Federal Register/Vol. 73, No. 162
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Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 49123 Immigration Reform and Control Act of that this change would lead to River Valley viticultural area proposed 1986 divided H–2 workers into two widespread fraud and expansion of 14,044 acres would categories: Temporary workers to misrepresentation. increase the size of that viticultural area perform agricultural labor or services A considerable number of to 169,028 acres. The Northern Sonoma (H–2A), and all other temporary workers commenters were in opposition to the viticultural area proposed expansion of (H–2B). In 1990, Congress attached a proposed change requiring that approximately 44,244 acres would limitation on the number of H–2B petitioners e-file a petition within 60 increase the size of that viticultural area workers, but otherwise the program has days in advance of the employment to 394,088 acres. We designate not significantly changed to need. Some raised concern that many viticultural areas to allow vintners to accommodate employers’ needs or to employers are not necessarily well- better describe the origin of their wines offer worker protections. After versed in the access and use of the and to allow consumers to better consulting with DOL and the Internet. identify wines they may purchase. We Department of State, and reviewing the • A significant number of comments invite comments on this proposed definitions and procedures used to were opposed to the proposal to change to our regulations. regulate the H–2B nonagricultural eliminate agents. Many commenters DATES: We must receive written temporary worker program, USCIS stressed that agents perform a vital comments on or before October 20, determined that the H–2B process function in the H–2B filing process on 2008. should be modified to reduce behalf of the employers who are not unnecessary burdens that hinder conversant with the applicable laws and ADDRESSES: You may send comments to any of the following addresses: petitioning employers’ ability to regulations related to the H–2B program. • effectively use this visa category. The • The majority of the comments http://www.regulations.gov (via the proposed rule was published on January stressed that the proposed changes online comment form for this notice as 27, 2005, with its intent being to would result in decreased protections posted within Docket No. TTB–2008– increase efficiency in the program by for U.S. workers and the likely 0009 at ‘‘Regulations.gov,’’ the Federal e-rulemaking portal); or removing existing regulatory barriers. 70 proliferation of fraud within the • FR 3984. program. Director, Regulations and Rulings Based upon a review of the Division, Alcohol and Tobacco Tax and II. Changes Contained in the Proposed rulemaking record as a whole, DHS has Trade Bureau, P.O. Box 14412, Rule decided to withdraw the January 27, Washington, DC 20044–4412. The most significant proposed change 2005, proposed rule and terminate the See the Public Participation section of was a migration to a one-stop associated proposed rulemaking action. this notice for specific instructions and attestation-based process whereby most DHS, therefore, will not publish specific requirements for submitting comments, U.S. employers seeking H–2B temporary responses to each comment. and for information on how to request workers would only be required to file a public hearing. one application, the Form I–129, IV. Withdrawal of the Proposed Rule You may view copies of this notice, Petition for a Nonimmigrant Worker, For the reasons described in this selected supporting materials, and any with USCIS. The proposal would have document, DHS is withdrawing the comments we receive about this reduced the paper-based application proposed rule published on January 27, proposal at http://www.regulations.gov process by requiring that most Form I– 2005 (FR Doc. 05–1240, 70 FR 3984). within Docket No. TTB–2008–0009. A link to that docket is posted on the TTB 129 petitions be submitted to USCIS Dated: August 11, 2008. electronically through e-filing. The Web site at http://www.ttb.gov/wine/ Michael Chertoff, proposal would also have required e- wine_rulemaking.shtml under Notice filed petitions to be filed not more than Secretary. No. 90. You also may view copies of this 60 days in advance of the employment [FR Doc. E8–19322 Filed 8–19–08; 8:45 am] notice, all related petitions, maps or need. The proposed rule also would BILLING CODE 9111–97–P other supporting materials, and any have precluded agents from filing H–2B comments we receive about this petitions on behalf of the actual H–2B proposal by appointment at the TTB employer. Finally, the proposed rule DEPARTMENT OF THE TREASURY Information Resource Center, 1310 G included additional changes to ensure Street, NW., Washington, DC 20220. the integrity of the program through Alcohol and Tobacco Tax and Trade Please call 202–927–2400 to make an enforcement mechanisms. Bureau appointment. FOR FURTHER INFORMATION CONTACT: III. Comments Received on the 27 CFR Part 9 Proposed Rule Jennifer Berry, Alcohol and Tobacco [Notice No. 90; Docket No. TTB–2008–0009] Tax and Trade Bureau, Regulations and USCIS received 125 comments on the RIN 1513–AB57 Rulings Division, P.O. Box 18152, proposed rule during the 60-day Roanoke, VA 24014; telephone (540) comment period. The majority of the Proposed Expansions of the Russian 344–9333. commenters were opposed to many River Valley and Northern Sonoma SUPPLEMENTARY INFORMATION: changes proposed in the rule. The Viticultural Areas (2008R–031P) comments are summarized as follows: Background on Viticultural Areas • There were a significant number of AGENCY: Alcohol and Tobacco Tax and TTB Authority negative comments regarding the Trade Bureau, Treasury. proposal to create a one-stop attestation- ACTION: Notice of proposed rulemaking. Section 105(e) of the Federal Alcohol based process. Some commenters stated Administration Act (FAA Act), 27 that the existing labor certification SUMMARY: The Alcohol and Tobacco Tax U.S.C. 205(e), authorizes the Secretary process should remain with DOL and Trade Bureau proposes to expand of the Treasury to prescribe regulations because DOL, not USCIS, is directly the Russian River Valley and Northern for the labeling of wine, distilled spirits, charged with the protection of U.S. Sonoma American viticultural areas in and malt beverages. The FAA Act workers. Some also expressed concern Sonoma County, California. The Russian requires that these regulations, among VerDate Aug<31>2005 15:35 Aug 19, 2008 Jkt 214001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\20AUP1.SGM 20AUP1 dwashington3 on PRODPC61 with PROPOSALS 49124 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules other things, prohibit consumer States Geological Survey (USGS) maps; Coast viticultural areas but not within deception and the use of misleading and the Northern Sonoma viticultural area. statements on labels, and ensure that • A copy of the appropriate USGS According to the petition, the proposed labels provide the consumer with map(s) with the proposed viticultural expansion area lies almost entirely adequate information as to the identity area’s boundary prominently marked. within the Russian River Valley and quality of the product. The Alcohol Russian River Valley Expansion watershed, is historically part of the and Tobacco Tax and Trade Bureau Petition Russian River Valley, and shares all the (TTB) administers the regulations significant distinguishing features of the promulgated under the FAA Act. Gallo Family Vineyards submitted a Russian River Valley viticultural area. Part 4 of the TTB regulations (27 CFR petition proposing a 14,044-acre Name Evidence part 4) allows the establishment of expansion of the established Russian definitive viticultural areas and the use River Valley viticultural area (27 CFR The petitioner states that the of their names as appellations of origin 9.66). The proposed expansion would proposed expansion area is widely on wine labels and in wine increase the established viticultural recognized as part of the Russian River advertisements. Part 9 of the TTB area’s acreage by approximately 9 watershed, a key criterion cited in past regulations (27 CFR part 9) contains the percent, to 169,028 acres. The petitioner rulemaking documents regarding the list of approved viticultural areas. explains that approximately 550 acres of existing viticultural area. T.D. ATF–159 the proposed expansion area were states that the Russian River Valley Definition planted to grapes at the time of this viticultural area ‘‘includes those areas Section 4.25(e)(1)(i) of the TTB petition. The petitioner’s Two Rock through which flow the Russian River or regulations (27 CFR 4.25(e)(1)(i)) defines Ranch Vineyard, with 350 acres planted some of its tributaries * * *.’’ Moreover, a viticultural area for American wine as to grapes, lies near the southern end of the petitioner contends that before the a delimited grape-growing region the proposed expansion area. establishment of the current viticultural distinguishable by geographical The Russian River Valley viticultural area boundary, the proposed expansion features, the boundaries of which have area is located approximately 50 miles area was commonly considered part of been recognized and defined in part 9 north of San Francisco in central the Russian River Valley. of the regulations. These designations Sonoma County, California. The The petitioner includes several pieces allow vintners and consumers to viticultural area was originally of evidence showing the expansion attribute a given quality, reputation, or established by Treasury Decision (T.D.) area’s inclusion in the Russian River other characteristic of a wine made from ATF–159, published in the Federal watershed. A submitted map shows that grapes grown in an area to its Register (48 FR 48813) on October 21, almost all the proposed expansion area geographic origin. The establishment of 1983.