Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8529

Dated: February 12, 2015. Secretary has delegated various • The appropriate United States Kevin J. Wolf, authorities through Treasury Geological Survey (USGS) map(s) Assistant Secretary for Export Department Order 120–01 (Revised), showing the location of the proposed Administration. dated December 10, 2013, to the TTB AVA, with the boundary of the [FR Doc. 2015–03321 Filed 2–17–15; 8:45 am] Administrator to perform the functions proposed AVA clearly drawn thereon; BILLING CODE 3510–33–P and duties in the administration and and enforcement of this law. • A detailed narrative description of Part 4 of the TTB regulations (27 CFR the proposed AVA boundary based on DEPARTMENT OF THE TREASURY part 4) authorizes TTB to establish USGS map markings. definitive viticultural areas and regulate Fountaingrove District Petition Alcohol and Tobacco Tax and Trade the use of their names as appellations of Bureau origin on wine labels and in wine TTB received a petition from Douglas advertisements. Part 9 of the TTB Grigg of Walnut Hill Vineyards, LLC, on 27 CFR Part 9 regulations (27 CFR part 9) sets forth behalf of the Fountaingrove Appellation standards for the preparation and Committee, proposing the establishment [Docket No. TTB–2014–0006; T.D. TTB–128; submission of petitions for the of the ‘‘Fountaingrove District’’ AVA in Ref: Notice No. 144] establishment or modification of Sonoma County, California, northeast of RIN 1513–AC09 American viticultural areas (AVAs) and the city of Santa Rosa. The committee lists the approved AVAs. originally proposed the name Establishment of the Fountaingrove ‘‘Fountaingrove,’’ after the 19th Century District Viticultural Area Definition utopian community of Fountaingrove Section 4.25(e)(1)(i) of the TTB that once existed within the region of AGENCY: Alcohol and Tobacco Tax and regulations (27 CFR 4.25(e)(1)(i)) defines the proposed AVA. Before the Trade Bureau, Treasury. a viticultural area for American wine as publication of the proposed rule, the ACTION: Final rule; Treasury decision. a delimited grape-growing region having committee submitted to TTB a request distinguishing features, as described in to change the name to ‘‘Fountaingrove SUMMARY: The Alcohol and Tobacco Tax part 9 of the regulations, and a name District’’ in order to avoid affecting and Trade Bureau (TTB) establishes the and a delineated boundary, as current use of the word approximately 38,000-acre established in part 9 of the regulations. ‘‘Fountaingrove,’’ standing alone, in ‘‘Fountaingrove District’’ viticultural These designations allow vintners and brand names on wine labels. The area in Sonoma County, California. The consumers to attribute a given quality, proposed AVA covers approximately viticultural area lies entirely within the reputation, or other characteristic of a 38,000 acres and has approximately 35 larger, multicounty North Coast wine made from grapes grown in an area commercially-producing vineyards viticultural area. TTB designates to the wine’s geographic origin. The covering a total of 500 acres. viticultural areas to allow vintners to establishment of AVAs allows vintners The proposed Fountaingrove District better describe the origin of their wines to describe more accurately the origin of AVA is located entirely within the and to allow consumers to better their wines to consumers and helps larger, multicounty North Coast AVA identify wines they may purchase. consumers to identify wines they may (27 CFR 9.30). The proposed AVA DATES: This final rule is effective March purchase. Establishment of an AVA is shares its boundaries with the 20, 2015. neither an approval nor an endorsement established Russian River Valley (27 FOR FURTHER INFORMATION CONTACT: by TTB of the wine produced in that CFR 9.66), Chalk Hill (27 CFR 9.52), Karen A. Thornton, Regulations and area. Knights Valley (27 CFR 9.76), Calistoga Rulings Division, Alcohol and Tobacco (27 CFR 9.209), Diamond Mountain Requirements Tax and Trade Bureau, 1310 G Street District (27 CFR 9.166), Spring NW., Box 12, Washington, DC 20005; Section 4.25(e)(2) of the TTB Mountain District (27 CFR 9.143), and phone 202–453–1039, ext. 175. regulations (27 CFR 4.25(e)(2)) outlines Sonoma Valley (27 CFR 9.29) AVAs but does not overlap any of these AVAs. SUPPLEMENTARY INFORMATION: the procedure for proposing an AVA and provides that any interested party According to the petition, the Background on Viticultural Areas may petition TTB to establish a grape- distinguishing features of the proposed Fountaingrove District AVA are its TTB Authority growing region as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) topography, climate, and soils. The Section 105(e) of the Federal Alcohol prescribes standards for petitions for the proposed AVA is located on the western Administration Act (FAA Act), 27 establishment or modification of AVAs. slopes of the Mayacmas Mountains and U.S.C. 205(e), authorizes the Secretary Petitions to establish an AVA must features low, rolling hills as well as of the Treasury to prescribe regulations include the following: higher, steeper mountains with for the labeling of wine, distilled spirits, • Evidence that the area within the southwest-facing slopes. The Sonoma and malt beverages. The FAA Act proposed AVA boundary is nationally Mountains, along the southwestern provides that these regulations should, or locally known by the AVA name boundary of the proposed AVA, shelter among other things, prohibit consumer specified in the petition; the proposed AVA from the strongest deception and the use of misleading • An explanation of the basis for marine breezes and heaviest fog, but an statements on labels and ensure that defining the boundary of the proposed air gap in the mountains does allow labels provide the consumer with AVA; some cooling air and fog into the adequate information as to the identity • A narrative description of the proposed AVA. The moderate and quality of the product. The Alcohol features of the proposed AVA affecting temperatures within the proposed and Tobacco Tax and Trade Bureau viticulture, such as climate, geology, Fountaingrove District AVA are suitable (TTB) administers the FAA Act soils, physical features, and elevation, for growing cabernet sauvignon, pursuant to section 1111(d) of the that make the proposed AVA distinctive chardonnay, sauvignon blanc, merlot, Homeland Security Act of 2002, and distinguish it from adjacent areas cabernet franc, zinfandel, syrah, and codified at 6 U.S.C. 531(d). The outside the proposed AVA boundary; voignier grape varieties. The proposed

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AVA contains a variety of different Comments Received Boundary Description soils, but most of the soils are derived In response to Notice No. 144, TTB See the narrative description of the from Sonoma Volcanic and Franciscan boundary of the AVA in the regulatory Formation bedrock and consist of received a total of four comments, all of which supported the establishment of text published at the end of this final volcanic materials, such as pumiceous rule. ashflow tuff and basalt lava. The soils the Fountaingrove District AVA. contain high levels of iron, which is Commenters included three local Maps essential for healthy vine growth, but vineyard and winery owners and one person who listed no affiliation. All of The petitioner provided the required also contain high levels of nickel, which the comments generally supported the maps, and they are listed below in the can be toxic to grapevines unless the establishment of the proposed AVA due regulatory text. soil is ameliorated to reduce the level. to its distinctive climate and soils and Impact on Current Wine Labels To the west of the proposed its long history as a wine region. One Fountaingrove District AVA, the comment (comment 4) also supported Part 4 of the TTB regulations prohibits established Russian River Valley AVA is the establishment of the proposed AVA any label reference on a wine that a low, broad valley with cooler as a way to honor the accomplishments indicates or implies an origin other than temperatures and soil derived from river of Kanaye Nagasawa, a Japanese citizen the wine’s true place of origin. For a deposits. To the north, the Knights who managed the vineyards and winery wine to be labeled with an AVA name Valley AVA is warmer than the of the Fountaingrove community and or with a brand name that includes an proposed AVA and contains broad became one of the most prominent wine AVA name, at least 85 percent of the stream valleys with soils derived from makers in California during the early wine must be derived from grapes river deposits. Also to the north of the 1900s. grown within the area represented by proposed AVA is the Chalk Hill AVA, that name, and the wine must meet the The comments did not raise any new other conditions listed in 27 CFR which has temperatures and topography issues concerning the proposed AVA. similar to the proposed AVA, but has 4.25(e)(3). If the wine is not eligible for TTB received no comments opposing labeling with an AVA name and that soils that are derived primarily from the establishment of the Fountaingrove river deposits. To the east, the Calistoga, name appears in the brand name, then District AVA. TTB also did not receive the label is not in compliance and the Diamond Mountain District, and Spring any comments in response to its Mountain District AVAs have northeast- bottler must change the brand name and question of whether the proposed obtain approval of a new label. facing slopes, warmer temperatures, and Fountaingrove District AVA is so less soil diversity. To the south, the Similarly, if the AVA name appears in distinguishable from the established another reference on the label in a Sonoma Valley AVA is a large, broad North Coast AVA that the proposed valley with soils derived from river misleading manner, the bottler would AVA should not be part of the have to obtain approval of a new label. deposits and temperatures that are established AVA. warmer than those of the proposed Different rules apply if a wine has a AVA. TTB Determination brand name containing an AVA name that was used as a brand name on a Notice of Proposed Rulemaking and After careful review of the petition label approved before July 7, 1986. See Comments Received and the comments received in response 27 CFR 4.39(i)(2) for details. to Notice No. 144, TTB finds that the With the establishment of this AVA, TTB published Notice No. 144 in the evidence provided by the petitioner its name, ‘‘Fountaingrove District,’’ will Federal Register on June 30, 2014 (79 supports the establishment of the be recognized as a name of viticultural FR 36683), proposing to establish the Fountaingrove District AVA. significance under § 4.39(i)(3) of the Fountaingrove District AVA. In the Accordingly, under the authority of the TTB regulations (27 CFR 4.39(i)(3)). The notice, TTB summarized the evidence FAA Act, section 1111(d) of the text of the regulation clarifies this point. from the petition regarding the name, Homeland Security Act of 2002, and Consequently, wine bottlers using the boundary, and distinguishing features part 4 of the TTB regulations, TTB name ‘‘Fountaingrove District’’ in a for the proposed AVA. The notice also establishes the ‘‘Fountaingrove District’’ brand name, including a trademark, or compared the distinguishing features of AVA in Sonoma County, California, in another label reference as to the the proposed AVA to the surrounding effective 30 days from the publication origin of the wine, will have to ensure areas. For a detailed description of the date of this document. that the product is eligible to use the evidence relating to the name, TTB has also determined that the AVA name as an appellation of origin. boundary, and distinguishing features of Fountaingrove District AVA will remain TTB is not designating the proposed AVA, and for a detailed part of the established North Coast ‘‘Fountaingrove,’’ standing alone, as a comparison of the distinguishing AVA. As discussed in Notice No. 144, term of viticultural significance due to features of the proposed AVA to the the Fountaingrove District AVA receives the current use of ‘‘Fountaingrove,’’ surrounding areas, see Notice No. 144. some of the marine breezes and fog that standing alone, as a brand name on In Notice No. 144, TTB solicited are the primary characteristics of the wine labels. comments on the accuracy of the name, North Coast AVA. However, the The establishment of the boundary, and other required Fountaingrove District AVA is also a Fountaingrove District AVA will not information submitted in support of the unique microclimate within the larger affect any existing AVA, and any petition. In addition, TTB solicited AVA because the Mayacmas Mountains bottlers using ‘‘North Coast’’ as an comments on whether the geographic shelter the Fountaingrove District AVA appellation of origin or in a brand name features of the proposed Fountaingrove from the strongest breezes and heaviest for wines made from grapes grown District are so distinguishable from the fog. Additionally, due to its smaller size, within the North Coast AVA will not be established North Coast AVA that the the Fountaingrove District AVA is more affected by the establishment of this proposed AVA should not be part of the uniform in its geographical and climatic new AVA. The establishment of the established AVA. The comment period characteristics than the much larger, Fountaingrove District AVA will allow closed on August 29, 2014. multicounty North Coast AVA. vintners to use ‘‘Fountaingrove District’’

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and ‘‘North Coast’’ as appellations of (3) Kenwood, CA; 1954; photorevised (12) Proceed northeasterly along origin for wines made primarily from 1980; and Franz Valley Road to the western grapes grown within the Fountaingrove (4) Santa Rosa, CA; 1994. boundary of section 6, T8N/R7W; then District AVA if the wines meet the (c) Boundary. The Fountaingrove (13) Proceed south along the western eligibility requirements for the District viticultural area is located in boundary of section 6, T8N/R7W, to the appellation. Sonoma County, California. The southwest corner of section 6; then boundary of the Fountaingrove District (14) Proceed east, then east-northeast Regulatory Flexibility Act viticultural area is as described below: along the southern boundaries of TTB certifies that this regulation will (1) The beginning point is on the sections 6, 5, and 4, T8N/R7W, to the not have a significant economic impact Mark West Springs map at the southeast corner of section 4; then on a substantial number of small intersection of the shared Sonoma-Napa (15) Proceed north along the eastern entities. The regulation imposes no new County line with Petrified Forest Road, boundary of section 4, T8N/R7W, to the reporting, recordkeeping, or other section 3, T8N/R7W. Sonoma-Napa County line; then administrative requirement. Any benefit (2) From the beginning point, proceed (16) Proceed easterly along the derived from the use of an AVA name southeasterly along the Sonoma-Napa Sonoma-Napa County line to the would be the result of a proprietor’s County line, crossing onto the Calistoga beginning point. efforts and consumer acceptance of map and then the Kenwood map, to the Dated: January 15, 2015. wines from that area. Therefore, no marked 2,530-peak of an unnamed Mary G. Ryan, regulatory flexibility analysis is mountain, section 9, T7N/R6W; then Acting Administrator. required. (3) Proceed west-southwest in a Approved: January 21, 2015. straight line to the marked 2,730-foot Executive Order 12866 Timothy E. Skud, summit of Mt. Hood, section 8, T7N/ It has been determined that this final R6W; then Deputy Assistant Secretary (Tax, Trade, and Tariff Policy). rule is not a significant regulatory action (4) Proceed west-northwest in a as defined by Executive Order 12866 of straight line to the marked 1,542-foot [FR Doc. 2015–03371 Filed 2–17–15; 8:45 am] September 30, 1993. Therefore, no summit of Buzzard Peak, section 11, BILLING CODE 4810–31–P regulatory assessment is required. T7N/R7W; then Drafting Information (5) Proceed west-southwest in a DEPARTMENT OF THE TREASURY Karen A. Thornton of the Regulations straight line, crossing onto the Santa Rosa map, to the intersection of State and Rulings Division drafted this final Office of Foreign Assets Control rule. Highway 12 and Los Alamos Road; then (6) Proceed due north in a straight 31 CFR Part 538 List of Subjects in 27 CFR Part 9 line to the southern boundary of section Wine. 9, T7N/R7W; then Sudanese Sanctions Regulations (7) Proceed west-northwest along the The Regulatory Amendment southern boundaries of sections 9, 4, AGENCY: Office of Foreign Assets For the reasons discussed in the and 5, T7N/R7W, to the western Control, Treasury. preamble, TTB amends title 27, chapter boundary of the Los Guilicos Land ACTION: Final rule. I, part 9, Code of Federal Regulations, as Grant; then follows: (8) Proceed west-southwest along the SUMMARY: The Department of the southern boundaries of sections 5, 6, Treasury’s Office of Foreign Assets PART 9—AMERICAN VITICULTURAL and 7, T7N/R7W; then continue west- Control (OFAC) is adopting a final rule AREAS southwest along the southern amending the Sudanese Sanctions boundaries of sections 12 and 11, T7N/ Regulations (the ‘‘SSR’’) by adding a ■ 1. The authority citation for part 9 R8W, to the point where the section 11 general license pertaining to certain continues to read as follows: boundary becomes concurrent with an software, hardware, and services Authority: 27 U.S.C. 205. unnamed light-duty road known locally incident to personal communications. as Lewis Road; and then continue west- OFAC is also making other technical Subpart C—Approved American southwest along Lewis Road to the and conforming changes. Viticultural Areas road’s intersection with Mendocino DATES: Effective: February 18, 2015. FOR FURTHER INFORMATION CONTACT: ■ 2. Subpart C is amended by adding Avenue in Santa Rosa; then § 9.250 to read as follows: (9) Proceed north-northwesterly along Assistant Director for Licensing, tel.: Mendocino Avenue to the road’s 202/622–2480, Assistant Director for § 9.250 Fountaingrove District. intersection with an unnamed road Policy, tel.: 202/622–6746, Assistant (a) Name. The name of the viticultural known locally as Bicentennial Way; Director for Regulatory Affairs, tel.: 202/ area described in this section is then 622–4855, Assistant Director for ‘‘Fountaingrove District.’’ For purposes (10) Proceed north in a straight line, Sanctions Compliance & Evaluation, of part 4 of this chapter, ‘‘Fountaingrove crossing through the marked 906-foot tel.: 202/622–2490, Office of Foreign District’’ is a term of viticultural elevation peak in section 35, T8N/R8W, Assets Control, or Chief Counsel significance. and, crossing on to the Mark West (Foreign Assets Control), tel.: 202/622– (b) Approved maps. The four United Springs map, continue to the line’s 2410, Office of the General Counsel, States Geological Survey (USGS) intersection with Mark West Springs Department of the Treasury (not toll free 1:24,000 scale topographic maps used to Road, section 26, T8N/R8W; then numbers). determine the boundary of the (11) Proceed northerly along Mark SUPPLEMENTARY INFORMATION: Fountaingrove District viticultural area West Springs Road, which turns easterly Electronic and Facsimile Availability are titled: and becomes Porter Creek Road, to the (1) Mark West Springs, CA; 1993; road’s intersection with Franz Valley This document and additional (2) Calistoga, CA; 1997; Road, section 12, T8N/R8W; then information concerning OFAC are

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