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. 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 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, . 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.

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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 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 and , 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). proposed AVA is sufficiently distinct AVA. The proposed AVA receives an Part 4 of the TTB regulations (27 CFR from the existing AVA and therefore average of 8.76 inches of precipitation part 4) authorizes TTB to establish appropriate for separate recognition; annually, with a minimum of 6.65 definitive viticultural areas and regulate • The appropriate United States inches and a maximum of 10.44 inches. the use of their names as appellations of Geological Survey (USGS) map(s) Low annual rainfall amounts mean that origin on wine labels and in wine showing the location of the proposed within the proposed AVA advertisements. Part 9 of the TTB AVA, with the boundary of the require supplemental irrigation. regulations (27 CFR part 9) sets forth proposed AVA clearly drawn thereon; The topography of the proposed The standards for the preparation and and Burn of Columbia Valley AVA is submission to TTB of petitions for the • A detailed narrative description of comprised of gently sloping bench lands establishment or modification of the proposed AVA boundary based on above the . The average American viticultural areas (AVAs) and USGS map markings. slope angle within the proposed AVA is lists the approved AVAs. The Burn of Columbia Valley Petition 7.27 percent, which is suitable for Definition mechanical cultivation of vineyards, yet TTB received a petition from Kevin is steep enough to avoid the pooling of Section 4.25(e)(1)(i) of the TTB Corliss, Vice President of Vineyards for cold air that could damage grapes. The regulations (27 CFR 4.25(e)(1)(i)) defines Ste. Michelle Wine Estates, Joan R. proposed AVA also has a large, a viticultural area for American wine as Davenport, Professor of Soil Sciences at contiguous expanse of land with a delimited grape-growing region having Washington State University, and John easterly and southern aspects, as well as distinguishing features, as described in Derrick, Vice President of Operations for a southeasterly aspect, which allows part 9 of the regulations, and a name Mercer Ranches, Inc., proposing to excellent sunlight exposure for and a delineated boundary, as establish ‘‘The Burn of Columbia vineyards. established in part 9 of the regulations. Valley’’ AVA. The proposed AVA is To the east-northeast and northwest of These designations allow vintners and located in Klickitat County, the proposed AVA, the soils include consumers to attribute a given quality, Washington, and lies entirely within the series and complexes that are not reputation, or other characteristic of a established Columbia Valley AVA (27 wine made from grapes grown in an area CFR 9.74). Within the 16,870-acre 1 See Albert J. Winkler et al., General Viticulture to the wine’s geographic origin. The proposed AVA, there are 3 commercial (Berkeley: University of California Press, 2nd. ed. establishment of AVAs allows vintners vineyards, which cover a total of 1974), pages 61–64. In the Winkler scale, the GDD regions are defined as follows: Region I = less than to describe more accurately the origin of approximately 1,261 acres and are 2,500 GDDs; Region II = 2,501–3,000 GDDs; Region their wines to consumers and helps owned by two different entities. The III = 3,001–3,500 GDDs; Region IV = 3,501–4,000 consumers to identify wines they may distinguishing features of the proposed GDDs; Region V = greater than 4,000 GDDs.

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present within the proposed AVA, comments on whether the geographic indicating a climate that is slightly including the Renslow–Ralls–Whipple features of the proposed AVA are so warmer than the rest of the much larger complex, Van Nostern silt loam, Van distinguishable from the established Columbia Valley AVA. Additionally, Nostern–Bakeoven complex, Colockum– Columbia Valley AVA that the proposed because the proposed The Burn of Cheviot complex, Swalecreek–Rockley AVA should no longer be part of the Columbia Valley AVA is much smaller complex, and Goldendale silt loam. established AVA. The comment period than the Columbia Valley AVA, the Average annual GDD accumulations to closed July 27, 2020. proposed AVA has a greater uniformity the east-northeast and northwest of the In response to Notice No. 190, TTB of characteristics within its boundaries. proposed AVA are lower, and average received 13 comments. The commenters Boundary Description annual rainfall amounts are higher than included local wine industry members, within the proposed AVA. In the region local wine consumers, the Goldendale See the narrative description of the to the south of the proposed AVA, the Chamber of Commerce, the Klickitat boundary of The Burn of Columbia soils contain series and complexes also County Natural Resources & Economic Valley AVA in the regulatory text not present within the proposed AVA, Development Department, and the published at the end of this final rule. including Ritzville silt loam, Willis silt Columbia–Snake Rivers Irrigators Maps loam, and Roloff–Rock outcrop Association. Eleven of the comments complex. Average annual GDD support creating the proposed The Burn The petitioners provided the required accumulations are higher in the region of Columbia Valley AVA so as to maps, and they are listed below in the south of the proposed AVA, as are distinguish this region from other areas regulatory text. The Burn of Columbia average annual precipitation amounts. within the established Columbia Valley Valley AVA boundary may also be Additionally, in the region to the west AVA. One of the comments (comment viewed on the AVA Map Explorer on of the proposed AVA, the soils contain 12) did not specifically express support the TTB website, at https://www.ttb.gov/ complexes not present within the for or opposition to the proposed AVA, wine/ava-map-explorer. proposed AVA, including the Cheviot– but did state that the geography and Impact on Current Wine Labels Tronsen complex, Goodnoe– climate of the proposed The Burn of Swalecreek–Horseflat complex, and Columbia Valley AVA are ‘‘significantly Part 4 of the TTB regulations prohibits Asotin silt loam. The region to the west different than the existing Columbia any label reference on a wine that of the proposed AVA has lower annual Valley AVA.’’ Only one comment indicates or implies an origin other than GDD accumulations and higher average (comment 13), submitted by an the wine’s true place of origin. For a annual rainfall amounts. When anonymous commenter, opposed wine to be labeled with an AVA name compared to the proposed The Burn of establishing the proposed AVA. The or with a brand name that includes an Columbia Valley AVA, each of the commenter stated their belief that the AVA name, at least 85 percent of the surrounding regions has higher average proposed The Burn of Columbia Valley wine must be derived from grapes slope angles except the region to the AVA was not sufficiently grown within the area represented by south, which has lower average slope distinguishable from the nearby that name, and the wine must meet the angles. established Horse Heaven Hills AVA (27 other conditions listed in 27 CFR CFR 9.188) and should be included in 4.25(e)(3). If the wine is not eligible for Notice of Proposed Rulemaking and that AVA instead of recognized as a new labeling with an AVA name and that Comments Received AVA. However, the comment did not name appears in the brand name, then TTB published Notice No. 190 in the include any evidence to support this the label is not in compliance and the Federal Register on May 27, 2020 (85 claim. bottler must change the brand name and FR 31718), proposing to establish The obtain approval of a new label. Burn of Columbia Valley AVA. In the TTB Determination Similarly, if the AVA name appears in notice, TTB summarized the evidence After careful review of the petition another reference on the label in a from the petition regarding the name, and the comments received in response misleading manner, the bottler would boundary, and distinguishing features to Notice No. 190, TTB finds that the have to obtain approval of a new label. for the proposed AVA. The notice also evidence provided by the petitioner Different rules apply if a wine has a compared the distinguishing features of supports the establishment of The Burn brand name containing an AVA name the proposed AVA to the surrounding of Columbia Valley AVA. Accordingly, that was used as a brand name on a areas. For a detailed description of the under the authority of the FAA Act, label approved before July 7, 1986. See evidence relating to the name, section 1111(d) of the Homeland 27 CFR 4.39(i)(2) for details. boundary, and distinguishing features of Security Act of 2002, and parts 4 and 9 With the establishment of The Burn of the proposed AVA, and for a detailed of the TTB regulations, TTB establishes Columbia Valley AVA, its name, ‘‘The comparison of the distinguishing the ‘‘The Burn of Columbia Valley’’ Burn of Columbia Valley,’’ will be features of the proposed AVA to the AVA in Klickitat County, Washington, recognized as a name of viticultural surrounding areas, see Notice No. 190. effective 30 days from the publication significance under § 4.39(i)(3) of the In Notice No. 190, TTB solicited date of this document. TTB regulations (27 CFR 4.39(i)(3)). The comments on the accuracy of the name, TTB has also determined that The text of the regulations clarifies this boundary, and other required Burn of Columbia Valley AVA will point. Consequently, wine bottlers using information submitted in support of the remain part of the established Columbia the name ‘‘The Burn of Columbia petition. In addition, given the proposed Valley AVA. As discussed in Notice No. Valley’’ in a brand name, including a The Burn of Columbia Valley AVA’s 190, The Burn of Columbia Valley AVA trademark, or in another label reference location within the Columbia Valley shares some broad characteristics with as to the origin of the wine, will have AVA, TTB solicited comments on the established AVA. For example, the to ensure that the product is eligible to whether the evidence submitted in the proposed AVA and the Columbia Valley use the AVA name as an appellation of petition regarding the distinguishing AVA both have similar average annual origin. features of the proposed AVA rainfall amounts. However, the TTB is not designating ‘‘The Burn,’’ sufficiently differentiates it from the proposed AVA can accumulate standing alone, as a term of viticultural established AVA. TTB also requested maximum GDDs of over 3,000 annually, significance because the term ‘‘The

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Burn’’ is used to refer to multiple areas Subpart C—Approved American Signed: January 4, 2021. in the United States. Therefore, wine Viticultural Areas Mary G. Ryan, bottlers using ‘‘The Burn,’’ standing Administrator. alone, in a brand name or in another ■ 2. Subpart C is amended by adding Approved: January 5, 2021. label reference on their wines will not § 9.276 to read as follows: Timothy E. Skud, be affected by the establishment of this Deputy Assistant Secretary (Tax, Trade, and AVA. § 9.276 The Burn of Columbia Valley. Tariff Policy). The establishment of The Burn of (a) Name. The name of the viticultural [FR Doc. 2021–12771 Filed 6–16–21; 8:45 am] Columbia Valley AVA will not affect the area described in this section is ‘‘The BILLING CODE 4810–31–P existing Columbia Valley AVA, and any Burn of Columbia Valley’’. For purposes bottlers using ‘‘Columbia Valley’’ as an of part 4 of this chapter, ‘‘The Burn of appellation of origin or in a brand name Columbia Valley’’ is a term of DEPARTMENT OF DEFENSE for wines made from grapes grown viticultural significance. within the Columbia Valley will not be Office of the Secretary affected by the establishment of this (b) Approved maps. The four United States Geological Survey (USGS) new AVA. The establishment of The 32 CFR Part 45 Burn of Columbia Valley AVA will 1:24,000 scale topographic maps used to allow vintners to use ‘‘The Burn of determine the boundary of The Burn of [Docket ID: DOD–2021–OS–0047] Columbia Valley’’ and ‘‘Columbia Columbia Valley viticultural area are RIN 0790–AL22 Valley’’ as appellations of origin for titled: wines made primarily from grapes (1) Sundale NW, OR–WA, 2017; Medical Malpractice Claims by Members of the Uniformed Services grown within The Burn of Columbia (2) Goodnoe Hills, WA, 2017; Valley AVA if the wines meet the (3) Dot, WA, 2017; and AGENCY: Department of Defense (DoD) eligibility requirements for these Office of General Counsel, DoD. appellations. (4) Sundale, WA–OR, 2017. ACTION: Interim final rule. Regulatory Flexibility Act (c) Boundary. The Burn of Columbia Valley viticultural area is located in SUMMARY: This interim final rule TTB certifies that this regulation will Klickitat County in Washington. The implements requirements of the not have a significant economic impact boundary of The Burn of Columbia National Defense Authorization Act on a substantial number of small Valley viticultural area is as described (NDAA) for Fiscal Year 2020 permitting entities. The regulation imposes no new below: members of the uniformed services or reporting, recordkeeping, or other (1) The beginning point is on the their authorized representatives to file administrative requirement. Any benefit claims for personal injury or death derived from the use of an AVA name Sundale NW map, at the intersection of the Columbia River and the east shore caused by a Department of Defense would be the result of a proprietor’s (DoD) health care providers s in certain efforts and consumer acceptance of of Paterson Slough. From the beginning point, proceed northerly along the east military medical treatment facilities. wines from that area. Therefore, no Because Federal courts do not have shore of Paterson Slough to its junction regulatory flexibility analysis is jurisdiction to consider these claims, with Rock Creek, and continuing required. DoD is issuing this rule to provide northeasterly along Rock Creek to its uniform standards and procedures for Executive Order 12866 intersection with the boundary of the considering and processing these Yakima Nation Trust Land; then It has been determined that this final actions. rule is not a significant regulatory action (2) Proceed south, then east, then DATES: This interim final rule is in effect as defined by Executive Order 12866 of generally northeasterly along the boundary of the Yakima Nation Trust July 19, 2021. Comments must be September 30, 1993. Therefore, no received by August 16, 2021. regulatory assessment is required. Land, crossing onto the Goodnoe Hills map, to the intersection of the Trust ADDRESSES: You may submit comments, Drafting Information Land boundary with Kelley Road; then identified by docket number and/or Regulatory Information Number (RIN) Karen A. Thornton of the Regulations (3) Proceed north in a straight line to number and title, by any of the and Rulings Division drafted this final the intersection with the main channel following methods: rule. of Chapman Creek; then • Federal Rulemaking Portal: http:// List of Subjects in 27 CFR Part 9 (4) Proceed southeasterly www.regulations.gov. Follow the (downstream) along Chapman Creek, instructions for submitting comments. Wine. crossing over the Dot map and onto the • Mail: The DoD cannot receive The Regulatory Amendment Sundale map, to the intersection of written comments at this time due to the Chapman Creek with its southernmost COVID–19 pandemic. Comments should For the reasons discussed in the tributary; then be sent electronically to the docket preamble, TTB amends title 27, chapter (5) Proceed due east in a straight line listed above. I, part 9, Code of Federal Regulations, as to the creek running through Old Lady Instructions: All submissions received follows: Canyon; then must include the agency name and docket number or RIN for this Federal PART 9—AMERICAN VITICULTURAL (6) Proceed southerly along the creek Register document. The general policy AREAS to its intersection with the northern for comments and other submissions shoreline of the Columbia River; then from members of the public is to make ■ 1. The authority citation for part 9 (7) Proceed westerly along the these submissions available for public continues to read as follows: northern shoreline of the Columbia viewing at http://www.regulations.gov Authority: 27 U.S.C. 205. River, returning to the beginning point. as they are received without change,

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