Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules 14791

www.regulations.gov. A direct link to Proposed Regulatory Amendment Monterey County, California, by that docket is available on the TTB For the reasons discussed in the approximately 90 acres. The established website at https://www.ttb.gov/wine/ Arroyo Seco viticultural area and the _ preamble, TTB proposes to amend title wine rulemaking.shtml under Notice 27, chapter I, part 9, Code of Federal proposed expansion area both lie within No. 173. You may also reach the Regulations, as follows: the established Monterey viticultural relevant docket through the area and the larger, multi-county Central Regulations.gov search page at http:// PART 9—AMERICAN VITICULTURAL Coast viticultural area. TTB designates www.regulations.gov. For information AREAS viticultural areas to allow vintners to on how to use Regulations.gov, click on better describe the origin of their wines the website’s ‘‘Help’’ tab. ■ 1. The authority citation for part 9 and to allow consumers to better All posted comments will display the continues to read as follows: identify wines they may purchase. TTB commenter’s name, organization (if Authority: 27 U.S.C. 205. invites comments on this proposed any), city, and State, and, in the case of amendment to its regulations. mailed comments, all address Subpart C—Approved American DATES: Comments must be received by information, including email addresses. Viticultural Areas June 5, 2018. TTB may omit voluminous attachments ■ 2. Section 9.48 is amended by revising ADDRESSES: Please send your comments or material that the Bureau considers paragraph (c)(16), redesignating on this notice to one of the following unsuitable for posting. paragraph (c)(17) as paragraph (c)(19), addresses: • You may also view copies of this and adding new paragraphs (c)(17) and Internet: http://www.regulations.gov notice of proposed rulemaking, all (c)(18) to read as follows: (via the online comment form for this related petitions, maps and other notice as posted within Docket No. supporting materials, and any electronic § 9.48 Monticello. TTB–2018–0003 at ‘‘Regulations.gov,’’ or mailed comments that TTB receives * * * * * the Federal e-rulemaking portal); about this proposal by appointment at (c) * * * • U.S. Mail: Director, Regulations and the TTB Information Resource Center, (16) Then continuing southwest along Rulings Division, Alcohol and Tobacco 1310 G Street NW, Washington, DC the county line to its intersection with Tax and Trade Bureau, 1310 G Street 20005. You may also obtain copies at 20 the Rivanna River; NW, Box 12, Washington, DC 20005; or cents per 8.5- x 11-inch page. Please (17) Then southeast along the Rivanna • Hand delivery/courier in lieu of note that TTB is unable to provide River to its confluence with the James mail: Alcohol and Tobacco Tax and copies of USGS maps or other similarly- River, near the Fluvanna–Goochland Trade Bureau, 1310 G Street NW, Suite sized documents that may be included County line; 400, Washington, DC 20005. as part of the AVA petition. Contact (18) Then southwest, then northwest See the Public Participation section of TTB’s information specialist at the along the James River to its intersection this notice for specific instructions and above address or by telephone at 202– with the Albemarle County line; requirements for submitting comments, 453–2265 to schedule an appointment * * * * * and for information on how to request or to request copies of comments or a public hearing or view or obtain other materials. Signed: November 30, 2017. copies of the petition and supporting John J. Manfreda, materials. Regulatory Flexibility Act Administrator. FOR FURTHER INFORMATION CONTACT: TTB certifies that this proposed Approved: March 30, 2018. Karen A. Thornton, Regulations and regulation, if adopted, would not have Timothy E. Skud, Rulings Division, Alcohol and Tobacco a significant economic impact on a Deputy Assistant Secretary, (Tax, Trade, and Tax and Trade Bureau, 1310 G Street substantial number of small entities. Tariff Policy). NW, Box 12, Washington, DC 20005; The proposed regulation imposes no [FR Doc. 2018–07090 Filed 4–5–18; 8:45 am] phone 202–453–1039, ext. 175. new reporting, recordkeeping, or other BILLING CODE 4810–31–P administrative requirement. Any benefit SUPPLEMENTARY INFORMATION: derived from the use of an AVA name Background on Viticultural Areas would be the result of a proprietor’s DEPARTMENT OF THE TREASURY efforts and consumer acceptance of TTB Authority wines from that area. Therefore, no Alcohol and Tobacco Tax and Trade Section 105(e) of the Federal Alcohol regulatory flexibility analysis is Bureau Administration Act (FAA Act), 27 required. U.S.C. 205(e), authorizes the Secretary 27 CFR Part 9 of the Treasury to prescribe regulations Executive Order 12866 [Docket No. TTB–2018–0003; Notice No. for the labeling of wine, distilled spirits, It has been determined that this 172] and malt beverages. The FAA Act proposed rule is not a significant provides that these regulations should, regulatory action as defined by RIN 1513–AC36 among other things, prohibit consumer Executive Order 12866 of September 30, deception and the use of misleading Proposed Expansion of the Arroyo 1993. Therefore, no regulatory statements on labels and ensure that Seco Viticultural Area assessment is required. labels provide the consumer with adequate information as to the identity Drafting Information AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury. and quality of the product. The Alcohol Karen A. Thornton of the Regulations ACTION: Notice of proposed rulemaking. and Tobacco Tax and Trade Bureau and Rulings Division drafted this notice (TTB) administers the FAA Act of proposed rulemaking. SUMMARY: The Alcohol and Tobacco Tax pursuant to section 1111(d) of the and Trade Bureau (TTB) proposes to Homeland Security Act of 2002, List of Subjects in 27 CFR Part 9 expand the approximately 18,240-acre codified at 6 U.S.C. 531(d). The Wine. ‘‘Arroyo Seco’’ viticultural area in Secretary has delegated various

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authorities through Treasury geology, soils, physical features, and was created by the State of California Department Order 120–01, dated elevation, that make the proposed and shows proposed dam sites in the December 10, 2013, (superseding expansion area similar to the ‘‘Arroyo Seco watershed.’’ The Treasury Order 120–01, dated January established AVA and distinguish it from confluence of Piney Creek and the 24, 2003), to the TTB Administrator to adjacent areas outside the established Arroyo Seco, which is the location of perform the functions and duties in the AVA boundary; the proposed expansion area, appears administration and enforcement of these • The appropriate United States on this map. The second map is a provisions. Geological Survey (USGS) map(s) wildlife survey study map that was Part 4 of the TTB regulations (27 CFR showing the location of the proposed produced by California State part 4) authorizes TTB to establish expansion area, with the boundary of University–Monterey Bay and is titled definitive viticultural areas and regulate the proposed expansion area clearly ‘‘Aquatic Life and Habitat in the Arroyo the use of their names as appellations of drawn thereon; and Seco Watershed.’’ The bend in the origin on wine labels and in wine • A detailed narrative description of Arroyo Seco where the proposed advertisements. Part 9 of the TTB the proposed expansion area boundary expansion area is located is shown on regulations (27 CFR part 9) sets forth based on USGS map markings. the map, and symbols on the map standards for the preparation and Petition To Expand the Arroyo Seco indicate that the region was included as submission of petitions for the AVA part of the Arroyo Seco watershed establishment or modification of aquatic life survey. American viticultural areas (AVAs) and TTB received a petition from Ann The petition also includes evidence lists the approved AVAs. Hougham, owner of the Mesa del Sol that the proposed expansion area has Vineyards, proposing to expand the historically been associated with the Definition established ‘‘Arroyo Seco’’ AVA. The name ‘‘Arroyo Seco.’’ An excerpt from Section 4.25(e)(1)(i) of the TTB Arroyo Seco AVA (27 CFR 9.59) was a book that chronicles the history of the regulations (27 CFR 4.25(e)(1)(i)) defines established by T.D. ATF–131, which region states, ‘‘From April 15, 1880, a viticultural area for American wine as published in the Federal Register on when the first tract of 80 acres was a delimited grape-growing region having April 15, 1983 (48 FR 16245). The patented to a George M. Moore, until distinguishing features, as described in Arroyo Seco AVA covers approximately August 22, 1924, * * * a total of 316 part 9 of the regulations, and a name 18,240 acres in Monterey County, homesteads were granted in the Arroyo and a delineated boundary, as California, and is located within the Seco area.’’ 1 A second excerpt, from the established in part 9 of the regulations. established Monterey AVA (27 CFR memoirs of local resident Fred Weybret, These designations allow vintners and 9.98) and the larger, multi-county Jr., describes his childhood in the region consumers to attribute a given quality, Central Coast AVA (27 CFR 9.75). from 1928 to 1933 and notes, ‘‘There reputation, or other characteristic of a The proposed expansion area contains was no electricity in the Arroyo Seco at wine made from grapes grown in an area approximately 90 acres and is adjacent that time * * * ’’ 2 The petition also to the wine’s geographic origin. The to the far southwestern corner of the included the ownership history of the establishment of AVAs allows vintners Arroyo Seco AVA. The proposed petitioner’s property, obtained from a to describe more accurately the origin of expansion area is located on an upland title company, which shows that her their wines to consumers and helps terrace on the northern bank of a creek property was once part of the land consumers to identify wines they may known as the Arroyo Seco, which is mentioned in the book as belonging to purchase. Establishment of an AVA is Spanish for ‘‘dry creek.’’ There is one Mr. Moore and was owned by the neither an approval nor an endorsement vineyard covering a total of Weybret family from 1928 to 1945. by TTB of the wine produced in that approximately 14 acres within the area. proposed expansion area. The petition Boundary Evidence included a copy of an email from the The Arroyo Seco AVA is located Requirements Arroyo Seco Winegrowers, stating that along the sloping bench lands Section 4.25(e)(2) of the TTB the proposed expansion was shared surrounding the Arroyo Seco, which regulations (27 CFR 4.25(e)(2)) outlines with its members and received no flows into the Salinas River near the procedure for proposing the objections. Unless otherwise noted, all Soledad. The Arroyo Seco AVA is establishment of an AVA and provides information and data pertaining to the irregularly shaped, with the main that any interested party may petition proposed expansion area contained in portion of the AVA roughly resembling TTB to establish a grape-growing region this document come from the petition a triangle with its apex pointing to the as an AVA. Petitioners may use the and its supporting exhibits. southwest. A long, narrow ‘‘panhandle’’ same procedures to request changes Name Evidence extends from the apex of the triangle involving existing AVAs. Section 9.12(c) and is aligned west to east. The of the TTB regulations (27 CFR 9.12(c)) The petition provides evidence that ‘‘panhandle’’ is formed by a series of prescribes standards for petitions for the proposed expansion area is straight lines that follow the southern modifying established AVAs. Petitions associated with the name ‘‘Arroyo boundaries of several sections on the to expand an established AVA must Seco.’’ The petitioner states that the USGS Sycamore Flat quadrangle map. include the following: address of her vineyard is Arroyo Seco The 90-acre proposed expansion area is • Evidence that the region within the Road, which also runs through the a roughly triangular area adjacent to the proposed expansion area boundary is Arroyo Seco AVA. The creek known as southern edge of the ‘‘panhandle,’’ near nationally or locally known by the name the Arroyo Seco forms the southern and the confluence of Piney Creek and the of the established AVA; eastern boundary of the proposed • Arroyo Seco. An explanation of the basis for expansion area and also flows through The proposed expansion area defining the boundary of the proposed the established Arroyo Seco AVA. Two boundary begins at the intersection of expansion area; maps were included in the petition as • A narrative description of the evidence that the proposed expansion 1 Coelho, Al. The Arroyo Seco. 1982. features of the proposed expansion area area is part of the larger region referred 2 Weybret, Fred Jr. (2002). Arroyo Seco. affecting viticulture, including climate, to as the ‘‘Arroyo Seco.’’ The first map Unpublished memoir manuscript.

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Arroyo Seco Road, Carmel Valley Road, the USDA Natural Resources also states that the principal landforms and the southwestern corner of section Conservation Service website, as well as of the proposed expansion area are 22 of the USGS Sycamore Flat a report from a soil analysis performed terraces and alluvial fans, which is quadrangle map. This intersection is on the petitioner’s property by an similar to the topography of the also the beginning point for southern agricultural testing service. The testing established AVA. Finally, a USGS boundary of the ‘‘panhandle’’ portion of service’s report shows that the three geologic map of the Salinas River Valley the current AVA boundary. Instead of sample sites from within the proposed and the Arroyo Seco shows that the proceeding east along the southern expansion area all have low levels of terrace formation on which the boundary of section 22, as the current lime, similar to the soils within the proposed expansion area is located boundary does, the proposed expansion Arroyo Seco AVA. The USDA soil extends into the Arroyo Seco AVA. area boundary proceeds southwesterly report concludes that approximately 96 along Arroyo Seco Road to Piney Creek. percent of the soils within the proposed Comparison of the Proposed Arroyo The proposed boundary then proceeds expansion area are from the Lockwood Seco AVA Expansion Area to the southeasterly (downstream) along Piney series, and that minor amounts of soils Existing Monterey and Central Coast Creek to its confluence with the Arroyo from the Elder and Mocho series are AVAs Seco. The proposed boundary then also present. The results from both Monterey AVA proceeds northeasterly (downstream) reports indicate that the soils within the The Monterey AVA was established along the Arroyo Seco and rejoins the proposed expansion area are very by T.D. ATF–177, which was published current AVA boundary at the similar to the soils found within the in the Federal Register on June 15, 1984 intersection of the Arroyo Seco with the established AVA. southern boundary of section 22. The soils within both the proposed (49 FR 24714). The Monterey AVA is The proposed expansion area is expansion area and the established AVA located in Monterey County, California, bordered to the north by the established affect viticulture. Vines planted in soils south and southeast of the city of Arroyo Seco AVA. The petition states with low levels of lime are typically Salinas, and covers approximately two- that the land surrounding the proposed slightly acidic and are better able to thirds of the county. Elevations within expansion area in the other directions is absorb key nutrients, such as iron and the Monterey AVA are generally below mostly unavailable for commercial phosphorous, than vines planted in 1,000 feet. The soils of the Monterey viticulture. Due south of the proposed soils with high levels of lime. Well- AVA are described as having low levels expansion area, along the southern bank drained soils reduce the risk of fungal of lime and salt, with pH levels between of the Arroyo Seco, is a large parcel of disease and rot. 5.1 and 8.4, as well as very low levels of organic matter. land owned by the Big Sur Land Trust Topography to be kept as open space in perpetuity. The proposed Arroyo Seco AVA To the west, southwest, and southeast of T.D. ATF–131 states that the Arroyo expansion area has elevations and soils both the proposed expansion area and Seco AVA consists of sloping bench similar to the Monterey AVA. Within the Big Sur Land Trust property is the land surrounding the Arroyo Seco. the proposed expansion area, the Ventana Wilderness portion of the Los Slope angles within the AVA are highest elevations are between 600 and Padres National Forest. Because of its described as between 0 and 9 percent. 700 feet. The soils of the proposed status as a Federally-protected According to T.D. ATF–131, elevations expansion area are also low in lime and wilderness within a National Forest, are highest within the far western salt and have pH levels of between 6.2 this land is largely unavailable for portion of the AVA, where elevations and 6.6. However, the soil analysis commercial purposes. Although the can reach over 600 feet in the foothills provided in the expansion petition Sycamore Flat USGS quadrangle map of the Santa Lucia Mountains. The shows that the soils of the proposed shows several inholdings (privately- sloping elevations allow cold air to expansion area have medium-to-high held lands) within the National Forest, drain from the vineyards, reducing the levels of organic matter, compared to the petition describes the forest as a risk of frost. the very low levels of organic matter largely roadless, mountainous area with According to the USGS topographic that characterize the Monterey AVA. map included in the petition, elevations little land suitable for viticulture, even Additionally, the expansion petition within the proposed expansion area are in the inholdings where commercial provided evidence that the proposed similar to those of the adjacent region viticulture might be permitted. expansion area is frequently described that is within the Arroyo Seco AVA, as being in an area referred to as the Distinguishing Features which range from approximately 600 ‘‘Arroyo Seco,’’ rather than being The petition states that the soils and feet along the banks of the Arroyo Seco described with the broader County topography of the proposed expansion to an unnamed peak with an elevation name of ‘‘Monterrey.’’ of 1,110 feet. For comparison, elevations area are similar to those of the Central Coast AVA established Arroyo Seco AVA. within the proposed expansion area are highest within the northern portion, The large, 1 million-acre Central Coast Soils adjacent to the established AVA’s AVA was established by T.D. ATF–216, T.D. ATF–131 described the soils of southern boundary, at approximately which was published in the Federal the Arroyo Seco AVA as gravelly and 700 feet. Elevations in the southern Register on October 24, 1985 (50 FR fine sandy loams with low lime content. portion of the proposed expansion area, 43128). The Central Coast viticultural The principal soil series within the adjacent to the Arroyo Seco, are area encompasses the California AVA are Mocho, Lockwood, Arroyo approximately 600 feet. The USDA soil counties of Alameda, Contra Costa, Seco, Rincon, Elder, and Chular. The report included with the proposed Monterey, San Benito, San Francisco, soils are described as well-drained. T.D. expansion petition states that the slope San Luis Obispo, San Mateo, Santa ATF–131 did not describe the soils of angles within the proposed expansion Barbara, Santa Clara, and Santa Cruz, the regions surrounding the Arroyo Seco area are between 0 and 9 percent, which and it contains 39 established AVAs. AVA. is the same as the range of slope angles T.D. ATF–216 describes the Central The proposed expansion petition attributed to the established AVA in Coast viticultural area as extending from included a soil report generated from T.D. ATF–131. The USDA soil report Santa Barbara to the San Francisco Bay

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area, and east to the California Coastal compliance and the bottler must change Tobacco Tax and Trade Bureau, 1310 G Ranges. The only distinguishing feature the brand name and obtain approval of Street NW, Suite 400, Washington, DC of the California Coast AVA addressed a new label. Similarly, if the AVA name 20005. in T.D. ATF–216 is that all of the appears in another reference on the Please submit your comments by the included counties experience marine label in a misleading manner, the bottler closing date shown above in this notice. climate influence due to their proximity would have to obtain approval of a new Your comments must reference Notice to the Pacific Ocean. label. Different rules apply if a wine has No. XXX and include your name and The Arroyo Seco AVA and the a brand name containing an AVA name mailing address. Your comments also proposed expansion area are both that was used as a brand name on a must be made in English, be legible, and located within the Central Coast AVA. label approved before July 7, 1986. See be written in language acceptable for Cool marine breezes enter the § 4.39(i)(2) of the TTB regulations (27 public disclosure. TTB does not established AVA and the proposed CFR 4.39(i)(2)) for details. acknowledge receipt of comments, and expansion area from Monterey Bay via The approval of the proposed TTB considers all comments as the Salinas River and the Arroyo Seco. expansion of the Arroyo Seco AVA originals. However, because of their locations east would not affect any other existing In your comment, please clearly state of the Santa Lucas Mountains, neither viticultural area. The expansion of the if you are commenting for yourself or on the Arroyo Seco AVA nor the proposed Arroyo Seco AVA would allow vintners behalf of an association, business, or expansion area are as exposed to the to use ‘‘Arroyo Seco’’ as an appellation other entity. If you are commenting on marine air and fog as the more western of origin for wines made primarily from behalf of an entity, your comment must regions of the Central Coast AVA that grapes grown within the proposed include the entity’s name, as well as are closer to the ocean. Additionally, expansion area if the wines meet the your name and position title. If you due to its much smaller size, the eligibility requirements for the comment via Regulations.gov, please topographical features of the proposed appellation. enter the entity’s name in the expansion area are more uniform than ‘‘Organization’’ blank of the online the diverse features of the large, Public Participation comment form. If you comment via multicounty Central Coast AVA, and are Comments Invited postal mail or hand delivery/courier, more similar to the topographical please submit your entity’s comment on TTB invites comments from interested letterhead. features of the Arroyo Seco AVA, which members of the public on whether it is located on the same sloping bench You may also write to the should expand the Arroyo Seco AVA as Administrator before the comment lands and terraces along the Arroyo proposed. TTB is specifically interested Seco as the proposed expansion area. closing date to ask for a public hearing. in receiving comments on the similarity The Administrator reserves the right to TTB Determination of the proposed expansion area to the determine whether to hold a public TTB concludes that the petition to established Arroyo Seco AVA, as well as hearing. the differences between the proposed expand the boundaries of the Confidentiality established Arroyo Seco AVA merits expansion area and the areas outside the consideration and public comment, as Arroyo Seco AVA. Please provide All submitted comments and invited in this notice of proposed specific information in support of your attachments are part of the public record rulemaking. comments. and subject to disclosure. Do not Submitting Comments enclose any material in your comments Boundary Description that you consider to be confidential or See the narrative description of the You may submit comments on this inappropriate for public disclosure. boundary of the petitioned-for notice of proposed rulemaking by using one of the following three methods: Public Disclosure expansion area in the proposed • regulatory text published at the end of Federal e-Rulemaking Portal: You TTB will post, and you may view, this proposed rule. may send comments via the online copies of this notice, selected comment form posted with this notice supporting materials, and any online or Maps within Docket No. TTB–2016–XXXX on mailed comments received about this To document the existing and ‘‘Regulations.gov,’’ the Federal e- proposal within Docket No. TTB–2018– proposed boundaries of the Arroyo Seco rulemaking portal, at http:// 0003 on the Federal e-rulemaking AVA, the petitioner provided a copy of www.regulations.gov. A direct link to portal, Regulations.gov, at http:// the required map, and it is listed below that docket is available under Notice www.regulations.gov. A direct link to in the proposed regulatory text. No. XXX 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/ Impact on Current Wine Labels rulemaking.shtml. Supplemental files wine_rulemaking.shtml under Notice Part 4 of the TTB regulations prohibits may be attached to comments submitted No. 172. You may also reach the any label reference on a wine that via Regulations.gov. For complete relevant docket through the indicates or implies an origin other than instructions on how to use Regulations.gov search page at http:// the wine’s true place of origin. For a Regulations.gov, visit the site and click www.regulations.gov. For information wine to be labeled with an AVA name, on the ‘‘Help’’ tab. on how to use Regulations.gov, click on at least 85 percent of the wine must be • U.S. Mail: You may send comments the website’s ‘‘Help’’ tab. derived from grapes grown within the via postal mail to the Director, All posted comments will display the area represented by that name, and the Regulations and Rulings Division, commenter’s name, organization (if wine must meet the other conditions Alcohol and Tobacco Tax and Trade any), city, and State, and, in the case of listed in § 4.25(e)(3) of the TTB Bureau, 1310 G Street NW, Box 12, mailed comments, all address regulations (27 CFR 4.25(e)(3)). If the Washington, DC 20005. information, including email addresses. wine is not eligible for labeling with an • Hand Delivery/Courier: You may TTB may omit voluminous attachments AVA name and that name appears in the hand-carry your comments or have them or material that the Bureau considers brand name, then the label is not in hand-carried to the Alcohol and unsuitable for posting.

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You may also view copies of this through (c)(21) as paragraphs (c)(3) vintners to better describe the origin of notice of proposed rulemaking, all through (c)(22), and adding new their wines and to allow consumers to related petitions, maps and other paragraph (c)(2) to read as follows: better identify wines they may supporting materials, and any electronic purchase. TTB invites comments on this or mailed comments that TTB receives § 9.59 Arroyo Seco. proposed addition to its regulations. about this proposal by appointment at * * * * * DATES: Comments must be received by (c) Boundaries. The Arroyo Seco the TTB Information Resource Center, June 5, 2018. 1310 G Street NW, Washington, DC viticultural area is located in Monterey County, California. The beginning point ADDRESSES: Please send your comments 20005. You may also obtain copies at 20 on this notice to one of the following cents per 8.5-×11-inch page. Please note is found on the ‘‘Sycamore Flat’’ U.S.G.S. map at the intersection of addresses: that TTB is unable to provide copies of • Internet: http://www.regulations.gov USGS maps or other similarly-sized Jamesburg Road (known locally as Carmel Valley Road) and Arroyo Seco (via the online comment form for this documents that may be included as part notice as posted within Docket No. of the AVA petition. Contact TTB’s Road, near the intersection of sections 21, 22, 28, and 27, T.19 S., R. 5 E. From TTB–2018–0006 at ‘‘Regulations.gov,’’ information specialist at the above the Federal e-rulemaking portal); address or by telephone at 202–453– the beginning point, proceed • southwesterly along Arroyo Seco Road U.S. Mail: Director, Regulations and 2265 to schedule an appointment or to Rulings Division, Alcohol and Tobacco request copies of comments or other to its intersection with Piney Creek. (1) Then southeasterly along Piney Tax and Trade Bureau, 1310 G Street materials. NW, Box 12, Washington, DC 20005; or Creek to its confluence with the Arroyo • Regulatory Flexibility Act Seco in section 27, T. 19 S., R. 5 E. Hand delivery/courier in lieu of mail: Alcohol and Tobacco Tax and TTB certifies that this proposed (2) Then northerly along the Arroyo Trade Bureau, 1310 G Street NW, Suite regulation, if adopted, would not have Seco to its intersection with the 400, Washington, DC 20005. a significant economic impact on a southern boundary of section 22, T. 19 See the Public Participation section of substantial number of small entities. S., R 5 E. this notice for specific instructions and The proposed regulation imposes no * * * * * requirements for submitting comments, new reporting, recordkeeping, or other Signed: November 30, 2017. and for information on how to request administrative requirement. Any benefit John J. Manfreda, a public hearing or view or obtain derived from the use of an AVA name Administrator. copies of the petition and supporting would be the result of a proprietor’s materials. efforts and consumer acceptance of Approved: March 30, 2018. wines from that area. Therefore, no Timothy E. Skud, FOR FURTHER INFORMATION CONTACT: regulatory flexibility analysis is Deputy Assistant Secretary (Tax, Trade, and Karen A. Thornton, Regulations and required. Tariff Policy). Rulings Division, Alcohol and Tobacco [FR Doc. 2018–07093 Filed 4–5–18; 8:45 am] Tax and Trade Bureau, 1310 G Street Executive Order 12866 BILLING CODE 4810–31–P NW, Box 12, Washington, DC 20005; It has been determined that this phone 202–453–1039, ext. 175. proposed rule is not a significant SUPPLEMENTARY INFORMATION: regulatory action as defined by DEPARTMENT OF THE TREASURY Executive Order 12866 of September 30, Background on Viticultural Areas Alcohol and Tobacco Tax and Trade 1993. Therefore, no regulatory TTB Authority assessment is required. Bureau Section 105(e) of the Federal Alcohol Drafting Information 27 CFR Part 9 Administration Act (FAA Act), 27 U.S.C. 205(e), authorizes the Secretary Karen A. Thornton of the Regulations [Docket No. TTB–2018–0006; Notice No. and Rulings Division drafted this notice 175] of the Treasury to prescribe regulations of proposed rulemaking. for the labeling of wine, distilled spirits, RIN 1513–AC39 and malt beverages. The FAA Act List of Subjects in 27 CFR Part 9 provides that these regulations should, Wine. Proposed Establishment of the Van among other things, prohibit consumer Duzer Corridor Viticultural Area and deception and the use of misleading Proposed Regulatory Amendment Clarification of the Eola-Amity Hills statements on labels and ensure that For the reasons discussed in the Viticultural Area Boundary Description labels provide the consumer with preamble, TTB proposes to amend title AGENCY: Alcohol and Tobacco Tax and adequate information as to the identity 27, chapter I, part 9, Code of Federal Trade Bureau, Treasury. and quality of the product. The Alcohol Regulations, as follows: ACTION: Notice of proposed rulemaking. and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act PART 9—AMERICAN VITICULTURAL SUMMARY: The Alcohol and Tobacco Tax pursuant to section 1111(d) of the AREAS and Trade Bureau (TTB) proposes to Homeland Security Act of 2002, ■ 1. The authority citation for part 9 establish the approximately 59,871-acre codified at 6 U.S.C. 531(d). The continues to read as follows: ‘‘Van Duzer Corridor’’ viticultural area Secretary has delegated various in portions of Polk and Yamhill authorities through Treasury Authority: 27 U.S.C. 205. Counties, Oregon. The proposed Department Order 120–01, dated Subpart C—Approved American viticultural area lies entirely within the December 10, 2013, (superseding Viticultural Areas existing Willamette Valley viticultural Treasury Order 120–01, dated January area. TTB also is proposing to clarify the 24, 2003), to the TTB Administrator to ■ 2. Section 9.59 is amended by revising boundary description of the adjacent perform the functions and duties in the paragraphs (c) introductory text and Eola–Amity Hills viticultural area. TTB administration and enforcement of these (c)(1), redesignating paragraphs (c)(2) designates viticultural areas to allow provisions.

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