Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15091

DEPARTMENT OF THE TREASURY Background on Viticultural Areas the procedure for proposing an AVA and provides that any interested party TTB Authority Alcohol and Tobacco Tax and Trade may petition TTB to establish a grape- Bureau Section 105(e) of the Federal Alcohol growing region as an AVA. Section 9.12 Administration Act (FAA Act), 27 of the TTB regulations (27 CFR 9.12) 27 CFR Part 9 U.S.C. 205(e), authorizes the Secretary prescribes standards for petitions for the of the Treasury to prescribe regulations establishment or modification of AVAs. [Docket No. TTB–2018–0005; Notice No. for the labeling of wine, distilled spirits, 174] Petitions to establish an AVA must and malt beverages. The FAA Act include the following: RIN 1513–AC38 provides that these regulations should, • Evidence that the area within the among other things, prohibit consumer proposed AVA boundary is nationally Proposed Establishment of the Upper deception and the use of misleading or locally known by the AVA name Hudson Viticultural Area statements on labels and ensure that specified in the petition; labels provide the consumer with • An explanation of the basis for AGENCY: Alcohol and Tobacco Tax and adequate information as to the identity defining the boundary of the proposed Trade Bureau, Treasury. and quality of the product. The Alcohol AVA; ACTION: Notice of proposed rulemaking. and Tobacco Tax and Trade Bureau • A narrative description of the (TTB) administers the FAA Act features of the proposed AVA affecting SUMMARY: The Alcohol and Tobacco Tax pursuant to section 1111(d) of the viticulture, such as climate, geology, and Trade Bureau (TTB) proposes to Homeland Security Act of 2002, soils, physical features, and elevation, establish the approximately 1,500- codified at 6 U.S.C. 531(d). The that make the proposed AVA distinctive square mile ‘‘Upper Hudson’’ Secretary has delegated various and distinguish it from adjacent areas viticultural area in all or portions of authorities through Treasury outside the proposed AVA boundary; Albany, Montgomery, Rensselaer, Department Order 120–01, dated • The appropriate United States Saratoga, Schenectady, Schoharie, and December 10, 2013, (superseding Geological Survey (USGS) map(s) Washington Counties in New York. The Treasury Order 120–01, dated January showing the location of the proposed proposed viticultural area does not lie 24, 2003), to the TTB Administrator to AVA, with the boundary of the within, nor does it contain, any other perform the functions and duties in the proposed AVA clearly drawn thereon; established viticultural area. TTB administration and enforcement of these and designates viticultural areas to allow provisions. • A detailed narrative description of vintners to better describe the origin of Part 4 of the TTB regulations (27 CFR the proposed AVA boundary based on their wines and to allow consumers to part 4) authorizes TTB to establish USGS map markings. better identify wines they may definitive viticultural areas and regulate Upper Hudson Petition purchase. TTB invites comments on this the use of their names as appellations of proposed addition to its regulations. origin on wine labels and in wine TTB received a petition from Andrew DATES: Comments must be received by advertisements. Part 9 of the TTB and Kathleen Weber, owners of June 8, 2018. regulations (27 CFR part 9) sets forth Northern Cross , on behalf of ADDRESSES: Please send your comments standards for the preparation and local grape growers and vintners, on this proposed rule to one of the submission of petitions for the proposing to establish the following addresses: establishment or modification of approximately 1,500-square mile • Internet: http://www.regulations.gov American viticultural areas (AVAs) and ‘‘Upper Hudson’’ AVA. Nineteen (via the online comment form for this lists of the approved AVAs. commercial , covering approximately 67.5 acres, are proposed rule as posted within Docket Definition No. TTB–2018–0005 at distributed across the proposed AVA. ‘‘Regulations.gov,’’ the Federal e- Section 4.25(e)(1)(i) of the TTB According to the petition, several rulemaking portal); regulations (27 CFR 4.25(e)(1)(i)) defines vineyard owners are planning to expand • U.S. Mail: Director, Regulations and a viticultural area for American wine as their vineyards by a total of 14 Rulings Division, Alcohol and Tobacco a delimited grape-growing region having additional acres in the near future, and Tax and Trade Bureau, 1310 G Street distinguishing features, as described in 4 new vineyards are also planned. All NW, Box 12, Washington, DC 20005; or part 9 of the regulations, and a name 19 of the vineyards within the proposed • Hand delivery/courier in lieu of and a delineated boundary, as AVA also have attached wineries. mail: Alcohol and Tobacco Tax and established in part 9 of the regulations. The distinguishing feature of the Trade Bureau, 1310 G Street NW, Suite These designations allow vintners and proposed Upper Hudson AVA is its 400, Washington, DC 20005. consumers to attribute a given quality, climate. Unless otherwise noted, all See the Public Participation section of reputation, or other characteristic of a information and data pertaining to the this proposed rule for specific wine made from grapes grown in an area proposed AVA contained in this instructions and requirements for to the wine’s geographic origin. The proposed rule comes from the petition submitting comments, and for establishment of AVAs allows vintners for the proposed Upper Hudson AVA information on how to request a public to describe more accurately the origin of and its supporting exhibits. their wines to consumers and helps hearing or view or request copies of the Name Evidence petition and supporting materials. consumers to identify wines they may purchase. Establishment of an AVA is The proposed Upper Hudson AVA is FOR FURTHER INFORMATION CONTACT: neither an approval nor an endorsement located along the Hudson River. Karen A. Thornton, Regulations and by TTB of the wine produced in that According to the petition, the term Rulings Division, Alcohol and Tobacco area. ‘‘Upper Hudson’’ is used to describe the Tax and Trade Bureau, 1310 G Street non-tidal portion of the river above the NW, Box 12, Washington, DC 20005; Requirements Federal Dam in Troy, New York. For phone (202) 453–1039, ext. 175. Section 4.25(e)(2) of the TTB example, the U.S. Geological Survey has SUPPLEMENTARY INFORMATION: regulations (27 CFR 4.25(e)(2)) outlines a web page with information about the

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15092 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

Hudson River watershed in the region of Distinguishing Features conducted at several universities, most ¥ the proposed AVA titled ‘‘USGS Water The distinguishing feature of the of these varietals are cold hardy to 15 Resources Links for the Upper proposed Upper Hudson AVA is its degrees F, while is cold 1 ¥ Hudson.’’ The petition also included a climate. The petition included hardy only to 8 degrees F. Because ‘‘USA Today’’ article about kayaking information on the USDA plant winter temperatures within the trips within the region that includes the proposed Upper Hudson AVA regularly hardiness zones and the growing degree ¥ proposed AVA and is titled ‘‘Kayaking day accumulations (GDDs) 5 for the drop as low as 20 degrees, these 2 in the Upper Hudson.’’ proposed AVA and the surrounding varietals would not be suitable for The petition included a listing of areas. growing within the proposed AVA. organizations and businesses within the Growing Degree Days proposed AVA that use the name Plant Hardiness Zones ‘‘Upper Hudson.’’ The Phi Beta Kappa The USDA plant hardiness zone map The petition included a graph fraternal organization 3, and the included in the petition divides the showing the average GDD Editorial Freelancers Association 4 both United States into zones based on the accumulations for 19 locations within have chapters within the proposed average annual minimum winter the proposed AVA and the surrounding boundaries of the AVA referred to as temperature. The map is divided into 13 areas. Six of these locations are within ‘‘Upper Hudson.’’ The Upper Hudson zones, from the coolest zone 1 to the the proposed AVA, and the remainder Green Party and the Upper Hudson warmest zone 13. Each zone has a 10- are from the surrounding areas. The Peace Action are two other degree Fahrenheit (F) range and is graph may be viewed in its entirety on organizations located within the further divided into two 5-degree F sub- Regulations.gov as part of the public proposed AVA. The Upper Hudson zones, which are designated ‘‘a’’ and docket, Docket No. TTB–2018–0005. Research Center provides laboratory and ‘‘b’’. According to the map, the The following table lists only the field station facilities within the proposed Upper Hudson AVA falls into locations in the graph for which at least proposed AVA for researchers of zones 5a and 5b. Average minimum 3 years of data was available, as well as Rensselaer Polytechnic Institute who temperatures in these zones range from the location’s direction relevant to the study freshwater habitats. Medical ¥20 to ¥15 degrees F. The petition proposed AVA. facilities within the proposed AVA states that these average minimum include Upper Hudson Dermatology and winter temperatures are cold enough to LOCATIONS WITH GDD DATA Upper Hudson Primary Care. Finally, damage or even kill many varietals of AVAILABLE FROM 2012–2014 Upper Hudson Farm Direct provides grapes. Therefore, vineyard owners deliveries of fresh produce from farms Direction from within the proposed AVA plant cold- Location Proposed AVA within the region of the proposed AVA. hardy varietals such as Marquette, Boundary Evidence , La Crescent, and La Crosse, Ticonderoga, NY ...... North. which have been developed to Rutland, VT ...... Northeast. The proposed Upper Hudson AVA withstand temperatures as low as ¥30 East Dorset, VT ...... East. includes all or portions of Albany, degrees. North Adams, MA ...... Southeast. Montgomery, Rensselaer, Saratoga, The plant hardiness zone map shows Pittsfield, MA ...... Southeast. Schenectady, Schoharie, and that the regions to the immediate east Castleton, NY ...... South. Hudson, NY ...... South. Washington Counties in New York. The and west of the proposed Upper Hudson proposed boundaries follow a series of Cobleskill, NY ...... Southwest. AVA are also classified as zones 5a and North Blenheim, NY ...... Southwest. roads and rivers. To the east of the 5b. However, the Adirondack and Gloversville, NY ...... West. proposed AVA are the foothills of the Allegheny mountains farther to the west Bennington, VT ...... West. Taconic Mountains, which have higher and northwest of the proposed AVA are Clifton Park, NY ...... Within. elevations and cooler growing season classified as zones 3b, 4a, and 4b, Melrose, NY ...... Within. temperatures than the proposed AVA. meaning that average minimum Schoharie, NY ...... Within. To the south of the proposed AVA is the temperatures in the region are between Guilderland, NY ...... Within. region known as the Lower Hudson ¥35 and ¥25 degrees F. Glens Falls, NY ...... Within. River Valley, which includes the The region south of the proposed established Hudson River Region AVA AVA, which includes the established The graph included in the petition (27 CFR 9.47). This region has warmer Hudson River Region AVA, is classified shows that the locations within the annual temperatures than the proposed as zones 6a and 6b, with average proposed AVA achieved GDD AVA, due to the tidal nature of the minimum temperatures between ¥10 accumulations ranging between 2,300 lower portion of the Hudson River. To and 0 degrees F. According to the and 2,700. Guilderland, Melrose, Clifton the west of the proposed AVA are the petition, grape varietals commonly Park, and Schoharie all had GDD Adirondack and Allegheny Mountains, grown within the established Hudson accumulations of over 2,500, which is which have higher elevations and cooler River Region AVA include Seyval generally considered to be the minimum annual temperatures than the proposed GDD accumulations needed to ripen Blanc, , , Pinot 6 AVA. To the north of the proposed AVA Noir, Vignoles, and . The most varietals of grapes . Glens Falls, are the valleys of Lake George and Lake petition states that according to research which is located at the northernmost Champlain, where growing season boundary of the proposed AVA, is temperatures are generally warmer due 5 In the Winkler climate classification system, shown as having slightly fewer than to the moderating effects of the lakes. annual heat accumulation during the growing 2,500 GDDs. According to the petition, season, measured in annual growing degree days the locations within the proposed AVA (GDDs), defines climatic regions. One GDD 1 reach 2,500 GDDs late in September, http://water.usgs.gov/lookup/getwatershed accumulates for each degree Fahrenheit that a day’s ?02020001. mean temperature is above 50 degrees, the meaning that the fruit typically has only 2 http://traveltips.usatoday.com/kayaking-upper- minimum temperature required for grapevine hudson-61158.html. growth. See Albert J. Winkler, General Viticulture 6 See Albert J. Winkler, General Viticulture 3 http://uhpbk.org. (Berkeley: University of California Press, 2d ed. (Berkeley: University of California Press, 2d ed. 4 www.the-efa.org/chp/?chp=upperhudson. 1974), pages 61–64. 1974), pages 61–64, 143.

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15093

a few weeks to continue maturing before grape hybrids, but not the grape Public Participation the first frost sets in. The petition states varietals that are commonly grown Comments Invited that, as a result, wineries often must farther south within the established work with tart fruit and remove the Hudson River Region AVA. TTB invites comments from interested tartness as part of the winemaking members of the public on whether it process through the use of Malolactic TTB Determination should establish the proposed AVA. fermentation, pH adjustment, or TTB is also interested in receiving TTB concludes that the petition to residual sugars. comments on the sufficiency and By contrast, the graph shows that the establish the approximately 1,500- accuracy of the name, boundary, soils, locations to the north and south of the square mile Upper Hudson AVA merits climate, and other required information proposed AVA have GDD consideration and public comment, as submitted in support of the petition. accumulations over 2,700. Ticonderoga invited in this proposed rule. Please provide any available specific information in support of your is located on the shore of Lake Boundary Description Champlain, and Hudson and Castleton comments. are both located along the tidal portion See the narrative description of the Because of the potential impact of the of the Hudson River. Hudson, the boundary of the petitioned-for AVA in establishment of the proposed Upper southernmost location shown on the the proposed regulatory text published Hudson AVA on wine labels that graph, has the highest GDD at the end of this proposed rule. include the term ‘‘Upper Hudson,’’ as accumulation of any location depicted discussed above under Impact on in the graph, with just over 2,900. Maps Current Wine Labels, TTB is According to the petition, the warming particularly interested in comments effects of both Lake Champlain and the The petitioner provided the required regarding whether there will be a tidal portion of the Hudson River maps, and they are listed below in the conflict between the proposed area contribute to the higher GDD proposed regulatory text. name and currently used brand names. accumulations in the regions north and Impact on Current Wine Labels If a commenter believes that a conflict south of the proposed AVA. The graph will arise, the comment should describe also shows that these locations all reach Part 4 of the TTB regulations prohibits the nature of that conflict, including any 2,500 GDDs earlier in September than any label reference on a wine that anticipated negative economic impact the locations within the proposed AVA. indicates or implies an origin other than that approval of the proposed AVA will The petition states that grapes in these the wine’s true place of origin. For a have on an existing viticultural warmer regions have more time to wine to be labeled with an AVA name, enterprise. TTB is also interested in mature before the first frost, so the at least 85 percent of the wine must be receiving suggestions for ways to avoid grapes ‘‘have the tartness removed in derived from grapes grown within the conflicts, for example, by adopting a the vineyard.’’ area represented by that name, and the modified or different name for the AVA. The remaining locations, to the east, wine must meet the other conditions southeast, southwest, and west of the Submitting Comments listed in § 4.25(e)(3) of the TTB proposed Upper Hudson AVA, all have You may submit comments on this regulations (27 CFR 4.25(e)(3)). If the lower GDD accumulations than the proposed rule by using one of the proposed AVA. Of these locations, wine is not eligible for labeling with an following three methods (please note North Adams and Bennington have the AVA name and that name appears in the that TTB has a new address for highest GDD accumulations, with just brand name, then the label is not in comments submitted by U.S. Mail): over 2,300. Gloversville had the lowest, compliance and the bottler must change • Federal e-Rulemaking Portal: You with just over 1,700. The petition shows the brand name and obtain approval of may send comments via the online that viticulture in these regions would a new label. Similarly, if the AVA name comment form posted with this be difficult because the GDD appears in another reference on the proposed rule within Docket No. TTB– accumulations would not reach the label in a misleading manner, the bottler 2018–0005 on ‘‘Regulations.gov,’’ the levels necessary to reliably ripen most would have to obtain approval of a new Federal e-rulemaking portal, at http:// varietals of grapes. label. Different rules apply if a wine has www.regulations.gov. A direct link to a brand name containing an AVA name that docket is available under Notice Summary of Distinguishing Features that was used as a brand name on a No. 174 on the TTB website at https:// In summary, the evidence provided in label approved before July 7, 1986. See www.ttb.gov/wine/wine- the petition indicates that the climate of § 4.39(i)(2) of the TTB regulations (27 rulemaking.shtml. Supplemental files the proposed Upper Hudson AVA CFR 4.39(i)(2)) for details. may be attached to comments submitted distinguishes it from the surrounding If TTB establishes this proposed AVA, via Regulations.gov. For complete regions in each direction. The proposed instructions on how to use its name, ‘‘Upper Hudson,’’ will be AVA has lower GDD accumulations Regulations.gov, visit the site and click recognized as a name of viticultural than the regions to the north and south, on the ‘‘Help’’ tab. which benefit from the warming significance under § 4.39(i)(3) of the • U.S. Mail: You may send comments influence of Lake Champlain and the TTB regulations (27 CFR 4.39(i)(3)). The via postal mail to the Director, tidal portion of the Hudson River. The text of the proposed regulation clarifies Regulations and Rulings Division, region to the south is also classified in this point. Consequently, if this Alcohol and Tobacco Tax and Trade a warmer plant hardiness zone. The proposed rule is adopted as a final rule, Bureau, 1310 G Street NW, Box 12, proposed AVA has higher GDD wine bottlers using the name ‘‘Upper Washington, DC 20005. accumulations than the regions to the Hudson’’ in a brand name, including a • Hand Delivery/Courier: You may east and west and is also classified in a trademark, or in another label reference hand-carry your comments or have them warmer plant hardiness zone than the as to the origin of the wine, would have hand-carried to the Alcohol and region to the west. As a result of its to ensure that the product is eligible to Tobacco Tax and Trade Bureau, 1310 G climate, the proposed Upper Hudson use the AVA name as an appellation of Street NW, Suite 400, Washington, DC AVA is suitable for growing cold-hardy origin. 20005.

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15094 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

Please submit your comments by the and any electronic or mailed comments chapter, ‘‘Upper Hudson’’ is a term of closing date shown above in this that TTB receives about this proposal by viticultural significance. proposed rule. Your comments must appointment at the TTB Information (b) Approved maps. The four United reference Notice No. 174 and include Resource Center, 1310 G Street NW, States Geological Survey (USGS) your name and mailing address. Your Washington, DC 20005. You may also 1:100,000 scale topographic maps used comments also must be made in obtain copies at 20 cents per 8.5- x 11- to determine the boundary of the Upper English, be legible, and be written in inch page. Please note that TTB is Hudson viticultural area are titled: language acceptable for public unable to provide copies of USGS maps (1) Glens Falls, New York—Vermont, disclosure. TTB does not acknowledge or any similarly-sized documents that 1989; receipt of comments, and TTB considers may be included as part of the AVA (2) Albany, New York— all comments as originals. petition. Contact TTB’s information Massachusetts—Vermont, 1989; In your comment, please clearly specialist at the above address or by (3) Amsterdam, New York, 1985; indicate if you are commenting on your telephone at (202) 453–2265 to schedule photoinspected 1990; and own behalf or on behalf of an an appointment or to request copies of (4) Gloversville, New York, 1985; association, business, or other entity. If comments or other materials. photoinspected 1992; you are commenting on behalf of an (c) Boundary. The Upper Hudson entity, your comment must include the Regulatory Flexibility Act viticultural area is located in Albany, entity’s name, as well as your name and TTB certifies that this proposed Montgomery, Rensselaer, Saratoga, position title. If you comment via regulation, if adopted, would not have Schenectady, Schoharie, and Regulations.gov, please enter the a significant economic impact on a Washington Counties in New York. The entity’s name in the ‘‘Organization’’ substantial number of small entities. boundary of the Upper Hudson blank of the online comment form. If The proposed regulation imposes no viticultural area is as described below: you comment via postal mail or hand new reporting, recordkeeping, or other (1) The point of the beginning is on delivery/courier, please submit your administrative requirement. Any benefit the Glens Falls map at the intersection entity’s comment on letterhead. derived from the use of an AVA name of U.S. Highway 9 and State Highway You may also write to the would be the result of a proprietor’s 32, in Glens Falls. From the beginning Administrator before the comment efforts and consumer acceptance of point, proceed east on State Highway 32 closing date to ask for a public hearing. wines from that area. Therefore, no to its intersection with State Highway The Administrator reserves the right to regulatory flexibility analysis is 254; then determine whether to hold a public required. (2) Proceed southeasterly along State hearing. Highway 254 to its intersection with Executive Order 12866 U.S. Highway 4 in Hudson Falls; then Confidentiality It has been determined that this (3) Proceed south along U.S. Highway All submitted comments and proposed rule is not a significant 4 to its intersection with State Highway attachments are part of the public record regulatory action as defined by 197 in Fort Edward; then and subject to disclosure. Do not Executive Order 12866 of September 30, (4) Proceed east, then southeast along enclose any material in your comments 1993. Therefore, no regulatory State Highway 197 to its intersection that you consider to be confidential or assessment is required. with State Highway 40 in Argyle; then inappropriate for public disclosure. (5) Proceed southeast in a straight line Drafting Information to the intersection of State Highway 29 Public Disclosure Karen A. Thornton of the Regulations and State Highway 22 in Greenwich TTB will post, and you may view, and Rulings Division drafted this Junction; then copies of this proposed rule, selected proposed rule. (6) Proceed south along State supporting materials, and any online or Highway 22, crossing onto the Albany mailed comments received about this List of Subjects in 27 CFR Part 9 map, to the highway’s intersection with proposal within Docket No. TTB–2018– Wine. State Highway 7 in Hoosick; then 0005 on the Federal e-rulemaking (7) Proceed southwest along State Proposed Regulatory Amendment portal, Regulations.gov, at http:// Highway 7, crossing the Hudson River, www.regulations.gov. A direct link to For the reasons discussed in the to the highway’s intersection with State that docket is available on the TTB preamble, TTB proposes to amend title Highway 32 in Green Island; then website at https://www.ttb.gov/wine/ 27, chapter I, part 9, Code of Federal (8) Proceed south on State Highway wine-rulemaking.shtml under Notice Regulations, as follows: 32 to its intersection with U.S. Highway No. 174. You may also reach the 20 in Albany; then relevant docket through the PART 9—AMERICAN VITICULTURAL (9) Proceed west on U.S. Highway 20 Regulations.gov search page at http:// AREAS its intersection with U.S. Highway 9; then www.regulations.gov. For information ■ 1. The authority citation for part 9 (10) Proceed southwest along U.S. on how to use Regulations.gov, click on continues to read as follows: the site’s ‘‘Help’’ tab. Highway 9 to its intersection with State All posted comments will display the Authority: 27 U.S.C. 205. Highway 443; then commenter’s name, organization (if (11) Proceed southwest, then westerly any), city, and State, and, in the case of Subpart C—Approved American along State Highway 443, crossing onto mailed comments, all address Viticultural Areas the Amsterdam map, to the highway’s information, including email addresses. ■ 2. Subpart C is amended by adding intersection with an unnamed state TTB may omit voluminous attachments §9.__ to read as follows: highway known locally as State or material that the Bureau considers Highway 30 in Vroman Corners; then unsuitable for posting. §9.__ Upper Hudson. (12) Proceed northwesterly along You may also view copies of this (a) Name. The name of the viticultural State Highway 30 to its intersection proposed rule, all related petitions, area described in this section is ‘‘Upper with State Highway 30A in Sidney maps and other supporting materials, Hudson’’. For purposes of part 4 of this Corners; then

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15095

(13) Proceed north along State ADDRESSES: Submit comments of the law. These regulations are Highway 30A, crossing over the electronically through the Federal proposed to be removed from the Code Mohawk River, to the highway’s eRulemaking Portal: http:// of Federal Regulations solely because intersection with State Highway 5 in www.regulations.gov, or by mail to: The the regulations are outdated and Fonda; then Treasury Department, Attn: Office of the unnecessary. (14) Proceed east along State Highway Assistant General Counsel for Banking Explanation of Provisions 5 to its intersection with State Highway and Finance, 1500 Pennsylvania 67 in Amsterdam; then Avenue NW, Washington, DC 20220. The regulations, or portions of (15) Proceed east along State Highway Because paper mail in the Washington, regulations, proposed to be removed 67 to its intersection with an unnamed DC area may be subject to delay, it is relate to components of Treasury light-duty road known locally as recommended that comments be programs that are no longer in existence. Morrow Road; then submitted electronically. Please include They are: TARP Standards for (16) Proceed northeast in a straight your name, affiliation, address, email Compensation and Corporate line, crossing over the southeastern address, and telephone number in your Governance, 31 CFR part 30. The corner of the Gloversville map and onto comment. Comments will be available regulations in 31 CFR part 30 set forth the Glens Falls map, to the point where for public inspection on standards for the compensation of Daly Creek empties into Great www.regulations.gov. In general, executives of companies that received Sacandaga Lake; then comments received, including capital from Treasury as part of the (17) Proceed northeast, then east attachments and other supporting Troubled Asset Relief Program (TARP) along the southern shore of Great materials, are part of the public record developed under the Emergency Sacandaga Lake to its confluence with and are available to the public. Do not Economic Stabilization Act of 2008 the Hudson River in the town of Lake submit any information in your (EESA) (12 U.S.C. 5201 et seq.). Portions Luzerne; then comment or supporting materials that of this rule relate to ‘‘exceptional (18) Proceed south, then easterly you consider confidential or financial assistance’’ that was provided along the southern bank of the Hudson inappropriate for public disclosure. to some of the largest financial River to its intersection with U.S. institutions in the United States under FOR FURTHER INFORMATION CONTACT: programs specifically created for those Highway 9 in South Glens Falls; then Laurie Adams, Office of the Assistant (19) Proceed northwest along U.S. institutions. Other portions of the rule General Counsel for Banking and established and provided authority to Highway 9, crossing the Hudson River, Finance at (202) 927–8727 or and returning to the beginning point. the Office of the Special Master for [email protected]. TARP Executive Compensation (Special Signed: November 30, 2017. SUPPLEMENTARY INFORMATION: Master). The Special Master was given John J. Manfreda Background authority to approve certain payments Administrator. to employees of TARP recipients Approved: March 30, 2018. On February 24, 2017, the President receiving exceptional financial Timothy E. Skud issued Executive Order 13777, assistance, review payments to Enforcing the Regulatory Reform Deputy Assistant Secretary, (Tax, Trade, and employees made prior to February 17, Tariff Policy). Agenda (82 FR 12285). E.O. 13777 2009, and issue advisory opinions on directed each agency to establish a compensation to TARP recipients. [FR Doc. 2018–07210 Filed 4–6–18; 8:45 am] Regulatory Reform Task Force. Each BILLING CODE 4810–31–P The TARP program has largely wound Regulatory Reform Task Force was down and there are no recipients of directed to review existing regulations exceptional financial assistance left in DEPARTMENT OF THE TREASURY for regulations that: (i) Eliminate jobs, or the TARP program. Additionally, the inhibit job creation; (ii) are outdated, Special Master had the opportunity to 31 CFR Parts 30 and 32 unnecessary, or ineffective; (iii) impose review compensation made prior to costs that exceed benefits; (iv) create a February 17, 2009. Given the absence of Eliminating Unnecessary Regulations serious inconsistency or otherwise exceptional financial assistance entities interfere with regulatory reform AGENCY: Departmental Offices, Treasury. and the current status of the TARP initiatives and policies; (v) are program, the Office of the Special ACTION: Notice of proposed rulemaking. inconsistent with the requirements of Master for TARP Executive the Information Quality Act (section 515 SUMMARY: Pursuant to the policies stated Compensation no longer has any of the Treasury and General employees. Thus, Treasury proposes in Executive Order 13777 (the executive Government Appropriations Act of order), the Treasury Department that Section 30.16 of 31 CFR part 30 be 2001) or OMB Information Quality removed. conducted a review of existing Guidance issued pursuant to that regulations, with the goal of reducing provision; or (vi) derive from or Payments in Lieu of Low Income regulatory burden by revoking or implement Executive Orders or other Housing Tax Credits (31 CFR Part 32) revising existing regulations that meet Presidential directives that have been The regulation in 31 CFR part 32 sets the criteria set forth in the executive subsequently rescinded or substantially forth Treasury’s policy regarding the order. This notice of proposed modified. time limitation within which State rulemaking proposes to streamline our This notice of proposed rulemaking housing credit agencies must disburse regulations by removing one regulation proposes to remove one regulation and funds received under section 1602 of that is no longer necessary because it portions of a second regulation that the American Recovery and does not have any current or future have no current or future applicability Reinvestment Tax Act of 2009. This rule applicability, and by amending one and, therefore, no longer provide useful allowed States to disburse section 1602 regulation to remove portions that no guidance. Removing these regulations funds to subawardees through December longer have any current or future from the Code of Federal Regulations 31, 2011 under certain conditions. applicability. will streamline Title 31, Money and Treasury no longer awards section DATES: Comment due date: June 8, 2018. Finance: Treasury; and increase clarity 1602 funds to State housing credit

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS