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Federal Register/Vol. 84, No. 160/Monday, August 19, 2019

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Federal Register/Vol. 84, No. 160/Monday, August 19, 2019 Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Proposed Rules 42863 (1) Plaintiff’s burden. (i) A plaintiff ACTION: Notice of proposed rulemaking. Homeland Security Act of 2002, must prove by the preponderance of the codified at 6 U.S.C. 531(d). The evidence, through evidence that is not SUMMARY: The Alcohol and Tobacco Tax Secretary has delegated various remote or speculative, each of the and Trade Bureau (TTB) proposes to authorities through Treasury elements in paragraphs (b)(2) through establish the 815-acre ‘‘Candy Department Order 120–01, dated (5) of this section; and Mountain’’ viticultural area in Benton December 10, 2013 (superseding (ii) If the defendant rebuts a plaintiff’s County, Washington. TTB also proposes Treasury Order 120–01, dated January assertion that the policy or practice is to expand the boundary of the existing 24, 2003), to the TTB Administrator to arbitrary, artificial, and unnecessary 1,093-acre Yakima Valley viticultural perform the functions and duties in the under paragraph (b)(1) of this section by area by approximately 72 acres in order administration and enforcement of these producing evidence showing that the to avoid a partial overlap with the provisions. challenged policy or practice advances proposed Candy Mountain viticultural Part 4 of the TTB regulations (27 CFR a valid interest (or interests), the area. Both the existing Yakima Valley part 4) authorizes TTB to establish plaintiff must prove by the AVA and the proposed Candy Mountain definitive viticultural areas and regulate preponderance of the evidence that a AVA are located entirely within the the use of their names as appellations of less discriminatory policy or practice existing Columbia Valley AVA. TTB origin on wine labels and in wine exists that would serve the defendant’s designates viticultural areas to allow advertisements. Part 9 of the TTB identified interest in an equally effective vintners to better describe the origin of regulations (27 CFR part 9) sets forth their wines and to allow consumers to manner without imposing materially standards for the preparation and better identify wines they may greater costs on, or creating other submission of petitions for the purchase. TTB invites comments on material burdens for, the defendant. establishment or modification of (2) Defendant’s burden. The these proposals. American viticultural areas (AVAs) and defendant may, as a complete defense: DATES: TTB must receive your lists the approved AVAs. (i) Prove any element identified under comments on or before October 18, Definition paragraph (c)(1) or (2) of this section; 2019. (ii) Demonstrate that the plaintiff has ADDRESSES: You may electronically Section 4.25(e)(1)(i) of the TTB not proven by the preponderance of the submit comments to TTB on this regulations (27 CFR 4.25(e)(1)(i)) defines evidence an element identified under proposal, and view copies of this a viticultural area for American wine as paragraph (d)(1)(i) of this section; or document, its supporting materials, and a delimited grape-growing region having (iii) Demonstrate that the alternative any comments TTB receives on it within distinguishing features, as described in policy or practice identified by the Docket No. TTB–2019–0006 as posted part 9 of the regulations, and a name plaintiff under paragraph (d)(1)(ii) of on Regulations.gov (https:// and a delineated boundary, as this section would not serve the valid www.regulations.gov), the Federal e- established in part 9 of the regulations. interest identified by the defendant in rulemaking portal. Please see the These designations allow vintners and an equally effective manner without ‘‘Public Participation’’ section of this consumers to attribute a given quality, imposing materially greater costs on, or document below for full details on how reputation, or other characteristic of a creating other material burdens for, the to comment on this proposal via wine made from grapes grown in an area defendant. Regulations.gov, U.S. mail, or hand to its geographic origin. The (e) Business of insurance laws. delivery, and for full details on how to establishment of AVAs allows vintners Nothing in this section is intended to view or obtain copies of this document, to describe more accurately the origin of invalidate, impair, or supersede any law its supporting materials, and any their wines to consumers and helps enacted by any state for the purpose of comments related to this proposal. consumers to identify wines they may regulating the business of insurance. FOR FURTHER INFORMATION CONTACT: purchase. Establishment of an AVA is Dated: July 29, 2019. Karen A. Thornton, Regulations and neither an approval nor an endorsement Anna Maria Farı´as, Rulings Division, Alcohol and Tobacco by TTB of the wine produced in that area. Assistant Secretary for Fair Housing and Tax and Trade Bureau, 1310 G Street Equal Opportunity. NW, Box 12, Washington, DC 20005; Requirements phone 202–453–1039, ext. 175. [FR Doc. 2019–17542 Filed 8–16–19; 8:45 am] Section 4.25(e)(2) of the TTB SUPPLEMENTARY INFORMATION: BILLING CODE 4210–67–P regulations (27 CFR 4.25(e)(2)) outlines Background on Viticultural Areas the procedure for proposing an AVA TTB Authority and provides that any interested party DEPARTMENT OF THE TREASURY may petition TTB to establish a grape- Section 105(e) of the Federal Alcohol growing region as an AVA. Section 9.12 Alcohol and Tobacco Tax and Trade Administration Act (FAA Act), 27 of the TTB regulations (27 CFR 9.12) Bureau 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. 27 CFR Part 9 for the labeling of wine, distilled spirits, Petitions to establish an AVA must [Docket No. TTB–2019–0006; Notice No. and malt beverages. The FAA Act include the following: 184] provides that these regulations should, • Evidence that the area within the among other things, prohibit consumer proposed AVA boundary is nationally RIN 1513–AC42 deception and the use of misleading or locally known by the AVA name statements on labels, and ensure that specified in the petition; Proposed Establishment of the Candy • Mountain Viticultural Area and labels provide the consumer with An explanation of the basis for Modification of the Yakima Valley adequate information as to the identity defining the boundary of the proposed Viticultural Area and quality of the product. The Alcohol AVA; and Tobacco Tax and Trade Bureau • A narrative description of the AGENCY: Alcohol and Tobacco Tax and (TTB) administers the FAA Act features of the proposed AVA that affect Trade Bureau, Treasury. pursuant to section 1111(d) of the viticulture, such as climate, geology, VerDate Sep<11>2014 15:58 Aug 16, 2019 Jkt 247001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM 19AUP1 jspears on DSK3GMQ082PROD with PROPOSALS 42864 Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Proposed Rules soils, physical features, and elevation, entire proposed Candy Mountain AVA Boundary Evidence that make the proposed AVA distinctive would be included within it. The The proposed Candy Mountain AVA and distinguish it from adjacent areas proposed expansion would increase the is located in Benton County, outside the proposed AVA boundary; size of the 1,093-acre Yakima Valley Washington, just southwest of the city • The appropriate United States AVA by 72 acres. of West Richland, on the southwestern Geological Survey (USGS) map(s) The distinguishing features of the slopes of Candy Mountain. The showing the location of the proposed proposed Candy Mountain AVA are its proposed AVA has a roughly oval shape AVA, with the boundary of the soils and topography. Although the proposed AVA clearly drawn thereon; and is oriented along a northwest- petition also included information on and southeast axis. The proposed northern, • A detailed narrative description of the general climate of the proposed western, and southern boundaries the proposed AVA boundary based on AVA, the petition did not include any follow roads and interstate highways USGS map markings. actual climate data from within the that are located along the base of the proposed Candy Mountain AVA. mountain. Most of the eastern boundary Petition To Establish the Candy Instead, the petition provided climate follows a line drawn along the crest of Mountain AVA and To Modify the data from the nearby established Red the mountain to separate the proposed Boundary of the Yakima Valley AVA Mountain AVA (27 CFR 9.167), which AVA from the northeastern-facing side TTB received a petition from Dr. the petition asserts has a similar of the mountain. The remainder of the Kevin R. Pogue, a professor of geology climate. Because the petition did not eastern boundary follows roads to at Whitman College, proposing to include evidence from within the encompass land near the base of the establish the ‘‘Candy Mountain’’ AVA proposed AVA to support its climate mountain that has slope angles and and to modify the boundary of the claims, TTB is unable to determine that slope aspects that are similar to those on existing Yakima Valley AVA (27 CFR climate is a distinguishing feature of the the southwestern side of the mountain. proposed AVA. Therefore, this proposed 9.69). Dr. Pogue submitted the petition Distinguishing Features on behalf of the following industry rule does not include a discussion of the members with wine businesses within climate of the proposed AVA. Unless According to the petition, the the proposed AVA: Ramer Holtan, who otherwise noted, all information and distinguishing features of the proposed is developing a commercial wine grape data contained in the following sections Candy Mountain AVA are its soils and vineyard on Candy Mountain; Premiere are from the petition to establish the topography.
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