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constitutes a reasonable, good faith providing law enforcement services at the direct link to this docket is posted on interpretation of the statute, taking into casino, which is a commercial activity under the TTB Web site at http://www.ttb.gov/ account the rules in this paragraph (g) paragraph (g)(7)(i)(B) of this section. In wine/wine_rulemaking.shtml under and any other published guidance that addition, the assigned duties and Notice No. 123. You also may view responsibilities of Employee C, as well as copies of this notice, all related relates to the application of section Employee C’s area of expertise, relate to 414(d) to ITGs. However, this paragraph general law enforcement and do not petitions, maps or other supporting (g)(8)(v) applies with respect to the substantially relate to a commercial activity. materials, and any comments TTB assignment of employees to receives about this proposal by [FR Doc. 2011–28858 Filed 11–7–11; 8:45 am] governmental and commercial plans appointment at the TTB Information BILLING CODE 4830–01–P only if the benefit levels provided by the Resource Center, 1310 G Street NW., separate governmental and commercial Washington, DC 20005. Please call 202– plans are uniform. Thus, this paragraph DEPARTMENT OF THE TREASURY 453–2270 to make an appointment. (g)(8)(v) would not apply if the benefit FOR FURTHER INFORMATION CONTACT: level for employees under a plan Alcohol and Tobacco Tax and Trade Elisabeth C. Kann, Regulations and purported to be a governmental plan is Bureau Rulings Division, Alcohol and Tobacco higher than that provided under a Tax and Trade Bureau, 1310 G Street separate plan which covers commercial 27 CFR Part 9 NW., Box 12, Washington, DC 20005; ITG employees. phone 202–453–1039, ext. 002. (vi) Examples. The following [Docket No. TTB–2011–0009; Notice No. 123] SUPPLEMENTARY INFORMATION: examples further illustrate the application of this paragraph (g)(8): RIN 1513–AB67 Background on Viticultural Areas TTB Authority Example 1. (i) Facts. Employee A, who is Proposed Establishment of the an attorney, works at the Attorney General’s Middleburg Virginia Viticultural Area Section 105(e) of the Federal Alcohol office of Indian tribal government B. Administration Act (FAA Act), 27 Employee A’s job location is in a government AGENCY: Alcohol and Tobacco Tax and U.S.C. 205(e), authorizes the Secretary office building on tribal lands. The assigned Trade Bureau, Treasury. duties and responsibilities of Employee A are of the Treasury to prescribe regulations principally to review the operations of ACTION: Notice of proposed rulemaking. for the labeling of wine, distilled spirits, marina boat operators to ensure that they and malt beverages. The FAA Act SUMMARY: comply with tribal rules and regulations as The Alcohol and Tobacco Tax requires that these regulations should, applicable to marina boat operators. and Trade Bureau (TTB) proposes to among other things, prohibit consumer Employee A provides some services for the establish the approximately 198-square deception and the use of misleading marina, such as speaking at conferences or mile ‘‘Middleburg Virginia’’ viticultural statements on labels, and ensure that meetings with marina boat operators. area in Loudoun and Fauquier Counties labels provide the consumer with Employee A’s area of expertise is contract in northern Virginia. TTB designates adequate information as to the identity law. viticultural areas to allow vintners to (ii) Conclusion. Based on the facts and and quality of the product. The Alcohol better describe the origin of their wines and Tobacco Tax and Trade Bureau circumstances and the factors in paragraph and to allow consumers to better (g)(8)(ii) through (iv) of this section, (TTB) administers the regulations Employee A is a governmental ITG employee identify wines they may purchase. TTB promulgated under the FAA Act. within the meaning of this paragraph (g)(8). invites comments on this proposed Part 4 of the TTB regulations (27 CFR Employee A primarily performs services for addition to its regulations. part 4) allows the establishment of Indian tribal government B at a government DATES: TTB must receive written definitive viticultural areas and the use building which is a governmental location comments on or before January 9, 2012. of their names as appellations of origin and Employee A is on the payroll of Indian ADDRESSES: You may send comments on on wine labels and in wine tribal government B. In addition, Employee A’s assigned duties and responsibilities are this notice to one of the following advertisements. Part 9 of the TTB addresses: regulations (27 CFR part 9) sets forth primarily to provide government oversight • services for Indian tribal government B. http://www.regulations.gov (via the standards for the preparation and Example 2. (i) Facts. Employee C is a online comment form for this notice as submission of petitions for the police officer providing services for Indian posted within Docket No. TTB–2011– establishment or modification of tribal government D. Employee C’s job 0009 at ‘‘Regulations.gov,’’ the Federal American viticultural areas and lists the location is the tribal police station located in e-rulemaking portal); approved American viticultural areas. a government building on tribal lands. The • U.S. Mail: Director, Regulations and assigned duties and responsibilities of Rulings Division, Alcohol and Tobacco Definition Employee C indicate that Employee C is Tax and Trade Bureau, P.O. Box 14412, Section 4.25(e)(1)(i) of the TTB expected to maintain public order, detect Washington, DC 20044–4412; or regulations (27 CFR 4.25(e)(1)(i)) defines crime, and apprehend offenders on tribal • lands of Indian tribal government D. Hand delivery/courier in lieu of a viticultural area for American wine as Occasionally, while on patrol, Employee C mail: Alcohol and Tobacco Tax and a delimited grape-growing region having must go to the casino operated by Indian Trade Bureau, 1310 G Street NW., Suite distinguishing features as described in tribal government D to restore order relating 200–E, Washington, DC 20005. part 9 of the regulations and a name and to a disturbance. Employee C’s area of See the Public Participation section of a delineated boundary as established in expertise is in general law enforcement. this notice for specific instructions and part 9 of the regulations. These (ii) Conclusion. Based on the facts and requirements for submitting comments, designations allow vintners and circumstances and the factors in paragraph and for information on how to request consumers to attribute a given quality, (g)(8)(ii) through (iv) of this section, a public hearing. reputation, or other characteristic of a Employee C is a governmental ITG employee within the meaning of this paragraph (g)(8). You may view copies of this notice, wine made from grapes grown in an area Employee C primarily performs services for selected supporting materials, and any to its geographic origin. The Indian tribal government D at either a comments TTB receives about this establishment of viticultural areas government building or while on patrol, even proposal at http://www.regulations.gov allows vintners to describe more though Employee C’s patrol duties include within Docket No. TTB–2011–0009. A accurately the origin of their wines to

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consumers and helps consumers to Middleburg Virginia viticultural area Magazine that was submitted by the identify wines they may purchase. boundary line in order to include petitioner as a supplemental exhibit Establishment of a viticultural area is several additional vineyards within the features the Middleburg region in an neither an approval nor an endorsement proposed area. The modification article entitled ‘‘Best of Middleburg,’’ by TTB of the wine produced in that increased the proposed viticultural area which includes a ‘‘Grape Adventures’’ area. by 1,920 acres in the Burnt Mill Run section that highlights some of the area, east of Zulla, on the USGS wineries located within the proposed Requirements Rectortown map. According to the Middleburg Virginia viticultural area Section 4.25(e)(2) of the TTB petitioner, the additional acreage has (‘‘Best of Middleburg—Grape regulations outlines the procedure for the same distinguishing features as the Adventures,’’ Lydia Strohl, proposing an American viticultural area originally proposed viticultural area. Washingtonian Magazine, June 2011). and provides that any interested party With the petitioner’s modified boundary Further, two local monthly newspapers may petition TTB to establish a grape- line, the proposed Middleburg Virginia for the Middleburg area, Middleburg growing region as a viticultural area. viticultural area contains 251 acres of Eccentric and Middleburg Life, contain Section 9.12 of the TTB regulations (27 commercial grape growing in 10 various news articles, event listings, CFR 9.12) prescribes standards for vineyards and 14 wineries. With the advertisements, and real estate listings petitions for the establishment or petitioner’s agreement, TTB also made for locations within the proposed modification of American viticultural several small modifications to the Middleburg Virginia viticultural area. areas. Such petitions must include the originally-proposed boundary line in Tourism guides for the region also following: order to better match the provided maps contain references to places throughout • Evidence that the area within the with the petition’s narrative boundary the proposed Middleburg Virginia proposed viticultural area boundary is description. These changes were made viticultural area. One visitors’ guide nationally or locally known by the in the vicinity of the town of Marshall contains information about special viticultural area name specified in the and Little Cobbler Mountain and then events, day trips, lodging, dining, and petition; near the hamlet of Airmont along Route shopping in the greater Middleburg • An explanation of the basis for 734. TTB estimates that the proposed area, which includes areas outside the defining the boundary of the proposed Middleburg Virginia viticultural area, as Town of Middleburg that are located viticultural area; described in below, covers within the proposed viticultural area • A narrative description of the approximately 198-square miles (or (‘‘Visitor’s Guide to Middleburg, features of the proposed viticultural area 126,720 acres). TTB also notes that the Virginia,’’ revised in 2006). Another that affect viticulture, such as climate, proposed viticultural area does not visitor’s guide for the Middleburg region geology, soils, physical features, and overlap or otherwise affect any contains photographs of historical elevation, that make it distinctive and established or proposed American buildings, touring information, and a distinguish it from adjacent areas viticultural area. map of the Middleburg area outside the proposed viticultural area Unless otherwise noted, all (‘‘Destination Middleburg—A Walking boundary; information and data contained in the Tour into the Past,’’ Middleburg • A copy of the appropriate United below sections are from the petition for Beautification and Preservation, Inc., States Geological Survey (USGS) map(s) the proposed Middleburg Virginia October 2001). TTB adds that the showing the location of the proposed viticultural area and its supporting official tourism Web site for the viticultural area, with the boundary of exhibits. Commonwealth of Virginia lists a the proposed viticultural area clearly variety of places to visit, dine, and stay Name Evidence drawn thereon; and that are located throughout the • A detailed narrative description of The Town of Middleburg is located in proposed Middleburg Virginia the proposed viticultural area boundary southern Loudoun County along U.S. viticultural area under its listing for based on USGS map markings. Route 50, to the immediate north of ‘‘Middleburg’’ (available at http:// Fauquier County and to the west of www.virginia.org/Cities/Middleburg/). Middleburg Virginia Petition Washington, DC, according to maps In August 2008, TTB first received a submitted with the petition. The Town Boundary Evidence petition from Rachel E. Martin, of Middleburg was established in 1787 As noted above, the proposed executive vice president of Boxwood by Leven Powell, who was a soldier and Middleburg Virginia viticultural area is Winery in Middleburg, Virginia, statesman (‘‘Colonel John Leven Powell located entirely within the proposing the establishment of the Returns to Middleburg,’’ Audrey Commonwealth of Virginia in portions ‘‘Middleburg Virginia’’ American Windsor Bergner, Middleburg Press, of Loudoun and Fauquier Counties. The viticultural area in portions of Loudoun 1995). Originally named ‘‘Chinn’s USGS maps show that the shared and Fauquier Counties in northern Crossroads’’ after Joseph Chinn, Lt. Col. Loudoun-Fauquier County boundary Virginia. The petition states that the Powell renamed the town Middleburg, line runs west-northwest to east- proposed viticultural area derives its most likely because it was the midpoint southeast through the proposed name from the Town of Middleburg, on the trade route between the seaport viticultural area, south of the Town of Virginia, and it is bounded by the of Alexandria, Virginia, and inland Middleburg. The Potomac River, which Potomac River to the north and by Winchester, Virginia (ibid.). separates Maryland from Virginia, forms mountains to the east, south, and west. The petitioner submitted several the northern portion of the proposed The 2008 petition notes that the documents as evidence of the viticultural area’s boundary line. The proposed viticultural area covers Middleburg name and its association proposed eastern, southern, and western approximately 190-square miles with the proposed viticultural area. In portions of the boundary line are based (121,600 acres) and contains 229 acres one magazine, the Middleburg area is on geographical features that mark the of commercial vineyards and 12 cited as an internationally renowned transition from wooded, rolling hills wineries. equestrian center (‘‘The Chronicle of the with many creeks to more mountainous In July 2009, Ms. Martin submitted to Horse,’’ June 20, 2008). In addition, a areas, specifically, Catoctin and Bull TTB a modification to the proposed June 2011 article from Washingtonian Run Mountains to the east, Watery,

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Swains, Little Cobbler, and viticultural area are its climate, viticultural area distinguish it from the Hardscrabble Mountains to the south, topography, geology, and soils. surrounding regions (data compiled by and the Blue Ridge Mountains to the Climate the petitioner from the National Oceanic west. The proposed boundary line uses and Atmospheric Administration, U.S. rivers, creeks, roads, elevation points, a The geographical location and terrain Meteorological Department, and national park boundary line, and other of the proposed Middleburg Virginia Weather Underground, http:// points shown on the USGS maps. viticultural area result in a unique www.wunderground.com). The data are microclimate within the larger northern summarized in the below table. Distinguishing Features Virginia region. Climatic data for the The distinguishing features of the 2005 and 2006 average growing seasons proposed Middleburg Virginia (April 1 to October 31) for the proposed

Degree days 1 Maximum Minimum Average total Wind speed (difference from temperature temperature precipitation average Area/location relative to Middleburg Middleburg) ° ° Units F F Inches mph

Proposed Middleburg AVA ...... 3,568 ...... 83.43 48.2 25.55 2.25 Hagerstown, MD (north) ...... 3,412 (156 less) .... 86 38.5 16.60 6.5 Winchester, VA (west) ...... 3,594 (26 more) .... 86 41 19.92 3.5 Culpeper, VA (south) ...... 3,758 (190 more) .. 85 42 21.03 1.5 Leesburg, VA (east-southeast) ...... 3,957 (389 more) .. 91.09 45.6 18.78 3.0 Dulles, VA (east) ...... 3,717 (149 more) .. 89.85 43.4 30.38 6.0 Manassas, VA (southeast) ...... 3,688 (120 more) .. 88.8 42.2 17.36 2.6 1 In the Winkler climate classification system, heat accumulation during the grape-growing season measured in growing degree days defines climatic regions (‘‘General Viticulture,’’ by A.J. Winkler, J.A. Cook, W.M. Kliewer, and L.A. Lider, University of California Press, 1974, pp. 61–64). One degree day accumulates for each degree Fahrenheit that a day’s mean temperature is above 50 degrees, the minimum temperature re- quired for grapevine growth.

As shown by the maximum and 2.25 miles per hour (mph), which is slopes of the 600- to 890-foot Catoctin minimum temperatures in the above significantly less than the wind speed Mountain ridge are located to the east of table, the proposed Middleburg Virginia averages for the surrounding the proposed boundary line of the viticultural area has both cooler highs Hagerstown, Winchester, Leesburg, Middleburg Virginia viticultural area. and warmer lows than the surrounding Dulles, and Manassas areas, at 6.5, 3.5, The 700- to 1,370-foot Bull Run regions during the growing season. As a 3.0, 6.0, and 2.6 mph, respectively Mountains are located to the southeast, result, the proposed viticultural area has (although it is greater than the wind which contrast with the 450- to 550-foot a more moderated growing season speed average for the Culpeper area to gently mounded hills, rolling terrain, climate than the surrounding areas. TTB the south, at 1.5 mph). The moderate and spring-fed ponds and lakes within notes that the moderated growing winds in the proposed viticultural area, the proposed viticultural area, according season temperatures contribute to which consist of gentle western breezes to the USGS maps. developing consistent grape growth and from the Ashby Gap in the Blue Ridge The USGS maps also show that the achieving maturity for harvest before the Mountains, dissipate the morning fog, 900- to 1,340-foot Watery Mountains are onset of freezing temperatures. The lessen the effect of frost, and reduce located to the south of the boundary line proposed Middleburg Virginia mildew during the growing season. of the proposed viticultural area. By viticultural area is generally cooler than contrast, the land formations within the Topography the surrounding areas in Virginia as southern portion of the proposed evidenced by its lower number of The terrain of the proposed viticultural area are less undulating, a growing degree days, according to the Middleburg Virginia viticultural area feature that is important for a vineyard above table. generally contains rolling hills, woods, site, according to Alex Blackburn, the The table also shows that the average and many creeks. It is located within the certified soil scientist who compiled the total precipitation for the proposed Blue Ridge Anticlinorium, between the soils data for the petition (see ‘‘Soils,’’ Middleburg Virginia viticultural area Blue Ridge Mountains to the west and below). growing season is 25.55 inches, which the Catoctin and Bull Run Mountains to The Little Cobbler, Red Oak, and Hard is greater than the growing season the east. As shown on the USGS maps, Scrapple Mountains, which are heavily precipitation totals for the surrounding elevations within the proposed wooded with steep slopes ranging in Hagerstown, Winchester, Culpeper, viticultural area range from 220 feet elevation from 800 to 1,300 feet, are Leesburg, Dulles, and Manassas areas, at (along the Potomac River shoreline, located to the southwest of the proposed 16.60, 19.92, 21.03, 18.78, 30.38, and which forms the northern portion of the viticultural area. This area is not 17.36 inches, respectively. Based on the proposed boundary line) to 1,470 feet (at recommended for grape growing data in the table, the Middleburg the peak of Naked Mountain in the because of erosion hazards and the Virginia viticultural area receives southwest corner of the proposed difficulty of cultivation along the sleep significantly more growing season viticultural area). According to the slopes of the region, according to Mr. precipitation than the surrounding areas USGS maps, the southern portion of the Blackburn. except for the Dulles area the east, proposed viticultural area trends According to the USGS maps, the which receives almost 5 inches more southeast to southwest toward the steep terrain and ridgelines of the 1,200- precipitation during the growing season. foothills of the Blue Ridge Mountains to 1,800 foot Blue Ridge Mountains are The table further shows that the wind and gradually gains in elevation. located to the west of the proposed speed average for the proposed As shown on the USGS maps boundary line. The higher elevations Middleburg Virginia viticultural area is submitted with the petition, the steep and mountainous terrain of the Blue

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Ridge Mountains contrast with the which reduces problems related to vine An area of the same granite and gneiss lower elevation, rolling terrain within vigor and produces better fruit quality. bedrock formations as those within the the proposed viticultural area, as shown The boundary line of the proposed proposed viticultural area lies to the on the USGS maps. Middleburg Virginia viticultural area southwest of the proposed boundary The Potomac River is immediately to largely follows the distinctive geology of line, although those areas are at higher the north of the northern portion of the the area, which contrasts to the geology elevations and are not well-suited for proposed boundary line, flowing of the surrounding regions. grape growing. eastward into the Chesapeake Bay, as The Potomac River and Maryland are To the west of the proposed indicated on the USGS maps. North of located to the north of the proposed Middleburg Virginia viticultural area, the Potomac River, the terrain in Middleburg Virginia viticultural area. In granites and gneisses continue to units Maryland is similar to that of the Maryland, the intrusions of greenstone of the Catoctin Formation, both of proposed viticultural area. resembling Catoctin greenstone are more which form the Blue Ridge Mountains. numerous than those in the granites and Geology The Ridge and Valley province, gneisses in the proposed viticultural consisting of folded sedimentary rocks, A geology map submitted with the area. The greenstone intrusions to the begins on the western side of the Blue petition shows that the proposed north are so numerous that they more Middleburg Virginia viticultural area is closely resemble the Catoctin greenstone Ridge Mountains. underlain predominantly by fractured formation that is located to the east, Soils granite and gneiss bedrock with southeast, and west of the proposed scattered, small greenstone dykes viticultural area. The soils evidence in the petition was (‘‘Middleburg Virginia AVA Geology The regions to the east of the documented by Mr. Blackburn, with and Soil Association Map,’’ Loudoun proposed Middleburg Virginia contributions from Jim Sawyer, Head County Department of Building and viticultural area are dominated by the Soil Specialist, Fauquier County, Development, National Resources Catoctin Formation, which consists of Virginia, and Frederick M. Garst, GIS Division, and the Fauquier County GIS mostly greenstone and charnokytes, and Specialist, USDA–NRCS, Harrisonburg, Department, undated). According to the also some acidic quartzite. The Catoctin Virginia. The table below, which is Mr. Blackburn, the granite and gneiss Formation continues to the Antietam based on that documentation, compares bedrock underlying the proposed Formation, which underlies the Bull the extent of the dominant soils of the Middleburg Virginia viticultural area Run Mountains. To the southeast of the proposed Middleburg Virginia produce soils that are generally lower in proposed viticultural area, the bedrock viticultural area both within and outside natural fertility and water availability, consists of schist and phylites (ibid.). of the proposed viticultural area.

Percentage in Percentage the areas within the around the Soil series proposed proposed viticultural viticultural area area

Purcellville, Tankerville, and Middleburg ...... 38.0 22.8 Tankerville and Philomont ...... 24.0 1.2 Mongle, Codorus, and Hatboro ...... 13.0 5.4 Swampoodle and Purcellville ...... 11.0 3.4 Eubanks ...... 6.5 6.0 Cardiff and Glenelg ...... 3.0 2.9 Penn, Nestoria, and Manassas ...... 2.5 0.6

As indicated in the above table and in Purcellville soils. Philomont soils, viticultural area include Mongle, a map included with the petition, the formed in relatively coarser granite than Codorus, and Hatboro soils (13 percent Purcellville-Tankerville-Middleburg and that in which Purcellville and of the total land area); Swampoodle and the Tankerville-Philomont soil Tankerville soils formed, are very deep Purcellville soils (11 percent); and associations are the dominant soil and well-drained, with low available Eubanks soils (6.5 percent). The Mongle, associations in the proposed viticultural water capacity. Compared to the Codorus, Hatboro, and Swampoodle area. These soils formed in the granite surrounding areas, the soils in the soils are moderately well-drained to and gneiss bedrock of the proposed proposed viticultural area are generally very poorly drained and are located in viticultural area, with some occasional lower in natural fertility and in flood plains or other low-lying areas greenstone dyke. Messrs. Sawyer and available water capacity. According to that are generally unsuited to grape Garst noted that the dominant soil Mr. Blackburn, these four soils are production. The Eubanks soils are very characteristics and prevalent geological among the best in the Blue Ridge deep and well-drained, with moderate properties distinguish the proposed Physiographic Province for fruit available water capacity. Middleburg Virginia viticultural area production, and grapevines grown in Most of the soils outside of the from the surrounding areas. these soils have better quality fruit with proposed viticultural area are different The Purcellville soils are very deep few vigor problems. However, vineyard because they formed in rocks that are and well-drained, with moderate blocks containing these soils must be different from those in the proposed available water capacity, or water sited on specific landforms with good Middleburg Virginia viticultural area. available to plants. Tankerville soils are natural drainage that are not easily To the north, in Maryland, the soils moderately deep and well-drained to erodible or susceptible to frost. formed in bedrock with increased excessively drained, with a lower The soils of lesser extent in the greenstone intrusions. The greenstone available water capacity than proposed Middleburg Virginia intrusions affect soil fertility and

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available water capacity, which, in turn, to Geographic Names Information Because of the potential impact of the affects vineyard management, vine Service, the ‘‘Middleburg’’ area name establishment of the proposed growth, and fruit quality. To the south, refers to 73 locations in 14 States, Middleburg Virginia viticultural area on toward and through Culpepper County, including 22 populated places within wine labels that include the words the soils formed in granite and gneisses, the United States, so TTB believes that ‘‘Middleburg Virginia’’ as discussed with fewer greenstone intrusions than in a determination of ‘‘Middleburg’’ as a above under Impact on Current Wine the proposed viticultural area. The soils term of viticultural significance could Labels, TTB is also particularly in that region more closely resemble lead to consumer and industry interested in comments regarding Philomont soils than the Purcellville, confusion and should be avoided; and whether there will be a conflict between Tankerville, and Swampoodle soils in (2) ‘‘Virginia,’’ standing alone, is locally the proposed viticulturally significant the proposed viticultural area. To the and nationally known as referring to the terms and currently used brand names. east, the dominant Airmont, Weverton, Commonwealth of Virginia, which is If a commenter believes that a conflict and Stumptown soils formed in the already a term of viticultural will arise, the comment should describe mainly quartzite Antietam Formation, significance as a state-wide appellation the nature of that conflict, including any which is a continuation of the Catoctin of origin under 27 CFR 4.25(a)(1)(ii), anticipated negative economic impact Formation. To the west, the soils formed which provides that a State is an that approval of the proposed in granite and gneiss, which continue as American appellation of origin, and 27 viticultural area will have on an existing units of the Catoctin Formation. CFR 4.39(i)(3), which states that ‘‘[a] viticultural enterprise. TTB is also Thus, as compared to the soils in the name has viticultural significance when interested in receiving suggestions for proposed viticultural area, the soils in it is the name of a state * * *.’’ ways to avoid conflicts, for example by the surrounding areas would require Therefore, the proposed part 9 adopting a modified or different name different vineyard management, regulatory text set forth in this for the viticultural area. produce different yields, and result in document specifies only ‘‘Middleburg Submitting Comments different vine growth and fruit quality. Virginia’’ as a term of viticultural You may submit comments on this TTB Determination significance for purposes of part 4 of the TTB regulations. notice by using one of the following TTB concludes that the petition to three methods: For a wine to be eligible to use a • establish the approximately 190-square viticultural area name as an appellation Federal e-Rulemaking Portal: You mile ‘‘Middleburg Virginia’’ viticultural of origin or a term of viticultural may send comments via the online area merits consideration and public significance in a brand name, at least 85 comment form linked to this notice in comment as invited in this notice. percent of the wine must be derived Docket No. TTB–2011–0009 on ‘‘Regulations.gov,’’ the Federal Boundary Description from grapes grown within the area represented by that name or term, and e-rulemaking portal, at http:// See the narrative boundary the wine must meet the other conditions www.regulations.gov. A link to the description of the petitioned-for listed in 27 CFR 4.25(e)(3). If the wine docket is available under Notice No. 123 viticultural area in the proposed is not eligible to use the viticultural area on the TTB Web site at http:// regulatory text published at the end of name as an appellation of origin and www.ttb.gov/wine/wine- this notice. that name or other term of viticultural rulemaking.shtml. Supplemental files may be attached to comments submitted Maps significance appears in the brand name, then the label is not in compliance and via Regulations.gov. For information on The petitioner provided the required the bottler must change the brand name how to use Regulations.gov, click on the maps, and TTB lists them below in the and obtain approval of a new label. site’s Help or FAQ tabs. proposed regulatory text. • U.S. Mail: You may send comments Similarly, if the viticultural area name via postal mail to the Director, Impact on Current Wine Labels or other term of viticultural significance Regulations and Rulings Division, appears in another reference on the Part 4 of the TTB regulations prohibits Alcohol and Tobacco Tax and Trade label in a misleading manner, the bottler any label reference on a wine that Bureau, P.O. Box 14412, Washington, would have to obtain approval of a new indicates or implies an origin other than DC 20044–4412. the wine’s true place of origin. If TTB label. • Hand Delivery/Courier: You may Different rules apply if a wine has a establishes this proposed viticultural hand-carry your comments or have them brand name containing a viticultural area, its name, ‘‘Middleburg Virginia,’’ hand-carried to the Alcohol and area name or other term of viticultural will be recognized as a name of Tobacco Tax and Trade Bureau, 1310 G significance that was used as a brand viticultural significance under 27 CFR Street NW., Suite 200–E, Washington, name on a label approved before July 7, 4.39(i)(3). The text of the proposed DC 20005. regulation clarifies this point. 1986. See 27 CFR 4.39(i)(2) for details. Please submit your comments by the Consequently, wine bottlers using Public Participation closing date shown above in this notice. ‘‘Middleburg Virginia’’ in a brand name, Your comments must reference Notice including a trademark, or in another Comments Invited No. 123 and include your name and label reference as to the origin of the TTB invites comments from interested mailing address. Your comments also wine, will have to ensure that the members of the public on whether TTB must be made in English, be legible, and product is eligible to use the viticultural should establish the proposed be written in language acceptable for area’s name as an appellation of origin. viticultural area. TTB is also interested public disclosure. TTB does not On the other hand, TTB does not in receiving comments on the acknowledge receipt of comments, and believe that any single part of the sufficiency and accuracy of the name, TTB considers all comments as proposed viticultural area name boundary, climatic, and other required originals. standing alone, that is, ‘‘Middleburg’’ or information submitted in support of the If you are commenting on behalf of an ‘‘Virginia,’’ would have viticultural petition. Please provide any available association, business, or other entity, significance in relation to this proposed specific information in support of your your comment must include the entity’s viticultural area because: (1) According comments. name as well as your name and position

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title. If you comment via The proposed regulation imposes no (7) Rectortown Quadrangle, Virginia, Regulations.gov, please include the new reporting, recordkeeping, or other 1970, photoinspected 1981; entity’s name in the ‘‘Organization’’ administrative requirement. Any benefit (8) Marshall Quadrangle, Virginia- blank of the comment form. If you derived from the use of a viticultural Fauquier Co., 1970, photorevised 1983; comment via postal mail or hand area name would be the result of a (9) Orlean Quadrangle, Virginia, 1970, delivery/courier, please submit your proprietor’s efforts and consumer photorevised 1983; entity’s comment on letterhead. acceptance of wines from that area. (10) Upperville Quadrangle, Virginia, You may also write to the Therefore, no regulatory flexibility 1970, photorevised 1983; Administrator before the comment analysis is required. (11) Linden Quadrangle, Virginia, closing date to ask for a public hearing. 1994; The Administrator reserves the right to Executive Order 12866 (12) Ashby Gap Quadrangle, Virginia, determine whether to hold a public This proposed rule is not a significant 1970, photorevised 1978, hearing. regulatory action as defined by photoinspected 1981; and Executive Order 12866. Therefore, it (13) Bluemont Quadrangle, Virginia, Confidentiality requires no regulatory assessment. 1970, photorevised 1979; All submitted comments and photoinspected 1981. attachments are part of the public record Drafting Information (c) Boundary. The Middleburg and subject to disclosure. Do not Elisabeth C. Kann of the Regulations Virginia viticultural area is located in enclose any material in your comments and Rulings Division drafted this notice. Loudoun and Fauquier Counties, that you consider to be confidential or Virginia. The boundary of the that is inappropriate for public List of Subjects in 27 CFR Part 9 Middleburg Virginia viticultural area is disclosure. Wine. as described below: (1) The beginning point is on the Public Disclosure Proposed Regulatory Amendment Harpers Ferry map at the intersection of On the Federal e-rulemaking portal, For the reasons discussed in the the easternmost boundary line of the Regulations.gov, TTB will post, and the preamble, TTB proposes to amend title Harpers Ferry National Historical Park public may view, copies of this notice, 27, chapter I, part 9, Code of Federal and the south bank of the Potomac River selected supporting materials, and any Regulations, as follows: in Loudoun County, Virginia. From the electronic or mailed comments TTB beginning point, follow the south bank receives about this proposal. A direct PART 9—AMERICAN VITICULTURAL of the Potomac River easterly link to the Regulations.gov docket AREAS (downstream) for approximately 8.2 containing this notice and the posted miles, crossing onto the Point of Rocks 1. The authority citation for part 9 comments received on it is available on map, to the mouth of Catoctin Creek; continues to read as follows: the TTB Web site at http://www.ttb.gov/ then wine/wine-rulemaking.shtml under Authority: 27 U.S.C. 205. (2) Proceed southwesterly (upstream) Notice No. 123. You may also reach the 2. Subpart C is amended by adding along the meandering Catoctin Creek for docket containing this notice and the §9.____ to read as follows: approximately 4 miles to State Route posted comments received on it through 663 (locally known as Taylorstown the Regulations.gov search page at Subpart C—Approved American Road) at Taylorstown; then http://www.regulations.gov. All posted Viticultural Areas (3) Proceed easterly on State Route comments will display the commenter’s 663 for approximately 0.1 mile to State § 9. Middleburg Virginia. name, organization (if any), city, and Route 665 (locally known as Loyalty State, and, in the case of mailed (a) Name. The name of the viticultural Road) in Taylorstown; then comments, all address information, area described in this section is (4) Proceed southerly on State Route including email addresses. TTB may ‘‘Middleburg Virginia’’. For purposes of 665 for approximately 5.4 miles, omit voluminous attachments or part 4 of this chapter, ‘‘Middleburg crossing onto the Waterford map, to material that TTB considers unsuitable Virginia’’ is a term of viticultural State Route 662 on the south side of for posting. significance. Waterford; then You and other members of the public (b) Approved maps. The 13 United (5) Proceed southerly on State Route may view copies of this notice, all States Geological Survey (scale 662 for approximately 2.5 miles to State related petitions, maps and other 1:24,000) topographic maps used to Route 9 (locally known as Charles Town supporting materials, and any electronic determine the boundary of the Pike) near Paeonian Springs; then or mailed comments TTB receives about Middleburg Virginia viticultural area are (6) Proceed southerly on State Route this proposal by appointment at the TTB titled: 9 (Charles Town Pike) for approximately Information Resource Center, 1310 G (1) Harpers Ferry Quadrangle, West 0.7 mile, crossing over State Route 7 Street NW., Washington, DC 20005. You Virginia-Virginia-Maryland, 1996; (locally known as Harry Byrd Highway), may also obtain copies at 20 cents per (2) Point of Rocks Quadrangle, to State Business Route 7 (locally 8.5- × 11-inch page. Contact TTB’s Maryland-Virginia, 1970, known as E. Colonial Highway); then information specialist at the above photoinspected 1981; (7) Proceed westerly on State Business address or by telephone at (202) 453– (3) Waterford Quadrangle, Virginia- Route 7 (E. Colonial Highway) for 2270 to schedule an appointment or to Maryland, 1970, photorevised 1984; approximately 0.4 mile to the road’s request copies of comments or other (4) Purcellville Quadrangle, Virginia- intersection with the continuation of materials. Loudoun Co., 1970, photorevised 1984; State Route 662 (locally known as (5) Lincoln Quadrangle, Virginia- Canby Road); then Regulatory Flexibility Act Loudoun Co., 1970, photoinspected (8) Proceed southerly on State Route TTB certifies that this proposed 1981; 662 (Canby Road) for approximately 4 regulation, if adopted, would not have (6) Middleburg Quadrangle, Virginia, miles, crossing over the southwest a significant economic impact on a 1968, photorevised 1978, corner of the Purcellville map onto the substantial number of small entities. photoinspected 1981; Lincoln map, to State Route 729; then

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(9) Proceed southwesterly on State northern end of Little Cobbler (36) Proceed north-northeasterly on Route 729 for approximately 2.8 miles Mountain; then State Route 719 for approximately 2 to the State Route 729 bridge at North (23) Proceed west in a straight line for miles to State Route 734 at Airmont; Fork Creek; then approximately 2.7 miles to the 595-foot then (10) Proceed southeasterly elevation point on State Route 724, (37) Proceed east-southeasterly on (downstream) along the meandering southeast of Markham, and continue State Route 734 for approximately 0.7 North Fork Creek for approximately 4 west in a straight line for approximately mile to State Route 735; then miles to the confluence of North Fork 3.1 miles, crossing onto the Linden map, (38) Proceed northeasterly on State Creek with Goose Creek; then to the point where the line meets the Route 735 for approximately 2 miles to (11) Proceed southwesterly (upstream) intersection of State Route 726 and an State Route 725; then along the meandering Goose Creek for unnamed side road (near a cemetery), (39) Proceed north-northeasterly in a approximately 5.6 miles to State Route approximately 0.7 mile southwest of the straight line for approximately 4.4 734 at Carters Bridge; then intersection of State Route 726 and State miles, crossing over the northwest (12) Proceed southeasterly on State Route 55 (near Belle Meade); then corner of the Lincoln map and then onto Route 734 for approximately 2.4 miles, (24) Proceed northeasterly along State the Purcellville map, to the intersection crossing onto the Middleburg map, to Route 726 for approximately 0.7 mile to of State Routes 711 and 690, (northwest State Route 629; then State Route 55; then of Purcellville); then (13) Proceed southerly on State Route (25) Proceed east-northeast in a (40) Proceed north-northeasterly on 629 for approximately 1 mile to the straight line for approximately 1.7 miles State Route 690 for approximately 3.1 road’s intersection with U.S. Route 50 at to the point where the line meets State miles to State Route 9, then proceed east BM 341 at Dover, then continue in a Route 688 at BM 629 in Wildcat Hollow; on State Route 9 for approximately 0.2 straight line due south for then mile to the continuation of State Route approximately 150 feet to the Little (26) Proceed northerly and then 690, then proceed northerly on State River; then northeasterly on State Route 688 for Route 690 for approximately 5.3 miles, (14) Proceed southwesterly (upstream) approximately 5.5 miles, crossing over crossing onto the Harpers Ferry map, to along the meandering Little River for and back between the Linden and the road’s intersection with the 600-foot approximately 8 miles to the State Route Upperville maps and then continuing elevation line immediately south of the 626 bridge at Halfway; then on the Upperville map, to the road’s road’s marked 592-foot elevation point (15) Proceed northwesterly on State intersection with U.S. Route 17; then (located 0.75 mile east-northeast of the Route 626 for approximately 0.3 mile to (27) Proceed northerly on U.S. Route radio facilities at the 1,424-foot peak of State Route 706, and then continue 17 for approximately 2.0 miles, crossing Short Hill Mountain); then northwesterly on State Route 706 for onto the Ashby Gap map, to U.S. Route (41) Proceed northerly along the 600- approximately 1.6 miles, crossing onto 50 (just east of Paris); then foot elevation line for approximately 4 the Rectortown map, to Burnt Mill Run; (28) Proceed east-northeasterly in a miles to the intersection of the 600-foot then straight line for approximately 1.5 miles elevation line with the Harpers Ferry (16) Proceed west-southwesterly to the marked 797-foot elevation point National Historical Park south (upstream) along Burnt Mill Run for located along State Route 618 at a fork boundary, approximately 0.2 mile south approximately 0.4 mile to State Route in the road approximately 0.65 miles of the point where the Washington and 705; then north of U.S. Route 50; then Frederick Counties, Maryland, boundary (17) Proceed south-southwesterly on (29) Proceed southeasterly in a line intersects with the south bank of State Route 705 for approximately 0.5 straight line for approximately 0.9 mile the Potomac River; then mile to State Route 715; then to U.S. Route 50 at BM 625, which is (42) Proceed east and north (18) Proceed west-northwesterly on located at a bridge over an unnamed approximately 0.75 mile along the State Route 715 for approximately 0.4 branch of Panther Skin Creek; then Harpers Ferry National Historical Park mile to State Route 709 at Zulla; then (30) Proceed south-southeasterly in a boundary line, returning to the south (19) Proceed south-southwesterly on straight line for approximately 2.9 bank of the Potomac River and the State Route 709 for approximately 4.6 miles, crossing onto the Upperville map, beginning point. miles, crossing onto the Marshall map, to the intersection of State Routes 712 to Interstate Highway 66 (0.6 mile south and 710 at Kerfoot; then Dated: November 3, 2011. of Brookes Corner); then (31) Proceed southeasterly on State John J. Manfreda, (20) Proceed west-northwesterly on Route 710 for approximately 2.5 miles, Administrator. Interstate Highway 66 for approximately crossing onto the Rectortown map, to [FR Doc. 2011–28930 Filed 11–7–11; 8:45 am] 4.0 miles, crossing onto the Orlean map, the State Route 710 bridge over Goose BILLING CODE 4810–31–P to State Route 732 (locally known as Creek; then Ramey Road); then (32) Proceed northeasterly (21) Proceed westerly on State Route (downstream) along the meandering DEPARTMENT OF THE TREASURY 732 approximately 2 miles to State Goose Creek for approximately 10.9 Route 731 (locally known as Ashville miles to State Route 626 at Bentons Financial Crimes Enforcement Network Road) near Ashville; then Bridge; then (22) From the intersection of State (33) Proceed northwesterly on State 31 CFR Parts 1010 and 1030 Routes 732 and 731, proceed Route 626 for approximately 4.0 miles, RIN 1506–AB14 northwesterly in a straight line, crossing crossing onto the Bluemont map, to onto the Upperville map, to the marked State Route 630 at Unison; then Anti-Money Laundering Program and 1,304-foot peak on Little Cobbler (34) Proceed northeasterly on State Suspicious Activity Reporting Mountain, then northerly in a straight Route 630 for approximately 0.75 mile Requirements for Housing line to the marked 1,117-foot peak on to Dog Branch; then Government Sponsored Enterprises Little Cobbler Mountain, and then (35) Proceed northwesterly along Dog continue northerly in a straight line to Branch for approximately 1.75 miles to AGENCY: Financial Crimes Enforcement the marked 771-foot peak near the State Route 719; then Network (‘‘FinCEN’’), Treasury.

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