Federal Register/Vol. 76, No. 216/Tuesday, November 8, 2011
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69198 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Proposed Rules 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 VerDate Mar<15>2010 16:17 Nov 07, 2011 Jkt 226001 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 E:\FR\FM\08NOP1.SGM 08NOP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Proposed Rules 69199 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.