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.

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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. To the on a Santa Barbara County wine blog immediate north of the proposed AVA notes that, ‘‘Starting in the east, near the Distinguishing Features in Sisquoc, GDD accumulations are northern boundary of the Santa Ynez higher than within the proposed AVA The distinguishing features of the Valley AVA, we find perhaps the area’s because ridges and hills trap warm air proposed Alisos Canyon AVA are its most acclaimed sub-region: Alisos and block the cool marine air from climate and soils. Canyon.’’ 2 The article also states, ‘‘For entering that region. East and southeast Rhones, Alisos Canyon is still a cool Climate of the proposed AVA, GDD area and fairly uniform in temperature accumulations become significantly from its mouth east of the 101 most of The proposed Alisos Canyon AVA is higher as one moves beyond the extent the way to Foxen Canyon.’’ An article in located along the drainage system of San of the marine influence. South of the Wine Enthusiast is entitled ‘‘Alisos and Antonio Creek, which flows into the proposed AVA, within the existing Foxen Canyons: Santa Barbara’s Hidden Pacific Ocean. Cool marine air travels Ballard Canyon AVA (27 CFR 9.230), Gems.’’ 3 An online wine store inland via the drainage system and the GDD accumulations are also higher. specializing in rare wines notes on its affects temperatures. As the air travels According to the petition, the east-west page about Sine Qua Non winery, ‘‘In up the San Antonio Creek and its valleys that bring cool marine air inland the future, [winemaker Manfred] drainage system, it becomes warmer. end prior to reaching the Ballard Krankl’s newest vineyard in Alisos The proposed AVA is approximately 25 Canyon AVA, resulting in warmer Canyon will be an additional miles from the ocean and situated in a temperatures than are found in the component part.’’ 4 Finally, the website transitional region, between the cooler proposed Alisos Canyon AVA. for Thompson Vineyard, which is coastal regions and the warmer inland Soils within the proposed Alisos Canyon areas. According to the petition, the AVA, features a quote from wine critic proposed AVA’s location is a According to the petition, the soils of Robert Parker that says, ‘‘One of my ‘‘Goldilocks Rhone Zone,’’ meaning that the proposed Alisos Canyon AVA are favorite Central Coast sites is the Santa temperatures are neither too hot nor too primarily derived from sandstone and Barbara vineyard in the Alisos Canyon cold for growing Rhone wine varietals shale. The most common soils within known as the Thompson Vineyard.’’ 5 such as Syrah, which is the most the proposed AVA are the Paso Robles common varietal grown in the proposed Formation and Careaga Sandstone, Boundary Evidence AVA. which comprise 63 percent and 13 The proposed Alisos Canyon AVA is The petition included information on percent of the total soils, respectively. located in Santa Barbara County north the average growing degree day 6 (GDD) The petition describes the Paso Robles of U.S. Highway 101. The established accumulations from 1981 through 2015 Formation as conglomerate or gravel from two locations within the proposed composed mostly of siliceous shale 1 http://sbc-rides/goption.com/StreetRides/ pebbles in sandy to somewhat clayey hwy101/alisos/hwy101_alisos.html. 6 See Albert J. Winkler et al., General Viticulture matrix. The petition states that the high 2 Winemerchantcafe.com/category/los-alamos. 61—64 (Berkeley: University of California Press, calcium content from the shale pebbles 3 Winemag.com/gallery/californias-best-syrahs/ 2nd ed. 1974). The Winkler method of calculating increases the thickness of the skins of #gallery-carousel-3. GDDs utilizes the monthly average above 50 degrees red varietal wine grapes, which in turn 4 https://www.winehouse.com/product/2007-sine- Fahrenheit (the minimum temperature required for qua-non-grenache-pictures-california-750ml. grapevine growth) multiplied by the number of days increases the color and tannin levels in 5 Thompsonvineyard.com/about-us/. in the month during the growing season. the resulting wine. The clay content

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aids in the uptake of nutrients to the San Mateo, Santa Barbara, Santa Clara, label approved before July 7, 1986. See vines. and Santa Cruz. T.D. ATF–216 describes § 4.39(i)(2) of the TTB regulations (27 Careaga sandstone is described as soft, the Central Coast AVA as extending CFR 4.39(i)(2)) for details. fine-grained sandstone or sand, along from the city of Santa Barbara to the San If TTB establishes this proposed AVA, with small marine shell fragments or Francisco Bay area, and east to the its name, ‘‘Alisos Canyon,’’ will be pebbles. The petition states that the high California Coastal Ranges. The only recognized as a name of viticultural sand content of the soil provides distinguishing feature of the Central significance under § 4.39(i)(3) of the excellent drainage in vineyards, thus Coast AVA discussed in T.D. ATF–216 TTB regulations (27 CFR 4.39(i)(3)). The reducing the risks from certain pests is that all of the included counties text of the proposed regulation clarifies such as nematodes and phylloxera. The experience marine climate influence this point. Consequently, wine bottlers low level of clay in the Careaga due to their proximity to the Pacific using the name ‘‘Alisos Canyon’’ in a sandstone soils reduces the uptake of Ocean. brand name, including a trademark, or nutrients and reduces the vigor of the The proposed Alisos Canyon AVA is in another label reference as to the vines. As a result, the vines produce located within the Central Coast AVA origin of the wine, would have to ensure grapes that are smaller and have a and shares the basic viticultural feature that the product is eligible to use the higher skin-to-juice ratio than grapes of of that established AVA—the marine AVA name as an appellation of origin if the same varietal grown in different soil. influence that moderates growing this proposed rule is adopted as a final The petition states that the soils to the season temperatures in the area. The rule. north of the proposed Alisos Canyon moderate GDD accumulations within The approval of the proposed Alisos AVA, in the Santa Maria Valley, have the proposed AVA reflect a marine- Canyon AVA would not affect any sandier topsoils than are found within influenced climate. However, the existing AVA, and any bottlers using the proposed AVA. South of the proposed AVA experiences a much ‘‘Central Coast’’ as an appellation of proposed AVA, the soils are smaller range of GDD accumulations origin or in a brand name for wines characterized by Metz fine sandy loam. within its proposed boundaries than the made from grapes grown within the To the east of the proposed AVA, the diverse, multicounty Central Coast Central Coast AVA would not be soils are primarily derived from AVA. affected by the establishment of this serpentine and chert, rather than new AVA. The establishment of the TTB Determination sandstone and shale. To the west of the proposed Alisos Canyon AVA would proposed AVA, the soils are described TTB concludes that the petition to allow vintners to use ‘‘Alisos Canyon’’ as deep, sandy soils of the Shedd, establish the 5,774-acre Alisos Canyon and ‘‘Central Coast’’ as appellations of Chamise, and Point Sal Formation AVA merits consideration and public origin for wines made from grapes series. comment, as invited in this notice of grown within the proposed Alisos Summary of Distinguishing Features proposed rulemaking. Canyon AVA if the wines meet the eligibility requirements for the In summary, the climate and soils of Boundary Description appellation. the proposed Alisos Canyon AVA See the narrative description of the distinguish it from the surrounding boundary of the petitioned-for AVA in Public Participation regions. The proposed AVA has GDD the proposed regulatory text published Comments Invited accumulations that are higher than the at the end of this proposed rule. marine-influenced regions to the TTB invites comments from interested northwest and southwest and are lower Maps members of the public on whether it than the regions to the north, south, The petitioner provided the required should establish the proposed AVA. east, and southeast. The soils of the maps, and they are listed below in the TTB is also interested in receiving proposed AVA are derived primarily proposed regulatory text. comments on the sufficiency and from sandstone and shale, and the most accuracy of the name, boundary, soils, Impact on Current Wine Labels common soils are the Paso Robles climate, and other required information Formation and Careaga sandstone. By Part 4 of the TTB regulations prohibits submitted in support of the petition. In contrast, the soils to the north of the any label reference on a wine that addition, given the proposed Alisos proposed AVA contain more sand in the indicates or implies an origin other than Canyon AVA’s location within the topsoil. The soils to the west of the the wine’s true place of origin. For a existing Central Coast AVA, TTB is proposed AVA are deeper and sandier wine to be labeled with an AVA name, interested in comments on whether the than those of the proposed AVA, while at least 85 percent of the wine must be evidence submitted in the petition the soils to the south of the proposed derived from grapes grown within the regarding the distinguishing features of AVA are very fine sandy loams of the area represented by that name, and the the proposed AVA sufficiently Mertz series. The soils to the east of the wine must meet the other conditions differentiates it from the existing AVA. proposed AVA are derived from listed in § 4.25(e)(3) of the TTB TTB is also interested in comments on geologic parent materials that are not regulations (27 CFR 4.25(e)(3)). If the whether the geographic features of the found within the proposed AVA. wine is not eligible for labeling with an proposed AVA are so distinguishable AVA name and that name appears in the from the surrounding Central Coast Comparison of the Proposed Alisos brand name, then the label is not in AVA that the proposed Alisos Canyon Canyon AVA to the Existing Central compliance and the bottler must change AVA should no longer be part of that Coast AVA the brand name and obtain approval of AVA. Please provide any available The Central Coast AVA was a new label. Similarly, if the AVA name specific information in support of your established by T.D. ATF–216, published appears in another reference on the comments. in the Federal Register on October 24, label in a misleading manner, the bottler Because of the potential impact of the 1985 (50 FR 43128). It includes all or would have to obtain approval of a new establishment of the proposed Alisos portions of the California counties of label. Different rules apply if a wine has Canyon AVA on wine labels that Alameda, Contra Costa, Monterey, San a brand name containing an AVA name include the term ‘‘Alisos Canyon’’ as Benito, San Francisco, San Luis Obispo, that was used as a brand name on a discussed above under Impact on

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Current Wine Labels, TTB is comment form. If you comment via a significant economic impact on a particularly interested in comments postal mail or hand delivery/courier, substantial number of small entities. regarding whether there will be a please submit your entity’s comment on The proposed regulation imposes no conflict between the proposed AVA letterhead. new reporting, recordkeeping, or other name and currently used brand names. You may also write to the administrative requirement. Any benefit If a commenter believes that a conflict Administrator before the comment derived from the use of a viticultural will arise, the comment should describe closing date to ask for a public hearing. area name would be the result of a the nature of that conflict, including any The Administrator reserves the right to proprietor’s efforts and consumer anticipated negative economic impact determine whether to hold a public acceptance of wines from that area. that approval of the proposed AVA will hearing. Therefore, no regulatory flexibility have on an existing viticultural Confidentiality analysis is required. enterprise. TTB is also interested in receiving suggestions for ways to avoid All submitted comments and Executive Order 12866 conflicts, for example, by adopting a attachments are part of the public record It has been determined that this modified or different name for the AVA. and subject to disclosure. Do not proposed rule is not a significant enclose any material in your comments regulatory action as defined by Submitting Comments that you consider to be confidential or Executive Order 12866 of September 30, You may submit comments on this inappropriate for public disclosure. 1993. Therefore, no regulatory notice by using one of the following assessment is required. three methods: Public Disclosure • Federal e-Rulemaking Portal: You TTB will post, and you may view, Drafting Information may send comments via the online copies of this notice, selected Karen A. Thornton of the Regulations comment form posted with this notice supporting materials, and any online or and Rulings Division drafted this notice within Docket No. TTB–2019–0007 on mailed comments received about this of proposed rulemaking. ‘‘Regulations.gov,’’ the Federal e- proposal within Docket No. TTB–2019– rulemaking portal, at https:// 0007 on the Federal e-rulemaking List of Subjects in 27 CFR Part 9 www.regulations.gov. A direct link to portal, Regulations.gov, at https:// Wine. that docket is available under Notice www.regulations.gov. A direct link to Proposed Regulatory Amendment No. 185 on the TTB website at https:// that docket is available on the TTB www.ttb.gov/wine/wine- website at https://www.ttb.gov/wine/ For the reasons discussed in the rulemaking.shtml. Supplemental files wine_rulemaking.shtml under Notice preamble, TTB proposes to amend title may be attached to comments submitted No. 185. You may also reach the 27, chapter I, part 9, Code of Federal via Regulations.gov. For complete relevant docket through the Regulations, as follows: instructions on how to use Regulations.gov search page at https:// Regulations.gov, visit the site and click www.regulations.gov. For information PART 9—AMERICAN VITICULTURAL on the ‘‘Help’’ tab. on how to use Regulations.gov, click on AREAS • U.S. Mail: You may send comments the site’s ‘‘Help’’ tab. ■ 1. The authority citation for part 9 via postal mail to the Director, All posted comments will display the continues to read as follows: Regulations and Rulings Division, commenter’s name, organization (if Alcohol and Tobacco Tax and Trade any), city, and State, and, in the case of Authority: 27 U.S.C. 205. Bureau, 1310 G Street NW, Box 12, mailed comments, all address Subpart C—Approved American Washington, DC 20005. information, including email addresses. Viticultural Areas • Hand Delivery/Courier: You may TTB may omit voluminous attachments hand-carry your comments or have them or material that the Bureau considers ■ 2. Add § 9.____to read as follows: 9._ hand-carried to the Alcohol and unsuitable for posting. ___Alisos Canyon. Tobacco Tax and Trade Bureau, 1310 G You may also view copies of this (a) Name. The name of the viticultural Street NW, Suite 400, Washington, DC notice, all related petitions, maps and area described in this section is ‘‘Alisos 20005. other supporting materials, and any Canyon’’. For purposes of part 4 of this Please submit your comments by the electronic or mailed comments that TTB chapter, ‘‘Alisos Canyon’’ is a term of closing date shown above in this notice. receives about this proposal by viticultural significance. Your comments must reference Notice appointment at the TTB Public Reading (b) Approved maps. The two United No. 185 and include your name and Room, 1310 G Street NW, Suite 400, States Geological Survey (USGS) mailing address. Your comments also Washington, DC 20005. You may also 1:24,000 scale topographic maps used to must be made in English, be legible, and obtain copies at 20 cents per 8.5- x 11- determine the boundary of the Alisos be written in language acceptable for inch page. Please note that TTB is Canyon viticultural area are titled: public disclosure. TTB does not unable to provide copies of USGS maps (1) Foxen Canyon, CA, 1995; and acknowledge receipt of comments, and or other similarly-sized documents that (2) Zaca Creek, Calif., 1959. TTB considers all comments as may be included as part of the AVA (c) Boundary. The Alisos Canyon originals. petition. Contact TTB’s Regulations and viticultural area is located in Santa In your comment, please clearly state Rulings Division at the above address, Barbara County, California. The if you are commenting for yourself or on by email at https://www.ttb.gov/ boundary of the Alisos Canyon behalf of an association, business, or webforms/contact_RRD.shtm, or by viticultural area is as described in other entity. If you are commenting on telephone at 202–453–1039, ext. 175, to paragraphs (c)(1) through (8) of this behalf of an entity, your comment must schedule an appointment or to request section: include the entity’s name, as well as copies of comments or other materials. (1) The beginning point is on the your name and position title. If you Foxen Canyon map at an unnamed comment via Regulations.gov, please Regulatory Flexibility Act hilltop with a marked elevation of 1,137 enter the entity’s name in the TTB certifies that this proposed feet, located west of the Can˜ ada de los ‘‘Organization’’ blank of the online regulation, if adopted, would not have Coches in the La Laguna Grant. From

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the beginning point, proceed east in a SUMMARY: The Department of Veterans implement current, well-refined straight line for 3.71 miles to the Affairs (VA) proposes to amend the medical criteria, and update intersection of two unnamed, portion of the Schedule for Rating terminology to reflect the most recent unimproved roads north of Rancho San Disabilities that addresses the medical advances. For this proposed Juan; then genitourinary system. The purpose of rule, VA considered the most up-to-date (2) Proceed east-southeast in a straight this change is to update current medical medical knowledge and clinical practice line for approximately 1.2 miles to an terminology, incorporate medical of nephrology and urology specialties, unnamed hilltop with a marked advances that have occurred since the as well as feedback from a public forum elevation of 1,424 feet in the La Laguna last review, and provide well-defined held on January 27–28, 2011. Please Grant; then criteria in accordance with actual, email at [email protected] (3) Proceed southwest in a straight standard medical clinical practice. In for a copy of the public forum line for approximately 1.7 miles, fashioning this proposed rule, VA transrcript. crossing onto the Zaca Creek map, to a considered the most up-to-date medical I. Proposed Changes to § 4.115 point designated ‘‘Oil,’’ adjacent to the knowledge and clinical practice of north fork of San Antonio Creek and the nephrology and urology specialties. Currently, 38 CFR 4.115 (‘‘Nephritis’’) intersection of three unnamed light-duty Contact information for that office is does not adequately reflect current roads in the Can˜ ada del Comasa, La noted in the ADDRESSES section of this concepts of renal and urinary tract Laguna Grant; then proposed rule. diseases and conditions. Regardless of specific disease pathology, kidney (4) Proceed west-southwest in a DATES: Comments must be received on conditions generally produce the same straight line for approximately 1.56 or before December 16, 2019. miles to the intersection of the north symptomatology and lead to the same ADDRESSES: Written comments may be fork of San Antonio Creek and the 800- functional impairment. Therefore, for submitted through foot elevation contour in the Can˜ ada del rating purposes, analysis of pathology, www.Regulations.gov; by mail or hand- Comasa, La Laguna Grant; then such as is currently presented in the delivery to Director, Office of Regulation (5) Proceed west in a straight line 1.95 first three sentences of § 4.115, is Policy and Management (00REG), miles to an unnamed rectangular unnecessary and VA proposes to remove Department of Veterans Affairs, 810 structure northeast of the terminus of an this language. Vermont Avenue NW, Room 1064, unnamed, unimproved road north of However, VA proposes to retain the Washington, DC 20420; or by fax to U.S. Highway 101 and BM 684 in the La remainder of the language in § 4.115, (202) 273–9026. Comments should Laguna Grant; then which addresses the assignment of indicate that they are submitted in (6) Proceed northwesterly in a straight ratings when both renal and response to ‘‘RIN 2900–AQ71— line 0.32 mile to the intersection of cardiovascular conditions are present, Schedule for Rating Disabilities; The Alisos Canyon Road and an unnamed, but to replace the reference to Genitourinary Diseases and unimproved road east of the Can˜ ada de ‘‘nephritis’’ in the first sentence of the Conditions.’’ Copies of comments los Coches in the La Laguna Grant; then proposed revised section with ‘‘renal received will be available for public (7) Proceed north-northwest in a disease’’ to more accurately reflect the inspection in the Office of Regulation straight line for 1.68 miles, crossing applicability of the provision. VA Policy and Management, Room 1064, onto the Foxen Canyon map, to an proposes to retitle this provision as ‘‘Co- between the hours of 8:00 a.m. and 4:30 unnamed hilltop with a marked existence of renal and cardiovascular p.m., Monday through Friday (except elevation of 997 feet in the La Laguna conditions’’ to better address the holidays). Please call (202) 461–4902 for Grant; then amended content. an appointment. (This is not a toll-free (8) Proceed northeast in a straight line number.) In addition, during the II. Proposed Changes to § 4.115a for 0.5 mile to return to the beginning comment period, comments may be Under the current VASRD, diseases of point. viewed online through the Federal the genitourinary system are listed at 38 Signed: August 6, 2019. Docket Management System at CFR 4.115b with instructions directing Mary G. Ryan www.Regulations.gov. rating personnel to various rating Acting Administrator. criteria found at 38 CFR 4.115a, when FOR FURTHER INFORMATION CONTACT: appropriate. The rating criteria in Approved: September 23, 2019. Ioulia Vvedenskaya, M.D., M.B.A., § 4.115a address impairment of the Timothy E. Skud, Medical Officer, Part 4 VASRD genitourinary system, including renal Deputy Assistant Secretary (Tax, Trade, and Regulations Staff (211D), Compensation dysfunction, voiding dysfunction, and Tariff Policy). Service, Veterans Benefits [FR Doc. 2019–22264 Filed 10–11–19; 8:45 am] infections. Administration, Department of Veterans The introductory paragraph in BILLING CODE 4810–31–P Affairs, 810 Vermont Avenue NW, § 4.115a states that when the VASRD Washington, DC 20420, (202) 461–9752. refers a decision-maker to these areas of (This is not a toll-free telephone dysfunction, only the predominant area DEPARTMENT OF VETERANS number.) of dysfunction will be considered for AFFAIRS SUPPLEMENTARY INFORMATION: As part of rating purposes. VA proposes clarifying 38 CFR Part 4 VA’s ongoing revision of the Schedule this statement by noting that distinct for Rating Disabilities (VASRD), VA disabilities may be assigned separate RIN 2900–AQ71 proposes changes to the portion of the evaluations under this section, VASRD that addresses the genitourinary consistent with the anti-pyramiding Schedule for Rating Disabilities; The system, which was last revised in 1994. provisions in § 4.14. This statement is Genitourinary Diseases and See 59 FR 2523 (Jan. 18, 1994); see also intended to reflect that when a Conditions 59 FR 46338 (Sep. 8, 1994). Through particular diagnostic code refers to AGENCY: Department of Veterans Affairs. this revision, VA aims to eliminate multiple dysfunctions, only the ambiguities, include medical conditions predominant dysfunction will be ACTION: Proposed rule. not currently in the rating schedule, evaluated for that diagnostic code.

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