70472

Proposed Rules Federal Register Vol. 71, No. 233

Tuesday, December 5, 2006

This section of the FEDERAL REGISTER Information Resource Center, 1310 G describe more accurately the origin of contains notices to the public of the proposed Street, NW., Washington, DC 20220. To their wines to consumers and helps issuance of rules and regulations. The make an appointment, call 202–927– consumers to identify wines they may purpose of these notices is to give interested 2400. You may also access copies of the purchase. Establishment of a viticultural persons an opportunity to participate in the notice and comments online at http:// area is neither an approval nor an rule making prior to the adoption of the final rules. www.ttb.gov/wine/ endorsement by TTB of the wine wine_rulemaking.shtml. produced in that area. See the Public Participation section of Requirements DEPARTMENT OF THE TREASURY this notice for specific instructions and requirements for submitting comments, Section 4.25(e)(2) of the TTB Alcohol and Tobacco Tax and Trade and for information on how to request regulations outlines the procedure for Bureau a public hearing. proposing an American viticultural area FOR FURTHER INFORMATION CONTACT: N.A. and provides that any interested party 27 CFR Part 9 Sutton, Regulations and Rulings may petition TTB to establish a grape- Division, Alcohol and Tobacco Tax and growing region as a viticultural area. [Notice No. 70] Trade Bureau, 925 Lakeville St., No. Petitioners may use the same procedure RIN 1513–AB21 158, Petaluma, California 94952; to request changes involving existing telephone 415–271–1254. viticultural areas. Section 9.3(b) of the Proposed Expansion of the San SUPPLEMENTARY INFORMATION TTB regulations requires the petition to Francisco Bay Viticultural Area include— • (2005R–413P) Background on Viticultural Areas Evidence that the proposed TTB Authority viticultural area is locally and/or AGENCY: Alcohol and Tobacco Tax and nationally known by the name specified Trade Bureau, Treasury. Section 105(e) of the Federal Alcohol in the petition; • ACTION: Notice of proposed rulemaking. Administration Act (FAA Act), 27 Historical or current evidence that U.S.C. 205(e), authorizes the Secretary supports setting the boundary of the SUMMARY: The Alcohol and Tobacco Tax of the Treasury to prescribe regulations proposed viticultural area as the and Trade Bureau proposes to expand for the labeling of wine, distilled spirits, petition specifies; the Bay viticultural area and malt beverages. The FAA Act • Evidence relating to the in . The proposed provides that these regulations should, geographical features, such as climate, expansion would add 88 square miles to among other things, prohibit consumer soils, elevation, and physical features, the viticultural area to its north in deception and the use of misleading that distinguish the proposed Solano County, California. We designate statements on labels, and ensure that viticultural area from surrounding areas; viticultural areas to allow vintners to labels provide the consumer with • A description of the specific better describe the origin of their wines adequate information as to the identity boundary of the proposed viticultural and to allow consumers to better and quality of the product. The Alcohol area, based on features found on United identify wines they may purchase. We and Tobacco Tax and Trade Bureau States Geological Survey (USGS) maps; invite comments on this proposed (TTB) administers the regulations and viticultural area expansion. promulgated under the FAA Act. • A copy of the appropriate USGS DATES: We must receive written Part 4 of the TTB regulations (27 CFR map(s) with the proposed viticultural comments on or before February 5, part 4) allows the establishment of area’s boundary prominently marked. definitive viticultural areas and the use 2007. and Central Coast of their names as appellations of origin Expansion Petition ADDRESSES: You may send comments to on wine labels and in wine any of the following addresses: advertisements. Part 9 of the TTB Hestan Vineyards, LLC, of Vallejo, • Director, Regulations and Rulings regulations (27 CFR part 9) contains the California, represented by Holland and Division, Alcohol and Tobacco Tax and list of approved viticultural areas. Knight LLP of San Francisco, California, Trade Bureau, Attn: Notice No. 70, P.O. submitted a petition for an 88-square- Box 14412, Washington, DC 20044– Definition mile boundary expansion that includes 4412. Section 4.25(e)(1)(i) of the TTB portions of Solano County to the north • 202–927–8525 (facsimile). regulations (27 CFR 4.25(e)(1)(i)) defines of the Carquinez Strait, and would • [email protected] (e-mail). a viticultural area for American wine as apply to both the established San • http://www.ttb.gov/wine/ a delimited grape-growing region Francisco Bay viticultural area (27 CFR wine_rulemaking.shtml. An online distinguishable by geographical 9.157) and the established Central Coast comment form is posted with this notice features, the boundaries of which have viticultural area (27 CFR 9.75). After on our Web site. been recognized and defined in part 9 reviewing the petition, TTB determined • http://www.regulations.gov (Federal of the regulations. These designations that the evidence submitted in support e-rulemaking portal; follow instructions allow vintners and consumers to of the proposed expansion of the San for submitting comments). attribute a given quality, reputation, or Francisco Bay viticultural area merits You may view copies of this notice, other characteristic of a wine made from rulemaking action. On the other hand, the petition, the appropriate maps, and grapes grown in an area to its for the reasons outlined below, TTB also any comments we receive about this geographical origin. The establishment determined that there was not sufficient proposal by appointment at the TTB of viticultural areas allows vintners to documentation to proceed with

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rulemaking for the proposed Central San Francisco Bay Expansion Petition thousands of passengers each week from Coast viticultural area expansion. Evidence Solano County to the City of San Accordingly, TTB notified the petitioner The petitioner submitted the Francisco and back. In 1987, the State of California of these determinations, and the following information in support of the legislature passed a bill establishing the petitioner agreed to proceed with only expansion of the San Francisco Bay ‘‘San Francisco Bay Trail,’’ as noted on the San Francisco Bay viticultural area viticultural area. page 160 of San Francisco Bay: Portrait expansion portion of the petition. The is a of an Estuary, by John Hart, and loosely bound region that includes other Central Coast Viticultural Area published by the University of bodies of water, including San Pablo Expansion California Press in 2003. Mr. Hart states Bay, the Carquinez Strait, and Suisun that this trail system includes the The petitioner stated in the petition: Bay, the petition explains. USGS maps Vallejo area of Solano County, which ‘‘Since the Central Coast AVA now of the region show that San Francisco the petition notes is a part of the includes the San Francisco Bay AVA, it Bay joins San Pablo Bay to its north. proposed San Francisco Bay viticultural would stand to reason that a county in Also, the Carquinez Strait connects the area expansion. the San Francisco Bay Area that San Pablo Bay on the west with Suisun encompasses all of the attributes of the Bay on the east. Boundary Evidence other counties included in the San The petition states that the proposed The proposed San Francisco Bay Francisco Bay AVA (i.e., coastal climate, expansion of the San Francisco Bay viticultural area expansion area geology, etc.), should also be included viticultural area, which is located comprises an 88-square-mile area that in the Central Coast AVA.’’ (TTB notes adjacent to the north shores of San lies northeast of the City of San that the petitioner’s use of the ‘‘San Pablo Bay and the Carquinez Strait, is Francisco and San Francisco Bay, the Francisco Bay Area’’ name reflects a an area historically, economically, and petition explains. The proposed larger geographical region than that socially considered to be a part of the boundary line of the expansion area included in the established San San Francisco Bay region. With the includes portions of San Pablo Bay’s Francisco Bay viticultural area.) The exception of the 4,480 acres, or 7 square shoreline, the Solano and Napa expansive geographical boundaries of miles, of the Carquinez Strait waterway, Counties boundary line, a railroad track, the established Central Coast the petition explains, the entire and an interstate highway. viticultural area include a large region proposed expansion area is on land in The proposed expansion area’s of California between the Pacific Ocean western Solano County. northern boundary line follows the coastline to the west, the foothill A previous expansion of the San dividing line between Napa and Solano elevations of the Coast Range to the east, Francisco Bay viticultural area was Counties and the Southern Pacific Point Conception to the south, and the published in the Federal Register on railroad track between Creston and Carquinez Strait to the north. June 15, 2006, at 71 FR 34522. That Cordelia, as found on the USGS Cuttings TTB identified several concerns expansion, effective July 17, increased Wharf and Cordelia maps. (TTB notes related to the lack of name association the viticultural area by about 20,000 that the proposed expansion area and the geographical boundaries acres to the east in Alameda and Contra boundary line coincides with various between the San Francisco Bay area and Costa Counties. portions of the established boundaries Central Coast viticultural areas, as Name Evidence for the North Coast, Napa Valley (27 discussed below. CFR 9.23), and Solano County Green A number of Government agencies Valley (27 CFR 9.44) viticultural areas.) The petition lacked adequate name and interest groups provide services to documentation to identify the proposed the nine counties in the recognized San Distinguishing Features expansion area as part of the Central Francisco Bay area, including the David G. Howell, PhD, Geologist at Coast viticultural area. The petitioner proposed expansion area in Solano Stanford University in Palo Alto, relied on the Central Coast viticultural County, as documented in the petition. California, Deborah Harden, PhD, area boundary line encumbrance of the Also, the Bay Area Council’s Web site Geologist at San Jose State University, San Francisco Bay viticultural area, as of April 12, 2005, lists its nine San Jose, California, and Robert without providing adequate, counties, which include Solano, San Bornstein, PhD, Meteorologist at San independent documentation to Francisco, San Mateo, Santa Clara, Jose State University, San Jose, substantiate the ‘‘Central Coast’’ name Alameda, Contra Costa, Napa, Sonoma, California, combined efforts to provide usage in the proposed Solano County and Marin, according to the petition. petition evidence and documentation expansion area. Other government agencies and interest substantiating the northerly expansion Consumer confusion could result if groups using the same nine-county San of the San Francisco Bay viticultural the Central Coast viticultural area Francisco Bay area parameter include area. The petition addresses the boundary line were expanded to include the Association of Bay Area commonality of distinguishing features an area north of the San Francisco and Governments, Bay Area Water Transit shared by the established San Francisco San Pablo Bays. The North Coast Authority, Bay Area Marketing Bay viticultural area and the proposed viticultural area (27 CFR 9.30) includes Partnership, and Bay Area Economic northern expansion area. a portion of the San Pablo Bay west and Forum. Evidence of this usage was north shoreline. Based on petition submitted with the petition. Geology information and USGS maps, San Pablo The City of Vallejo, in southwest The petition explains the similarity of Bay, which adjoins San Francisco Bay to Solano County and within the proposed geology, as a distinguishing feature, its south, provides a geographically San Francisco Bay expansion boundary, between the northern portion of the San defining landmark between the serves as a key ferry transportation hub Francisco Bay viticultural area and the established viticultural areas known as into the City of San Francisco, the proposed viticultural area expansion ‘‘Central Coast,’’ to the east and south, petition documents. The Vallejo ferry into Solano County. The Franklin Ridge and ‘‘North Coast,’’ to the north and system, as explained on the Bay Area landform of Contra Costa County, west. Water Transit authority Web site, carries located in the northmost portion of the

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established San Francisco Bay San Pablo Bay at the bay’s southeast air, which is a significant distinguishing viticultural area, according to the corner, according to USGS maps, and climatic characteristic of the San petition, continues northward into the receives the same marine air that cools Francisco Bay viticultural area and proposed expansion area of Solano the San Francisco and San Pablo Bays, region, is also significant in the County. Franklin Ridge becomes known the petitioner explains. proposed expansion area, according to as Sulphur Mountain Ridge in Solano The Carquinez Strait funnels the the petition. County, with the two ridges geologically marine air to both the north and south Boundary Description joining beneath the Carquinez Strait, the sides of its shoreline, according to the petition states. petition. (TTB notes that the current San See the narrative boundary The north-south linkage between the Francisco Bay viticultural area’s description of the petitioned-for established and proposed portions of northern boundary line extends along viticultural area expansion in the the San Francisco Bay viticultural area the south shoreline of the Carquinez proposed regulatory text amendment relies on the continuity of the Strait, following the Contra Costa published at the end of this notice. underlying geology, the petition states. County northern boundary line to BM Maps The bedrock formations, earthquake 15 on the Honker Bay USGS map.) The faults, landforms, and soils of northern proposed expansion area extends The petitioner provided the required San Francisco Bay viticultural area, northward to include all the Carquinez maps, which are listed below in the according to the petition, continue north Strait and portions of Solano County, proposed regulatory text amendment. into the proposed expansion area of according to the written boundary Impact on Current Wine Labels description and maps provided with the Solano County. The proposed expansion of the San The petition identifies the geological petition. Francisco Bay viticultural area will not bedrock core of the proposed expansion The current expansion petition affect currently approved wine labels. area as Cretaceous sandstone and shale. provides evidence and documentation The approval of this proposed This body of rock, the petition explains, of the marine airflow, and its cooling expansion may allow additional extends northward from the Mount effect, traveling north and east from the vintners to use ‘‘San Francisco Bay’’ as Diablo region in Contra Costa County Golden Gate, through the San Francisco an appellation of origin on their wine into the proposed expansion area that Bay, San Pablo Bay, and Carquinez labels. Part 4 of the TTB regulations includes parts of Solano County. Strait, into the proposed inland expansion area. Although the proposed prohibits any label reference on a wine Soil expansion area was not included in the that indicates or implies an origin other The two general categories of soils in original San Francisco Bay AVA than the wine’s true place of origin. For the proposed expansion area are those petition, since the filing of the original a wine to be labeled with a viticultural formed in salt marshes and those petition, additional observation sites area name or with a brand name that formed in sandstone over shale bedrock have become available that provide a includes a viticultural area name or on uplands, as described in the Soil more detailed analysis of the air flow other term identified as viticulturally Survey of Solano County, California, patterns in and around the Carquinez significant in part 9 of the TTB issued by the U.S. Department of Strait. Figures obtained from a new regulations, at least 85 percent of the Agriculture in 1977. observation site that show the typical wine must be derived from grapes The Solano County general soil map summer afternoon flow pattern on both grown within the area represented by documents that soils in salt marshes sides of the Carquinez Strait clearly that name or other term, and the wine predominate in areas at a low elevation show that the Carquinez Strait is not the must meet the other conditions listed in south of Vallejo. Also, the map shows northern boundary of the influence of 27 CFR 4.25(e)(3). Different rules apply that some of the soils in the the marine air that has entered through if a wine has a brand name containing predominant Joice, Reyes, Suisun, and the Golden Gate Gap. a viticultural area name or other Tamba soil series are mucks or peaty The California Air Resources Board viticulturally significant term that was mucks. maps, submitted with the petition, show used as a brand name on a label The soils on uplands in Solano that the marine influence extends both approved before July 7, 1986. See 27 County are common to other parts of the north and south of the Carquinez Strait. CFR 4.39(i)(2) for details. San Francisco Bay viticultural area, A San Francisco Bay Air Quality Public Participation including areas of Alameda and Santa Management District map shows air Clara Counties, the petition explains. flow through the Carquinez Strait on Comments Invited The most prevalent soils on uplands are July 31, 2000, a typical summer day. We invite comments from interested in the Dibble and Los Osos series, and The airflow pattern through the members of the public on whether we are moderately deep soils formed in Carquinez Strait brings the marine should expand the established San weathered sandstone and shale under influence to the north, east, and south Francisco Bay viticultural area as climatic conditions of seasonal soil of the waterway, according to the map. proposed. moisture. The Altamont, Gaviota, and Another computerized map of the air The currently proposed expansion Millsholm series are also on uplands, flow, also documented on July 31, 2000, area, TTB notes and petition-provided according to the petitioner; the Rincon shows the marine air entering San USGS maps confirm, lies in an area of series are on alluvial fans. Francisco Bay through the Golden Gate southern Solano County, outside of the Gap, then traveling through San Pablo North Coast viticultural area boundary Climate Bay, and continuing east through the line. The proposed expansion area lies The eastward and inland movement Carquinez Strait, north into Suisun Bay, between the boundary lines of the North of marine air through the Golden Gate and south into the Livermore Valley. Coast and Central Coast viticultural Gap, the petition explains, dominates The information submitted with the areas. the climate of the land areas adjacent to petition concludes that the Carquinez In addition to receiving comments on San Francisco Bay and San Pablo Bay Strait should not be considered the the issues described above, we are and within the established viticultural northernmost boundary of the San interested in comments on the area boundaries. Carquinez Strait joins Francisco Bay viticultural area. Marine sufficiency and accuracy of the name,

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boundary, and other required any comments we receive by Subpart C—Approved American information submitted in support of the appointment at the TTB Information Viticultural Areas petition. Resource Center at 1310 G Street, NW., Please provide any available specific Washington, DC 20220. You may also 2. Section 9.157 is amended by information in support of your obtain copies at 20 cents per 8.5– × 11- revising the introductory text of comments. inch page. Contact our information paragraph (b), removing the word ‘‘and’’ at the end of paragraph (b)(42), Submitting Comments specialist at the above address or by telephone at 202–927–2400 to schedule replacing the period with a semicolon at Submit your comments by the closing an appointment or to request copies of the end of paragraph (b)(43), adding date shown above in this notice. Your comments. new paragraphs (b)(44) through (b)(47), comments must include this notice We will post this notice and any revising the introductory text of number and your name and mailing comments we receive on this proposal paragraph (c) and paragraph (c)(24), address. Your comments must be legible on the TTB Web site. All name and redesignating paragraphs (c)(25) through and written in language acceptable for address information submitted with (c)(38) as (c)(31) through (c)(44), and public disclosure. We do not comments will be posted, including e- adding new paragraphs (c)(25) through acknowledge receipt of comments, and mail addresses. We may omit (c)(30), to read as follows: we consider all comments as originals. voluminous attachments or material that § 9.157 San Francisco Bay. You may submit comments in one of we consider unsuitable for posting. In * * * * * five ways: all cases, the full comment will be • Mail: You may send written available in the TTB Information (b) Approved Maps. The appropriate comments to TTB at the address listed Resource Center. To access the online maps for determining the boundary of in the ADDRESSES section. copy of this notice and the submitted the San Francisco Bay viticultural area • Facsimile: You may submit are 47 1:24,000 Scale USGS topographic comments by facsimile transmission to comments, visit http://www.ttb.gov/ wine/wine_rulemaking.shtml. Select the maps. They are titled: 202–927–8525. Faxed comments must— * * * * * (1) Be on 8.5- by 11-inch paper; ‘‘View Comments’’ link under this (44) Cuttings Wharf, Calif.; 1949; (2) Contain a legible, written notice number to view the posted Photorevised 1981; signature; and comments. (45) Sears Point, Calif.; 1951; (3) Be no more than five pages long. Regulatory Flexibility Act This limitation assures electronic access Photorevised 1968; to our equipment. We will not accept We certify that this proposed (46) Cordelia, Calif.; 1951; faxed comments that exceed five pages. regulatory amendment, if adopted, Photorevised 1980; and • E-mail: You may e-mail comments would not have a significant economic (47) Fairfield South, Calif., 1949; to [email protected]. Comments transmitted impact on a substantial number of small Photorevised 1980. by electronic mail must— entities. The proposed amendment (c) Boundary. The San Francisco Bay (1) Contain your e-mail address; imposes no new reporting, viticultural area is located mainly (2) Reference this notice number on recordkeeping, or other administrative within five counties, San Francisco, San the subject line; and requirement. Any benefit derived from Mateo, Santa Clara, Alameda, and (3) Be legible when printed on 8.5- by the use of a viticultural area name Contra Costa, which border the San 11-inch paper. would be the result of a proprietor’s Francisco Bay. The area also includes • Online form: We provide a efforts and consumer acceptance of portions of three other counties, Solano, comment form with the online copy of wines from that area. Therefore, no Santa Cruz, and San Benito, which are this notice on our Web site at http:// regulatory flexibility analysis is in the general vicinity of the greater San www.ttb.gov/wine/ required. Francisco Bay metropolitan area. The wine_rulemaking.shtml. Select the boundary of the San Francisco Bay Executive Order 12866 ‘‘Send comments via e-mail’’ link under viticultural area is as described below. this notice number. This proposed rule is not a significant * * * * * • Federal e-Rulemaking Portal: To regulatory action as defined by (24) Then proceed west-southwest submit comments to us via the Federal Executive Order 12866, 58 FR 51735. along the south shoreline of the Suisun e-rulemaking portal, visit http:// Therefore, it requires no regulatory Bay and the Carquinez Strait to its www.regulations.gov and follow the assessment. intersection with Interstate 680 at the instructions for submitting comments. Benicia-Martinez Bridge and BM 66, You may also write to the Drafting Information T3N/R2W, on the Vine Hill Quadrangle. Administrator before the comment N.A. Sutton of the Regulations and (25) Then proceed generally north closing date to ask for a public hearing. Rulings Division drafted this notice. The Administrator reserves the right to following Interstate 680, crossing over determine whether to hold a public List of Subjects in 27 CFR Part 9 and back on the Benicia Quadrangle hearing. Wine. map and continuing over the Fairfield South Quadrangle map, to its Confidentiality Proposed Regulatory Amendment intersection with the Southern Pacific All submitted material is part of the For the reasons discussed in the railroad track at Cordelia, Section 12, public record and subject to disclosure. preamble, we propose to amend 27 CFR, T4N/R3W, on the Cordelia Quadrangle Do not enclose any material in your chapter 1, part 9, as follows: map. comments that you consider (26) Then proceed generally west confidential or inappropriate for public PART 9—AMERICAN VITICULTURAL along the Southern Pacific railroad track disclosure. AREAS to its intersection with the Napa and Solano Counties boundary line in Public Disclosure 1. The authority citation for part 9 Jameson Canyon at Creston, Section 9, You may view copies of this notice, continues to read as follows: T4N/R3W, on the Cordelia Quadrangle the petition, the appropriate maps, and Authority: 27 U.S.C. 205. map.

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(27) Then proceed generally south- DATES: Written comments on Notice No. proposed regulatory changes on the southeast, followed by straight west 65 must now be received on or before industry and to evaluate the analytical along the Napa and Solano Counties March 26, 2007. method TTB used to measure total boundary line; continue straight west, ADDRESSES: You may send comments to reducing sugars. Third, CAA notes that crossing over the Cuttings Wharf any of the following addresses— the December 26, 2006, deadline for Quadrangle map, to its intersection with • Director, Regulations and Rulings comments falls over two major holidays, the east shoreline of Sonoma Creek Division, Alcohol and Tobacco Tax and which will hinder its ability to collect slough, which coincides with the Trade Bureau, Attn: Notice No. 65, P.O. data and comments from its members. Highway 37 bridge on the Solano Box 14412, Washington, DC 20044– In response to this request, TTB County side of the creek, T4N/R5W, on 4412. extends the comment period for Notice the Sears Point Quadrangle. • 202–927–8525 (facsimile). No. 65 for an additional 90 days. (28) Then proceed generally southeast • [email protected] (e-mail). Therefore, comments on Notice No. 65 along the north and east shorelines of • http://www.ttb.gov/ are now due on or before March 26, San Pablo Bay, also known as the San regulations_laws/all_rulemaking.shtml. 2007. Pablo Bay National Wildlife Refuge, An online comment form is posted with Dated: November 21, 2006. this notice on our Web site. crossing over the Cuttings Wharf John J. Manfreda, Quadrangle map, to its intersection with • http://www.regulations.gov. Federal Administrator. the Breakwater line, located within the e-rulemaking portal; follow instructions Vallejo City boundaries and 0.7 mile for submitting comments. [FR Doc. E6–20506 Filed 12–4–06; 8:45 am] west-southwest of the beacon, T3N/ You may view copies of this BILLING CODE 4810–31–P R4W, on the Mare Island Quadrangle. extension notice, Notice No. 65, and any (29) Then proceed 1.2 miles straight comments we receive by appointment at south-southwest to its intersection with the TTB Information Resource Center, ENVIRONMENTAL PROTECTION the San Pablo Bay shoreline at BM 14, 1310 G Street, NW., Washington, DC AGENCY west of Davis Point, T3N/R4W, on the 20220. To make an appointment, call Mare Island Quadrangle. 202–927–2400. You may also access 40 CFR Parts 52 and 70 (30) Then proceed generally south copies of this extension notice, Notice [EPA–R07–OAR–2006–0900; FRL–8250–6] along the contiguous eastern shorelines No. 65, and the related comments online of San Pablo Bay and San Francisco at http://www.ttb.gov/regulations_laws/ Approval and Promulgation of Bay, crossing over the Richmond and all_rulemaking.shtml. Implementation Plans and Operating San Quentin Quadrangle maps, to its FOR FURTHER INFORMATION CONTACT: Permits Program; State of Missouri intersection with the San Francisco/ Linda Wade Chapman, Regulations and AGENCY: Environmental Protection Oakland Bay Bridge on the Oakland Rulings Division, Alcohol and Tobacco West Quadrangle. Agency (EPA). Tax and Trade Bureau, 1310 G Street, ACTION: Proposed rule. * * * * * NW., Suite 200–E, Washington, DC Dated: November 28, 2006. 20220; telephone 202–927–8210; or e- SUMMARY: EPA proposes to approve the John J. Manfreda, mail [email protected]. State Implementation Plan (SIP) and Administrator. SUPPLEMENTARY INFORMATION: On operating permits program revision [FR Doc. E6–20504 Filed 12–4–06; 8:45 am] October 25, 2006, the Alcohol and submitted by the State of Missouri to update the ambient air quality BILLING CODE 4810–31–P Tobacco Tax and Trade Bureau (TTB) published Notice No. 65, Tax standards, sampling methods, Classification of Cigars and Cigarettes, definitions, and common reference DEPARTMENT OF THE TREASURY in the Federal Register (71 FR 62506). methods and tables. The update also In that notice of proposed rulemaking, includes references to implement the 8- Alcohol and Tobacco Tax and Trade TTB requested public comment on hour ozone and PM2.5 National Ambient Bureau proposed amendments to our Air Quality Standards that were regulations regarding the classification finalized on July 18, 1997. 27 CFR Parts 40, 41, 44, and 45 of cigars and cigarettes for Federal DATES: Comments on this proposed [Notice No. 69; Re: Notice No. 65] excise tax purposes. As originally action must be received in writing by published, the comment period for January 4, 2007. RIN 1513–AB34 Notice No. 65, was scheduled to close ADDRESSES: Submit your comments, on December 26, 2006. identified by Docket ID No. EPA–R07– Tax Classification of Cigars and After publication of Notice No. 65, OAR–2006–0900 by one of the following Cigarettes TTB received a request from the Cigar methods: AGENCY: Alcohol and Tobacco Tax and Association of America, Inc. (CAA) to 1. http://www.regulations.gov: Follow Trade Bureau, Treasury. extend the comment period for Notice the on-line instructions for submitting ACTION: Notice of proposed rulemaking; No. 65 for 90 days beyond the December comments. extension of comment period. 26, 2006, closing date. In its letter to 2. E-mail: [email protected]. TTB, CAA lists three reasons for the 3. Mail: Amy Algoe-Eakin, SUMMARY: In response to an industry extension request. First, CAA notes that Environmental Protection Agency, Air member request, the Alcohol and Notice No. 65 raises numerous complex Planning and Development Branch, 901 Tobacco Tax and Trade Bureau extends and important issues relating to the tax North 5th Street, Kansas City, Kansas the comment period for Notice No. 65, classification of cigars and cigarettes 66101. Tax Classification of Cigars and and the proposed method for measuring 4. Hand Delivery or Courier. Deliver Cigarettes, a notice of proposed total reducing sugars. Second, CAA your comments to: Amy Algoe-Eakin, rulemaking published in the Federal states that it requires additional time to Environmental Protection Agency, Air Register on October 25, 2006, for an coordinate with its domestic and foreign Planning and Development Branch, 901 additional 90 days. members to consider the impact of the North 5th Street, Kansas City, Kansas

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