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

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Federal Register/Vol. 85, No. 124/Friday, June 26, 2020 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 Tehachapi Mountains 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, California. 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 VerDate Sep<11>2014 16:53 Jun 25, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 jbell on DSKJLSW7X2PROD with PROPOSALS 38346 Federal Register / Vol. 85, No. 124 / Friday, June 26, 2020 / Proposed Rules 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 Mojave Desert. 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 Sierra Nevada 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 San Joaquin Valley 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.
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