Proposed Rules Federal Register Vol

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 San Francisco Bay viticultural area and malt beverages. The FAA Act • Evidence relating to the in northern California. 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. San Francisco Bay 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 VerDate Aug<31>2005 14:17 Dec 04, 2006 Jkt 211001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1 ycherry on PROD1PC64 with PROPOSALS Federal Register / Vol. 71, No. 233 / Tuesday, December 5, 2006 / Proposed Rules 70473 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 San Francisco Bay area 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.

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