Federal Register/Vol. 85, No. 218/Tuesday, November 10, 2020
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71722 Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Proposed Rules DEPARTMENT OF THE TREASURY U.S.C. 205(e), authorizes the Secretary of the TTB regulations (27 CFR 9.12(c)) of the Treasury to prescribe regulations prescribes standards for petitions for Alcohol and Tobacco Tax and Trade for the labeling of wine, distilled spirits, modifying established AVAs. Petitions Bureau and malt beverages. The FAA Act to expand an established AVA must provides that these regulations should, include the following: 27 CFR Part 9 among other things, prohibit consumer • Evidence that the region within the [Docket No. TTB–2020–0013; Notice No. deception and the use of misleading proposed expansion area is nationally or 198] statements on labels and ensure that locally known by the name of the labels provide the consumer with established AVA; RIN 1513–AC62 adequate information as to the identity • An explanation of the basis for and quality of the product. The Alcohol defining the boundary of the proposed Proposed Expansion of the Clarksburg and Tobacco Tax and Trade Bureau expansion area; Viticultural Area (TTB) administers the FAA Act • A narrative description of the AGENCY: Alcohol and Tobacco Tax and pursuant to section 1111(d) of the features of the proposed expansion area Trade Bureau, Treasury. Homeland Security Act of 2002, affecting viticulture, including climate, ACTION: Notice of proposed rulemaking. codified at 6 U.S.C. 531(d). The geology, soils, physical features, and Secretary has delegated the functions elevation, that make the proposed SUMMARY: The Alcohol and Tobacco Tax and duties in the administration and expansion area similar to the and Trade Bureau (TTB) proposes to enforcement of these provisions to the established AVA and distinguish it from expand the approximately 64,640-acre TTB Administrator through Treasury adjacent areas outside the established ‘‘Clarksburg’’ viticultural area by Order 120–01, dated December 10, 2013 AVA boundary; • approximately 27,945 acres. The (superseding Treasury Order 120–01, The appropriate United States Clarksburg viticultural area is located in dated January 24, 2003). Geological Survey (USGS) map(s) Sacramento, Solano, and Yolo Counties, Part 4 of the TTB regulations (27 CFR showing the location of the proposed in California, and the proposed part 4) authorizes TTB to establish expansion area, with the boundary of expansion area is located in Sacramento definitive viticultural areas and regulate the proposed expansion area clearly and Solano Counties. The established the use of their names as appellations of drawn thereon; and Clarksburg viticultural area and the origin on wine labels and in wine • A detailed narrative description of proposed expansion area are not located advertisements. Part 9 of the TTB the proposed expansion area boundary within any established viticultural area. regulations (27 CFR part 9) sets forth based on USGS map markings. TTB designates viticultural areas to standards for the preparation and Petition To Expand the Clarksburg AVA allow vintners to better describe the submission of petitions for the origin of their wines and to allow establishment or modification of TTB received a petition from James consumers to better identify wines they American viticultural areas (AVAs) and Reamer of Reamer Farms vineyard, may purchase. TTB invites comments lists the approved AVAs. submitted on behalf of himself and on this proposed amendment to its other wine industry members, regulations. Definition proposing to expand the established ‘‘Clarksburg’’ AVA. The Clarksburg DATES: Comments must be received by Section 4.25(e)(1)(i) of the TTB AVA (27 CFR 9.95) was established by January 11, 2021. regulations (27 CFR 4.25(e)(1)(i)) defines a viticultural area for American wine as T.D. ATF–166, which published in the ADDRESSES: You may electronically a delimited grape-growing region having Federal Register on January 23, 1984 submit comments to TTB on this distinguishing features, as described in (49 FR 2758). The Clarksburg AVA proposal, and view copies of this part 9 of the regulations, and a name covers approximately 64,640 acres in document, its supporting materials, and Sacramento, Solano, and Yolo Counties any comments TTB receives on it within and a delineated boundary, as established in part 9 of the regulations. in California. The Clarksburg AVA and Docket No. TTB–2020–0013 as posted the proposed expansion area are not on Regulations.gov (https:// These designations allow vintners and located within any other AVA. www.regulations.gov), the Federal e- consumers to attribute a given quality, Although the established Clarksburg rulemaking portal. Please see the reputation, or other characteristic of a AVA does contain the established ‘‘Public Participation’’ section of this wine made from grapes grown in an area Merritt Island AVA (27 CFR 9.68), the document below for full details on how to the wine’s geographic origin. The proposed expansion area is not adjacent to comment on this proposal via establishment of AVAs allows vintners to the Merritt Island AVA and therefore Regulations.gov or U.S. mail and for full to describe more accurately the origin of would not affect the boundaries of that details on how to view or obtain copies their wines to consumers and helps AVA. The petition included a letter of this document, its supporting consumers to identify wines they may from the Clarksburg Winegrowers and materials, and any comments related to purchase. Establishment of an AVA is this proposal. neither an approval nor an endorsement Vintners Association supporting the by TTB of the wine produced in that proposed expansion. FOR FURTHER INFORMATION CONTACT: area. The proposed expansion area is Karen A. Thornton, Regulations and adjacent to the southern portion of the Rulings Division, Alcohol and Tobacco Requirements established AVA and entirely Tax and Trade Bureau, 1310 G Street Section 4.25(e)(2) of the TTB encompasses Grand Island and Ryer NW, Box 12, Washington, DC 20005; regulations (27 CFR 4.25(e)(2)) outlines Island, which together cover phone 202–453–1039, ext. 175. the procedure for proposing the approximately 27,945 acres. The SUPPLEMENTARY INFORMATION: establishment of an AVA and provides petitioner states that within the Background on Viticultural Areas that any interested party may petition proposed expansion area there are 350 TTB to establish a grape-growing region acres of grapevines on Grand Island and TTB Authority as an AVA. Petitioners may use the three vineyards on Ryer Island. Unless Section 105(e) of the Federal Alcohol same procedures to request changes otherwise noted, all information and Administration Act (FAA Act), 27 involving existing AVAs. Section 9.12(c) data pertaining to the proposed VerDate Sep<11>2014 18:17 Nov 09, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\10NOP2.SGM 10NOP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Proposed Rules 71723 expansion area contained in this which are within the proposed Soils document come from the petition and expansion area. T.D. ATF–166 describes the soils of its supporting exhibits. Boundary Evidence the Clarksburg AVA as poorly drained Name Evidence clay and clay loam soils. Little The established Clarksburg AVA is a information is given about the soils of The expansion petition provides roughly triangular region at the the surrounding regions except that evidence that the name ‘‘Clarksburg’’ is confluence of the Sacramento River and viticulture to the west of the AVA is used to describe a region larger than just the San Joaquin River. The lands within made impossible due to the the established Clarksburg AVA. For the Clarksburg AVA are mostly islands combination of soils and flooding, and example, the petition included surrounded by rivers and/or sloughs. that the soils to the south of the AVA information on three limousine tour The Sacramento River Deep Water Ship contain poorly drained organic and services offering tours of the Clarksburg Channel forms the majority of the mineral soils. region that each include at least one western boundary, while the eastern The expansion petition provides more location within the proposed expansion boundary is formed by Interstate 5, a detailed information about the soils of area. Baja Limo’s ‘‘Clarksburg Wine levee, and the Sacramento River. The the Clarksburg AVA and the Tour’’ offers a stop at the Grand Island southern boundary is formed by the surrounding regions. The expansion Vineyard’s winery, which is located Sacramento River, Steamboat Slough, petition states that the lands within the within the proposed expansion area on Miner Slough, and Sutter Slough. To the Clarksburg AVA and the proposed Grand Island.1 Limousine Service north of the Clarksburg AVA is the city expansion area readily fall into two Sacramento’s ‘‘Clarksburg Wine Testing of Sacramento, which is too heavily groups: The alluvial fan–basin group Tours’’ also offers a stop at the Grand urbanized for commercial viticulture. and the flood plain–basin–blackswamp Island Vineyard’s tasting room and Six The proposed expansion area is group. These landform groups Hands Winery.2 The Six Hands Winery adjacent to the southern boundary of the influenced the development of the soils is located on Andrus Island, which is Clarksburg AVA and consists of Ryer in the AVA. The alluvial fan–basin adjacent to the eastern boundary of the Island and Grand Island. The proposed group lands are found mostly in the proposed expansion area but outside of boundary expansion would begin on the western portion of the Clarksburg AVA. the established AVA. Although the current boundary at the intersection of Common soils found in these lands winery is not within the established Miner Slough and the levee connecting include the Lang, Laugenour, Maria, AVA or the proposed expansion area, its the slough to the Sacramento River Deep Merritt, Sycamore, Tyndall, and Valdez inclusion on the tour offers evidence Water Ship Channel.