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. For a not drain so excessively as to require Olivos District AVA. TTB also did not wine to be labeled with an AVA name frequent irrigation. Soil nutrient levels receive any comments in response to its or with a brand name that includes an within the proposed AVA are adequate question of whether the proposed Los AVA name, at least 85 percent of the to produce healthy vines and fruit Olivos District AVA is so wine must be derived from grapes without promoting excessive growth. By distinguishable from the established grown within the area represented by contrast, the majority of soils in the Santa Ynez Valley AVA or the that name, and the wine must meet the surrounding regions are not from the established Central Coast AVA that the other conditions listed in 27 CFR Positas–Ballard–Santa Ynez soil proposed AVA should not be part of 4.25(e)(3). If the wine is not eligible for association and are generally less fertile either established AVA. labeling with an AVA name and that and drain faster. name appears in the brand name, then Within the Central Coast AVA, where TTB Determination the label is not in compliance and the the proposed Los Olivos District AVA is After careful review of the petition bottler must change the brand name and located, temperatures are affected by and the comment received in response obtain approval of a new label. cooling marine fog. However, the to Notice No. 148, TTB finds that the Similarly, if the AVA name appears in proposed Los Olivos District AVA is evidence provided by the petitioner another reference on the label in a located about 30 miles inland from the supports the establishment of the Los misleading manner, the bottler would Pacific Ocean, so much of the marine Olivos District AVA. Accordingly, have to obtain approval of a new label. fog has diminished by the time it under the authority of the FAA Act, Different rules apply if a wine has a reaches the proposed AVA in the late section 1111(d) of the Homeland brand name containing an AVA name afternoon. The thin fog within the Security Act of 2002, and part 4 of the that was used as a brand name on a proposed AVA allows the daytime TTB regulations, TTB establishes the label approved before July 7, 1986. See temperatures to rise higher and the ‘‘Los Olivos District’’ AVA in Santa 27 CFR 4.39(i)(2) for details. nighttime temperatures to drop lower Barbara County, California, effective 30 With the establishment of this AVA, than in the regions farther to the west, days from the publication date of this its name, ‘‘Los Olivos District,’’ is where heavy fog is present throughout document. recognized as a name of viticultural the day. The region to the east receives TTB has also determined that the Los significance under § 4.39(i)(3) of the even less fog than the proposed AVA, so Olivos District AVA will remain part of TTB regulations (27 CFR 4.39(i)(3)). The daytime temperatures rise higher and both the established Santa Ynez Valley text of the regulation clarifies this point. nighttime temperatures drop lower. The AVA and the established Central Coast Consequently, wine bottlers using the warm daytime temperatures within the AVA. As discussed in Notice No. 148, name ‘‘Los Olivos District’’ in a brand proposed AVA encourage fruit the Los Olivos District AVA receives name, including a trademark, or in maturation and sugar production, and some of the marine breezes and fog that another label reference as to the origin the cool nighttime temperatures are the primary characteristics of both of the wine, will have to ensure that the minimize acid loss. the Santa Ynez Valley AVA and the product is eligible to use the AVA name Central Coast AVA. However, due to its as an appellation of origin. In Notice No. Notice of Proposed Rulemaking and central location within the Santa Ynez 148, TTB proposed to recognize ‘‘Los Comments Received Valley AVA, the Los Olivos District Olivos,’’ standing alone, as a term of TTB published Notice No. 148 in the AVA receives less marine air and heavy viticultural significance. However TTB Federal Register on March 3, 2015 (80 fog than the western portion of the is not designating ‘‘Los Olivos,’’

VerDate Sep<11>2014 15:08 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\21JAR1.SGM 21JAR1 jstallworth on DSK7TPTVN1PROD with RULES Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations 3329

standing alone, as a term of viticultural § 9.253 Los Olivos District. intersection with the Santa Ynez River, significance in this final rule. We make (a) Name. The name of the viticultural T6N/R31W; then this change in light of new information area described in this section is ‘‘Los (9) Proceed easterly (upstream) along concerning the current use of ‘‘Los Olivos District’’. For purposes of part 4 the Santa Ynez River approximately 8 Olivos’’ on wine labels. of this chapter, ‘‘Los Olivos District’’ is miles, crossing onto the Santa Ynez The approval of the Los Olivos a term of viticultural significance. map, to the river’s intersection with District AVA does not affect any (b) Approved maps. The four United State Highway 154, T6N/R30W; then existing AVA, and this approval does States Geological Survey (USGS) not affect any bottlers using ‘‘Central 1:24,000 scale topographic maps used to (10) Proceed north-northwest in a Coast’’ or ‘‘Santa Ynez Valley’’ as an determine the boundary of the Los straight line approximately 1.2 miles to appellation of origin or in a brand name Olivos District viticultural area are the marked 924-foot elevation point, for wines made from grapes grown titled: T6R/R30W; then within the Central Coast or Santa Ynez (1) Los Olivos, CA, 1995; (11) Proceed north-northwest in a Valley AVAs. The establishment of the (2) Zaca Creek, Calif., 1959; straight line 1.2 miles to the ‘‘Y’’ in an Los Olivos District AVA allows vintners (3) Solvang, CA, 1995; and to use ‘‘Los Olivos District,’’ ‘‘Santa (4) Santa Ynez, CA, 1995. unimproved road 0.1 mile south of the Ynez Valley,’’ and ‘‘Central Coast’’ as (c) Boundary. The Los Olivos District 800-foot contour line, west of Happy appellations of origin for wines made viticultural area is located in Santa Canyon Road, T6R/R30W; then from grapes grown within the Los Barbara County, California. The (12) Proceed north-northwest in a Olivos District AVA, if the wines meet boundary of the Los Olivos District straight line for 0.5 mile, crossing onto the eligibility requirements for the viticultural area is as described below: the Los Olivos map, and continuing appellation. (1) The beginning point is on the Los approximately 2.3 miles to the third Olivos map at the intersection of Foxen Regulatory Flexibility Act intersection of the line with the 1,000- Canyon Road with California State Road foot contour line northwest of BM 812, TTB certifies that this regulation will 154 (known locally as San Marcos Pass T7N/R30W; then not have a significant economic impact Road/Chumash Highway), section 23, on a substantial number of small T7N/R31W. (13) Proceed westerly along the entities. The regulation imposes no new (2) From the beginning point, proceed meandering 1,000-foot contour line to reporting, recordkeeping, or other southwesterly in a straight line the contour line’s intersection with an administrative requirement. Any benefit approximately 0.3 mile, crossing onto unnamed, unimproved road, an derived from the use of an AVA name the Zaca Creek map, to the intersection unnamed light-duty road, and the would be the result of a proprietor’s of Ballard Canyon Road and an northern boundary line of section 23, efforts and consumer acceptance of unnamed, unimproved road known T7N/R31W; then wines from that area. Therefore, no locally as Los Olivos Meadows Drive, (14) Proceed northerly, then westerly, regulatory flexibility analysis is T7N/R31W; then along the unnamed, unimproved road to required. (3) Proceed south-southeasterly in a Figueroa Mountain Road, near the straight line approximately 1 mile, Executive Order 12866 marked 895-foot elevation, T7N/R31W; crossing onto the Los Olivos map, to a then It has been determined that this final marked, unnamed structure within a rule is not a significant regulatory action circular-shaped 920-foot contour line in (15) Proceed north on Figueroa as defined by Executive Order 12866 of the southwest corner of section 26, T7N/ Mountain Road approximately 400 feet September 30, 1993. Therefore, no R31W; then to the 920-foot contour line, T7N/R31W; regulatory assessment is required. (4) Proceed south-southwesterly in a then Drafting Information straight line approximately 1.25 miles, (16) Proceed initially south, then crossing onto the Zaca Creek map, to the Karen A. Thornton of the Regulations northwesterly along the meandering point marked by the ‘‘Ball’’ 801-foot 920-foot contour line, crossing onto the and Rulings Division drafted this final elevation control point, T6N/R31W; Zaca Creek map, to Foxen Canyon Road, rule. then T7N/R31W; then List of Subjects in 27 CFR Part 9 (5) Proceed south-southwesterly in a (17) Proceed southeasterly on Foxen Wine. straight line approximately 1.45 miles, crossing onto the Solvang map, to a Canyon Road approximately 1.7 miles, The Regulatory Amendment marked, unnamed 775-foot peak, T6N/ crossing onto the Los Olivos map, R31W; then returning to the beginning point. For the reasons discussed in the (6) Proceed south-southwesterly in a Signed: December 9, 2015. preamble, TTB amends title 27, chapter straight line approximately 0.55 mile to I, part 9, Code of Federal Regulations, as a marked communication tower located John J. Manfreda, follows: within the 760-foot contour line, T6N/ Administrator. PART 9—AMERICAN VITICULTURAL R31W; then Approved: January 14, 2016. AREAS (7) Proceed south-southeasterly in a Timothy E. Skud, straight line approximately 0.6 mile to Deputy Assistant Secretary (Tax, Trade, and ■ 1. The authority citation for part 9 the intersection of Chalk Hill Road with Tariff Policy). an unnamed creek descending from continues to read as follows: [FR Doc. 2016–01155 Filed 1–20–16; 8:45 am] Adobe Canyon, northwest of the Authority: 27 U.S.C. 205. unnamed road known locally as BILLING CODE 4810–31–P Subpart C—Approved American Fredensborg Canyon Road, T6N/R31W; Viticultural Areas then (8) Proceed southwesterly ■ 2. Add § 9.253 to subpart C to read as (downstream) along the creek follows: approximately 1 mile to the creek’s

VerDate Sep<11>2014 15:08 Jan 20, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4700 Sfmt 9990 E:\FR\FM\21JAR1.SGM 21JAR1 jstallworth on DSK7TPTVN1PROD with RULES