Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules 14795

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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Part 4 of the TTB regulations (27 CFR existing AVA so as to warrant separate culinary page of a travel site dedicated part 4) authorizes TTB to establish recognition, if the proposed AVA is to to the Salem area encourages readers to definitive viticultural areas and regulate be established within, or overlapping, ‘‘[h]ead west along Highway 22 to loop the use of their names as appellations of an existing AVA; and through the Van Duzer Corridor. Here origin on wine labels and in wine • A detailed narrative description of vines get the benefit of temperate advertisements. Part 9 of the TTB the proposed AVA boundary based on afternoon breezes and cool evenings— regulations (27 CFR part 9) sets forth USGS map markings. perfect growing conditions for 3 standards for the preparation and Van Duzer Corridor Petition exceptional .’’ TTB notes submission of petitions for the that State Highway 22 forms the establishment or modification of TTB received a petition from Mr. Jeff southern and southwestern boundaries American viticultural areas (AVAs) and Havlin, the owner of Havlin Vineyard of the proposed Van Duzer Corridor lists the approved AVAs. and chair of the Van Duzer Corridor AVA. AVA Committee, on behalf of himself The term ‘‘Van Duzer Corridor’’ also Definition and other local grape growers and is commonly used by local wine Section 4.25(e)(1)(i) of the TTB vintners, proposing the establishment of industry members to describe the region regulations (27 CFR 4.25(e)(1)(i)) defines the ‘‘Van Duzer Corridor’’ AVA. of the proposed AVA. For example, an a viticultural area for American wine as The proposed Van Duzer Corridor article about Johan Vineyards, which is a delimited grape-growing region having AVA is located in Oregon and covers within the proposed AVA, describes the distinguishing features, as described in portions of Yamhill and Polk Counties vineyard’s location as ‘‘in the part 9 of the regulations, and a name which are north-northwest of the city of southwestern corner of the Van Duzer and a delineated boundary, as Salem and northeast of the city of Corridor.’’ 4 A local entertainment blog established in part 9 of the regulations. Dallas. The proposed AVA lies entirely posted a story about two wineries These designations allow vintners and within the established Willamette within the proposed AVA and stated consumers to attribute a given quality, Valley AVA (27 CFR 9.90) and does not that the wineries ‘‘lie within the Van reputation, or other characteristic of a overlap any other existing or proposed Duzer Corridor, the gap in the coastal wine made from grapes grown in an area AVA. The proposed Van Duzer Corridor hills bordering Salem * * * .’’ 5 An to the wine’s geographic origin. The AVA covers approximately 59,871 acres article featuring Pinot noir wines of the establishment of AVAs allows vintners and contains 6 wineries and 17 proposed AVA notes, ‘‘The influence of to describe more accurately the origin of commercially-producing vineyards that the Van Duzer Corridor extends inland their wines to consumers and helps cover a total of approximately 1,000 to the McMinnville and Eola–Amity consumers to identify wines they may acres. Hills appellations as well as the The distinguishing features of the purchase. Establishment of an AVA is vineyards in the Dallas area of the proposed Van Duzer Corridor AVA are neither an approval nor an endorsement Willamette Valley.’’ 6 TTB notes that the its topography, climate, and . by TTB of the wine produced in that proposed Van Duzer Corridor AVA is Unless otherwise noted, all information area. located just north of Dallas, Oregon. and data pertaining to the proposed Additionally, the established Requirements AVA contained in this document are McMinnville AVA (27 CFR 9.181) is due Section 4.25(e)(2) of the TTB from the petition for the proposed Van north of the proposed AVA, and the regulations (27 CFR 4.25(e)(2)) outlines Duzer Corridor AVA and its supporting established Eola–Amity Hills AVA (27 the procedure for proposing an AVA exhibits. CFR 9.202) is adjacent to the proposed and provides that any interested party Name Evidence AVA’s eastern boundary. The website for the St. Innocent Winery, which is may petition TTB to establish a grape- The proposed Van Duzer Corridor located in the established Eola–Amity growing region as an AVA. Section 9.12 AVA takes its name from a natural break Hills AVA east of the proposed AVA, of the TTB regulations (27 CFR 9.12) in Oregon’s Coastal Ranges which states that the Willamette Valley ‘‘is prescribes the standards for petitions for border the western side of the affected by winds blowing from the the establishment or modification of Willamette Valley.1 Although the Pacific Ocean through the Van Duzer AVAs. Petitions to establish an AVA Coastal Ranges create a barrier to air Corridor eastward. * * * The Eola– must include the following: moving inland, this gap creates a wind • Amity Hills AVA is 15 miles due east Evidence that the area within the corridor by providing an opening for from the mouth of the Van Duzer proposed AVA boundary is nationally cool, moist Pacific Ocean air to flow Corridor.’’ 7 A map on the St. Innocent or locally known by the AVA name eastward into the Willamette Valley. An Winery’s website shows the wine specified in the petition; Oregon real estate site notes that • An explanation of the basis for regions of Oregon, and an arrow temperatures in the Willamette Valley defining the boundary of the proposed pointing to the region of the proposed are cooled by breezes moving through AVA; AVA is marked as ‘‘Van Duzer ‘‘the Van Duzer Corridor, which runs • A narrative description of the Corridor.’’ Finally, a wine blog that from Lincoln City on the coast to Salem features of the proposed AVA affecting features the wines of the Pacific in the Valley.’’ 2 The dining and , such as climate, geology, Northwest and western Canada includes soils, physical features, and elevation, 1 The proposed Van Duzer Corridor AVA is an article on the Van Duzer Vineyard, that make the proposed AVA distinctive distinct from the H.B. Van Duzer Forest State which is located in the proposed AVA, and distinguish it from adjacent areas Scenic Corridor. Both the proposed AVA and the and notes that the vineyard ‘‘is planted outside the proposed AVA; H.B. Van Duzer Forest State Scenic Corridor derive their name from the late Henry Brooks Van Duzer, • 3 http://www.travelsalem.com/Dining/Dining- The appropriate United States a former Chairman of the Oregon State Highway Overview. Geological Survey (USGS) map(s) Commission. See H.B. Van Duzer Forest State 4 showing the location of the proposed Scenic Corridor—History/FAQ, Oregon State Parks, http://www.princeofpinot.com/article/653. 5 AVA, with the boundary of the http://oregonstateparks.org/index.cfm?do= http://www.willamettelive.com/2012/news/from- parkPage.dsp_parkHistory&parkId=160; see also left-coast-to-bethel-heights. proposed AVA clearly drawn thereon; 6 • http://www.princeofpinot.com/article/760. http://www.princeofpinot.com/article/760. An explanation of the proposed 2 http://www.buccolagroup.com/region/ 7 http://www.stinnocentwine.com/NewFiles/ AVA is sufficiently distinct from an willamette-valley/about. vineyard.html.

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smack dab at the mouth of the Van uptake of water. The vines are also less To the north of the proposed Van Duzer Corridor * * *.’’ 8 prone to excessive growth or leaf Duzer Corridor AVA, within the production than vines planted in soils established McMinnville AVA, that allow for more uptake of water. elevations reach up to 1,000 feet. East of Boundary Evidence According to the petition, a thinner leaf the proposed AVA, the higher The proposed Van Duzer Corridor canopy allows more sunlight to reach elevations of the established Eola-Amity AVA is a roughly triangular region of the ripening fruit, inhibits the growth of Hills AVA form the eastern edge of the low, rolling hills east of the Oregon mildew and mold by promoting air wind corridor, reducing the wind Coastal Ranges. Each of the proposed circulation. speeds and preventing the Pacific air AVA’s boundaries is drawn to delineate The soils immediately outside the from travelling farther east. Elevations the low elevations of the proposed AVA northern and western boundaries of the within the Eola-Amity Hills AVA can from the surrounding higher elevations. proposed AVA contain uplifted marine reach approximately 1,160 feet. South of The proposed northern boundary sediments, similar to the soils of the the proposed Van Duzer Corridor AVA, follows a straight line drawn between proposed AVA. However, the soils are elevations reach over 700 feet, as shown marked points on USGS quadrangle primarily from different series, on the USGS Dallas, Oregon quadrangle maps and separates the proposed AVA including Yamhill, Nekia, and Peavine. map. In the Coastal Ranges west of the from the established McMinnville AVA, Moving farther north and west, the soils proposed AVA, elevations can rise close which is due north of the proposed begin to contain higher concentrations to 3,000 feet. AVA but does not share a boundary. of basalt and other volcanic materials. Climate The eastern boundary of the proposed East of the proposed AVA, within the AVA is concurrent with the western Eola–Amity Hills AVA, the soils also The petition to establish the proposed boundary of the established Eola–Amity contain larger amounts of volcanic Van Duzer Corridor AVA included Hills AVA and follows a series of roads materials than are found within the information about the region’s climate, and the 200-foot elevation contour. The proposed AVA, including soils of the in particular the wind speed and proposed southern boundary runs east- Nekia, Jory, and Ritner series. South of cumulative growing degree days west along a State highway north of the the proposed AVA, the soils contain (GDDs).9 According to the petition, city of Dallas and the community of large concentrations of Ice Age loess, wind speed and GDD data were not Rickreall. The proposed western which is not commonly found in the available for the regions to the west and boundary follows a north-south road to proposed AVA. south-southwest of the proposed AVA separate the proposed AVA from the due to a lack of publicly accessible higher elevations of the Coastal Ranges. Topography weather stations. Distinguishing Features Within the wind corridor known as Wind speed: Because the proposed the ‘‘Van Duzer Corridor,’’ the Van Duzer Corridor AVA is located The distinguishing features of the topography is characterized by low within a wind corridor, the petition proposed Van Duzer Corridor AVA are elevations and gently rolling hills. The states that wind speeds within the its soils, topography, and climate. low elevations allow cool breezes to proposed AVA are typically higher than Soils flow relatively unimpeded from the in the surrounding regions, where The soils of the proposed Van Duzer Pacific Ocean, through the Coastal higher elevations block the wind and Corridor AVA are primarily uplifted Ranges, and into the proposed AVA. For slow its movement inland. According to marine sedimentary loams and silts most of its length, the wind corridor the petition, consistently high wind with alluvial overlay, as well as some known as the ‘‘Van Duzer Corridor’’ is speeds contribute to thicker grape skins, uplifted basalt. The soils are typically narrow, squeezed by high elevations to which increase the levels of phenolic shallow, well-drained, and have a the north and south, and there is little compounds in the fruit. Phenolic bedrock of siltstone. The primary soil room for suitable vineyard sites within compounds contribute to the taste, series within the proposed AVA include this portion of the corridor. aroma, and mouthfeel of wines. The Helmick, Steiwer, Hazelair, Chehulpum, The eastern end of the wind corridor, petition also states that wines made Helvetia, and Santiam. where the proposed Van Duzer Corridor from thicker-skinned grapes often have According to the petition, the high silt AVA is located, has the same low a darker, richer color than wines made and clay levels cause the soils to be elevations and rolling hills as the from grapes with thin skins. ‘‘buffered,’’ meaning that the soils can western portion. However, because the The following table summarizes the absorb increased amounts of added wind corridor widens at its eastern end, average growing season 10 wind speeds acidic or alkaline substances without there is more room for vineyards. for a vineyard in the center of the affecting the overall pH level of the soil. Elevations within the proposed Van proposed AVA, as well as from An increase or decrease in soil pH can Duzer Corridor AVA range from McMinnville Municipal Airport (north affect the way plant roots absorb approximately 180 feet to a high point of the proposed AVA) and the Salem minerals and nutrients, so the ability of of 589 feet, as shown on the USGS Municipal Airport (south-southeast of the soils to maintain a stable pH level quadrangle maps included with the the proposed AVA). is beneficial to vineyards within the petition. Because the elevations within proposed AVA. The petition also states the proposed AVA are too low to 9 In the Winkler climate classification system, that the sediments in the soil quickly impede the eastward-flowing marine air, annual heat accumulation during the growing wind speeds are higher within the season, measured in annual growing degree days absorb and ‘‘lock up’’ rainfall, so the (GDDs), defines climatic regions. One GDD vines are less able to uptake water. As proposed AVA and temperatures are accumulates for each degree Fahrenheit that a day’s a result, if heavy rains occur near typically cooler than within the mean temperature is above 50 degrees, the harvest time, the grapes are less likely surrounding regions that have higher minimum temperature required for grapevine elevations. Wind speed and temperature growth. See Albert J. Winkler, General Viticulture to swell and split due to an excessive (Berkeley: University of California Press, 1974), and their effects on viticulture will be pages 61–64. 8 http://www.northwestwineanthem.com/2013/ discussed in more detail later in this 10 Growing season is defined as the period 02/mind-gap-van-duzer-vineyards.html. document. between April 1 and November 1.

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Average growing season wind speed Location (miles per hour) 2012 2013 2014 2015

Proposed AVA (Andante Vineyards) ...... 11.2 9.9 9.8 11 9 McMinnville airport ...... 5.05 4.2 5.85 6.9 Salem airport ...... 6.3 4.6 6.45 8.1

Cumulative growing degree days: AVA are moderated by the strong GDDs for the proposed AVA and According to the petition, temperatures Pacific marine breezes. As evidence, the surrounding regions, which are shown within the proposed Van Duzer Corridor petition includes data on cumulative in the following table.

Cumulative growing degree days Location 2012 2013 2014 2015

Proposed AVA (Andante Vineyards) ...... 2,080 2,243 2,624 12 2,074 McMinnville airport...... 2,298 2,369 2,819 2,753 Salem airport ...... 2,360 2,605 2,987 3,006

The table shows that the proposed considered to be the maximum on July 17, 2006 (71 FR 40404). Because AVA has lower GDD accumulations elevation for reliable grape cultivation one of the affected Eola-Amity Hills than the surrounding regions, indicating in the region. Soils are described as AVA boundaries is also concurrent with that its temperatures are generally primarily silty loams and clay loams. the boundary of the proposed AVA, TTB cooler. As a result, fruit ripens more The proposed Van Duzer Corridor is proposing these clarifications in this slowly, creating a longer hang time than AVA is located in the northwestern document. for the same grape varietal grown in a portion of the Willamette Valley AVA First, TTB is proposing to correct the region with higher GDD accumulations. and shares some broad characteristics description of the beginning point for The petition states that a longer hang with the established AVA. For example, the Eola-Amity Hills AVA boundary in time reduces acid respiration in the elevations within the proposed AVA are § 9.202(c)(1). This paragraph currently fruit, resulting in wines with balanced below 1,000 feet, and the soils are states that the AVA boundary’s acidity levels. primarily silty loams and clay loams. beginning point is at ‘‘the intersection of However, the proposed AVA’s State Highways 22 and 223,’’ which is Summary of Distinguishing Features location at the eastern end of the only located west of the town of Rickreall, In summary, the topography, soils, wind gap in the portion of the Coastal Oregon. However, the AVA boundary’s wind speed, and cumulative growing Ranges that borders the Willamette intended beginning point, as marked on degree days of the proposed Van Duzer Valley AVA creates a unique the Rickreall, Oregon quadrangle map Corridor AVA distinguish it from the microclimate. The persistently high that was included with the original surrounding regions. In all directions wind speeds and lower growing degree AVA petition, is at the intersection of from the proposed AVA, elevations are day accumulations within the proposed State Highway 22 and Rickreall Road. higher. Where climate data is available, Van Duzer Corridor AVA distinguish This intersection is located farther east from north and east of the proposed the proposed AVA from the surrounding along State Highway 22 than the AVA, wind speeds are lower and GDD regions within the Willamette Valley currently-described beginning point. accumulations are higher than within AVA. Because of the high wind speeds TTB believes the erroneous description the proposed AVA. With respect to and lower growing degree day of the Eola-Amity Hills boundary soils, volcanic materials are more accumulations, grapes grown within the beginning point resulted from a common in soils to the north, east, and proposed AVA typically have different misreading of the markings for State west of the proposed AVA. South of the physical characteristics and maturation Highway 223 on the Rickreall, Oregon proposed AVA, soils contain higher rates than the same varietals grown in map. concentrations of Ice Age loess. other parts of the Willamette Valley TTB believes that industry members always have Comparison of the Proposed Van Duzer AVA. understood the Eola-Amity Hills AVA Corridor AVA to the Existing Willamette Clarification of the Eola-Amity Hills boundary to begin at the intersection of Valley AVA AVA Boundary Description State Highway 22 and Rickreall Road. T.D. ATF–162, which published in In this document, TTB also is TTB notes that commercially-produced the Federal Register on December 1, proposing to make a correction and maps of the Eola-Amity Hills AVA show 1983 (48 FR 54220), established the several clarifications to the boundary its boundary located at the intersection Willamette Valley AVA in northwest description of the existing Eola-Amity of State Highway 22 and Rickreall Road. Oregon. The Willamette Valley AVA is Hills AVA (27 CFR 9.202), which is For example, see the Eola-Amity Hills described in T.D. ATF–162 as a broad adjacent to the proposed Van Duzer AVA maps posted at http:// alluvial plain surrounded by mountains. Corridor AVA. The Eola-Amity Hills eolaamityhills.com/explore-our-region/ Elevations within the AVA generally do AVA was established by T.D. TTB–51, regional-map/ and http:// not exceed 1,000 feet, which is generally which published in the Federal Register www.everyvine.com/wine-regions/

11 Due to technical difficulties with the weather 12 Due to technical difficulties with the weather station, 2015 data from Adante Vineyards was only station, 2015 data from Adante Vineyards was only available through September 14. available through September 14.

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region/Eola_-_Amity_Hills/. TTB is invited in this notice of proposed using ‘‘Van Duzer Corridor’’ as an therefore proposing to amend paragraph rulemaking. appellation of origin or in a brand name (c)(1) to correct the description of the for wines made from grapes grown Boundary Description AVA boundary’s beginning point. within the Van Duzer Corridor AVA Second, TTB is proposing to amend See the narrative description of the would not be affected by the the Eola-Amity Hills boundary boundary of the petitioned-for AVA in establishment of this new AVA. The instructions in § 9.202(c)(12), (13), (15), the proposed regulatory text published establishment of the proposed Van and (16) for clarity. TTB believes the at the end of this proposed rule. Duzer Corridor AVA would allow term ‘‘township of Bethel’’ in current Maps vintners to use ‘‘Van Duzer Corridor’’ paragraph (c)(12) may be confusing and ‘‘Willamette Valley’’ as appellations The petitioner provided the required since Bethel appears on the Amity, of origin for wines made from grapes maps, and they are listed below in the Oregon map as the name of a crossroads, grown within the proposed Van Duzer proposed regulatory text. not as the name of a political or Corridor AVA, if the wines meet the geographic township. Therefore, TTB Impact on Current Wine Labels eligibility requirements for the proposes to remove the word Part 4 of the TTB regulations prohibits appellation. ‘‘township’’ from paragraph (c)(12) and any label reference on a wine that Public Participation to add a more precise description of the indicates or implies an origin other than point where the AVA’s boundary, the wine’s true place of origin. For a Comments Invited following Oak Grove Road, intersects wine to be labeled with an AVA name, TTB invites comments from interested the 200-foot contour line. at least 85 percent of the wine must be members of the public on whether it In paragraph (c)(13), TTB proposes to derived from grapes grown within the should establish the proposed AVA. clarify the direction in which the Eola- area represented by that name, and the TTB is also interested in receiving Amity Hills AVA boundary proceeds wine must meet the other conditions comments on the sufficiency and along the 200-foot contour line from listed in § 4.25(e)(3) of the TTB accuracy of the name, boundary, soils, Oak Grove Road, to clarify the point at regulations (27 CFR 4.25(e)(3)). If the climate, and other required information which that contour line intersects Zena wine is not eligible for labeling with an submitted in support of the petition. In Road, and to clarify that the boundary AVA name and that name appears in the addition, given the proposed Van Duzer follows Zena Road for a short distance brand name, then the label is not in Corridor AVA’s location within the to its intersection with Oak Grove Road compliance and the bottler must change existing Willamette Valley AVA, TTB is south of Bethel. In paragraph (c)(15), the brand name and obtain approval of interested in comments on whether the TTB is clarifying that the AVA a new label. Similarly, if the AVA name evidence submitted in the petition boundary follows Frizzell Road to the appears in another reference on the regarding the distinguishing features of road’s first intersection with the 200- label in a misleading manner, the bottler the proposed AVA sufficiently foot contour line. In paragraph (c)(16), would have to obtain approval of a new differentiates it from the existing TTB is clarifying that, in returning to label. Different rules apply if a wine has Willamette Valley AVA. TTB is also the AVA’s boundary’s beginning point, a brand name containing an AVA name interested in comments on whether the the boundary crosses from the Amity, that was used as a brand name on a geographic features of the proposed Oregon map onto the Rickreall, Oregon label approved before July 7, 1986. See AVA are so distinguishable from the map. § 4.39(i)(2) of the TTB regulations (27 surrounding Willamette Valley AVA The proposed correction and CFR 4.39(i)(2)) for details. clarifications are not intended to alter If TTB establishes this proposed AVA, that the proposed Van Duzer Corridor the acreage of the Eola-Amity Hills its name, ‘‘Van Duzer Corridor,’’ will be AVA should no longer be part of that AVA. TTB believes that the correction recognized as a name of viticultural AVA. Please provide any available and clarifications described above do significance under § 4.39(i)(3) of the specific information in support of your not affect the location of the AVA’s TTB regulations (27 CFR 4.39(i)(3)). The comments. Finally, TTB is interested in boundary as originally intended by the text of the proposed regulation clarifies comments on whether the proposed AVA’s petitioners and as it is currently this point. Consequently, wine bottlers correction and clarifications to the Eola- understood by members of the Oregon using the name ‘‘Van Duzer Corridor’’ in Amity Hills AVA boundary are accurate wine industry. TTB also believes that a brand name, including a trademark, or and necessary to avoid reader the correction and clarifications will not in another label reference as to the confusion. affect the ability of any bottler to use the origin of the wine, would have to ensure Because of the potential impact of the Eola-Amity Hills AVA name on a wine that the product is eligible to use the establishment of the proposed Van label. However, if any interested party AVA name as an appellation of origin if Duzer Corridor AVA on wine labels that believes the proposed correction or any this proposed rule is adopted as a final include the term ‘‘Van Duzer Corridor’’ of the proposed clarifications would rule. TTB is not proposing ‘‘Van Duzer,’’ as discussed above under Impact on affect the location of the AVA’s standing alone, as a term of viticultural Current Wine Labels, TTB is boundary, or would affect their ability significance if the proposed AVA is particularly interested in comments to use the Eola-Amity Hills AVA name established, in order to avoid a potential regarding whether there will be a on a wine label, please submit a conflict with a current label holder. conflict between the proposed AVA comment to TTB as described in the Accordingly, the proposed part 9 name and currently used brand names. Public Participation section of this regulatory text set forth in this If a commenter believes that a conflict notice. document specifies only the full name will arise, the comment should describe ‘‘Van Duzer Corridor’’ as a term of the nature of that conflict, including any TTB Determination viticultural significance for purposes of anticipated negative economic impact TTB concludes that the petition to part 4 of the TTB regulations. that approval of the proposed AVA will establish the approximately 59,871-acre The approval of the proposed Van have on an existing viticultural Van Duzer Corridor AVA merits Duzer Corridor AVA would not affect enterprise. TTB is also interested in consideration and public comment, as any existing AVA, and any bottlers receiving suggestions for ways to avoid

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conflicts, for example, by adopting a Confidentiality Executive Order 12866 modified or different name for the AVA. All submitted comments and It has been determined that this Submitting Comments attachments are part of the public record proposed rule is not a significant and subject to disclosure. Do not regulatory action as defined by You may submit comments on this enclose any material in your comments Executive Order 12866 of September 30, notice by using one of the following that you consider to be confidential or 1993. Therefore, no regulatory three methods: inappropriate for public disclosure. assessment is required. • Federal e-Rulemaking Portal: You Public Disclosure Drafting Information may send comments via the online Karen A. Thornton of the Regulations comment form posted with this notice TTB will post, and you may view, and Rulings Division drafted this notice within Docket No. TTB–2018–0006 on copies of this notice, selected of proposed rulemaking. ‘‘Regulations.gov,’’ the Federal e- supporting materials, and any online or rulemaking portal, at http:// mailed comments received about this List of Subjects in 27 CFR Part 9 www.regulations.gov. A direct link to proposal within Docket No. TTB–2018– Wine. that docket is available under Notice 0006 on the Federal e-rulemaking No. 175 on the TTB website at https:// portal, Regulations.gov, at http:// Proposed Regulatory Amendment www.ttb.gov/wine/wine- www.regulations.gov. A direct link to For the reasons discussed in the rulemaking.shtml. Supplemental files that docket is available on the TTB preamble, TTB proposes to amend title may be attached to comments submitted website at https://www.ttb.gov/wine/ 27, chapter I, part 9, Code of Federal _ via Regulations.gov. For complete wine rulemaking.shtml under Notice Regulations, as follows: instructions on how to use No. 175. You may also reach the Regulations.gov, visit the site and click relevant docket through the PART 9—AMERICAN VITICULTURAL on the ‘‘Help’’ tab. Regulations.gov search page at http:// AREAS • U.S. Mail: You may send comments www.regulations.gov. For information ■ via postal mail to the Director, on how to use Regulations.gov, click on 1. The authority citation for part 9 Regulations and Rulings Division, the site’s ‘‘Help’’ tab. continues to read as follows: Alcohol and Tobacco Tax and Trade All posted comments will display the Authority: 27 U.S.C. 205. Bureau, 1310 G Street NW, Box 12, commenter’s name, organization (if Washington, DC 20005. any), city, and State, and, in the case of Subpart C—Approved American Viticultural Areas • Hand Delivery/Courier: You may mailed comments, all address hand-carry your comments or have them information, including email addresses. ■ 2. Amend § 9.202 by revising hand-carried to the Alcohol and TTB may omit voluminous attachments paragraphs (c)(1), (12), (13), (15), and Tobacco Tax and Trade Bureau, 1310 G or material that the Bureau considers (16) to read as follows: Street NW, Suite 400, Washington, DC unsuitable for posting. § 9.202 Eola-Amity Hills. 20005. You may also view copies of this notice, all related petitions, maps and * * * * * Please submit your comments by the other supporting materials, and any (c) * * * closing date shown above in this notice. electronic or mailed comments that TTB (1) The beginning point is on the Your comments must reference Notice receives about this proposal by Rickreall, Oregon, map at the No. 175 and include your name and appointment at the TTB Information intersection of State Highway 22 and mailing address. Your comments also Resource Center, 1310 G Street NW, Rickreall Road, near the Oak Knoll Golf must be made in English, be legible, and Washington, DC 20005. You may also Course, in section 50, T7S, R4W; be written in language acceptable for obtain copies at 20 cents per 8.5 x 11 public disclosure. TTB does not * * * * * inch page. Please note that TTB is (12) Follow Old Bethel Road, which acknowledge receipt of comments, and unable to provide copies of USGS maps becomes Oak Grove Road, south until TTB considers all comments as or other similarly-sized documents that the road intersects the 200-foot contour originals. may be included as part of the AVA line approximately 400 feet north of Oak In your comment, please clearly state petition. Contact TTB’s information Grove Road’s northern intersection with if you are commenting for yourself or on specialist at the above address or by Zena Road, just northwest of Bethel; behalf of an association, business, or telephone at 202–453–2270 to schedule then other entity. If you are commenting on an appointment or to request copies of (13) Follow the 200-foot contour line behalf of an entity, your comment must comments or other materials. easterly and then southerly until its first include the entity’s name, as well as intersection with Zena Road, and then Regulatory Flexibility Act your name and position title. If you follow Zena Road west approximately comment via Regulations.gov, please TTB certifies that this proposed 0.25 mile to its southern intersection enter the entity’s name in the regulation, if adopted, would not have with Oak Grove Road, south of Bethel; ‘‘Organization’’ blank of the online a significant economic impact on a then comment form. If you comment via substantial number of small entities. * * * * * postal mail or hand delivery/courier, The proposed regulation imposes no (15) Follow Frizzell Road west for please submit your entity’s comment on new reporting, recordkeeping, or other approximately 0.25 mile to its first letterhead. administrative requirement. Any benefit intersection with the 200-foot contour You may also write to the derived from the use of a viticultural line, then Administrator before the comment area name would be the result of a (16) Follow the 200-foot contour line closing date to ask for a public hearing. proprietor’s efforts and consumer generally south, crossing onto the The Administrator reserves the right to acceptance of wines from that area. Rickreall, Oregon, map, until the determine whether to hold a public Therefore, no regulatory flexibility contour line intersects the beginning hearing. analysis is required. point.

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■ 3. Subpart C is amended by adding (9) Proceed southwest along State Spence, Sector Puget Sound Waterways §9.___to read as follows: Highway 18 for 0.3 miles to the Management Branch, U.S. Coast Guard; ___ intersection of the highway with Red telephone 206–217–6051, email §9. Van Duzer Corridor. Prairie Road; then [email protected]. (a) Name. The name of the viticultural (10) Proceed south along Red Prairie SUPPLEMENTARY INFORMATION: area described in this section is ‘‘Van Road for approximately 5.3 miles, Duzer Corridor’’. For purposes of part 4 returning to the beginning point. I. Table of Abbreviations of this chapter, ‘‘Van Duzer Corridor’’ is Signed: November 30, 2017. CFR Code of Federal Regulations a term of viticultural significance. DHS Department of Homeland Security John J. Manfreda, (b) Approved maps. The five United FR Federal Register States Geological Survey (USGS) Administrator. NPRM Notice of proposed rulemaking 1:24,000 scale topographic maps used to Approved: March 30, 2018. § Section determine the boundary of the Van Timothy E. Skud, U.S.C. United States Code Duzer Corridor viticultural area are Deputy Assistant Secretary (Tax, Trade, and II. Background, Purpose, and Legal titled: Tariff Policy). Basis (1) Sheridan, Oreg., 1956; revised [FR Doc. 2018–07089 Filed 4–5–18; 8:45 am] 1992; On July 10, 2012 (77 FR 40521), the BILLING CODE 4810–31–P (2) Ballston, Oreg., 1956; revised Coast Guard Captain of the Port, Sector 1992; Puget Sound, published a final rule that (3) Dallas, Oreg., 1974; photorevised became effective Aug. 1, 2012; the 1986; DEPARTMENT OF HOMELAND Seattle’s Seafair Fleet Week Moving (4) Amity, Oreg., 1957; revised 1993; SECURITY Vessels security zone. That final rule and establishes a security zone around Coast Guard (5) Rickreall, Oreg., 1969; designated participating vessels that are photorevised 1976; not protected by the Naval Vessel 33 CFR Part 165 (c) Boundary. The Van Duzer Corridor Protection Zone in Seattle’s Seafair Fleet viticultural area is located in Polk and [Docket Number USCG–2018–0105] Week Parade of Ships. Designated Yamhill Counties, in Oregon. The participating vessels are named by the boundary of the Van Duzer Corridor RIN 1625–AA87 Coast Guard each year prior to the event viticultural area is as described below: in a Federal Register notice, as well as (1) The beginning point is on the Security Zone, Seattle’s Seafair Fleet the Local Notice to Mariners. These Sheridan map at the intersection of Week Moving Vessels, Puget Sound, security zones are necessary to help State Highway 22 and Red Prairie Road. WA From the beginning point, proceed ensure the security of the vessels from southeasterly along State Highway 22 AGENCY: Coast Guard, DHS. sabotage or other subversive acts. The purpose of this rulemaking is to for a total of 12.4 miles, crossing over ACTION: Notice of proposed rulemaking. amend the information required in the the Ballston and Dallas maps and onto SUMMARY Notice of Enforcement published in the the Rickreall map, to the intersection of : The Coast Guard proposes to the highway with the 200-foot elevation amend its Seattle Seafair Fleet Week Federal Register and Local Notice to contour west of the Oak Knoll Golf Moving Vessels Security Zone Mariner and add the requirement to Course; then regulation. This amendment would publish the names of participating (2) Proceed north on the 200-foot change the information in annual vessel in a Broadcast Notice to Mariners elevation contour, crossing onto the notices of enforcement that are before the scheduled event. The Coast Amity map, to the third intersection of published both in the Federal Register Guard proposes this rulemaking under the elevation contour with Frizzell and Local Notice to Mariners. This authority in 33 U.S.C. 1231. Road; then action is necessary because last minute III. Discussion of Proposed Rule (3) Proceed east on Frizzell Road for changes in the vessels participating in 0.3 mile to the intersection of the road the Parade of Ships during Fleet Week The Captain of the Port Puget Sound with Oak Grove Road; then prevent the Coast Guard from proposes to amend the provisions in 33 (4) Proceed north along Oak Grove identifying the designated participating CFR 165.1333 regarding information Road for 1.7 miles to the intersection of vessels in the Federal Register within published in the notice of enforcement the road with Zena Road; then the allotted timeframe. We invite your for the annual security zone for Seattle’s (5) Proceed east on Zena Road for comments on this proposed rulemaking. Seafair Fleet Weeks Parade of Ships. approximately 0.25 mile to the second DATES: Comments and related material Currently, the Coast Guard publishes intersection of the road with the 200- must be received by the Coast Guard on the names of the vessels participating in foot elevation contour; then or before May 21, 2018. the Parade of Ships, in a notice of (6) Proceed northwest along the 200- enforcement at least 3 days prior to the ADDRESSES: You may submit comments beginning of Seattle’s Seafair. These are foot elevation contour to the identified by docket number USCG– intersection of the elevation contour military vessels. In past years, some 2018–0105 using the Federal vessels participating in the Parade of with Oak Grove Road; then eRulemaking Portal at http:// (7) Proceed north along Oak Grove Ships changed their plans due to www.regulations.gov. See the ‘‘Public Road (which becomes Old Bethel Road) operational needs, and as a result, the Participation and Request for approximately 7.75 miles to the changes precluded the Coast Guard from Comments’’ portion of the intersection of the road with Patty Lane; providing sufficient notice in the SUPPLEMENTARY INFORMATION section for then Federal Register. This proposed (8) Proceed west in a straight line for further instructions on submitting amendment is necessary because the a total of 10.8 miles, crossing over the comments. changing schedules of vessels Ballston map and onto the Sheridan FOR FURTHER INFORMATION CONTACT: If sometimes makes it impossible to know map, to the intersection of the line with you have questions on this proposed which vessels will ultimately State Highway 18; then rule, call or email Petty Officer Zachary participate in the Parade of Ships and

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