the east of the proposed in the western portion of the county and for the available years was 33.96. The AVA, the most common soil map units the lower elevations of Bachelor, Middle petition states that, although rainfall are the Maymen-Etsel, Sobrante- Creek, and Clover Creek Valleys, where data was not available from the weather Guenoc-Hambright, and the Sanhedrin- the proposed AVA is located. The table station for 2013, the average rainfall Speaker-Kekawaka units, which are also below shows the average annual rainfall amounts for the available years is not common within the proposed AVA amounts for the weather station in comparable to the average rainfall and occur mostly on very steep slopes. Upper Lake, California, which is within recorded by the Western Region Climate South of the proposed AVA, within the the proposed AVA, for the years 2011 Center 17 for the period of January 1, Big Valley District AVA (27 CFR 9.232), through 2016. The data was collected by 1893, through November 12, 2006, the soils belong to the Cole-Clear Lake 16 the Western Weather Group on behalf which is 34.09 inches. Variant-Clear Lake general soil map of the Lake County Winegrape unit. To the west of the proposed AVA, Commission. Data was unavailable for The petition also included annual the soils are from the Millsholm- 2013. predicted rainfall amounts for the Upper Skyhigh-Bressa soil map unit and then Lake Groundwater Basin, where the transition to the Maymen-Etsel soil map TABLE 1—AVERAGE ANNUAL RAINFALL proposed AVA is located, and the unit in the higher elevations of the AMOUNTS FOR UPPER LAKE WEATH- surrounding groundwater basins. The Mayacamas Mountains. ER STATION data shows that annual predicted Climate rainfall amounts for the Upper Lake Rainfall Groundwater Basin are higher than the The petition for the proposed Upper Year amount predicted amounts for each of the Lake Valley AVA included information (inches) surrounding basins, except for the basin on the climate of the region, including to the north of the proposed AVA. rainfall, frost-free days, wind, and 2016 ...... 41.43. growing degree days. 2015 ...... 20.53. Rainfall. According to the petition, 2014 ...... 38.34. rainfall amounts in Lake County vary 2013 ...... unavailable. 2012 ...... 41.08. greatly due to the rapid changes in 2011 ...... 28.43. topography between the higher

TABLE 2—ANNUAL PREDICTED RAINFALL AMOUNTS 18

Rainfall Basin name Direction from proposed AVA amounts (inches)

Upper Lake Basin ...... Within ...... 35–43 Big Valley Basin ...... South ...... 22–35 High Valley Basin ...... East ...... 27–35 Scotts Valley Basin ...... West ...... 31–35 Gravelly Valley Basin ...... North ...... 49

The petition states that the high inches of water per year in order to minimum number of frost-free days annual rainfall amounts in the proposed successfully produce and ripen fruit.19 recorded at the Upper Lake climate Upper Lake Valley AVA recharge the Frost-free days. According to the station from 2011 through 2016,20 as Upper Lake Groundwater Basin, which petition, the growing season, which is well as from the seven established is used for irrigation. The rainfall broadly defined as the number of days AVAs in Lake County, which were amounts are also sufficient during the between the last frost event in the spring derived from the 1971–2000 climate growing season to provide hydration for and the first frost event in the fall, is an normals.21 Data was not provided for grapevines. The petition states that important indicator for successful wine the region to the north of the proposed grape cultivation. The following table grapes require an average of 8 to 11 acre AVA. shows the median, maximum, and

TABLE 3—FROST-FREE DAYS

AVA name (direction from proposed AVA) Median Maximum Minimum

Upper Lake Valley ...... 202 232 172 Big Valley District–Lake County (South) ...... 195 228 190 Kelsey Bench–Lake County (South) ...... 198 227 192 Clear Lake (Encompasses) ...... 200 260 174 Guenoc Valley (Southeast) ...... 216 261 211 High Valley (East) ...... 236 255 190

16 http://www.westernwx.com/LakeCo/. 19 Ryan Keiffer, Agricultural Technician, UCCE Commission; see http://www.westernwx.com/ 17 www.wrcc.dri.edu/cgi-bin/cliMAIN.pl?ca9173. Mendocino, and Dr. Broc Zoller, Pest Control LakeCo/. 18 California Department of Water Resources. Advisor, Kelseyville. Vineyard Water Use in Lake 21 Jones, G. V. (2014). Climate Characteristics for California’s Ground Water Bulletin 118. California County, California. December 1, 2014. Winegrape Production in Lake County, California. Department of Water Resources: 1975. Updated 20 Data collected by the Western Weather Group Open Report to the Lake County Winegrape 2004. on behalf of the Lake County Winegrape Commission. p. 14.

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TABLE 3—FROST-FREE DAYS—Continued

AVA name (direction from proposed AVA) Median Maximum Minimum

Red Hills Lake County (South) ...... 241 255 194 Benmore Valley (West) ...... 248 250 243

The data in the table indicates that the resulting in crop loss and lower yields. 20 miles per hour but only occurred proposed Upper Lake Valley AVA has Early fall frosts impact the ability of 1.25 percent of the time. Wind speeds substantially shorter median, maximum, sugar levels in the grapes to reach a between 1 and 5 miles per hour and minimum frost-free periods than desirable Brix level. accounted for 82.88 of the daytime wind the established AVAs to the east, Wind. The petition states that the speeds. Nighttime wind speeds were southeast, and west, and a longer frost- winds in the proposed Upper Lake also mostly between 1 and 5 miles per free period than the established AVAs to Valley AVA are influenced by the hour, accounting for 88.86 of the the south, except for the Red Hills Lake mountains that lie to the west, north, nighttime wind speeds. Wind speeds County AVA (27 CFR 9.169). The and east, and by Clear Lake to the south. above 20 miles per hour were not proposed AVA has a frost-free period Winds within the proposed AVA are recorded within the proposed AVA. similar in length to that of the Clear predominantly from the south-southeast Lake AVA, which encompasses the or north during the daytime and from The petition included wind speed proposed AVA and also includes the Big the north during the night. Wind speeds information from the Kelsey Bench– Valley District–Lake County (27 CFR within the proposed AVA are lower Lake County, Red Hills Lake County, 9.232), Kelsey Bench–Lake County (27 than within many other parts of Lake and Guenoc Valley AVAs (27 CFR 9.26) CFR 9.233), High Valley (27 CFR 9.189), County, but the winds are frequent for comparison. That information is and Red Hills Lake County AVAs. during both the day and night. Winds presented in the table below and was The petition states that the length of are calm (below 1 mile per hour) only collected from the same time period as the frost-free period for a region impacts 2.23 percent of the time during daytime the wind speed data from the proposed viticulture. Spring frosts that occur after hours and 3.04 percent of the time AVA. TTB notes that none of the bud break can cause tender shoots and during nighttime hours.22 The highest surrounding region had wind speeds forming grape clusters to burn and die, daytime wind speeds range from 11 to above 30 miles per hour.

TABLE 4—DAYTIME WIND SPEED DATA FOR SURROUNDING REGIONS

Frequency of wind speed Region (percent) (direction from proposed AVA) <1 1–5 6–10 11–20 21–30 mile per hour miles per hour miles per hour miles per hour miles per hour

Kelsey Bench–Lake County (South) ...... 8.44 64.02 22.08 5.46 0 Red Hills Lake County (South) ...... 5.21 71.22 21.34 2.23 0 Guenoc Valley (Southeast) ...... 10.89 77.23 7.43 3.96 0.5

TABLE 5—NIGHTTIME WIND SPEED DATA FOR SURROUNDING REGIONS

Frequency of wind speed Region (percent) (direction from proposed AVA) <1 1–5 6–10 11–20 21–30 mile/hour miles/hour miles/hour miles/hour miles/hour

Kelsey Bench-Lake County (South) ...... 12.66 69.87 11.90 5.06 0.51 Red Hills Lake County (South) ...... 11.42 65.23 21.83 1.52 0 Guenoc Valley (Southeast) ...... 10.89 77.23 7.43 3.96 0.5

Although the predominant daytime speeds over 20 miles per hour, whereas translates to a lesser need for and nighttime wind speeds in the the Kelsey Bench–Lake County AVA application of pesticides. proposed AVA and the surrounding recorded daytime wind speeds over 20 Heat summation. The petition regions were between 1 and 5 miles per miles per hour and the Guenoc Valley provided information on the heat hour, the proposed Upper Lake Valley AVA recorded both daytime and summation values of the proposed had the greatest percent of wind speeds nighttime wind speeds over 20 miles Upper Lake Valley AVA and the within that range. The proposed AVA per hour. surrounding regions. Heat summation is also had the smallest percentage of calm The petition states that air movement calculated as the sum of the mean keeps the fruit and canopies cool and monthly temperature above 50 degrees winds, defined as wind speeds of less dry. In this way, the air movement plays Fahrenheit (F) during the growing than 1 mile per hour. The proposed a key role by preventing mildew and season from April 1 to October 31 and AVA also did not record any wind other pests in the vineyard and is expressed as growing degree days

22 Data collected by the Western Weather Group from 2008–2013.

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(GDDs). A baseline of 50 degrees F is information in the petition and shows surrounding regions.24 GDD information used because there is almost no shoot the median, maximum, and minimum was not provided for the region to the growth below this temperature.23 The GDD accumulations for the proposed north of the proposed AVA. following table is derived from Upper Lake Valley AVA and the

TABLE 6—GROWING DEGREE DAYS

Region (direction from proposed AVA) Median Maximum Minimum

Proposed AVA ...... 3,158 3,343 2,809 Clear Lake (Encompasses) ...... 3,267 3,811 2,799 High Valley (East) ...... 3,548 3,755 3,139 Guenoc Valley (Southeast) ...... 3,481 3,796 3,420 Big Valley District–Lake County (South) ...... 3,245 3,281 3,171 Kelsey Bench–Lake County (South) ...... 3,250 3,593 3,189 Red Hills Lake County (South) ...... 3,595 3,753 3,155 Benmore Valley (West) ...... 3,248 3,332 3,155

According to the data in the table, the for the larger Clear Lake AVA, which climate of the proposed AVA makes it proposed Upper Lake Valley AVA has a encompasses the proposed AVA as well suitable for growing a variety of grapes, lower median GDD accumulation than as the Big Valley District–Lake County, including Sauvignon Blanc. each of the surrounding regions for Kelsey Bench–Big Valley, and Red Hills Summary of Distinguishing Features which data was provided. The Lake County AVAs and most of the High maximum GDD accumulation for the Valley AVA. In summary, the hydrogeology, soils, The petition states that GDD proposed AVA is lower than each of the and climate of the proposed Upper Lake regions except for the Big Valley accumulations are an important factor in predicting a site’s suitability for Valley AVA distinguish it from the District–Lake County AVA to the south growing specific grape varieties. surrounding regions. The following and the Benmore Valley AVA to the Varietals that require warmer climates table summarizes the distinguishing west. The minimum GDD accumulation in order to ripen will do better in features of the proposed AVA and for the proposed AVA is also lower than regions with higher GDD accumulations. compares them to the features of the each of the surrounding regions except The petition states that the moderate surrounding regions.

TABLE 7—SUMMARY OF DISTINGUISHING FEATURES

Region Hydrogeology Soils Climate

Proposed AVA ...... Upper Lake Groundwater Basin; Millsholm–Skyhigh–Bressa, Still– Average annual rainfall of 35–43 high iron, manganese, and cal- Lupoyoma, and Tulelake– inches; median frost-free period cium levels; groundwater levels Fluvaquentic–Haplawuolls soil of 202 days; wind speeds pre- generally within 10 feet of the map units; moderately deep to dominantly between 1 and 5 surface, with minimal seasonal very deep; poorly drained to mph, are calm 2.23–3.04 per- fluctuations; low levels of dis- well-drained. cent of the time, and do not ex- solved solids. ceed 20 mph; median GDD ac- cumulations of 3,158. North ...... Gravelly Valley Groundwater Maymen–Etsel and Sanhedrin– Average annual rainfall of 49 Basin. Speaker–Kekawaka soil map inches; other climate data not units; contain outcroppings of available. large stones. East ...... High Valley Groundwater Basin; Maymen–Estel, Sobrante– Average annual rainfall of 27–35 high levels of ammonia, phos- Guenoc–Hambright, and San- inches; longer frost-free period; phorous, chloride, iron, boron, hedrin–Speaker–Kekawaka soil winds are more frequently calm and manganese; groundwater map units; found on very steep but do exceed 20 mph; higher levels 10 to 30 feet below the slopes. median GDD accumulations. surface, with seasonal fluctua- tions and incidences of slow re- covery after periods of drought. South ...... Big Valley Groundwater Basin; Cole–Clear Lake Variant–Clear Average annual rainfall of 22–35 boron is an impairment in some Lake soil map unit. inches; longer median frost-free parts of the basin; groundwater period in Red Hills Lake County levels vary between northern AVA, and a shorter median and southern parts of the basin frost-free period in Big Valley but are generally deeper than District–Lake County AVA; within proposed AVA and have winds are more frequently calm greater seasonal fluctuations. but do exceed 20 mph; higher median GDD accumulations.

23 Albert J. Winkler et al., General Viticulture 24 The GDD data for the proposed AVA was 2000 climate normal. See Jones, G.V. (2014). (Berkeley: University of California Press, 2nd ed. calculated from data from the weather station in Climate Characteristics for Winegrape Production 1974), pages 67–71. Upper Lake from 2011–2016. The data from the in Lake County, California. Open Report to the Lake surrounding regions was calculated from 1971– County Winegrape Commission. p. 23.

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TABLE 7—SUMMARY OF DISTINGUISHING FEATURES—Continued

Region Hydrogeology Soils Climate

West ...... Scotts Valley Groundwater Basin; Millsholm–Skyhigh–Bressa soil Average annual rainfall of 31–35 iron, manganese, and boron map unit, transitioning to inches; longer median frost-free are listed as impairments; Maymen–Etsel soil map unit in period; wind data not available; groundwater is 10 feet below the higher elevations of the higher median GDD accumula- the surface on the average, Mayacamas Mountains. tions. with seasonal fluctuations de- pending on location across the Scotts Valley Basin.

Comparison of the Proposed Upper Lake of the Clear Lake AVA. Most of the 4,000 feet, according to T.D. ATF–174. Valley AVA to the Existing Lake County proposed Upper Lake Valley AVA, if At the time the AVA was established, AVA established, would be located within the most of the vineyards were planted on T.D. ATF–174, which published in current boundary of the Clear Lake flat or gently rolling land with the Federal Register on May 8, 1984 (49 AVA. However, unless the boundary of elevations between 1,300 and 1,800 feet. FR 19466), established the Clear Lake the Clear Lake AVA is modified, a small The proposed expansion petition states AVA. T.D. ATF–174 cited elevation, portion of the proposed Upper Lake that elevations within the proposed climate, and watershed as Valley AVA, along Scotts Creek, would expansion area are similar to those of distinguishing features of the Clear Lake be outside the Clear Lake AVA. the Clear Lake AVA. The vineyard AVA. Elevations for vineyards ranged Currently, the Clear Lake AVA within the proposed expansion area is from 1,300 to 1,800 feet. The Clear Lake boundary in the vicinity of the proposed located at approximately 1,360 feet, well AVA has a growing season of 223 days AVA and the proposed expansion area within the range of elevations of other and an average annual rainfall amount follows a straight line drawn from the vineyards found in the Clear Lake AVA. of about 37 inches. The AVA is also summit of Griner Peak, south of the T.D. ATF–174 stated that the Clear located within the Clear Lake proposed AVA, to the summit of Hells Lake watershed is an important feature watershed, which is said to affect the Peak, north of the proposed AVA. The of the Clear Lake AVA because of its climate patterns of the AVA. portion of the proposed Upper Lake effect on the climate within the AVA. The proposed Upper Lake Valley Valley AVA that would be outside the The proposed expansion petition AVA is located in the northern portion Clear Lake AVA (the ‘‘proposed included a map of the Clear Lake of the Clear Lake AVA and shares some expansion area’’) follows Scotts Creek watershed, which shows that the of the same general features. For west of Tule Lake and contains one entirety of Scotts Creek, including the instance, vineyards in the proposed vineyard. If the proposed modification portion within the proposed expansion AVA are planted at elevations between of the Clear Lake AVA boundary is area, is within the Clear Lake watershed. 1,330 and 1,450 feet, which is within finalized, the entire proposed Upper The map is included as Figure 5 in the the range of vineyard elevations for the Lake Valley AVA would be situated petition addendum and is included in Clear Lake AVA. The proposed AVA is within the Clear Lake AVA. the public docket. also within the Clear Lake watershed, The petition states that the name Finally, T.D. ATF–174 described the and Clear Lake has a moderating effect ‘‘Clear Lake’’ is associated with the climate of the Clear Lake AVA. Annual on the proposed AVA’s climate. proposed expansion area. T.D. ATF–174 rainfall within the established AVA was However, the proposed Upper Lake noted that Scotts Valley is a prominent approximately 37 inches, and the region Valley AVA petition describes the Clear growing area within the Clear Lake had a frost-free period of approximately Lake AVA as having many different AVA. The southern portion of Scotts 223 days. Within the Clear Lake AVA, microclimates, including the proposed Valley, as well as the portion of Scotts growing degree accumulations placed Upper Lake Valley AVA. As a Creek east of Tule Lake, are both the northern portion in the Winkler microclimate within the Clear Lake currently within the Clear Lake AVA. Region II and the southern portion in AVA, the proposed AVA has unique The proposed expansion area contains Winkler Region III, including the characteristics, which may warrant its the northern portion of Scotts Valley portion of Scotts Valley currently within establishment as a new AVA. For and the portion of Scotts Creek west of the AVA. According to the proposed example, the proposed AVA has a Tule Lake. The expansion petition states expansion petition, the average annual shorter median growing season and that because Scotts Valley, and by rainfall within the proposed expansion receives more rainfall annually than the extension Scotts Creek which runs area from 2012 through 2017 was 33.61 Clear Lake AVA overall. The proposed through the valley, was specifically inches. Although this is lower than the AVA also has a median heat summation mentioned in the original Clear Lake average annual rainfall amount for the of 3,158 GDDs, while the Clear Lake AVA petition as a region within the area Clear Lake AVA described in T.D. ATF– AVA has a higher overall median heat known as ‘‘Clear Lake,’’ the proposed 174, it is within the range of the 2012– summation of 3,267 GDDs. expansion area also meets this criteria to 2017 rainfall amounts for other be known as ‘‘Clear Lake.’’ locations within the Clear Lake AVA Proposed Modification of the Clear T.D. ATF–174 defined elevation, which were included in the expansion Lake AVA watershed, and climate as the petition. Those average amounts ranged As previously noted, the petition to distinguishing features of the Clear Lake from a high of 36.37 at Upper Lake to establish the proposed Upper Lake AVA. The expansion petition asserts a low of 23.68 at Kelseyville. Within the Valley AVA also requested an that the proposed expansion area shares proposed expansion area, growing expansion of the established Clear Lake these characteristics of the Clear Lake degree accumulations for the period AVA. The proposed Upper Lake Valley AVA. First, elevations within the Clear from 2013 to 2016 ranged from 2,985 to AVA is located in the northern portion Lake AVA range from 1,300 to over 3,364, which places the region in

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Winkler Regions II and III, similar to the with what was envisioned when the If TTB establishes this proposed AVA, Clear Lake AVA as described in T.D. North Coast AVA was established. its name, ‘‘Upper Lake Valley,’’ will be ATF–174. recognized as a name of viticultural TTB Determination TTB notes that the expansion petition significance under § 4.39(i)(3) of the included data on the frost-free period of TTB concludes that the petition to TTB regulations (27 CFR 4.39(i)(3)). The the proposed expansion area and other establish the 17,360-acre Upper Lake text of the proposed regulation clarifies regions within the Clear Lake AVA. Valley AVA and to concurrently modify this point. Consequently, wine bottlers However, the data suggested that the the boundary of the established Clear using the name ‘‘Upper Lake Valley’’ in frost-free period in the proposed Lake AVA merits consideration and a brand name, including a trademark, or expansion area is shorter than that of public comment, as invited in this in another label reference as to the the Clear Lake AVA. Therefore, based notice of proposed rulemaking. origin of the wine, would have to ensure on the data, TTB cannot determine that TTB is proposing the establishment of that the product is eligible to use the the frost-free period within the the new AVA and the modification of AVA name as an appellation of origin if proposed expansion area is the same as the existing AVA as one action. this proposed rule is adopted as a final within the Clear Lake AVA. Accordingly, if TTB establishes the rule. proposed Upper Lake Valley AVA, then The approval of the proposed Upper Comparison of the Proposed Upper Lake the proposed boundary modification of Lake Valley AVA would not affect any Valley AVA to the Existing North Coast the Clear Lake would be approved existing AVA, and any bottlers using AVA concurrently. If TTB does not establish ‘‘Clear Lake’’ or ‘‘North Coast’’ as an The North Coast AVA was established the proposed Upper Lake Valley AVA, appellation of origin or in a brand name by T.D. ATF–145, published in the then the present Clear Lake AVA for wines made from grapes grown Federal Register on September 21, 1983 boundary would not be modified. within the Clear Lake or North Coast (48 FR 42973). It includes all or portions Boundary Description AVAs would not be affected by the of Napa, Sonoma, Mendocino, Lake, establishment of this new AVA. The See the narrative description of the Marin, and Solano Counties in establishment of the proposed Upper boundary of the petitioned-for AVA and California. T.D. ATF–145 describes the Lake Valley AVA would allow vintners the proposed expansion of the Clear topography of the North Coast AVA as to use ‘‘Upper Lake Valley,’’ ‘‘Clear Lake AVA in the proposed regulatory ‘‘valleys between the coast ranges Lake,’’ and ‘‘North Coast’’ as text published at the end of this running parallel to the Pacific Ocean appellations of origin for wines made proposed rule. shore and the lower slopes of these from grapes grown within the proposed ranges.’’ GDD accumulations for the Maps Upper Lake Valley AVA if the wines meet the eligibility requirements for the North Coast AVA range from Region I to The petitioner provided the required 25 appellation. Additionally, vintners Region III. Average rainfall in the maps, and they are listed below in the would be allowed to use ‘‘Upper Lake North Coast AVA varies widely, ranging proposed regulatory text. You may also Valley,’’ ‘‘Clear Lake,’’ and ‘‘North from 24.8 inches in one location in the view the proposed Upper Lake Valley Coast’’ as appellations of origin for AVA to 62.2 inches in another part of AVA boundary and the proposed wines made from grapes grown within the AVA. expansion of the Clear Lake AVA the proposed Clear Lake AVA expansion The proposed Upper Lake Valley boundary on the AVA Map Explorer on area if the wines meet the eligibility AVA shares some of the same general the TTB website, at https://www.ttb.gov/ requirements for the appellation. characteristics as the North Coast AVA. wine/ava-map-explorer. The proposed AVA is comprised of Public Participation valleys between mountainous areas and Impact on Current Wine Labels the lower slopes of the mountains. The Part 4 of the TTB regulations prohibits Comments Invited GDD accumulations for the proposed any label reference on a wine that TTB invites comments from interested AVA classify it as a low Region III. indicates or implies an origin other than members of the public on whether it However, the proposed AVA is much the wine’s true place of origin. For a should establish the proposed AVA and more uniform in its climatic features, wine to be labeled with an AVA name, concurrently modify the boundary of namely temperature, soils, and at least 85 percent of the wine must be the established Clear Lake AVA. TTB is topography than the diverse, derived from grapes grown within the interested in receiving comments on the multicounty North Coast AVA. In this area represented by that name, and the sufficiency and accuracy of the name, regard, TTB notes that T.D. ATF–145 wine must meet the other conditions boundary, soils, climate, hydrogeology, specifically states that ‘‘approval of this listed in § 4.25(e)(3) of the TTB and other required information viticultural area does not preclude regulations (27 CFR 4.25(e)(3)). If the submitted in support of the petition. In approval of additional areas, either wine is not eligible for labeling with an addition, given the proposed Upper wholly contained with the North Coast, AVA name and that name appears in the Lake Valley AVA’s location within the or partially overlapping the North brand name, then the label is not in existing Clear Lake and North Coast Coast,’’ and that ‘‘smaller viticultural compliance and the bottler must change AVAs, TTB is interested in comments areas tend to be more uniform in their the brand name and obtain approval of on whether the evidence submitted in geographical and climatic a new label. Similarly, if the AVA name the petition regarding the distinguishing characteristics, while very large areas appears in another reference on the features of the proposed AVA such as the North Coast tend to exhibit label in a misleading manner, the bottler sufficiently differentiates it from the generally similar characteristics, in this would have to obtain approval of a new existing established AVAs. TTB is also case the influence of maritime air off of label. Different rules apply if a wine has interested in comments on whether the the Pacific Ocean and San Pablo Bay.’’ a brand name containing an AVA name geographic features of the proposed Thus, the proposal to establish the that was used as a brand name on a AVA are so distinguishable from the Upper Lake Valley AVA is consistent label approved before July 7, 1986. See surrounding Clear Lake or North Coast § 4.39(i)(2) of the TTB regulations (27 AVA that the proposed Upper Lake 25 Id. CFR 4.39(i)(2)) for details. Valley AVA should no longer be part of

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that AVA. Please provide any available receipt of comments, and TTB considers Regulatory Flexibility Act specific information in support of your all comments as originals. TTB certifies that this proposed comments. In your comment, please clearly state regulation, if adopted, would not have TTB also invites comments on the if you are commenting for yourself or on a significant economic impact on a proposed expansion of the existing behalf of an association, business, or substantial number of small entities. Clear Lake AVA. TTB is specifically other entity. If you are commenting on The proposed regulation imposes no interested in receiving comments on the behalf of an entity via Regulations.gov, new reporting, recordkeeping, or other similarity of the proposed expansion please use the ‘‘organization’’ version of administrative requirement. Any benefit area to the established Clear Lake AVA, the comment form and include the derived from the use of a viticultural as well as the differences between the entity’s name, as well as your name and area name would be the result of a proposed expansion area and the areas position title in the comment. If you proprietor’s efforts and consumer outside the Clear Lake AVA. Comments comment via postal mail, please submit acceptance of wines from that area. should address the boundaries, your entity’s comment on letterhead. Therefore, no regulatory flexibility elevation, climate, watershed, and any You may also write to the analysis is required. other pertinent information that Administrator before the comment supports or opposes the proposed Clear closing date to ask for a public hearing. Executive Order 12866 Lake AVA boundary expansion. The Administrator reserves the right to It has been determined that this Because of the potential impact of the determine whether to hold a public proposed rule is not a significant establishment of the proposed Upper hearing. regulatory action as defined by Lake Valley AVA on wine labels that Executive Order 12866 of September 30, Confidentiality include the term ‘‘Upper Lake Valley’’ 1993. Therefore, no regulatory as discussed above under Impact on All submitted comments and assessment is required. Current Wine Labels, TTB is attachments are part of the public record particularly interested in comments and subject to disclosure. Do not Drafting Information regarding whether there will be a enclose any material in your comments Karen A. Thornton of the Regulations conflict between the proposed AVA that you consider to be confidential or and Rulings Division drafted this notice name and currently used brand names. inappropriate for public disclosure. of proposed rulemaking. If a commenter believes that a conflict Public Disclosure List of Subjects in 27 CFR Part 9 will arise, the comment should describe the nature of that conflict, including any TTB will post, and you may view, Wine. anticipated negative economic impact copies of this notice, selected Proposed Regulatory Amendment that approval of the proposed AVA will supporting materials, and any online or have on an existing viticultural mailed comments received about this For the reasons discussed in the enterprise. TTB is also interested in proposal within Docket No. TTB–2021– preamble, TTB proposes to amend title receiving suggestions for ways to avoid 0001 on the Federal e-rulemaking 27, chapter I, part 9, Code of Federal conflicts, for example, by adopting a portal, Regulations.gov, at https:// Regulations, as follows: modified or different name for the AVA. www.regulations.gov. A direct link to PART 9—AMERICAN VITICULTURAL that docket is available on the TTB Submitting Comments AREAS website at https://www.ttb.gov/wine/ You may submit comments on this wine_rulemaking.shtml under Notice ■ 1. The authority citation for part 9 notice by using one of the following No. 200. You may also reach the continues to read as follows: methods: relevant docket through the Authority: 27 U.S.C. 205. • Federal e-Rulemaking Portal: You Regulations.gov search page at https:// may send comments via the online www.regulations.gov. ■ 2. Amend § 9.99 by: comment form posted with this notice If provided, posted comments will ■ a. Removing the period at the end of within Docket No. TTB–2021–0001 on display the commenter’s name, paragraph (b)(4) and adding a semicolon ‘‘Regulations.gov,’’ the Federal organization (if any), city, and State, in its place; ■ e-rulemaking portal, at https:// and, in the case of mailed comments, all b. Adding paragraph (b)(5); ■ www.regulations.gov. A direct link to address information, including email c. Redesignating paragraphs (c)(11) that docket is available under Notice addresses. TTB may omit voluminous through (c)(17) as paragraphs (c)(15) No. 200 on the TTB website at https:// through (c)(21); and attachments or material that the Bureau ■ www.ttb.gov/wine/wine- considers unsuitable for posting. d. Adding new paragraphs (c)(11) through (c)(14). rulemaking.shtml. Supplemental files You may also obtain copies of this The additions read as follows: may be attached to comments submitted proposed rule, all related petitions, via Regulations.gov. maps and other supporting materials, § 9.99 Clear Lake. • U.S. Mail: You may send comments and any electronic or mailed comments * * * * * via postal mail to the Director, that TTB receives about this proposal at (b) * * * Regulations and Rulings Division, 20 cents per 8.5- x 11-inch page. Please (5) ‘‘Upper Lake Quadrangle, Alcohol and Tobacco Tax and Trade note that TTB is unable to provide California,’’ 7.5 minute series, 1996. Bureau, 1310 G Street NW, Box 12, copies of USGS maps or any similarly- (c) * * * Washington, DC 20005. sized documents that may be included (11) Then southeasterly in a straight Please submit your comments by the as part of the AVA petition. Contact line, crossing onto the Upper Lake closing date shown above in this notice. TTB’s Regulations and Rulings Division quadrangle, to the intersection of the Your comments must reference Notice by email using the web form at https:// 1,600-foot elevation contour and an No. 200, and also must be made in www.ttb.gov/contact-rrd, or by unnamed 4-wheel drive road in Section English, be legible, and be written in telephone at 202–453–1039, ext. 175, to 9, T15N/R10W; language acceptable for public request copies of comments or other (12) Then northwesterly, then disclosure. TTB does not acknowledge materials. southwesterly along the 1,600-foot

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elevation contour to a point in Section intersection of the southern boundary of contour and an unimproved 4-wheel 8, T15N/R10W, that is due north of the Section 14 with the 1,600-foot elevation drive road in Section 36, T15N/R9W; westernmost structure in a row of three contour; then then structures located south of Scotts Creek; (7) Proceed in a generally (18) Proceed south in a straight line to (13) Then south in a straight line, northwesterly direction along the the shoreline of Clear Lake; then crossing over Scotts Creek and the meandering 1,600-foot elevation contour (19) Proceed northeasterly along the westernmost structure, to the to its intersection with an unnamed, shoreline of Clear Lake, crossing onto intersection with an unnamed, unimproved road in Section 17, T15N/ the Lakeport map, and continuing unimproved road and the 1,600-foot R10W; then southwesterly along the shoreline, elevation contour in Section 17, T15N/ (8) Proceed north in a straight line, crossing Rodman Slough, to return to R10W; crossing Scotts Creek, to the 1,600-foot the beginning point. (14) Then generally east along the elevation contour in Section 8, T15N/ Signed: January 25, 2021. 1,600-foot elevation contour to its R10W; then second intersection with an unnamed, (9) Proceed northeasterly, then Mary G. Ryan, unimproved road in section 15, T15N/ southeasterly along the 1,600-foot Administrator. R10W; elevation contour to its intersection Approved: March 24, 2021. * * * * * with an unnamed 4-wheel drive road in Timothy E. Skud, ■ 3. Subpart C is amended by adding Section 9, T15N/R10W; then Deputy Assistant Secretary (Tax, Trade, and § 9.to read as follows: (10) Proceed northwest in a straight Tariff Policy). line to the marked 2,325-foot elevation [FR Doc. 2021–07626 Filed 4–15–21; 8:45 am] Subpart C—Approved American point on Hell’s Peak; then BILLING CODE 4810–31–P Viticultural Areas (11) Proceed southeast in a straight line to the intersection of the 1,600-foot §9.lll Upper Lake Valley. elevation contour and the southern (a) Name. The name of the viticultural boundary of Section 30 along the FEDERAL COMMUNICATIONS area described in this section is ‘‘Upper Mendocino National Forest boundary, COMMISSION Lake Valley’’. For purposes of part 4 of T16N/R9W; then 47 CFR Parts 2, 15, 25, 27, and 101 this chapter, ‘‘Upper Lake Valley’’ is a (12) Proceed southeast along the term of viticultural significance. meandering 1,600-foot elevation contour [WT Docket No. 20–443; GN Docket No. 17– (b) Approved maps. The four United to its third intersection with the 183; DA 21–370; FR ID 20758] States Geological Survey (USGS) Mendocino National Forest boundary, 1:24,000 scale topographic maps used to along the eastern boundary of Section Expanding Flexible Use of the 12.2– determine the boundary of the Upper 31, T16N/R9W; then 12.7 GHz Band Lake Valley viticultural area are titled: (13) Proceed south, then west along AGENCY: Federal Communications (1) Lakeport, 1958; photorevised 1978; the Mendocino National Forest minor revision 1994; Commission. boundary to its intersection with the (2) Upper Lake, 1996; 1,600-foot elevation contour along the ACTION: Proposed rule, extension of (3) Bartlett Mountain, 1996; and comment and reply comment period. (4) Lucerne, 1996. northern boundary of Section 5, T15N/ (c) Boundary. The Upper Lake Valley R9W; then SUMMARY: In this document, the Federal viticultural area is located in Lake (14) Proceed southeasterly along the Communications Commission County, California. The boundary of the meandering 1,600-foot elevation (Commission) extends the comment and Upper Lake Valley viticultural area is as contour, crossing onto the Bartlett reply comment period of the Notice of described below: Mountain map, to the intersection of the the Proposed Rulemaking of the (1) The beginning point is on the 1,600-foot elevation contour and the proceeding that was released on January Lakeport map at the intersection of Mendocino National Forest boundary 15, 2021. Lyons Creek and the western shore of along the eastern boundary of Section 9, T15N/9RW; then DATES: The deadline for filing comments Clear Lake in Section 31, T15N/R9W. is extended to May 7, 2021, and the From the beginning point, proceed (15) Proceed south, then east along the Mendocino National Forest deadline for filing reply comments is south in a straight line to an unnamed extended to June 7, 2021. light-duty road known locally as boundary to its intersection with the Lafferty Road; then 1,600-foot elevation contour along the ADDRESSES: You may submit comments, (2) Proceed west along Lafferty Road northern boundary of Section 15, T15N/ identified by WT Docket No. 20–443 to its intersection with an unnamed R9W; then and GN Docket No. 17–183, by any of secondary highway known locally as (16) Proceed south, then northwest the following methods: • Lakeshore Boulevard; then along the meandering 1,600-foot Electronic Filers: Comments may be (3) Proceed north on Lakeshore elevation contour, crossing onto the filed electronically using the internet by Boulevard to its intersection with an Upper Lake map, and continuing accessing the ECFS: https:// unnamed light-duty road known locally southeasterly along the 1,600-foot www.fcc.gov/ecfs. • as Whalen Way; then elevation contour crossing back and Paper Filers: Parties who choose to (4) Proceed west on Whalen Way to forth between the Bartlett Mountain file by paper must file an original and its intersection with State Highway 29; map and the Upper Lake map, to the one copy of each filing. If more than one then intersection of the 1,600-foot elevation docket or rulemaking number appears in (5) Proceed north on State Highway contour and an unimproved 4-wheel the caption of this proceeding, filers 29, crossing onto the Upper Lake map, drive road in Section 21, T15N/R9W; must submit two additional copies for to the intersection of the highway and then each additional docket or rulemaking the southern boundary of Section 13, (17) Continue southeast along the number. T15N, R10W; then 1,600-foot elevation contour, crossing Filings can be sent by commercial (6) Proceed west along the southern onto the Lucerne map, to the overnight courier, or by first-class or boundary of Sections 13 and 14 to the intersection of the 1,600-foot elevation overnight U.S. Postal Service mail. All

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