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Federal Register/Vol. 86, No. 115/Thursday, June 17, 2021/Rules and Regulations

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Federal Register/Vol. 86, No. 115/Thursday, June 17, 2021/Rules and Regulations Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations 32191 the ‘‘Palos Verdes Peninsula’’ AVA in derived from the use of an AVA name of the Pacific Ocean and the Torrance Los Angeles County, California, would be the result of a proprietor’s corporate boundary at Malaga Cove, effective 30 days from the publication efforts and consumer acceptance of R14W/T4S; then date of this document. wines from that area. Therefore, no (2) From the beginning point, proceed regulatory flexibility analysis is east, then generally southeast, along the Boundary Description required. Torrance corporate boundary, crossing See the narrative description of the onto the Torrance map, to the corporate boundary of the Palos Verdes Peninsula Executive Order 12866 boundary’s intersection with the Lomita AVA in the regulatory text published at It has been determined that this final corporate boundary, R14W/T4S; then the end of this final rule. rule is not a significant regulatory action (3) Proceed generally southeast along as defined by Executive Order 12866 of Maps the Lomita corporate boundary to its September 30, 1993. Therefore, no intersection with Western Avenue, The petitioners provided the required regulatory assessment is required. R14W/T4S; then maps, and they are listed below in the (4) Proceed south along Western Drafting Information regulatory text. You may also view the Avenue, crossing onto the San Pedro Palos Verdes Peninsula AVA boundary Karen A. Thornton of the Regulations map, to the road’s intersection with the on the AVA Map Explorer on the TTB and Rulings Division drafted this final Los Angeles city boundary, R14W/T5S; website, at https://www.ttb.gov/wine/ rule. then ava-map-explorer. List of Subjects in 27 CFR Part 9 (5) Proceed west, then generally Impact on Current Wine Labels south, then southwest along the Los Wine. Angeles city boundary to its intersection Part 4 of the TTB regulations prohibits The Regulatory Amendment with the Pacific Ocean at Palos Verdes any label reference on a wine that Peninsula Park, R14W/T5S; then indicates or implies an origin other than For the reasons discussed in the (6) Proceed clockwise along the the wine’s true place of origin. For a preamble, TTB amends title 27, chapter Pacific coastline to return to the wine to be labeled with an AVA name I, part 9, Code of Federal Regulations, as beginning point. or with a brand name that includes an follows: AVA name, at least 85 percent of the Signed: December 1, 2020. wine must be derived from grapes PART 9—AMERICAN VITICULTURAL Mary G. Ryan, grown within the area represented by AREAS Administrator. Approved: January 5, 2021. that name, and the wine must meet the ■ 1. The authority citation for part 9 Timothy E. Skud, other conditions listed in 27 CFR continues to read as follows: 4.25(e)(3). If the wine is not eligible for Deputy Assistant Secretary (Tax, Trade, and labeling with an AVA name and that Authority: 27 U.S.C. 205. Tariff Policy). name appears in the brand name, then Subpart C—Approved American [FR Doc. 2021–12770 Filed 6–16–21; 8:45 am] the label is not in compliance and the Viticultural Areas BILLING CODE 4810–31–P bottler must change the brand name and obtain approval of a new label. ■ 2. Subpart C is amended by adding Similarly, if the AVA name appears in § 9.274 to read as follows: DEPARTMENT OF THE TREASURY another reference on the label in a misleading manner, the bottler would § 9.274 Palos Verdes Peninsula. Alcohol and Tobacco Tax and Trade have to obtain approval of a new label. (a) Name. The name of the viticultural Bureau Different rules apply if a wine has a area described in this section is ‘‘Palos brand name containing an AVA name Verdes Peninsula’’. For purposes of part 27 CFR Part 9 that was used as a brand name on a 4 of this chapter, ‘‘Palos Verdes [Docket No. TTB–2020–0005; T.D. TTB–168; label approved before July 7, 1986. See Peninsula’’ is a term of viticultural Ref: Notice No. 190] 27 CFR 4.39(i)(2) for details. significance. With the establishment of the Palos (b) Approved maps. The three United RIN 1513–AC60 Verdes Peninsula AVA, its name, ‘‘Palos States Geological Survey (USGS) Establishment of The Burn of Verdes Peninsula,’’ will be recognized 1:24,000 scale topographic maps used to Columbia Valley Viticultural Area as a name of viticultural significance determine the boundary of the Palos under § 4.39(i)(3) of the TTB regulations Verdes Peninsula viticultural area are AGENCY: Alcohol and Tobacco Tax and (27 CFR 4.39(i)(3)). The text of the titled: Trade Bureau, Treasury. regulations clarifies this point. (1) Redondo Beach, CA, 1996; ACTION: Final rule; Treasury decision. Consequently, wine bottlers using the (2) Torrance, Calif., 1964 name ‘‘Palos Verdes Peninsula’’ in a (photorevised 1981); and SUMMARY: The Alcohol and Tobacco Tax brand name, including a trademark, or (3) San Pedro Calif., 1964 and Trade Bureau (TTB) establishes the in another label reference as to the (photorevised 1981). approximately 16,870-acre ‘‘The Burn of origin of the wine, will have to ensure (c) Boundary. The Palos Verdes Columbia Valley’’ viticultural area in that the product is eligible to use the Peninsula viticultural area is located in Klickitat County, Washington. The AVA name as an appellation of origin. the southwestern coastal region of Los newly-established The Burn of Angeles County, and contains the cities Columbia Valley viticultural area is Regulatory Flexibility Act of Palos Verdes Estates, Rolling Hills, located entirely within the existing TTB certifies that this regulation will Rolling Hills Estates, and Rancho Palos Columbia Valley viticultural area. TTB not have a significant economic impact Verdes, California. The boundary of the designates viticultural areas to allow on a substantial number of small Palos Verdes Peninsula viticultural area vintners to better describe the origin of entities. The regulation imposes no new is as described below: their wines and to allow consumers to reporting, recordkeeping, or other (1) The beginning point is on the better identify wines they may administrative requirement. Any benefit Redondo Beach map at the intersection purchase. VerDate Sep<11>2014 17:19 Jun 16, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\17JNR1.SGM 17JNR1 lotter on DSK11XQN23PROD with RULES1 32192 Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations DATES: This final rule is effective July purchase. Establishment of an AVA is The Burn of Columbia Valley AVA are 19, 2021. neither an approval nor an endorsement its soils, climate, and topography. FOR FURTHER INFORMATION CONTACT: by TTB of the wine produced in that The soils of the proposed The Burn of Karen A. Thornton, Regulations and area. Columbia Valley are primarily silty loams in the taxonomic order Mollisols. Rulings Division, Alcohol and Tobacco Requirements Tax and Trade Bureau, 1310 G Street The soils are described as having good NW, Box 12, Washington, DC 20005; Section 4.25(e)(2) of the TTB plant-available water holding capacity phone 202–453–1039, ext. 175. regulations (27 CFR 4.25(e)(2)) outlines that are capable of delivering sufficient SUPPLEMENTARY INFORMATION: the procedure for proposing an AVA water to the vines during the growing and provides that any interested party season. The soils are also relatively high Background on Viticultural Areas may petition TTB to establish a grape- in organic material and provide TTB Authority growing region as an AVA. Section 9.12 adequate nutrients, particularly of the TTB regulations (27 CFR 9.12) nitrogen, to the vines. The most Section 105(e) of the Federal Alcohol prescribes standards for petitions for the common soil series and complexes in Administration Act (FAA Act), 27 establishment or modification of AVAs. the proposed AVA are Walla Walla silt U.S.C. 205(e), authorizes the Secretary Petitions to establish an AVA must loam (without cemented substratum), of the Treasury to prescribe regulations include the following: Rock outcrop–Haploxeroll complex, for the labeling of wine, distilled spirits, • Evidence that the area within the Haploxeroll–Fluvaquent complex, and malt beverages. The FAA Act proposed AVA boundary is nationally Fluventic Haploxeroll–Riverwash provides that these regulations should, or locally known by the AVA name complex, Rock outcrop Rubble and among other things, prohibit consumer specified in the petition; Complex, Wato silt loam, Walla Walla deception and the use of misleading • An explanation of the basis for silt loam (with cemented substratum), statements on labels, and ensure that defining the boundary of the proposed Endicott silt loam, and Endicott–Moxee labels provide the consumer with AVA; complex. adequate information as to the identity • A narrative description of the The climate within the proposed The and quality of the product. The Alcohol features of the proposed AVA affecting Burn of Columbia Valley AVA is and Tobacco Tax and Trade Bureau viticulture, such as climate, geology, characterized by an average annual (TTB) administers the FAA Act soils, physical features, and elevation, growing degree day 1 (GDD) pursuant to section 1111(d) of the that make the proposed AVA distinctive accumulation of 2,763 GDDs, with a Homeland Security Act of 2002, and distinguish it from adjacent areas minimum of 2,405 GDDs and a codified at 6 U.S.C. 531(d). The outside the proposed AVA; maximum of 3,249 GDDs. The average Secretary has delegated the functions • If the proposed AVA is to be annual GDD accumulations favor the and duties in the administration and established within, or overlapping, an production of grape varietals with enforcement of these provisions to the existing AVA, an explanation that both higher heat unit requirements, such as TTB Administrator through Treasury identifies the attributes of the proposed Cabernet Sauvignon and Syrah, which Order 120–01, dated December 10, 2013 AVA that are consistent with the are the two most commonly grown (superseding Treasury Order 120–01, existing AVA and explains how the grape varietals within the proposed dated January 24, 2003).
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