Federal Register/Vol. 84, No. 199/Tuesday, October 15, 2019
Total Page:16
File Type:pdf, Size:1020Kb
55082 Federal Register / Vol. 84, No. 199 / Tuesday, October 15, 2019 / Proposed Rules DEPARTMENT OF THE TREASURY among other things, prohibit consumer or locally known by the AVA name deception and the use of misleading specified in the petition; Alcohol and Tobacco Tax and Trade statements on labels and ensure that • An explanation of the basis for Bureau labels provide the consumer with defining the boundary of the proposed adequate information as to the identity AVA; 27 CFR Part 9 and quality of the product. The Alcohol • A narrative description of the [Docket No. TTB–2019–0007; Notice No. and Tobacco Tax and Trade Bureau features of the proposed AVA affecting 185] (TTB) administers the FAA Act viticulture, such as climate, geology, pursuant to section 1111(d) of the soils, physical features, and elevation, RIN 1513–AC51 Homeland Security Act of 2002, that make the proposed AVA distinctive codified at 6 U.S.C. 531(d). The Proposed Establishment of the Alisos and distinguish it from adjacent areas Secretary has delegated various outside the proposed AVA; Canyon Viticultural Area authorities through Treasury Order 120– • The appropriate United States AGENCY: Alcohol and Tobacco Tax and 01, dated December 10, 2013, Geological Survey (USGS) map(s) Trade Bureau, Treasury. (superseding Treasury Order 120–01, dated January 24, 2003), to the TTB showing the location of the proposed ACTION: Notice of proposed rulemaking. Administrator to perform the functions AVA, with the boundary of the proposed AVA clearly drawn thereon; SUMMARY: The Alcohol and Tobacco Tax and duties in the administration and • and Trade Bureau (TTB) proposes to enforcement of these provisions. If the proposed AVA is to be establish the approximately 5,774-acre Part 4 of the TTB regulations (27 CFR established within, or overlapping, an ‘‘Alisos Canyon’’ viticultural area in part 4) authorizes TTB to establish existing AVA, an explanation that both Santa Barbara County, California. The definitive viticultural areas and regulate identifies the attributes of the proposed proposed viticultural area lies entirely the use of their names as appellations of AVA that are consistent with the within the established Central Coast origin on wine labels and in wine existing AVA and explains how the viticultural area. TTB designates advertisements. Part 9 of the TTB proposed AVA is sufficiently distinct viticultural areas to allow vintners to regulations (27 CFR part 9) sets forth from the existing AVA and therefore better describe the origin of their wines standards for the preparation and appropriate for separate recognition; and to allow consumers to better submission of petitions for the and identify wines they may purchase. TTB establishment or modification of • A detailed narrative description of invites comments on this proposed American viticultural areas (AVAs) and the proposed AVA boundary based on addition to its regulations. lists the approved AVAs. USGS map markings. DATES: Comments must be received by Definition Alisos Canyon Petition December 16, 2019. Section 4.25(e)(1)(i) of the TTB TTB received a petition from Wesley ADDRESSES: You may electronically regulations (27 CFR 4.25(e)(1)(i)) defines D. Hagen, on behalf of local vineyard submit comments to TTB on this a viticultural area for American wine as owners and winemakers, proposing the proposal, and view copies of this a delimited grape-growing region having establishment of the ‘‘Alisos Canyon’’ document, its supporting materials, and distinguishing features, as described in AVA. The proposed Alisos Canyon AVA any comments TTB receives on it within part 9 of the regulations, and a name is located within Santa Barbara County, Docket No. TTB–2019–0007 as posted and a delineated boundary, as California. The proposed AVA lies on Regulations.gov (https:// established in part 9 of the regulations. entirely within the established Central www.regulations.gov), the Federal e- These designations allow vintners and Coast AVA (27 CFR 9.75) and contains rulemaking portal. Please see the consumers to attribute a given quality, approximately 5,774 acres. Nine ‘‘Public Participation’’ section of this reputation, or other characteristic of a commercially-producing vineyards are document below for full details on how wine made from grapes grown in an area planted within the proposed AVA and to comment on this proposal via to the wine’s geographic origin. The cover a total of approximately 238 acres. Regulations.gov, U.S. mail, or hand establishment of AVAs allows vintners There is also one winery within the delivery, and for full details on how to to describe more accurately the origin of proposed AVA. view or obtain copies of this document, their wines to consumers and helps its supporting materials, and any consumers to identify wines they may According to the petition, the comments related to this proposal. purchase. Establishment of an AVA is distinguishing features of the proposed FOR FURTHER INFORMATION CONTACT: neither an approval nor an endorsement Alisos Canyon AVA include its climate Karen A. Thornton, Regulations and by TTB of the wine produced in that and soils. The petition also listed Rulings Division, Alcohol and Tobacco area. topography and geology as distinguishing features of the proposed Tax and Trade Bureau, 1310 G Street Requirements NW, Box 12, Washington, DC 20005; AVA. However, based on the petition’s phone 202–453–1039, ext. 175. Section 4.25(e)(2) of the TTB descriptions, topography and geology regulations (27 CFR 4.25(e)(2)) outlines appear to be too integral to the region’s SUPPLEMENTARY INFORMATION: the procedure for proposing an AVA climate and soils, respectively, to be Background on Viticultural Areas and provides that any interested party considered separately from those may petition TTB to establish a grape- features. Therefore, TTB does not TTB Authority growing region as an AVA. Section 9.12 consider topography and geology to be Section 105(e) of the Federal Alcohol of the TTB regulations (27 CFR 9.12) separate distinguishing features of the Administration Act (FAA Act), 27 prescribes the standards for petitions for proposed AVA. Unless otherwise noted, U.S.C. 205(e), authorizes the Secretary the establishment or modification of all information and data pertaining to of the Treasury to prescribe regulations AVAs. Petitions to establish an AVA the proposed AVA contained in this for the labeling of wine, distilled spirits, must include the following: document are from the petition for the and malt beverages. The FAA Act • Evidence that the area within the proposed Alisos Canyon AVA and its provides that these regulations should, proposed AVA boundary is nationally supporting exhibits. VerDate Sep<11>2014 16:07 Oct 11, 2019 Jkt 250001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\15OCP1.SGM 15OCP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 84, No. 199 / Tuesday, October 15, 2019 / Proposed Rules 55083 Name Evidence Santa Maria Valley AVA (27 CFR 9.28) AVA and eight locations in the The proposed Alisos Canyon AVA lies to the north of the proposed AVA, surrounding regions. derives its name from a geographical and the established Santa Ynez Valley AVA (27 CFR 9.54) is located to the Average GDD accumulations from 1981– feature that runs through the region. 2015 U.S.G.S. maps identify the feature as south. The climate of the proposed ‘‘Can˜ ada de los Alisos,’’ which Alisos Canyon AVA is influenced by the Location San Antonio Creek drainage system, and (direction from proposed Average GDD translates to ‘‘Canyon of the White AVA) accumulations Alder Trees.’’ The petition states that the proposed northern boundary residents more commonly refer to the separates this drainage system from the Santa Maria River drainage system. The Proposed Alisos Canyon canyon as ‘‘Alisos Canyon.’’ As AVA—eastern end ............ 2,617 evidence of use of the proposed name to eastern boundary approximates the limit Proposed Alisos Canyon describe the region, the petition notes of the marine-cooled air flowing inland AVA—western end ............ 2,691 that a road running through the from the Pacific Ocean via the San State Route 135 Corridor proposed AVA is known as ‘‘Alisos Antonio Creek drainage system. (northwest) ........................ 2,511 Sta. Rita Hills AVA (south- Canyon Road,’’ and a popular biking Additionally, the petition notes that the region east of the proposed AVA is a west) .................................. 2,512 route is known as the ‘‘Alisos Canyon Ballard Canyon AVA—south- Loop.’’ The petition also included a different geological feature commonly known as Foxen Canyon. The southern ern end (south) ................. 2,776 page from a website for motorcycle Ballard Canyon AVA—north- enthusiasts that states, ‘‘Alisos Canyon boundary separates the proposed AVA ern end (south) ................. 3,182 also provides you with some looping from the region of the Santa Ynez Valley Sisquoc (north) ..................... 2,915 opportunities utilizing Foxen Canyon, AVA, whose climate is influenced by Comasa Canyon (east) ........ 3,097 Hwy. 154 and Hwy. 101.’’ 1 Finally, the the Santa Ynez River drainage system. Zaca Creek (east) ................. 3,642 The western boundary separates the Happy Canyon of Santa Bar- petition notes that an equestrian center bara AVA (southeast) ....... 3,781 adjacent to the proposed AVA is called proposed AVA from the coastal region ‘‘Alisos Canyon Equine Center.’’ of Santa Barbara County, whose climate is more strongly influenced by marine To the northwest and southwest of the The petition also provided evidence proposed AVA, the GDD accumulations that the name ‘‘Alisos Canyon’’ is used air. The petition also notes that the western boundary separates the are lower due to the proximity of the by the wine industry to describe the Pacific Ocean and the greater cooling region of the proposed AVA. An article proposed AVA from a separate geological feature known as Cat Canyon. influence of the marine air.