Federal Register/Vol. 80, No. 41/Tuesday, March 3, 2015/Proposed
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Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules 11355 Examples of Survey Terms viticultural area and the larger, and duties in the administration and Certification: A section of the survey in multicounty Central Coast viticultural enforcement of this law. which a person (an authorizing official) area. TTB designates viticultural areas Part 4 of the TTB regulations (27 CFR certifies that the information supplied in to allow vintners to better describe the part 4) authorizes TTB to define response to the survey is complete and origin of their wines and to allow viticultural areas and sets out correct, to the best of the person’s knowledge. consumers to better identify wines they requirements for the use of their names Facility: A building or the minimum may purchase. TTB invites comments as appellations of origin on wine labels complex of buildings or parts of buildings in and in wine advertisements. Part 9 of which a person operates to serve a particular on this proposed addition to its function, producing revenue and incurring regulations. the TTB regulations (27 CFR part 9) sets forth standards for the preparation and costs for the person. A facility may produce DATES: Comments must be received by submission to TTB of petitions for the an item of tangible or intangible property or May 4, 2015. may perform a service. It may encompass a establishment or modification of floor or group of floors within a building, a ADDRESSES: Please send your comments American viticultural areas (AVAs) and single building, or a group of buildings or on this document to one of the lists the approved AVAs. structures. Often, a facility is a group of following addresses: related locations at which employees work, • Internet: http://www.regulations.gov Definition together constituting a profit-and-loss center (via the online comment form for this Section 4.25(e)(1)(i) of the TTB for the person, and it may be identified by document as posted within Docket No. regulations (27 CFR 4.25(e)(1)(i)) defines a unique Dun and Bradstreet number. TTB–2015–0004 at ‘‘Regulations.gov,’’ a viticultural area for American wine as Sole source: An organization that is the the Federal e-rulemaking portal); a delimited grape-growing region having only source for the supply of parts, • U.S. Mail: Director, Regulations and components, materials, or services. No distinguishing features, as described in alternative U.S. or non-U.S. based supplier Rulings Division, Alcohol and Tobacco part 9 of the regulations, and a name exists other than the current supplier. Tax and Trade Bureau, 1310 G Street and a delineated boundary, as Survey template: The data collection NW., Box 12, Washington, DC 20005; or established in part 9 of the regulations. • instrument supplied by BIS to persons by Hand delivery/courier in lieu of These designations allow vintners and which survey information is recorded and mail: Alcohol and Tobacco Tax and consumers to attribute a given quality, submitted to BIS. The survey is generally Trade Bureau, 1310 G Street NW., Suite reputation, or other characteristic of a organized in a question and answer format 200–E, Washington, DC 20005. wine made from grapes grown in an area and is presented on an electronic survey See the Public Participation section of system. to the wine’s geographic origin. The this document for specific instructions establishment of AVAs allows vintners Supplier: An entity from which your and requirements for submitting organization obtains inputs. A supplier may to describe more accurately the origin of be another firm with which you have a comments, and for information on how their wines to consumers and helps contractual relationship, or it may be another to request a public hearing or view or consumers to identify wines they may facility owned by the same parent request copies of the petition and purchase. Establishment of an AVA is organization. The inputs may be materials, supporting materials. neither an approval nor an endorsement products or services. FOR FURTHER INFORMATION CONTACT: by TTB of the wine produced in that Dated: February 24, 2015. Karen A. Thornton, Regulations and area. Rulings Division, Alcohol and Tobacco Kevin J. Wolf, Requirements Assistant Secretary for Export Tax and Trade Bureau, 1310 G Street Administration. NW., Box 12, Washington, DC 20005; Section 4.25(e)(2) of the TTB [FR Doc. 2015–04299 Filed 3–2–15; 8:45 am] phone 202–453–1039, ext. 175. regulations (27 CFR 4.25(e)(2)) outlines the procedure for proposing an AVA BILLING CODE 3510–01–P SUPPLEMENTARY INFORMATION: and provides that any interested party Background on Viticultural Areas may petition TTB to establish a grape- TTB Authority growing region as an AVA. Section 9.12 DEPARTMENT OF THE TREASURY of the TTB regulations (27 CFR 9.12) Section 105(e) of the Federal Alcohol prescribes the standards for petitions Alcohol and Tobacco Tax and Trade Administration Act (FAA Act), 27 Bureau requesting the establishment or U.S.C. 205(e), authorizes the Secretary modification of AVAs. Petitions to of the Treasury to prescribe regulations 27 CFR Part 9 establish an AVA must include the for the labeling of wine, distilled spirits, following: [Docket No. TTB–2015–0004; Notice No. and malt beverages. The FAA Act • Evidence that the region within the 148] provides that these regulations should, proposed AVA boundary is nationally among other things, prohibit consumer RIN 1513–AC11 or locally known by the AVA name deception and the use of misleading specified in the petition; • Proposed Establishment of the Los statements on labels and ensure that An explanation of the basis for Olivos District Viticultural Area labels provide the consumer with defining the boundary of the proposed adequate information as to the identity AVA; AGENCY: Alcohol and Tobacco Tax and and quality of the product. The Alcohol • A narrative description of the Trade Bureau, Treasury. and Tobacco Tax and Trade Bureau features of the proposed AVA affecting ACTION: Notice of proposed rulemaking. (TTB) administers the FAA Act viticulture, such as climate, geology, pursuant to section 1111(d) of the soils, physical features, and elevation, SUMMARY: The Alcohol and Tobacco Tax Homeland Security Act of 2002, that make the proposed AVA distinctive and Trade Bureau (TTB) proposes to codified at 6 U.S.C. 531(d). The and distinguish it from adjacent areas establish the approximately 22,820-acre Secretary has delegated various outside the proposed viticultural AVA; ‘‘Los Olivos District’’ viticultural area in authorities through Treasury • The appropriate United States Santa Barbara County, California. The Department Order 120–01 (Revised), Geological Survey (USGS) map(s) proposed viticultural area lies entirely dated December 10, 2013, to the TTB showing the location of the proposed within the Santa Ynez Valley Administrator to perform the functions AVA, with the boundary of the VerDate Sep<11>2014 17:16 Mar 02, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 11356 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules proposed AVA clearly drawn thereon; within the proposed AVA use the name because there are no significant hills or and ‘‘Los Olivos,’’ including the Los Olivos mountains within the proposed AVA to • A detailed narrative description of Library, the Los Olivos Post Office, and block the rainfall and fog or to shade the the proposed AVA boundary based on the Los Olivos Elementary School. vineyards. USGS map markings. The proposed Los Olivos District is Boundary Evidence surrounded by higher elevations and Los Olivos District Petition The boundary of the proposed Los mountainous terrain in all directions. TTB received a petition from C. Olivos District AVA separates the low, To the north are the San Rafael Frederic Brander, owner and winemaker relatively flat plain that comprises the Mountains, with steep slopes and of the Brander Vineyard, proposing the proposed AVA from the higher elevations reaching over 2,000 feet. To establishment of the approximately elevations and more rugged and the east is the Happy Canyon of Santa 22,820-acre ‘‘Los Olivos District’’ AVA mountainous terrain that surround the Barbara AVA, which is marked by in Santa Barbara County, California. proposed AVA in all directions. The steeper terrain, rolling hills, and There are 12 bonded wineries and northern portion of the proposed canyons. Elevations within the portion approximately 47 commercially boundary follows the 1,000-foot of the Happy Canyon of Santa Barbara producing vineyards covering a total of elevation contour through the lower AVA immediately adjacent to the 1,120 acres within the proposed AVA. foothills of the San Rafael Mountains proposed AVA reach heights of 1,600 According to the petition, the and approximates the point above feet. To the south of the proposed AVA distinguishing features of the proposed which marine fog does not reach. The are the Santa Ynez Mountains and the Los Olivos District AVA include its eastern portion of the proposed Los Padres National Forest, which have topography, soils, and climate. Unless boundary follows straight lines drawn elevations reaching over 3,000 feet and otherwise noted, all information and between points shown on the USGS steep, rugged terrain unsuitable for data pertaining to the proposed AVA maps and separates the proposed AVA commercial viticulture. To the west of contained in this document are from the from the canyon lands of the Happy the proposed AVA is the Ballard petition for the proposed Los Olivos Canyon of Santa Barbara AVA. The Canyon AVA, which has rolling hills, District AVA and its supporting southern portion of the proposed maze-like canyons, and elevations exhibits.