Expansion of the Fair Play Viticultural Area, 400-402 [2014-30942]
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Federal Register / Vol. 80, No. 3 / Tuesday, January 6, 2015 / Rules and Regulations
2. Amend § 404.903 by revising
paragraphs (z) and (aa) to read as
follows:
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§ 404.903 Administrative actions that are
not initial determinations.
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(z) Starting or discontinuing a
continuing disability review;
(aa) Issuing a receipt in response to
your report of a change in your work
activity; and
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(25) Issuing a receipt in response to
your report of a change in your earned
income; and
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Subpart O—Representation of Parties
7. The authority citation for subpart O
of part 416 continues to read as follows:
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Authority: Secs. 702(a)(5), 1127, and
1631(d) of the Social Security Act (42 U.S.C.
902(a)(5), 1320a–6, and 1383(d)).
8. Amend § 416.1517 by revising
paragraphs (a)(6), (d)(1)(ii), and (f)(1) to
read as follows:
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Subpart R—Representation of Parties
3. The authority citation for subpart R
of part 404 continues to read as follows:
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Authority: Secs. 205(a), 206, 702(a)(5), and
1127 of the Social Security Act (42 U.S.C.
405(a), 406, 902(a)(5), and 1320a–6).
4. Amend § 404.1717 by revising
paragraphs (a)(6) and (d)(1)(ii) to read as
follows:
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§ 404.1717 Direct payment of fees to
eligible non-attorney representatives.
(a) * * *
(6) Provides proof of and maintains
continuous liability insurance coverage
that is underwritten by an entity that is
legally permitted to provide
professional liability insurance in the
States in which the representative
conducts business. The policy must
include coverage for malpractice claims
against the representative and be in an
amount we prescribe; and
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(d) * * *
(1) * * *
(ii) Meet at all times the criminal
background investigation criteria, as
described in paragraph (a)(4) of this
section;
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PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
§ 416.1517 Direct payment of fees to
eligible non-attorney representatives.
(a) * * *
(6) Provides proof of and maintains
continuous liability insurance coverage
that is underwritten by an entity that is
legally permitted to provide
professional liability insurance in the
States in which the representative
conducts business. The policy must
include coverage for malpractice claims
against the representative and be in an
amount we prescribe; and
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(d) * * *
(1) * * *
(ii) Meet at all times the criminal
background investigation criteria, as
described in paragraph (a)(4) of this
section;
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(f) * * *
(1) Did not meet the initial criteria for
eligibility in paragraph (a)(1), (2), (3), or
(5) of this section in a prior application
period; or
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[FR Doc. 2014–30921 Filed 1–5–15; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
Subpart N—Determinations,
Administrative Review Process, and
Reopening of Determinations and
Decisions
27 CFR Part 9
5. The authority citation for subpart N
of part 416 continues to read as follows:
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Authority: Secs. 702(a)(5), 1631, and 1633
of the Social Security Act (42 U.S.C.
902(a)(5), 1383, and 1383b); sec. 202, Pub. L.
108–203, 118 Stat. 509 (42 U.S.C. 902 note).
[Docket No. TTB–2014–0005; T.D. TTB–126;
Ref: Notice No. 143]
RIN 1513–AC07
Expansion of the Fair Play Viticultural
Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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AGENCY:
§ 416.1403 Administrative actions that are
not initial determinations.
SUMMARY:
6. Revise § 416.1403 paragraphs
(a)(24) and (25) to read as follows:
(a) * * *
(24) Starting or discontinuing a
continuing disability review;
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The Alcohol and Tobacco Tax
and Trade Bureau (TTB) is expanding
the approximately 33-square mile ‘‘Fair
Play’’ viticultural area in El Dorado
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County, California, by 1,200 acres
(approximately 2 square miles). The
established viticultural area and the
expansion area are both located entirely
within the larger El Dorado and Sierra
Foothills viticultural areas. TTB
designates viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase.
DATES: This final rule is effective
February 5, 2015.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated various
authorities through Treasury
Department Order 120–01 (Revised),
dated December 10, 2013, to the TTB
Administrator to perform the functions
and duties in the administration and
enforcement of this law.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes the establishment of
definitive viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) sets forth the
standards for the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas (AVAs) and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features, as described in
part 9 of the regulations, and a name
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Federal Register / Vol. 80, No. 3 / Tuesday, January 6, 2015 / Rules and Regulations
and a delineated boundary, as
established in part 9 of the regulations.
These designations allow vintners and
consumers to attribute a given quality,
reputation, or other characteristic of a
wine made from grapes grown in an area
to the wine’s geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA is
neither an approval nor an endorsement
by TTB of the wine produced in that
area.
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Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and provides that any interested party
may petition TTB to establish a grapegrowing region as an AVA. Petitioners
may use the same process to request
changes involving established AVAs.
Section 9.12 of the TTB regulations (27
CFR 9.12) prescribes standards for
petitions for modifying established
AVAs. Petitions to expand an
established AVA must include the
following:
• Evidence that the area within the
proposed expansion area boundary is
nationally or locally known by the name
of the established AVA;
• An explanation of the basis for
defining the boundary of the proposed
expansion area;
• A narrative description of the
features of the proposed expansion area
that affect viticulture, such as climate,
geology, soils, physical features, and
elevation, that make the proposed
expansion area similar to the
established AVA and distinguish it from
adjacent areas outside the established
AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
expansion area, with the boundary of
the proposed expansion area clearly
drawn thereon; and
• A detailed narrative description of
the proposed expansion area boundary
based on USGS map markings.
Petition To Expand the Fair Play AVA
TTB received a petition from Randy
and Tina Rossi, owners of Saluti Cellars
winery and vineyard, proposing that the
established Fair Play AVA in El Dorado
County, California, be expanded. The
Fair Play AVA (27 CFR 9.168) was
established by T.D. ATF–440, which
was published in the Federal Register
on February 26, 2001 (66 FR 11539).
The Fair Play AVA contains
approximately 250 acres of
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commercially producing vineyards and
covers approximately 33 square miles in
southern El Dorado County, California,
around the small, unincorporated
community of Fair Play. The proposed
expansion area and the established AVA
are both located within the El Dorado
AVA (27 CFR 9.61), which, in turn, is
within the larger, multicounty Sierra
Foothills AVA (27 CFR 9.120). The Fair
Play AVA and the proposed expansion
area do not overlap any other
established or proposed AVAs.
The proposed expansion area is
adjacent to the northeast corner of the
established Fair Play AVA boundary
and covers approximately 1,200 acres
(approximately 2 square miles). One
commercial vineyard, Saluti Cellars, is
within the proposed expansion area.
The petition included a letter from the
president of the Fair Play Winery
Association in support of the proposed
expansion.
According to the petition, the soils,
topography, and climate of the proposed
expansion area are similar to those of
the established Fair Play AVA. The
proposed expansion area and the
established AVA are both regions of
steep hillsides and ridge tops with
elevations between 2,000 and 3,000 feet.
The soils of the proposed expansion
area and the established AVA are deep,
well-drained sandy loams and coarse
sandy loams derived mainly from
granite, with the Holland, Musick, and
Shaver soil series being the most
prevalent soil series. Finally, the
proposed expansion area and the Fair
Play AVA both have growing seasons of
between 230 and 250 days and receive
between 35 and 40 inches of rain
annually.
Although the proposed expansion
area is more similar to the Fair Play
AVA than the surrounding regions, the
proposed expansion area still shares
some of the features of the surrounding
El Dorado and Sierra Foothills AVAs.
For example, the well-drained sandy
loam soils that characterize the
proposed expansion area are also found
in limited amounts within the two
larger AVAs, although the most
common soils within the El Dorado and
Sierra Foothills AVA are poorly drained
volcanic soils. The proposed expansion
area is a region of rolling hills that
become progressively steeper, similar to
the topography of the El Dorado and
Sierra Foothills AVAs. However, the
range of elevations within the smaller
proposed expansion area is not as great
as within the two larger AVAs, which
have elevations ranging from 500 to
3,500 feet. Finally, although the range of
annual rainfall amounts and the
growing season lengths within the
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401
proposed expansion area and the Fair
Play AVA are within the ranges of those
of the larger El Dorado and Sierra
Foothills AVA, the wider range of
elevations within the two larger AVAs
results in a much wider range of
precipitation amounts and growing
season lengths.
Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 143 in the
Federal Register on June 17, 2014 (79
FR 34474), proposing to expand the Fair
Play AVA. In the notice, TTB
summarized the evidence from the
petition regarding the name, boundary,
and distinguishing features for the
proposed expansion area. For a detailed
description of the evidence relating to
the name, boundary, and distinguishing
features of the proposed expansion area,
and for a comparison of the
distinguishing features of the proposed
expansion area to the surrounding areas
and to the established Fair Play AVA,
see Notice No. 143.
In Notice No. 143, TTB solicited
comments on the accuracy of the name,
boundary, climatic, and other required
information submitted in support of the
petition. The comment period closed on
August 18, 2014. TTB received no
comments in response to Notice No.
143.
TTB Determination
After careful review of the petition,
TTB finds that the soil, climate, and
topography evidence provided by the
petitioner sufficiently demonstrates that
although the proposed expansion area
shares some of the broader
characteristics of the larger El Dorado
and Sierra Foothills AVAs, it is also
similar to the established Fair Play AVA
and should also be recognized as part of
that AVA. Accordingly, under the
authority of the FAA Act, section
1111(d) of the Homeland Security Act of
2002, and part 4 of the TTB regulations,
TTB expands the 33-square mile ‘‘Fair
Play’’ AVA to include the
approximately 2-square mile expansion
area as described in Notice No. 143,
effective 30 days from the publication
date of this document.
Boundary Description
See the narrative description of the
boundary of the AVA expansion in the
regulatory text published at the end of
this final rule.
Maps
The petitioner provided the required
maps, and they are listed below in the
regulatory text.
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Federal Register / Vol. 80, No. 3 / Tuesday, January 6, 2015 / Rules and Regulations
Impact on Current Wine Labels
Drafting Information
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name
or with a brand name that includes an
AVA name, at least 85 percent of the
wine must be derived from grapes
grown within the area represented by
that name, and the wine must meet the
other conditions listed in § 4.25(e)(3) of
the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling
with an AVA name and that name
appears in the brand name, then the
label is not in compliance, and the
bottler must change the brand name and
obtain approval of a new label.
Similarly, if the AVA name appears in
another reference on the label in a
misleading manner, the bottler would
have to obtain approval of a new label.
Different rules apply if a wine has a
brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
§ 4.39(i)(2) of the TTB regulations (27
CFR 4.39(i)(2)) for details.
The expansion of the Fair Play AVA
will not affect any other existing AVA,
and bottlers using ‘‘Fair Play,’’ ‘‘El
Dorado,’’ or ‘‘Sierra Foothills’’ as an
appellation of origin or in a brand name
for wines made from grapes within the
‘‘Fair Play,’’ ‘‘El Dorado,’’ or ‘‘Sierra
Foothills’’ AVAs will not be affected by
this expansion of the Fair Play AVA.
The expansion of the Fair Play AVA
will allow vintners to use ‘‘Fair Play,’’
‘‘El Dorado,’’ or ‘‘Sierra Foothills’’ as
appellations of origin for wines made
primarily from grapes grown within the
expansion area if the wines meet the
eligibility requirements for the
appellation.
Karen A. Thornton of the Regulations
and Rulings Division drafted this final
rule.
Regulatory Flexibility Act
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TTB certifies that this regulation will
not have a significant economic impact
on a substantial number of small
entities. The regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of an AVA name
would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
It has been determined that this rule
is not a significant regulatory action as
defined by Executive Order 12866 of
September 30, 1993. Therefore, no
regulatory assessment is required.
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List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, TTB amends title 27, chapter
I, part 9, Code of Federal Regulations, as
follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
12 E. and R. 13 E. (‘‘Omo Ranch
Quadrangle’’);
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(12) The boundary continues west
along the South Fork of the Cosumnes
River to its intersection with the
western boundary of Section 14, T. 8 N.,
R 11 E. (‘‘Aukum Quadrangle’’);
(13) The boundary then proceeds
north along the western boundary lines
of Sections 14, 11, and 2, T. 8 N., R 11
E., and then the western boundary lines
of Sections 35 and 26, T. 9 N., R 11 E.,
to return to the beginning point
(‘‘Aukum Quadrangle’’).
Signed: October 14, 2014.
John J. Manfreda,
Administrator.
Approved: November 18, 2014.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
[FR Doc. 2014–30942 Filed 1–5–15; 8:45 am]
2. Section 9.168 is amended by
revising paragraphs (b), (c)(4) through
(c)(7), (c)(12), and (c)(13) to read as
follows:
BILLING CODE 4810–31–P
§ 9.168
Forest Service
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Fair Play.
(a) * * *
(b) Approved maps. The four United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Fair Play
viticultural area are titled:
(1) Aukum, Calif., 1952 (photorevised
1973);
(2) Camino, CA, 1952 (photorevised
1973);
(3) Sly Park, CA, 1952 (photorevised
1973); and
(4) Omo Ranch, Calif., 1952
(photorevised 1973).
(c) * * *
(4) The boundary continues east along
Grizzly Flat Road to its intersection with
the 2,200-foot contour line (‘‘Camino
Quadrangle’’);
(5) The boundary continues
northeasterly and then easterly along
the 2,200-foot contour line until the
contour line intersects with Jackass
Canyon Creek near the eastern boundary
of Section 10, T. 9 N., R. 12. E., on the
‘‘Camino Quadrangle’’ map;
(6) The boundary then proceeds
southeast along Jackass Canyon Creek,
crossing over the southwestern corner of
the ‘‘Sly Park’’ Quadrangle map and
onto the ‘‘Omo Ranch’’ Quadrangle
map, to the headwaters of the creek,
then proceeds in a straight line
southeast to Grizzly Flat Road in
Section 24, T. 9 N., R. 12 E.;
(7) The boundary continues east along
Grizzly Flat Road until the road
intersects with the range line between R.
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DEPARTMENT OF AGRICULTURE
36 CFR Part 230
RIN 0596–AD21
Forest Land Enhancement Program
(FLEP)
Forest Service, USDA.
Final rule.
AGENCY:
ACTION:
This final rule removes
regulations for the Forest Land
Enhancement Program (FLEP) from the
Code of Federal Regulations in
conformity with Sec. 8001 of the
Agriculture Act of 2014 (2014 Farm
Bill), in which Congress repealed FLEP.
The Program’s funding authority
expired in fiscal year 2007.
DATES: The rule is effective March 9,
2015. Submit comments by February 5,
2015.
ADDRESSES: Written comments
concerning this rule should be
addressed to Karl R. Dalla Rosa, 201
14th Street SW., Washington, DC 20024,
Room 3SC. Comments may also be sent
via email to kdallarosa@fs.fed.us
All comments, including names and
addresses when provided, are placed in
the record and are available for public
inspection and copying. The public may
inspect comments received at 201 14th
Street, SW., Washington, DC 20024,
Room 3SC. Visitors are encouraged to
call ahead to 202–205–6206 to facilitate
entry to the building.
FOR FURTHER INFORMATION CONTACT: Karl
R. Dalla Rosa, Forest Stewardship
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 3 (Tuesday, January 6, 2015)]
[Rules and Regulations]
[Pages 400-402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30942]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2014-0005; T.D. TTB-126; Ref: Notice No. 143]
RIN 1513-AC07
Expansion of the Fair Play Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
expanding the approximately 33-square mile ``Fair Play'' viticultural
area in El Dorado County, California, by 1,200 acres (approximately 2
square miles). The established viticultural area and the expansion area
are both located entirely within the larger El Dorado and Sierra
Foothills viticultural areas. TTB designates viticultural areas to
allow vintners to better describe the origin of their wines and to
allow consumers to better identify wines they may purchase.
DATES: This final rule is effective February 5, 2015.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated various
authorities through Treasury Department Order 120-01 (Revised), dated
December 10, 2013, to the TTB Administrator to perform the functions
and duties in the administration and enforcement of this law.
Part 4 of the TTB regulations (27 CFR part 4) authorizes the
establishment of definitive viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets
forth the standards for the preparation and submission of petitions for
the establishment or modification of American viticultural areas (AVAs)
and lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and a name
[[Page 401]]
and a delineated boundary, as established in part 9 of the regulations.
These designations allow vintners and consumers to attribute a given
quality, reputation, or other characteristic of a wine made from grapes
grown in an area to the wine's geographic origin. The establishment of
AVAs allows vintners to describe more accurately the origin of their
wines to consumers and helps consumers to identify wines they may
purchase. Establishment of an AVA is neither an approval nor an
endorsement by TTB of the wine produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Petitioners may use the same process to request changes
involving established AVAs. Section 9.12 of the TTB regulations (27 CFR
9.12) prescribes standards for petitions for modifying established
AVAs. Petitions to expand an established AVA must include the
following:
Evidence that the area within the proposed expansion area
boundary is nationally or locally known by the name of the established
AVA;
An explanation of the basis for defining the boundary of
the proposed expansion area;
A narrative description of the features of the proposed
expansion area that affect viticulture, such as climate, geology,
soils, physical features, and elevation, that make the proposed
expansion area similar to the established AVA and distinguish it from
adjacent areas outside the established AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed expansion area, with the
boundary of the proposed expansion area clearly drawn thereon; and
A detailed narrative description of the proposed expansion
area boundary based on USGS map markings.
Petition To Expand the Fair Play AVA
TTB received a petition from Randy and Tina Rossi, owners of Saluti
Cellars winery and vineyard, proposing that the established Fair Play
AVA in El Dorado County, California, be expanded. The Fair Play AVA (27
CFR 9.168) was established by T.D. ATF-440, which was published in the
Federal Register on February 26, 2001 (66 FR 11539). The Fair Play AVA
contains approximately 250 acres of commercially producing vineyards
and covers approximately 33 square miles in southern El Dorado County,
California, around the small, unincorporated community of Fair Play.
The proposed expansion area and the established AVA are both located
within the El Dorado AVA (27 CFR 9.61), which, in turn, is within the
larger, multicounty Sierra Foothills AVA (27 CFR 9.120). The Fair Play
AVA and the proposed expansion area do not overlap any other
established or proposed AVAs.
The proposed expansion area is adjacent to the northeast corner of
the established Fair Play AVA boundary and covers approximately 1,200
acres (approximately 2 square miles). One commercial vineyard, Saluti
Cellars, is within the proposed expansion area. The petition included a
letter from the president of the Fair Play Winery Association in
support of the proposed expansion.
According to the petition, the soils, topography, and climate of
the proposed expansion area are similar to those of the established
Fair Play AVA. The proposed expansion area and the established AVA are
both regions of steep hillsides and ridge tops with elevations between
2,000 and 3,000 feet. The soils of the proposed expansion area and the
established AVA are deep, well-drained sandy loams and coarse sandy
loams derived mainly from granite, with the Holland, Musick, and Shaver
soil series being the most prevalent soil series. Finally, the proposed
expansion area and the Fair Play AVA both have growing seasons of
between 230 and 250 days and receive between 35 and 40 inches of rain
annually.
Although the proposed expansion area is more similar to the Fair
Play AVA than the surrounding regions, the proposed expansion area
still shares some of the features of the surrounding El Dorado and
Sierra Foothills AVAs. For example, the well-drained sandy loam soils
that characterize the proposed expansion area are also found in limited
amounts within the two larger AVAs, although the most common soils
within the El Dorado and Sierra Foothills AVA are poorly drained
volcanic soils. The proposed expansion area is a region of rolling
hills that become progressively steeper, similar to the topography of
the El Dorado and Sierra Foothills AVAs. However, the range of
elevations within the smaller proposed expansion area is not as great
as within the two larger AVAs, which have elevations ranging from 500
to 3,500 feet. Finally, although the range of annual rainfall amounts
and the growing season lengths within the proposed expansion area and
the Fair Play AVA are within the ranges of those of the larger El
Dorado and Sierra Foothills AVA, the wider range of elevations within
the two larger AVAs results in a much wider range of precipitation
amounts and growing season lengths.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 143 in the Federal Register on June 17,
2014 (79 FR 34474), proposing to expand the Fair Play AVA. In the
notice, TTB summarized the evidence from the petition regarding the
name, boundary, and distinguishing features for the proposed expansion
area. For a detailed description of the evidence relating to the name,
boundary, and distinguishing features of the proposed expansion area,
and for a comparison of the distinguishing features of the proposed
expansion area to the surrounding areas and to the established Fair
Play AVA, see Notice No. 143.
In Notice No. 143, TTB solicited comments on the accuracy of the
name, boundary, climatic, and other required information submitted in
support of the petition. The comment period closed on August 18, 2014.
TTB received no comments in response to Notice No. 143.
TTB Determination
After careful review of the petition, TTB finds that the soil,
climate, and topography evidence provided by the petitioner
sufficiently demonstrates that although the proposed expansion area
shares some of the broader characteristics of the larger El Dorado and
Sierra Foothills AVAs, it is also similar to the established Fair Play
AVA and should also be recognized as part of that AVA. Accordingly,
under the authority of the FAA Act, section 1111(d) of the Homeland
Security Act of 2002, and part 4 of the TTB regulations, TTB expands
the 33-square mile ``Fair Play'' AVA to include the approximately 2-
square mile expansion area as described in Notice No. 143, effective 30
days from the publication date of this document.
Boundary Description
See the narrative description of the boundary of the AVA expansion
in the regulatory text published at the end of this final rule.
Maps
The petitioner provided the required maps, and they are listed
below in the regulatory text.
[[Page 402]]
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in Sec.
4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)). If the wine is
not eligible for labeling with an AVA name and that name appears in the
brand name, then the label is not in compliance, and the bottler must
change the brand name and obtain approval of a new label. Similarly, if
the AVA name appears in another reference on the label in a misleading
manner, the bottler would have to obtain approval of a new label.
Different rules apply if a wine has a brand name containing an AVA name
that was used as a brand name on a label approved before July 7, 1986.
See Sec. 4.39(i)(2) of the TTB regulations (27 CFR 4.39(i)(2)) for
details.
The expansion of the Fair Play AVA will not affect any other
existing AVA, and bottlers using ``Fair Play,'' ``El Dorado,'' or
``Sierra Foothills'' as an appellation of origin or in a brand name for
wines made from grapes within the ``Fair Play,'' ``El Dorado,'' or
``Sierra Foothills'' AVAs will not be affected by this expansion of the
Fair Play AVA. The expansion of the Fair Play AVA will allow vintners
to use ``Fair Play,'' ``El Dorado,'' or ``Sierra Foothills'' as
appellations of origin for wines made primarily from grapes grown
within the expansion area if the wines meet the eligibility
requirements for the appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of an AVA
name would be the result of a proprietor's efforts and consumer
acceptance of wines from that area. Therefore, no regulatory
flexibility analysis is required.
Executive Order 12866
It has been determined that this rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Section 9.168 is amended by revising paragraphs (b), (c)(4) through
(c)(7), (c)(12), and (c)(13) to read as follows:
Sec. 9.168 Fair Play.
(a) * * *
(b) Approved maps. The four United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Fair Play viticultural area are titled:
(1) Aukum, Calif., 1952 (photorevised 1973);
(2) Camino, CA, 1952 (photorevised 1973);
(3) Sly Park, CA, 1952 (photorevised 1973); and
(4) Omo Ranch, Calif., 1952 (photorevised 1973).
(c) * * *
(4) The boundary continues east along Grizzly Flat Road to its
intersection with the 2,200-foot contour line (``Camino Quadrangle'');
(5) The boundary continues northeasterly and then easterly along
the 2,200-foot contour line until the contour line intersects with
Jackass Canyon Creek near the eastern boundary of Section 10, T. 9 N.,
R. 12. E., on the ``Camino Quadrangle'' map;
(6) The boundary then proceeds southeast along Jackass Canyon
Creek, crossing over the southwestern corner of the ``Sly Park''
Quadrangle map and onto the ``Omo Ranch'' Quadrangle map, to the
headwaters of the creek, then proceeds in a straight line southeast to
Grizzly Flat Road in Section 24, T. 9 N., R. 12 E.;
(7) The boundary continues east along Grizzly Flat Road until the
road intersects with the range line between R. 12 E. and R. 13 E.
(``Omo Ranch Quadrangle'');
* * * * *
(12) The boundary continues west along the South Fork of the
Cosumnes River to its intersection with the western boundary of Section
14, T. 8 N., R 11 E. (``Aukum Quadrangle'');
(13) The boundary then proceeds north along the western boundary
lines of Sections 14, 11, and 2, T. 8 N., R 11 E., and then the western
boundary lines of Sections 35 and 26, T. 9 N., R 11 E., to return to
the beginning point (``Aukum Quadrangle'').
Signed: October 14, 2014.
John J. Manfreda,
Administrator.
Approved: November 18, 2014.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2014-30942 Filed 1-5-15; 8:45 am]
BILLING CODE 4810-31-P
