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Federal Register/Vol. 81, No. 13/Thursday, January 21, 2016

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Federal Register/Vol. 81, No. 13/Thursday, January 21, 2016 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations 3327 demonstrate that the device performs as FOR FURTHER INFORMATION CONTACT: purchase. Establishment of an AVA is intended under anticipated conditions Karen A. Thornton, Regulations and neither an approval nor an endorsement of use. Rulings Division, Alcohol and Tobacco by TTB of the wine produced in that (4) Professional training must include Tax and Trade Bureau, 1310 G Street area. the ear impression procedure, correct NW., Box 12, Washington, DC 20005; Requirements placement, fitting, monitoring, care, and phone 202–453–1039, ext. 175. maintenance of the device. SUPPLEMENTARY INFORMATION: Section 4.25(e)(2) of the TTB (5) Labeling must include the regulations (27 CFR 4.25(e)(2)) outlines following: Background on Viticultural Areas the procedure for proposing an AVA (i) A detailed summary of the adverse TTB Authority and provides that any interested party events and effectiveness outcomes from may petition TTB to establish a grape- the clinical performance testing; Section 105(e) of the Federal Alcohol growing region as an AVA. Section 9.12 (ii) Detailed instructions on how to fit Administration Act (FAA Act), 27 of the TTB regulations (27 CFR 9.12) the device to the patient; U.S.C. 205(e), authorizes the Secretary prescribes standards for petitions for the (iii) Instructions for periodic cleaning of the Treasury to prescribe regulations establishment or modification of AVAs. of any reusable components; for the labeling of wine, distilled spirits, Petitions to establish an AVA must (iv) Information related to and malt beverages. The FAA Act include the following: electromagnetic compatibility; and provides that these regulations should, • Evidence that the area within the (v) Patient labeling that includes: among other things, prohibit consumer proposed AVA boundary is nationally (A) A patient card that identifies if a deception and the use of misleading or locally known by the AVA name patient has been fitted with any non- statements on labels and ensure that specified in the petition; self- removable components of the labels provide the consumer with • An explanation of the basis for device and provides relevant adequate information as to the identity defining the boundary of the proposed information in cases of emergency; and quality of the product. The Alcohol AVA; (B) Information on how to correctly and Tobacco Tax and Trade Bureau • A narrative description of the use and maintain the device; (TTB) administers the FAA Act features of the proposed AVA affecting (C) The potential risks and benefits pursuant to section 1111(d) of the viticulture, such as climate, geology, associated with the use of the device; Homeland Security Act of 2002, soils, physical features, and elevation, and codified at 6 U.S.C. 531(d). The (D) Alternative treatments. that make the proposed AVA distinctive Secretary has delegated various and distinguish it from adjacent areas Dated: January 13, 2016. authorities through Treasury outside the proposed AVA boundary; Leslie Kux, Department Order 120–01, dated • The appropriate United States Associate Commissioner for Policy. December 10, 2013 (superseding Geological Survey (USGS) map(s) [FR Doc. 2016–01090 Filed 1–20–16; 8:45 am] Treasury Department Order 120–01, showing the location of the proposed BILLING CODE 4164–01–P dated January 24, 2003), to the TTB AVA, with the boundary of the Administrator to perform the functions proposed AVA clearly drawn thereon; and duties in the administration and and DEPARTMENT OF THE TREASURY enforcement of these provisions. • A detailed narrative description of Part 4 of the TTB regulations (27 CFR the proposed AVA boundary based on Alcohol and Tobacco Tax and Trade part 4) authorizes TTB to establish USGS map markings. Bureau definitive viticultural areas and regulate the use of their names as appellations of Los Olivos District Petition 27 CFR Part 9 origin on wine labels and in wine TTB received a petition from C. Frederic Brander, owner and winemaker [Docket No. TTB–2015–0004; T.D. TTB–132; advertisements. Part 9 of the TTB Ref: Notice No. 148] regulations (27 CFR part 9) sets forth of the Brander Vineyard, proposing the standards for the preparation and establishment of the ‘‘Los Olivos RIN 1513–AC11 submission of petitions for the District’’ AVA in Santa Barbara County, establishment or modification of California. There are 12 bonded Establishment of the Los Olivos American viticultural areas (AVAs) and wineries and approximately 47 District Viticultural Area lists the approved AVAs. commercially producing vineyards AGENCY: covering a total of 1,120 acres within the Alcohol and Tobacco Tax and Definition Trade Bureau, Treasury. proposed AVA. The proposed Los ACTION: Final rule; Treasury decision. Section 4.25(e)(1)(i) of the TTB Olivos District AVA shares its western regulations (27 CFR 4.25(e)(1)(i)) defines boundary with the eastern boundary of SUMMARY: The Alcohol and Tobacco Tax a viticultural area for American wine as the Ballard Canyon AVA (27 CFR 9.230) and Trade Bureau (TTB) establishes the a delimited grape-growing region having and its eastern boundary with the approximately 22,820-acre ‘‘Los Olivos distinguishing features, as described in western boundary of the Happy Canyon District’’ viticultural area in Santa part 9 of the regulations, and a name of Santa Barbara AVA (27 CR 9.217), but Barbara County, California. The and a delineated boundary, as it does not overlap either of these AVAs. viticultural area is located within the established in part 9 of the regulations. It is located within the Santa Ynez Santa Ynez Valley viticultural area and These designations allow vintners and Valley viticultural area and the larger, the larger, multicounty Central Coast consumers to attribute a given quality, multicounty Central Coast viticultural viticultural area. TTB designates reputation, or other characteristic of a area. viticultural areas to allow vintners to wine made from grapes grown in an area According to the petition, the better describe the origin of their wines to the wine’s geographic origin. The distinguishing features of the proposed and to allow consumers to better establishment of AVAs allows vintners Los Olivos District AVA include its identify wines they may purchase. to describe more accurately the origin of topography, soils, and climate. The DATES: This final rule is effective their wines to consumers and helps proposed AVA is located on a broad February 22, 2016. consumers to identify wines they may alluvial terrace plain of the Santa Ynez VerDate Sep<11>2014 15:08 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\21JAR1.SGM 21JAR1 jstallworth on DSK7TPTVN1PROD with RULES 3328 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations River. The topography of the proposed FR 11355), proposing to establish the Santa Ynez Valley AVA, which is closer AVA is relatively uniform, with nearly Los Olivos District AVA. In the to the Pacific Ocean, and it receives flat terrain that gently slopes southward document, TTB summarized the more cooling breezes and fog than the toward the Santa Ynez River. The lack evidence from the petition regarding the eastern portion. The topography of the of steeply sloped hills reduces the risk name, boundary, and distinguishing Los Olivos District AVA is also more of erosion and facilitates mechanical features for the proposed AVA. The uniform than that of the Santa Ynez tiling and harvesting in the vineyards. document also compared the Valley AVA, which has mountains and Additionally, the open terrain allows distinguishing features of the proposed canyons as well as flatter terrain. vineyards throughout the proposed AVA to the surrounding areas. In Notice Additionally, due to its smaller size, the AVA to receive uniform amounts of No. 148, TTB solicited comments on the Los Olivos District AVA is more sunlight, rainfall, and temperature- accuracy of the name, boundary, and uniform in its geographical and climatic moderating fog because there are no other required information submitted in characteristics than the much larger, significant hills or mountains within the support of the petition. In addition, TTB multicounty Central Coast AVA. proposed AVA to block the rainfall and solicited comments on whether the Boundary Description fog or to shade the vineyards. By geographic features of the proposed Los contrast, the regions surrounding the Olivos District are so distinguishable See the narrative description of the proposed Los Olivos District all have from the established Santa Ynez Valley boundary of the AVA in the regulatory higher elevations and steep, rugged AVA and the Central Coast AVA that text published at the end of this final terrain. the proposed AVA should not be part of rule. Over 95 percent of the soils within the either established AVA. The comment Maps proposed Los Olivos District AVA are period closed on May 4, 2015. from the Positas–Ballard–Santa Ynez In response to Notice No. 148, TTB The petitioner provided the required soil association and are derived from received 76 comments, all of which maps, and they are listed below in the alluvium, including Orcutt sand and supported the establishment of the Los regulatory text. terrace deposits. The soils are Olivos District AVA, with many citing Impact on Current Wine Labels moderately to well drained gravelly fine to its distinct topography, climate, and sandy loams and clay loams with low to soils. The comments did not raise any Part 4 of the TTB regulations prohibits moderate fertility. The soils within the new issues concerning the proposed any label reference on a wine that proposed AVA drain quickly enough to AVA. TTB received no comments indicates or implies an origin other than reduce the risk of root disease but do opposing the establishment of the Los the wine’s true place of origin.
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