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 , 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

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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. Instead of series. Egbert, Omni, Sacramento, and that the region known as ‘‘Clarksburg’’ continuing east along Miner Slough to Willows soils are also present. The extends beyond the boundaries of the Steamboat Slough, as the current eastern portion of the Clarksburg AVA Clarksburg AVA. Finally, Exotic boundary does, the proposed boundary is characterized by flood plain–basin– Limousine’s ‘‘Concord–Clarksburg Wine expansion would proceed south along blackswamp landforms. Soils commonly Tour’’ travels from ‘‘Concord and the Miner Slough to its confluence with found in this region include the East Bay area to [the] Clarksburg Cache Slough. The proposed boundary Columbia, Consumnes, Lang, appellation,’’ which includes ‘‘some of would then proceed south along the Laugenour, Sailboat, and Valpac series, the very best wedding venues like the Cache Slough to its confluence with the as well as Clear Lake, Dierssen, and Grand Island Mansion.’’ 3 TTB notes Sacramento River and then east- Tinnin soils. that the Grand Island Mansion is a northeasterly along the Sacramento The proposed expansion area contains historic site located within the proposed River to its intersection with the Delta both flood plain–basin–blackswamp AVA expansion area. Cross Channel and the Southern Pacific landforms and alluvial fan–basin landforms. Grand Island, in the eastern Other examples of the use of the name Railroad near Walnut Grove. At this point, the proposed expansion area portion of the proposed expansion area, ‘‘Clarksburg’’ to describe the proposed consists mostly of flood plain–basin– expansion area includes a vacation boundary would rejoin the current Clarksburg AVA boundary. blackswamp landforms. Soils found in rental listing. This listing is for a both Grand Island and the Clarksburg property on Grand Island, which is To the west of both the AVA and the AVA include the Consumnes, Egbert, within the proposed expansion area, proposed expansion area is the Yolo Laugenour, and Sailboat series. Ryer and is listed under the general heading Bypass that diverts floodwaters away Island, in the western portion of the of ‘‘Clarksburg.’’ 4 Grand Island from the city of Sacramento. Because of proposed expansion area, contains Vineyards, which is within the its frequent flooding, the petition states alluvial fan–basin landforms. Soils of proposed expansion area, is included in that this region is suitable only for the Egbert, Sacramento, and Valdez a list of Clarksburg wineries on the wildlife habitat and summer annual series are found in both the Clarksburg American Winery Guide website.5 crops. To the east of the Clarksburg AVA and Ryer Island. Finally, a map created by the Clarksburg AVA and the proposed expansion area The expansion petition states that all Wine Growers and Vintners Association is the Central Valley. To the south of the of the soils of the Clarksburg AVA and titled ‘‘Clarksburg Appellation Wine proposed expansion area are Andrus the proposed expansion area share Country’’ shows the established AVA as Island and Brennan Island, both of several characteristics, including low-to- well as Grand Island and Ryer Island, which have a persistently high water moderate levels of organic material, table that makes the potential for poor to somewhat-poor drainage, and a 1 www.bajalimo.net/clarksburg-wine-tours. vineyards unlikely. combination of silt, clay, sand, and 2 www.limoservicesacramento.com/clarksburg- Distinguishing Features loam. Because of the poor drainage wine-tasting-tours. quality of the soils in both the proposed 3 _ www.limoserviceconcord.com/Concord expansion area and the Clarksburg AVA, clarksburg_wine_tour.php. The petition states that the soils, 4 www.vrbo.com/1311885. climate, and topography of the proposed a well-placed and maintained system of 5 www.americanwineryguide.com/regions/ expansion area are similar to those of ditches and canals is necessary, as are clarksburg-ava-wineries. the established Clarksburg AVA. tile drains in some locations. The

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drainage systems lower the water table Climate growing seasons from 2013 to 2017, the and allow the vineyard root zones to Ryer Island location received a total of T.D. ATF–166 included precipitation become better aerated. As a result, a 2.5 inches of rain, while the Clarksburg as a distinguishing feature of the better environment is created for the AVA location received 3.1 inches. Clarksburg AVA, stating that the AVA bottom of the vine trunks and the major However, the proposed expansion roots that originate for them. The received an average of 16 inches of rain annually. The regions to the north and petition did not include growing season petition states that ridges in the vine rainfall amounts from the surrounding rows called berms also allow for better east were described as having higher annual rainfall amounts, while the regions for comparison, so TTB is drainage and are common features in unable to determine if the growing both the AVA and the proposed regions to the south and west had lower annual amounts. T.D. ATF–166 also season rainfall amounts within the expansion area. Additionally, vineyard proposed expansion area are more owners often use rootstocks with briefly discussed temperature, noting that Sacramento, which is north of the similar to those of the Clarksburg AVA greater-than-average tolerances of wet than to those of the surrounding regions. soils in order to limit the risk of Clarksburg AVA, is generally 8 to 10 significant root dieback and root degrees warmer than the AVA in the The expansion petition also provides diseases. summer. more detailed information on None of the alluvial fan–basin The proposed expansion petition temperatures in the region than what landform soils found in the proposed includes information about the average was included in T.D. ATF–166. The expansion area and the Clarksburg AVA annual rainfall amounts of the information on the growing season are found in the regions to the east and Clarksburg AVA and the surrounding mean, maximum, and minimum south. These regions also contain a type regions, which suggest that the temperatures from within the of marshland soil called Rindge mucky Clarksburg AVA receives less rainfall Clarksburg AVA and the proposed silt loam, which is not found in either annually than the surrounding regions. expansion area is included in the the Clarksburg AVA or the proposed However, the petition did not include following table, and suggests that the expansion area. Furthermore, the soils annual average rainfall amounts from climate of the proposed expansion area to the east and south contain greater within the proposed expansion area for is similar to that of the Clarksburg AVA. concentrations of organic matter. To the comparison. The proposed expansion The petition states that temperature west of the proposed expansion area petition did include the growing season within the Clarksburg AVA and the and the Clarksburg AVA, the common rainfall amounts 6 for a location on Ryer proposed expansion area are suitable for soils include the Capay and Pescadero Island, within the proposed expansion growing a variety of wine grapes, series, which are not found in either the area, and from within the Clarksburg including Pinot Noir, , and proposed expansion area or the AVA. AVA. The data shows that during the .

TABLE—GROWING SEASON TEMPERATURE AVERAGES IN DEGREES FAHRENHEIT

Location Mean Maximum Minimum

Within Clarksburg AVA

Clarksburg 7 ...... 67.7 85.8 52.3

Lake Winchester 8 ...... 67.8 85.0 53.2

Within Proposed Expansion Area

Ryer Island 9 ...... 68.7 85.1 53.3

Grand Island 10 ...... 67.8 83.7 53.4

The expansion petition also includes area. However, the other data in the Additionally, the Clarksburg location graphs showing the average growing petition demonstrates that the proposed had a lower growing season maximum season mean, minimum, and maximum expansion area has temperatures similar temperature than all but two of the temperatures gathered from the Western to the Clarksburg AVA. Therefore, TTB locations and a lower average growing Regional Climate Center 11 for a weather believes that the Clarksburg location season minimum temperature than all station location within the Clarksburg used in the graphs is an acceptable but three of the locations. Most notably, AVA and 10 weather station locations in stand-in for the proposed expansion the temperatures for the Clarksburg the surrounding regions. For each area for the purpose of comparison to location were all lower than the location, the data was collected from a the surrounding regions. temperatures for the two Sacramento minimum of 38 years, which provides a The graphs show that the location weather stations, supporting the claim broad picture of the climate of the within the Clarksburg AVA had the in T.D. ATF–166 that temperatures in region.12 The graphs do not include data lowest growing season mean the Clarksburg AVA are typically lower from within the proposed expansion temperature of all the locations.

6 The growing season is defined as April 1 9 Data source: Lodi Winegrape Commission via 12 For a listing of all weather station locations and through October 31. Western Weather Group, 2013–2017. https:// the period of record for each, see Exhibit 9 of the 7 Data source: Lodi Winegrape Commission via lodi.westernweathergroup.com. expansion petition in Docket TTB–2020–0013 at Western Weather Group, 2013–2017. https:// 10 Data source: Private weather station at Rio www.regulations.gov. lodi.westernweathergroup.com. Viento Vineyard, 2012–2014, and Ranch Systems, 8 Data source: Private weather station at Reamer 2016–2017. Farms, 2012–2014, and Ranch Systems, 2016–2017. 11 www.wrcc.dri.edu.

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than those in Sacramento to the north of functional root zones are very shallow, derived from grapes grown within the the AVA. and the potential for viticulture in these area represented by that name, and the regions is feasible but limited. wine must meet the other conditions Topography Although topography was not listed in § 4.25(e)(3) of the TTB T.D. ATF–166, which established the considered to be a distinguishing feature regulations (27 CFR 4.25(e)(3)). If the Clarksburg AVA, did not consider of the Clarksburg AVA in T.D. ATF–166, wine is not eligible for labeling with an topography to be a distinguishing we are including a discussion of AVA name and that name appears in the feature of the Clarksburg AVA, only topography in this proposed rule brand name, then the label is not in noting that the ‘‘lower terraces to the because TTB agrees that the range of compliance and the bottler must change east’’ of the AVA are prone to elevations within the proposed the brand name and obtain approval of flooding.13 However, the expansion expansion area appears to be similar to a new label. Similarly, if the AVA name petition includes topographic that of the Clarksburg AVA. The data in appears in another reference on the information to demonstrate that the the expansion petition suggests that the label in a misleading manner, the bottler proposed expansion area is more regions to the south and east have lower would have to obtain approval of a new topographically similar to the elevations than both the proposed label. Different rules apply if a wine has Clarksburg AVA than the surrounding expansion area and the Clarksburg AVA. a brand name containing an AVA name regions outside the AVA. The petition While the data indicates that the that was used as a brand name on a includes a table of the highest and elevations to the west of the proposed label approved before July 7, 1986. See lowest elevations from locations within expansion area are within the range of § 4.39(i)(2) of the TTB regulations (27 the Clarksburg AVA, which is north of those of the Clarksburg AVA, the CFR 4.39(i)(2)) for details. the proposed expansion area, as well as frequency of flooding in the Yolo The approval of the proposed from within the proposed expansion Bypass would be a logical reason for not expansion of the Clarksburg AVA would area and the regions to the south, west, including it in the proposed expansion not affect any other existing viticultural and east. area. TTB is seeking comment on area, including the established Merritt The expansion petition states that due whether the topography of the proposed Island AVA, which is located within the to the low elevations throughout the expansion area provides additional Clarksburg AVA. The proposed Sacramento Delta, the islands once support for including the proposed expansion of the Clarksburg AVA would regularly flooded. The entire delta expansion area in the established AVA. allow vintners to use ‘‘Clarksburg’’ as an would flood periodically during spring appellation of origin for wines made tides and river floods, and the islands TTB Determination primarily from grapes grown within the furthest downstream would flood daily TTB concludes that the petition to proposed expansion area if the wines during high tides. However, a system of expand the boundaries of the meet the eligibility requirements for the levees, open ditches, and canals has established Clarksburg AVA merits appellation. The proposed AVA made viticulture possible within the consideration and public comment, as expansion would not affect any vintners Clarksburg AVA and the proposed invited in this notice of proposed using ‘‘Merritt Island’’ as an appellation expansion area. Within the proposed rulemaking. expansion area, elevations range from a of origin on wine labels. lowest point of 10 feet below sea level Boundary Description Public Participation to a highest point of 5 feet above sea See the narrative description of the Comments Invited level. Within the current boundaries of boundary of the petitioned-for the Clarksburg AVA, elevations range expansion area in the proposed TTB invites comments from interested from 10 feet below sea level to 10 feet regulatory text published at the end of members of the public on whether it above sea level. this proposed rule. should expand the Clarksburg AVA as By comparison, elevations in the proposed. TTB is specifically interested surrounding regions are generally lower Maps in receiving comments on the similarity than within the Clarksburg AVA and the The proposed boundary change to the of the proposed expansion area to the proposed expansion area. The region Clarksburg AVA would affect the established Clarksburg AVA, as well as east of the proposed expansion area has portion of the current AVA boundary the differences between the proposed elevations between 15 feet below sea shown on the 1:24,000 scale Liberty expansion area and the areas outside the level on Tyler Island and Staten Island, Island, Isleton, and Courtland Clarksburg AVA. Please provide specific and 5 feet above sea level at the city of quadrangle maps, and would add the information in support of your Walnut Grove and the upper portion of 1:24,000 scale Rio Vista quadrangle map comments. Andrus Island. To the south of both the to the list of maps in the regulatory text Submitting Comments AVA and proposed expansion area, of 27 CFR 9.95. The petitioner included elevations range from 20 feet below sea copies of these maps in the expansion You may submit comments on this level to 0 feet above sea level. To the petition. You may also view a map of notice of proposed rulemaking by using west of the proposed expansion area, the proposed expansion of the one of the following methods: elevations range from 5 feet below sea Clarksburg AVA boundary on the AVA • Federal e-Rulemaking Portal: You level on Liberty Island and the Egbert Map Explorer on the TTB website, at may send comments via the online Tract Reclamation District to a high of https://www.ttb.gov/wine/ava-map- comment form posted with this notice 10 feet above sea level on the Egbert explorer. within Docket No. TTB–2020–0013 on Tract. The petition states that the ‘‘Regulations.gov,’’ the Federal e- generally lower elevations in the Impact on Current Wine Labels rulemaking portal, at http:// surrounding regions also mean that the Part 4 of the TTB regulations prohibits www.regulations.gov. A direct link to depths to water tables are appreciably any label reference on a wine that that docket is available under Notice shallower than within the AVA and the indicates or implies an origin other than No. 198 on the TTB website at https:// proposed expansion area. As a result, the wine’s true place of origin. For a www.ttb.gov/wine/wine- wine to be labeled with an AVA name, rulemaking.shtml. Supplemental files 13 48 FR 2759. at least 85 percent of the wine must be may be attached to comments submitted

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via Regulations.gov. For complete All posted comments will display the Subpart C—Approved American instructions on how to use commenter’s name, organization (if Viticultural Areas Regulations.gov, visit the site and click any), city, and State, and, in the case of on the ‘‘Help’’ tab. mailed comments, all address ■ 2. Section 9.95 is amended by adding • U.S. Mail: You may send comments information, including email addresses. paragraph (b)(9), revising paragraphs via postal mail to the Director, TTB may omit voluminous attachments (c)(4) and (5), redesignating paragraphs Regulations and Rulings Division, or material that the Bureau considers (c)(6) through (12) as paragraphs (c)(7) Alcohol and Tobacco Tax and Trade unsuitable for posting. through (13), and adding new Bureau, 1310 G Street NW, Box 12, You may also obtain copies of this paragraph(c)(6) to read as follows: Washington, DC 20005. proposed rule, all related petitions, § 9.95 Clarksburg. Please submit your comments by the maps and other supporting materials, * * * * * closing date shown above in this notice. and any electronic or mailed comments (b) * * * Your comments must reference Notice that TTB receives about this proposal at (9) Rio Vista, Calif., 1978 (minor No. 198 and include your name and 20 cents per 8.5- x 11-inch page. Please revision 1993). mailing address. Your comments also note that TTB is unable to provide (c) * * * must be made in English, be legible, and copies of USGS maps or any similarly- (4) Then south along Miner Slough to be written in language acceptable for sized documents that may be included the point where it joins Cache Slough. public disclosure. TTB does not as part of the AVA petition. Contact (5) Then south along Cache Slough to acknowledge receipt of comments, and TTB’s Regulations and Rulings Division the point where it joins the Sacramento TTB considers all comments as by email using the web form at https:// River. originals. www.ttb.gov/contact-rrd, or by (6) Then east, then generally In your comment, please clearly state telephone at 202–453–1039, ext. 175, to northeasterly along the meandering if you are commenting for yourself or on request copies of comments or other Sacramento River to the point where it behalf of an association, business, or materials. meets the Delta Cross Channel at the other entity. If you are commenting on Regulatory Flexibility Act Southern Pacific Railroad. behalf of an entity, your comment must * * * * * include the entity’s name, as well as TTB certifies that this proposed your name and position title. If you regulation, if adopted, would not have Signed: September 5, 2020. comment via Regulations.gov, please a significant economic impact on a Mary G. Ryan, enter the entity’s name in the substantial number of small entities. Administrator. ‘‘Organization’’ blank of the online The proposed regulation imposes no Approved: October 9, 2020. comment form. If you comment via new reporting, recordkeeping, or other Timothy E. Skud, postal mail or hand delivery/courier, administrative requirement. Any benefit Deputy Assistant Secretary (Tax, Trade, and please submit your entity’s comment on derived from the use of an AVA name Tariff Policy). letterhead. would be the result of a proprietor’s [FR Doc. 2020–24140 Filed 11–9–20; 8:45 am] You may also write to the efforts and consumer acceptance of BILLING CODE 4810–31–P Administrator before the comment wines from that area. Therefore, no closing date to ask for a public hearing. regulatory flexibility analysis is The Administrator reserves the right to required. DEPARTMENT OF THE TREASURY determine whether to hold a public Executive Order 12866 hearing. Alcohol and Tobacco Tax and Trade It has been determined that this Bureau Confidentiality proposed rule is not a significant All submitted comments and regulatory action as defined by 27 CFR Part 9 attachments are part of the public record Executive Order 12866 of September 30, [Docket No. TTB–2020–0014; Notice No. and subject to disclosure. Do not 1993. Therefore, no regulatory 199] enclose any material in your comments assessment is required. RIN 1513–AC65 that you consider to be confidential or Drafting Information inappropriate for public disclosure. Proposed Establishment of the Karen A. Thornton of the Regulations Ulupalakua Viticultural Area Public Disclosure and Rulings Division drafted this notice TTB will post, and you may view, of proposed rulemaking. AGENCY: Alcohol and Tobacco Tax and copies of this notice, selected List of Subjects in 27 CFR Part 9 Trade Bureau, Treasury. supporting materials, and any online or ACTION: Notice of proposed rulemaking. mailed comments received about this Wine. proposal within Docket No. TTB–2020– SUMMARY: The Alcohol and Tobacco Tax Proposed Regulatory Amendment 0013 on the Federal e-rulemaking and Trade Bureau (TTB) proposes to portal, Regulations.gov, at http:// For the reasons discussed in the establish the approximately 70-acre www.regulations.gov. A direct link to preamble, TTB proposes to amend title ‘‘Ulupalakua’’ viticultural area on the that docket is available on the TTB 27, chapter I, part 9, Code of Federal island of Maui, Hawaii. The proposed website at https://www.ttb.gov/wine/ Regulations, as follows: viticultural area is not within any other wine_rulemaking.shtml under Notice established viticultural area. TTB No. 198. You may also reach the PART 9—AMERICAN VITICULTURAL designates viticultural areas to allow relevant docket through the AREAS vintners to better describe the origin of Regulations.gov search page at http:// their wines and to allow consumers to www.regulations.gov. For information ■ 1. The authority citation for part 9 better identify wines they may on how to use Regulations.gov, click on continues to read as follows: purchase. TTB invites comments on this the website’s ‘‘Help’’ tab. Authority: 27 U.S.C. 205. proposed addition to its regulations.

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