Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Proposed Rules 38345

Procedures’’ prior to any FAA final DEPARTMENT OF THE TREASURY among other things, prohibit consumer regulatory action. deception and the use of misleading Alcohol and Tobacco Tax and Trade statements on labels and ensure that List of Subjects in 14 CFR Part 71 Bureau labels provide the consumer with Airspace, Incorporation by reference, adequate information as to the identity 27 CFR Part 9 Navigation (air). and quality of the product. The Alcohol [Docket No. TTB–2020–0006; Notice No. and Tobacco Tax and Trade Bureau The Proposed Amendment 191] (TTB) administers the FAA Act pursuant to section 1111(d) of the In consideration of the foregoing, the RIN 1513–AC69 Homeland Security Act of 2002, Federal Aviation Administration codified at 6 U.S.C. 531(d). The proposes to amend 14 CFR part 71 as Proposed Establishment of the Viticultural Area Secretary has delegated the functions follows: and duties in the administration and AGENCY: Alcohol and Tobacco Tax and enforcement of these provisions to the PART 71—DESIGNATION OF CLASS A, Trade Bureau, Treasury. TTB Administrator through Treasury B, C, D, AND E AIRSPACE AREAS; AIR ACTION: Notice of proposed rulemaking. Order 120–01, dated December 10, 2013 TRAFFIC SERVICE ROUTES; AND (superseding Treasury Order 120–01, REPORTING POINTS SUMMARY: The Alcohol and Tobacco Tax dated January 24, 2003). and Trade Bureau (TTB) proposes to Part 4 of the TTB regulations (27 CFR ■ 1. The authority citation for part 71 establish the approximately 58,000-acre part 4) authorizes TTB to establish continues to read as follows: ‘‘Tehachapi Mountains’’ viticultural definitive viticultural areas and regulate Authority: 49 U.S.C. 106(f), 106(g); 40103, area in Kern County, . The the use of their names as appellations of 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, proposed viticultural area is not located origin on wine labels and in wine 1959–1963 Comp., p. 389. within, nor does it contain, any advertisements. Part 9 of the TTB established viticultural area. TTB regulations (27 CFR part 9) sets forth § 71.1 [Amended] designates viticultural areas to allow standards for the preparation and vintners to better describe the origin of ■ 2. The incorporation by reference in submission of petitions for the their wines and to allow consumers to 14 CFR 71.1 of FAA Order 7400.11D, establishment or modification of better identify wines they may American viticultural areas (AVAs) and Airspace Designations and Reporting purchase. TTB invites comments on this lists the approved AVAs. Points, dated August 8, 2019, and proposed addition to its regulations. effective September 15, 2019, is Definition DATES: Comments must be received by amended as follows: August 25, 2020. Section 4.25(e)(1)(i) of the TTB Paragraph 6010(a) Domestic VOR Federal ADDRESSES: You may electronically regulations (27 CFR 4.25(e)(1)(i)) defines Airways. submit comments to TTB on this a viticultural area for American wine as * * * * * proposal, and view copies of this a delimited grape-growing region having document, its supporting materials, and distinguishing features, as described in V–221 [Amended] any comments TTB receives on it within part 9 of the regulations, and a name From Shelbyville, IN; Muncie, IN; Fort Docket No. TTB–2020–0006 as posted and a delineated boundary, as Wayne, IN; to INT Fort Wayne 016° and on Regulations.gov (https:// established in part 9 of the regulations. ° Goshen, IN, 092 radials. www.regulations.gov), the Federal e- These designations allow vintners and * * * * * rulemaking portal. Please see the consumers to attribute a given quality, ‘‘Public Participation’’ section of this reputation, or other characteristic of a V–305 [Amended] document below for full details on how wine made from grapes grown in an area From El Dorado, AR; Little Rock, AR; to comment on this proposal via to the wine’s geographic origin. The Walnut Ridge, AR; Malden, MO; Regulations.gov, U.S. mail, or hand establishment of AVAs allows vintners Cunningham, KY; to Pocket City, IN. From delivery, and for full details on how to to describe more accurately the origin of ° Brickyard, IN; INT Brickyard 038 and view or obtain copies of this document, their wines to consumers and helps ° Kokomo, IN, 182 radials; to Kokomo. its supporting materials, and any consumers to identify wines they may * * * * * comments related to this proposal. purchase. Establishment of an AVA is neither an approval nor an endorsement FOR FURTHER INFORMATION CONTACT: Issued in Washington, DC, on June 18, by TTB of the wine produced in that Karen A. Thornton, Regulations and 2020. area. Scott M. Rosenbloom, Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street Requirements Acting Manager, Rules and Regulations NW, Box 12, Washington, DC 20005; Group. Section 4.25(e)(2) of the TTB phone 202–453–1039, ext. 175. [FR Doc. 2020–13657 Filed 6–25–20; 8:45 am] regulations (27 CFR 4.25(e)(2)) outlines SUPPLEMENTARY INFORMATION: BILLING CODE 4910–13–P the procedure for proposing an AVA Background on Viticultural Areas and provides that any interested party may petition TTB to establish a grape- TTB Authority growing region as an AVA. Section 9.12 Section 105(e) of the Federal Alcohol of the TTB regulations (27 CFR 9.12) Administration Act (FAA Act), 27 prescribes the standards for petitions for U.S.C. 205(e), authorizes the Secretary the establishment or modification of of the Treasury to prescribe regulations AVAs. Petitions to establish an AVA for the labeling of wine, distilled spirits, must include the following: and malt beverages. The FAA Act • Evidence that the area within the provides that these regulations should, proposed AVA boundary is nationally

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or locally known by the AVA name potential conflict with label holders roads to separate the proposed AVA specified in the petition; using the name ‘‘Tehachapi’’ or the from the lower elevations and warmer • An explanation of the basis for grape varietal ‘‘Tehachapi Clone’’ on climate of the . The defining the boundary of the proposed their labels. Although there is a peak in western boundary generally follows the AVA; the range called ‘‘Tehachapi Mountain,’’ 3,600-foot elevation contour to separate • A narrative description of the the petitioner chose to the name the the proposed AVA from the lower, features of the proposed AVA affecting proposed AVA after the entire range warmer region of the San Joaquin viticulture, such as climate, geology, because while parts of the range are Valley. soils, physical features, and elevation, within AVA, the peak called Distinguishing Features that make the proposed AVA distinctive ‘‘Tehachapi Mountain’’ is not within the and distinguish it from adjacent areas proposed AVA. The distinguishing features of the outside the proposed AVA; The petition provided examples of the proposed Tehachapi Mountains AVA • The appropriate United States use of the words ‘‘Tehachapi,’’ are its topography and climate. Geological Survey (USGS) map(s) ‘‘Tehachapi Mountain,’’ and ‘‘Tehachapi Topography showing the location of the proposed Mountains’’ to describe the region of the The proposed Tehachapi Mountains AVA, with the boundary of the proposed AVA. The Tehachapi AVA is situated at the summit of the proposed AVA clearly drawn thereon; Mountains are clearly labeled on the southernmost pass in the and USGS 30 x 60 minute series map titled • mountain range. The petition describes A detailed narrative description of ‘‘Tehachapi, CA,’’ as shown in the proposed AVA as a broad, saddle- the proposed AVA boundary based on Supplemental Exhibit B to the petition. shaped region of mountain foot slopes, USGS map markings. The Tehachapi Mountains Birding Club high valleys, and rolling hills. The Tehachapi Mountains Petition is described as ‘‘the only club dedicated proposed AVA has an east-west to local wildlife within the Tehachapi TTB received a petition from Julie orientation, and the terrain at the east Mountains.’’ 1 The city of Tehachapi, Bell of Per la Vita, LLC, on behalf of and west ends of the ‘‘saddle’’ rise to which is within the proposed AVA, local vineyard owners and winemakers, rugged hills before sharply falling away celebrates the Tehachapi Mountain proposing the establishment of the to lower elevations. However, these hills Festival each year. The geologic feature ‘‘Tehachapi Mountains’’ AVA. The are not high enough to prevent warm air called the Tehachapi Pass is located proposed Tehachapi Mountains AVA is from the neighboring within the proposed AVA and provides located in Kern County, California, and and Mojave Desert from entering the passage through the mountain range. is not within any established AVA. The proposed AVA. Slope angles within the The California Department of proposed Tehachapi Mountains AVA proposed Tehachapi Mountains AVA Transportation’s project to improve rail contains approximately 58,000 acres average between 3 and 11 degrees. lines within the region of the proposed and has 6 commercially-producing Elevations are between 3,600 and 5,400 AVA is called the Tehachapi Rail vineyards covering a total of 25 acres, as feet, with the majority of the area Improvement Project. Tehachapi well as 1 winery. situated between 3,800 and 4,600 feet. According to the petition, the Boulevard is a major road running To the north of the proposed AVA are distinguishing features of the proposed through the proposed AVA. Finally, the the steep, high, rugged slopes of the Tehachapi Mountains AVA include its proposed AVA is served by the Piute Mountains. Slope angles in this topography and climate. Unless Tehachapi Valley Healthcare District, region rise to over 30 degrees, and the otherwise noted, all information and the Tehachapi Unified School District, mountain summits reach over 6,000 data pertaining to the proposed AVA and the Tehachapi Municipal Airport. feet, with nearby Bear Mountain contained in this document are from the Boundary Evidence reaching 6,913 feet. To the east, the land petition for the proposed Tehachapi falls away at slope angles over 30 The proposed Tehachapi Mountains Mountains AVA and its supporting degrees until it reaches the relatively AVA roughly extends from the summit exhibits. flat valley floor of the Mojave Desert. of Tehachapi Pass to the Tehachapi Elevations to the east of the proposed Name Evidence Valley, which includes the city of AVA average 2,600 feet. To the south of The proposed Tehachapi Mountains Tehachapi. The proposed boundary was the proposed AVA, slope angles are also AVA takes its name from a pass within drawn to separate the proposed AVA over 30 degrees as the land rises to the the Tehachapi Mountains range, which from the higher elevations farther summits of the Tehachapi Mountains, partly lie within the proposed AVA. The within the Sierra Nevada Mountains with elevations rising over 7,700 feet at Tehachapi Mountains are a smaller range and from the lower elevations of the peak of Cummings Mountain. West range of mountains within the Sierra the Mojave Desert and the San Joaquin of the proposed AVA, the terrain drops Nevada Mountains. The petitioner states Valley. The northern and southern sharply at angles over 30 degrees to the ‘‘Tehachapi’’ name is unique to the boundaries follow a series of elevation elevations below 500 feet near the city area within the boundaries of the contours and straight lines drawn of Bakersfield in the San Joaquin Valley. proposed AVA. Further, while the between elevation contours that range The topography of the proposed AVA origin of ‘‘Tehachapi’’ is unknown, the from 4,200 to 5,400 feet in order to has an effect on viticulture. According petitioner notes nineteenth century texts separate the proposed AVA from the to the petition, the proposed Tehachapi show ‘‘Tehachapi’’ may derive from a higher elevations of the Piute Mountains Mountains AVA’s location in a Native American name for the pass (to the north) and the Tehachapi mountain pass allows for successful within the Tehachapi Mountains and a Mountains (to the south) that are viticulture, even at high altitudes. The creek draining from this pass. The inhospitable to grape growing. The petition notes that wine grapes are petitioner originally proposed the name eastern boundary follows a series of generally grown below 3,000 feet within ‘‘Tehachapi,’’ which is the name of a the United States and around the world, 1 http://www.tehachapinews.com/lifestyle/jon- town within the proposed AVA, but hammond-teaching-the-public-about-birds-and- due to colder temperatures at higher later requested changing the name to nature/article_9d41d885-8528-5bba-8def- elevations. However, prevailing west ‘‘Tehachapi Mountains’’ to avoid a 2f6b08809356.html. winds from the San Joaquin Valley and

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east winds off the Mojave Desert allow Climate more. However, the petition states that temperatures to be sufficiently warm The petition states that the altitude at the number of hours per day spent at the within the proposed AVA for grapes to which wine grapes can be grown maximum daily temperature is typically be grown at elevations over 4,000 feet. successfully is limited by events that longer than the number of hours spent Also within the proposed AVA, gentle can permanently damage or kill vines, at the minimum daily temperature, as slope angles reduce the risk of erosion such as spring and fall frost events and warmer winds from the Mojave Desert and allow cold air to drain away from low winter temperatures. Vitis vinifera and San Joaquin Valley increase after vineyards. Finally, the petition notes grapevines suffer permanent damage at dawn. As a result, vineyards in the that the intensity of sunlight, especially temperatures below about 0 to ¥5 proposed AVA have been able to fully in the short ultraviolet wavelengths, degrees Fahrenheit (F). The petition ripen late season varietals such as increases with altitude. As a result, states that typical winter lows within zinfandel, syrah, and cabernet grapes growing at high altitudes within the proposed Tehachapi Mountains sauvignon. the proposed AVA are exposed to higher AVA range from 35 to 26 degrees F. The petition included the following intensity ultraviolet light, which Further, the petitioner provided data climate data from within the proposed stimulates synthesis of phenolic from 2007 through 2016 showing that AVA and locations to the west, east, molecules. These molecules allow there was only one year where the north-northeast, and north-northwest of grapes to develop deep colors and thick minimum temperature within the the proposed AVA. The data was proposed AVA dropped below 10 collected between 2007 and 2016. Data skins, which leads to more degrees F, and that for five other years was not available from stations due concentrated, tannic wines. the minimum temperature within the north, or to the south, of the proposed proposed AVA was 15 degrees F or AVA.

TABLE—AVERAGE CLIMATE DATA

Lowest Highest Average minimum maximum length of Average growing Weather station location Elevation degree day (direction from proposed AVA) (in feet) temperature temperature growing (degrees (degrees season accumulations 3 Fahrenheit) Fahrenheit) (days) 2

Tehachapi (within) ...... 4,220 8 101 198 2,762 Bakersfield Airport (west) ...... 489 25 112 349 5,521 Edwards Air Force Base (East) ...... 2,283 3 128 231 4,881 (north-northeast) ...... 5,572 10 106 216 3,834 Five Mile (north-northeast) ...... 4,150 18 109 318 5,522 Johnsondale (north-northwest) ...... 4,700 -5 104 139 2,149 Hot Springs (north-northwest) ...... 3,720 15 109 245 3,529

The proposed Tehachapi Mountains differences in temperature and growing accumulations are sufficient to ripen AVA has cooler temperatures, a shorter degree day accumulations. Proximity to late season varietals. growing season, and fewer growing warm air from the Mojave Desert and, to degree days than the Bakersfield a lesser extent, the San Joaquin Valley Summary of Distinguishing Features location to the west, the Edwards Air plays an important role. For example, In summary, the topography and Force Base location to the east, the Hot the petition states that temperature climate of the proposed Tehachapi Springs station to the north-northwest, generally falls as elevation rises. As the Mountains AVA distinguish it from the and the Five Mile station to the north- Walker Pass weather station, to the surrounding regions. The proposed northeast. This is to be expected, since north-northeast of the AVA, is at the proposed AVA is at higher AVA has lower elevations than the significantly higher elevations than the regions to the north and south, and elevations than all four of these proposed AVA, it should therefore have locations. The proposed AVA has higher elevations than the regions to the lower average temperatures than the east and west. The proposed AVA has warmer temperatures, a longer growing proposed AVA, which would generally gentler slope angles than are found in season, and more growing degree days lead to a shorter growing season and each of the surrounding regions. The than the Johnsondale location to the fewer growing degree accumulations proposed AVA has warmer north-northwest, which is at higher than the proposed AVA. However, temperatures and a longer growing elevations and is also more sheltered because the Walker Pass station is on from the warm air of both the San the eastern flank of a mountain range season than a higher, more isolated Joaquin Valley and the Mojave Desert. and is directly exposed to warm air region to the north-northwest, and lower The petition states, however, that rising from the Mojave Desert, it has temperatures and a shorter growing elevation alone does not explain the warmer temperatures, a longer growing season than lower-elevation regions to season, and greater growing degree the east, west, north-northeast, and a 2 Base 30 degrees F. region in the north-northwest. The 3 See Albert J. Winkler et al., General Viticulture accumulations than the proposed AVA. proposed AVA is cooler and has a (Berkeley: University of California Press, 2nd ed. According to the petition, the 1974), pages 61–64. In the Winkler climate shorter growing season than Walker proposed Tehachapi Mountains AVA’s classification system, annual heat accumulation Pass to the north-northeast, which is at proximity to the San Joaquin Valley and during the growing season, measured in annual higher elevations but is more directly GDDs, defines climatic regions. One GDD Mojave Desert affects viticulture. Winter accumulates for each degree Fahrenheit that a day’s temperatures are well above vine-killing exposed to warm winds from the mean temperature is above 50 degrees F, the Mojave Desert. minimum temperature required for grapevine temperatures, and the growing season growth. length and growing degree day

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TTB Determination Public Participation acknowledge receipt of comments, and TTB considers all comments as Comments Invited TTB concludes that the petition to originals. establish the 58,000-acre Tehachapi TTB invites comments from interested In your comment, please clearly state Mountains AVA merits consideration members of the public on whether it if you are commenting for yourself or on and public comment, as invited in this should establish the proposed AVA. behalf of an association, business, or notice of proposed rulemaking. TTB is also interested in receiving other entity. If you are commenting on comments on the sufficiency and behalf of an entity, your comment must Boundary Description accuracy of the name, boundary, soils, include the entity’s name, as well as See the narrative description of the and other required information your name and position title. If you submitted in support of the petition. boundary of the petitioned-for AVA in comment via Regulations.gov, please Please provide any available specific the proposed regulatory text published enter the entity’s name in the information in support of your at the end of this proposed rule. ‘‘Organization’’ blank of the online comments. comment form. If you comment via Maps Because of the potential impact of the postal mail or hand delivery/courier, establishment of the proposed please submit your entity’s comment on The petitioner provided the required Tehachapi Mountains AVA on wine letterhead. maps, and they are listed below in the labels that include the term ‘‘Tehachapi You may also write to the proposed regulatory text. You may also Mountains’’ as discussed above under Administrator before the comment view the proposed Tehachapi Impact on Current Wine Labels, TTB is closing date to ask for a public hearing. Mountains AVA boundary on the AVA particularly interested in comments The Administrator reserves the right to Map Explorer on the TTB website, at regarding whether there will be a determine whether to hold a public https://www.ttb.gov/wine/ava-map- conflict between the proposed AVA hearing. explorer. name and currently used brand names. If a commenter believes that a conflict Confidentiality Impact on Current Wine Labels will arise, the comment should describe All submitted comments and attachments are part of the public record Part 4 of the TTB regulations prohibits the nature of that conflict, including any and subject to disclosure. Do not any label reference on a wine that anticipated negative economic impact that approval of the proposed AVA will enclose any material in your comments indicates or implies an origin other than have on an existing viticultural that you consider to be confidential or the wine’s true place of origin. For a enterprise. TTB is also interested in inappropriate for public disclosure. wine to be labeled with an AVA name, receiving suggestions for ways to avoid Public Disclosure at least 85 percent of the wine must be conflicts, for example, by adopting a derived from grapes grown within the modified or different name for the AVA. TTB will post, and you may view, area represented by that name, and the copies of this notice, selected wine must meet the other conditions Submitting Comments supporting materials, and any online or listed in § 4.25(e)(3) of the TTB You may submit comments on this mailed comments received about this regulations (27 CFR 4.25(e)(3)). If the notice by using one of the following proposal within Docket No. TTB–2020– wine is not eligible for labeling with an methods: 0006 on the Federal e-rulemaking AVA name and that name appears in the • Federal e-Rulemaking Portal: You portal, Regulations.gov, at https:// brand name, then the label is not in may send comments via the online www.regulations.gov. A direct link to compliance and the bottler must change comment form posted with this notice that docket is available on the TTB the brand name and obtain approval of within Docket No. TTB–2020–0006 on website at https://www.ttb.gov/wine/ a new label. Similarly, if the AVA name ‘‘Regulations.gov,’’ the Federal e- wine_rulemaking.shtml under Notice appears in another reference on the rulemaking portal, at https:// No. 191. You may also reach the label in a misleading manner, the bottler www.regulations.gov. A direct link to relevant docket through the would have to obtain approval of a new that docket is available under Notice Regulations.gov search page at https:// label. Different rules apply if a wine has No. 191 on the TTB website at https:// www.regulations.gov. For information a brand name containing an AVA name www.ttb.gov/wine/wine- on how to use Regulations.gov, click on that was used as a brand name on a rulemaking.shtml. Supplemental files the site’s ‘‘Help’’ tab. label approved before July 7, 1986. See may be attached to comments submitted All posted comments will display the § 4.39(i)(2) of the TTB regulations (27 via Regulations.gov. For complete commenter’s name, organization (if CFR 4.39(i)(2)) for details. instructions on how to use any), city, and State, and, in the case of Regulations.gov, visit the site and click mailed comments, all address If TTB establishes this proposed AVA, on the ‘‘Help’’ tab. information, including email addresses. its name, ‘‘Tehachapi Mountains,’’ will • U.S. Mail: You may send comments TTB may omit voluminous attachments be recognized as a name of viticultural via postal mail to the Director, or material that the Bureau considers significance under § 4.39(i)(3) of the Regulations and Rulings Division, unsuitable for posting. TTB regulations (27 CFR 4.39(i)(3)). The Alcohol and Tobacco Tax and Trade You may also obtain copies of this text of the proposed regulation clarifies Bureau, 1310 G Street NW, Box 12, proposed rule, all related petitions, this point. Consequently, wine bottlers Washington, DC 20005. maps and other supporting materials, using the name ‘‘Tehachapi Mountains’’ Please submit your comments by the and any electronic or mailed comments in a brand name, including a trademark, closing date shown above in this notice. that TTB receives about this proposal at or in another label reference as to the Your comments must reference Notice 20 cents per 8.5- x 11-inch page. Please origin of the wine, would have to ensure No. 191 and include your name and note that TTB is unable to provide that the product is eligible to use the mailing address. Your comments also copies of USGS maps or any similarly- AVA name as an appellation of origin if must be made in English, be legible, and sized documents that may be included this proposed rule is adopted as a final be written in language acceptable for as part of the AVA petition. Contact rule. public disclosure. TTB does not TTB’s Regulations and Rulings Division

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by email using the web form at https:// (2) Keene, CA, 2015; (13) Proceed south along Sand www.ttb.gov/contact-rrd, or by (3) Cummings Mountain, CA, 2015; Canyon Road, crossing onto the telephone at 202–453–1039, ext. 175, to (4) Tehachapi North, CA, 2015; Monolith map, to its intersection with request copies of comments or other (5) Tehachapi NE, CA, 2015; East Tehachapi Boulevard; then materials. (6) Monolith, CA, 2015; (14) Proceed southwesterly in a (7) Tehachapi South, CA, 2015; and straight line, crossing the railroad tracks Regulatory Flexibility Act (8) Tejon Ranch, CA, 2015. and State Route 58, to the 4,200-foot TTB certifies that this proposed (c) Boundary. The Tehachapi elevation contour; then regulation, if adopted, would not have Mountains viticultural area is located in (15) Proceed westerly along the 4,200- a significant economic impact on a Kern County, California. The boundary foot elevation contour to its intersection substantial number of small entities. of the Tehachapi Mountains viticultural with an unnamed intermittent creek; The proposed regulation imposes no area is as described below: then new reporting, recordkeeping, or other (1) The beginning point is on the Bear (16) Proceed southwest in a straight administrative requirement. Any benefit Mountain map at the intersection of the line to the 4,400-foot elevation contour; derived from the use of a viticultural 4,800-foot elevation contour and an then area name would be the result of a unnamed road known locally as Skyline (17) Proceed west along the 4,400-foot proprietor’s efforts and consumer Drive. From the beginning point, elevation contour, crossing onto the acceptance of wines from that area. proceed easterly along the 4,800-foot Tehachapi South map, to its intersection Therefore, no regulatory flexibility elevation contour, crossing onto the with Tehachapi-Willow Springs Road; analysis is required. Keene map, to the intersection of the then 4,800-foot elevation contour and (18) Proceed south along Tehachapi- Executive Order 12866 Horizon Court; then Willow Springs Road to its intersection It has been determined that this (2) Proceed south along Horizon Court with the 4,520-foot elevation contour; proposed rule is not a significant to its intersection with the 4,600-foot then regulatory action as defined by elevation contour; then (19) Proceed west in a straight line to Executive Order 12866 of September 30, (3) Proceed east, then north along the the intersection of the 4,840-foot 1993. Therefore, no regulatory meandering 4,600-foot elevation contour elevation contour and Snowshoe Lane; assessment is required. to its intersection with Shenandoah then Place; then (20) Proceed north in a straight line to Drafting Information (4) Proceed southeast in a straight line the 4,800-foot elevation contour; then Karen A. Thornton of the Regulations to the 4,400-foot elevation contour south (21) Proceed westerly along the 4,800- and Rulings Division drafted this notice of an unnamed road known locally as foot elevation contour, crossing onto the of proposed rulemaking. Big Sky Court; then Cummings Mountain map and over two (5) Proceed east, then north along the unnamed intermittent streams, and List of Subjects in 27 CFR Part 9 meandering 4,400-foot elevation contour continuing to the intersection of the Wine. to its intersection with Bear Valley 4,800-foot elevation contour and a third Road; then Proposed Regulatory Amendment unnamed intermittent stream; then (6) Proceed east in a straight line to (22) Proceed south in a straight line to For the reasons discussed in the the 4,600-foot elevation contour; then the 5,200-foot elevation contour; then preamble, TTB proposes to amend title (7) Proceed southeasterly along the (23) Proceed southerly along the 27, chapter I, part 9, Code of Federal 4,600-foot elevation contour, crossing 5,200-foot elevation contour to a point Regulations, as follows: onto the Cummings Mountain map and northeast of the southern terminus of continuing southeasterly, then northerly Arosa Road; then PART 9—AMERICAN VITICULTURAL along the 4,600-foot elevation contour, (24) Proceed east in a straight line, AREAS crossing back onto the Keene map, and crossing onto the Tehachapi South map continuing northerly along the 4,600- ■ 1. The authority citation for part 9 and over an unnamed road known foot elevation contour to a point due continues to read as follows: locally as Water Canyon Road, to the west of the intersection of Marcel Drive 5,400-foot elevation contour; then Authority: 27 U.S.C. 205. and an unnamed road known locally as (25) Proceed southeasterly, then Woodford-Tehachapi Road; then south, then southwesterly along the Subpart C—Approved American (8) Proceed east in a straight line to 5,400-foot elevation contour, crossing Viticultural Areas the intersection of Woodford-Tehachapi onto the Cummings Mountain map and ■ 2. Subpart C is amended by adding Road and Marcel Drive; then continuing to the intersection of the §9.ll to read as follows: (9) Proceed east in a straight line, 5,400-foot elevation contour with an crossing onto the Tehachapi North map unnamed road known locally as §9.ll Tehachapi Mountains. and crossing Tehachapi Creek, to the Matterhorn Drive; then (a) Name. The name of the viticultural 4,400-foot elevation contour northeast of (26) Proceed west in a straight line, area described in this section is the community of Cable, California; crossing Mountain Climber Way, to the ‘‘Tehachapi Mountains’’. For purposes then 4,600-foot elevation contour; then of part 4 of this chapter, ‘‘Tehachapi (10) Proceed easterly along the 4,400- (27) Proceed westerly along the 4,600- Mountains’’ is a term of viticultural foot elevation contour, crossing onto the foot elevation contour to its intersection significance. Tehachapi NE map, and continuing with High Gun Drive; then (b) Approved maps. The 8 United southeasterly along the 4,400-foot (28) Proceed south in a straight line to States Geological Survey (USGS) elevation contour to a point due west of the second intersection of the line with 1:24,000 scale topographic maps used to the terminus of Zephyr Court; then the 5,000-foot elevation contour; then determine the boundary of the (11) Proceed east in a straight line to (29) Proceed west in a straight line, Tehachapi Mountains viticultural area the terminus of Zephyr Court; then crossing onto the Tejon Ranch map, to are titled: (12) Proceed east in a straight line to the line’s intersection with an unnamed (1) Bear Mountain, CA, 2015; Sand Canyon Road; then 4-wheel drive road; then

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(30) Proceed northwesterly along the FMPs (island-based FMPs) would approval, or disapproval. The 4-wheel drive road to its intersection replace the existing U.S. Caribbean-wide Magnuson-Stevens Act also requires with the southern terminus of an FMPs and transition the management of that NMFS, upon receiving an FMP or unnamed road known locally as Carlisle Federal fisheries in the U.S. Caribbean amendment, publish an announcement Drive; then exclusive economic zone (EEZ) from a in the Federal Register notifying the (31) Proceed southwesterly in a U.S. Caribbean-wide approach to an public that the FMP or amendment is straight line to an unmarked 4,680-foot island-based approach. By developing available for review and comment. summit; then island-based FMPs, NMFS and the The Council has submitted three (32) Proceed north in a straight line to Council would better account for FMPs for review, approval, and the 3,640-foot elevation contour; then differences among the U.S. Caribbean implementation by NMFS. The FMPs (33) Proceed west in a straight line to islands with respect to culture, markets, are the Comprehensive FMP for the the 3,600-foot elevation contour; then fishing gear used, seafood preferences, Puerto Rico EEZ (Puerto Rico FMP), the (34) Proceed west, then northwesterly and ecological impacts. Comprehensive FMP for the St. Thomas along the 3,600-foot elevation contour to DATES: Written comments on the FMPs and St. John EEZ (St. Thomas and St. its intersection with an unnamed must be received by August 25, 2020. John FMP), and the Comprehensive intermittent stream northwest of Jack ADDRESSES: You may submit comments FMP for the St. Croix EEZ (St. Croix Springs Road; then on the FMPs, identified by ‘‘NOAA– FMP). If approved, the island-based (35) Proceed northeast in a straight NMFS–2019–0155’’, by either of the FMPs would be implemented by NMFS line, crossing onto the Bear Mountain following methods: through regulations at 50 CFR part 622 map, and continuing to the intersection • Electronic Submission: Submit all under the authority of the Magnuson- of the 4,800-foot elevation contour and electronic comments via the Federal e- Stevens Act. an unnamed intermittent creek west of Rulemaking Portal. Go to Rockspring Court; then Background www.regulations.gov/ (36) Proceed north along the 4,800- #!docketDetail;D=NOAA-NMFS-2019- Currently, the Council manages foot elevation to a point due west of the 0155, click the ‘‘Comment Now!’’ icon, fisheries under its authority under four intersection of the 4,800-foot point and complete the required fields, and enter U.S. Caribbean-wide FMPs: the FMP for an unnamed road known locally as or attach your comments. the Reef Fish Fishery of Puerto Rico and Skyline Drive; then • Mail: Submit all written comments the U.S. Virgin Islands (USVI) (Reef Fish (37) Proceed east in a straight line to to Sarah Stephenson, NMFS Southeast FMP), the FMP for the Spiny Lobster the beginning point. Regional Office, 263 13th Avenue Fishery of Puerto Rico and the USVI Signed: March 16, 2020. South, St. Petersburg, FL 33701. (Spiny Lobster FMP), the FMP for the Mary G. Ryan, Instructions: Comments sent by any Queen Conch Resources of Puerto Rico Acting Administrator. other method, to any other address or and the USVI (Queen Conch FMP), and Approved: June 9, 2020. individual, or received after the end of the FMP for the Corals and Reef the comment period may not be Timothy E. Skud, Associated Plants and Invertebrates of considered by NMFS. All comments Puerto Rico and the USVI (Coral FMP) Deputy Assistant Secretary (Tax, Trade, and received are a part of the public record Tariff Policy). through regulations implemented by and will generally be posted for public NMFS at 50 CFR part 622. [FR Doc. 2020–13138 Filed 6–25–20; 8:45 am] viewing on www.regulations.gov NMFS implemented the Spiny BILLING CODE 4810–31–P without change. All personal identifying Lobster FMP in 1984 (49 FR 50049, information (e.g., name, address, etc.), December 26, 1984), the Reef Fish FMP confidential business information, or in 1985 (50 FR 34850, August 28, 1985), DEPARTMENT OF COMMERCE otherwise sensitive information the Coral FMP in 1995 (60 FR 58221, submitted voluntarily by the sender will National Oceanic and Atmospheric November 27, 1995), and the Queen be publicly accessible. NMFS will Administration Conch FMP in 1996 (61 FR 65481, accept anonymous comments (enter ‘‘N/ December 13, 1996). Each FMP has been A’’ in the required fields if you wish to 50 CFR Part 622 amended on several occasions. Under remain anonymous). these FMPs, the Council and NMFS RIN 0648–BD32 Electronic copies of the FMPs may be manage fisheries across the entire U.S. obtained from www.regulations.gov or Caribbean. However, the Council Fisheries of the Caribbean, Gulf of the Southeast Regional Office website at applies certain management measures Mexico, and South Atlantic; https://www.fisheries.noaa.gov/ separately within Federal waters of Comprehensive Fishery Management southeast/sustainable-fisheries/ Puerto Rico, St. Thomas and St. John, Plans for Puerto Rico, St. Thomas and sustainable-fisheries-caribbean. Each and St. Croix based on the availability St. John, and St. Croix FMP includes an environmental of island-specific data. For example, the assessment (EA), regulatory impact AGENCY: National Marine Fisheries final rule implementing Amendment 5 Service (NMFS), National Oceanic and review, and fishery impact statement. to the Reef Fish FMP and Amendment Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: 2 to the Queen Conch FMP (2010 Commerce. Marı´a del Mar Lo´pez, NMFS Southeast Caribbean Annual Catch Limit (ACL) Regional Office, telephone: 727–824– ACTION: Notice of availability (NOA); Amendment) (76 FR 82404, December 5305, or email: [email protected]. request for comments. 30, 2011) defined the fishery SUPPLEMENTARY INFORMATION: The management boundaries of the U.S. SUMMARY: The Caribbean Fishery Magnuson-Stevens Fishery Caribbean EEZ for Puerto Rico, St. Management Council (Council) has Conservation and Management Act Thomas and St. John, and St. Croix, and submitted three fishery management (Magnuson-Stevens Act) requires each established separate, island-specific plans (FMPs) for review, approval, and regional fishery management council to ACLs and accountability measures (AM) implementation by NMFS. If approved submit any FMP or amendment to for species addressed in those FMP by the Secretary of Commerce, the new NMFS for review and approval, partial amendments.

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