Los Carneros Viticultural Area; Technical Amendment (2006R-224P), 66454-66455 [E6-19231]

Download as PDF 66454 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Rules and Regulations Executive Order 13175 (Tribal Consultation) 1041(a), Pub. L. 102–240, 105 Stat. 1914; 23 CFR 1.32; 49 CFR 1.48(b). The FHWA has analyzed this final rule under Executive Order 13175, dated November 6, 2000, and believes that this action will not have substantial direct effects on one or more Indian tribes; will not impose substantial direct compliance costs on Indian tribal governments; and will not preempt tribal laws. This final action addresses material selection by the States for Federal-aid highway projects and will not impose any direct compliance requirements on Indian tribal governments. Therefore, a tribal summary impact statement is not required. § 635.411 Executive Order 13211 (Energy Effects) We have analyzed this action under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use Dated May 18, 2001. We have determined that it is not a significant energy action under that order because it is not a significant regulatory action under Executive Order 12866 and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, a Statement of Energy Effects is not required. Regulation Identification Number A regulation identification number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. List of Subjects in 23 CFR Part 635 Grant programs—transportation, Highways and roads, Reporting and recordkeeping requirements. In consideration of the foregoing, the FHWA proposes to amend part 635 of title 23, Code of Federal Regulations, as follows: I rmajette on PROD1PC67 with RULES1 PART 635—CONSTRUCTION AND MAINTENANCE 1. Revise the authority citation for part 635 to read as follows: I Authority: Sec. 5514 of Pub. L. 109–59, 119 Stat. 1144; 23 U.S.C. 101 (note), 109, 112, 113, 114, 116, 119, 128, and 315; 31 U.S.C. 6505; 42 U.S.C. 3334, 4601 et seq.; Sec. 14:33 Nov 14, 2006 Jkt 211001 2. Amend § 635.411 by removing paragraph (d) and redesignating paragraphs (e) and (f) as (d) and (e) respectively. I Appendix A to Subpart D [Removed] 3. Amend 23 CFR part 635, subpart D by removing Appendix A to Subpart D. I [FR Doc. E6–19240 Filed 11–14–06; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [T.D. TTB–55] RIN 1513–AB32 Los Carneros Viticultural Area; Technical Amendment (2006R–224P) Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Final rule; Treasury decision. AGENCY: In this Treasury decision, the Alcohol and Tobacco Tax and Trade Bureau makes a technical amendment to its regulations to clarify the viticultural significance of the terms ‘‘Los Carneros’’ and ‘‘Carneros’’ in relation to the existing Los Carneros viticultural area. DATES: Effective Date: November 15, 2006. SUMMARY: N. A. Sutton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St., No. 158, Petaluma, CA 94952; phone 415– 271–1254. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background on Viticultural Areas Issued on: November 7, 2006. J. Richard Capka, Federal Highway Administrator. VerDate Aug<31>2005 [Amended] TTB Authority Section 105(e) of the Federal Alcohol Administration Act (the FAA Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels provide consumers with adequate information regarding product identity and prohibits the use of misleading information on those labels. The FAA Act also authorizes the Secretary of the Treasury to issue regulations to carry out its provisions. The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers these regulations. Part 4 of the TTB regulations (27 CFR part 4) allows the establishment of definitive viticultural areas and the use PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 of their names as appellations of origin on wine labels and in wine advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains the list of approved viticultural areas. 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 distinguishable by geographic features, the boundaries of which have been recognized and defined 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 its geographic origin. The establishment of viticultural areas allows vintners to describe more accurately the origin of their wines to consumers and helps consumers to identify wines they may purchase. Establishment of a viticultural area is neither an approval nor an endorsement by TTB of the wine produced in that area. Los Carneros Viticultural Area Background The Bureau of Alcohol, Tobacco and Firearms (ATF), the predecessor agency of TTB, established the Los Carneros viticultural area effective on September 19, 1983, in T.D. ATF–142, published in the Federal Register on August 18, 1983 (48 FR 37365). The establishment of the Los Carneros viticultural area is codified, and its boundary is described, in the TTB regulations at 27 CFR 9.32. The ‘‘Evidence of Name’’ discussion in the preamble of T.D. ATF–142 states that the names ‘‘Los Carneros’’ and ‘‘Carneros’’ are generally used interchangeably. The 1983 final rule document explains that ATF approved many labels over a period of more than ten years that simply used the name ‘‘Carneros.’’ Also, ATF noted that the Spanish word ‘‘los’’ translates to ‘‘the’’ in English. ATF therefore, in this specific case, determined that ‘‘Carneros’’ and ‘‘Los Carneros’’ are not different names, but rather are equivalent forms of the same name. Consequently, ATF concluded that either ‘‘Los Carneros’’ or ‘‘Carneros’’ should be allowed for use on labels and in advertising to refer to the Los Carneros viticultural area. Currently, paragraph (a) of § 9.32, states, ‘‘The name of the viticultural area described in this section is ‘Los Carneros.’ ’’ To clarify that the ‘‘Los Carneros’’ and ‘‘Carneros’’ names both have the same and equal viticultural significance in the context of this E:\FR\FM\15NOR1.SGM 15NOR1 Federal Register / Vol. 71, No. 220 / Wednesday, November 15, 2006 / Rules and Regulations viticultural area, TTB is amending paragraph (a) of 27 CFR 9.32. This technical amendment clarifies the fact that either ‘‘Los Carneros’’ or ‘‘Carneros’’ standing alone may be used as the name of the viticultural area, and that both terms are viticulturally significant for the purposes of part 4 of the TTB regulations. Impact on Current Wine Labels This technical amendment to the Los Carneros viticultural area does not affect currently approved wine labels that use the ‘‘Los Carneros’’ or ‘‘Carneros’’ names. 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 eligible to use as an appellation of origin a viticultural area name or other term specified as being viticulturally significant in part 9 of the TTB regulations, at least 85 percent of the wine must be derived from grapes grown within the area represented by that name or other term, and the wine must meet the other conditions listed in 27 CFR 4.25(e)(3). Different rules apply if a wine has a brand name containing a viticultural area name or other viticulturally significant term that was used as a brand name on a label approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details. Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply. Inapplicability of Prior Notice and Comment and Delayed Effective Date Procedures List of Subjects in 27 CFR Part 9 Wine. The Regulatory Amendment For the reasons discussed in the preamble, we amend 27 CFR, chapter 1, part 9, as follows: PART 9—AMERICAN VITICULTURAL AREAS 1. The authority citation for part 9 continues to read as follows: I Authority: 27 U.S.C. 205. Subpart C—Approved American Viticultural Areas 2. Section § 9.32 is amended by revising paragraph (a) to read as follows: I § 9.32 Los Carneros. (a) Name. The name of the viticultural area described in this section is ‘‘Los Carneros’’. ‘‘Carneros’’ may also be used as the name of the viticultural area described in this section. For purposes of part 4 of this chapter, ‘‘Los Carneros’’ and ‘‘Carneros’’ are terms of viticultural significance. * * * * * Signed: October 2, 2006. John J. Manfreda, Administrator. Approved: October 13, 2006. Timothy E. Skud, Deputy Assistant Secretary (Tax, Trade, and Tariff Policy). [FR Doc. E6–19231 Filed 11–14–06; 8:45 am] BILLING CODE 4810–31–P PENSION BENEFIT GUARANTY CORPORATION 29 CFR Parts 4022 and 4044 Executive Order 12866 rmajette on PROD1PC67 with RULES1 Because this regulatory action merely codifies an existing policy adopted in 1983 as part of a prior rulemaking action that included a public notice and comment period, TTB has determined that no notice of proposed rulemaking and public comment period are required under 5 U.S.C. 553(b). For the same reason, this final rule is not subject to the delayed effective date requirement of 5 U.S.C. 553(d). SUMMARY: The Pension Benefit Guaranty Corporation’s regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating singleemployer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in December 2006. Interest This final rule is not a significant regulatory action as defined by Executive Order 12866, 58 FR 51735. Therefore, it requires no regulatory assessment. Drafting Information N. A. Sutton of the Regulations and Rulings Division drafted this notice. VerDate Aug<31>2005 14:33 Nov 14, 2006 Jkt 211001 Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits Pension Benefit Guaranty Corporation. ACTION: Final rule. AGENCY: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 66455 assumptions are also published on the PBGC’s Web site (https://www.pbgc.gov). DATES: Effective December 1, 2006. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Manager, Regulatory and Policy Division, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005, 202–326– 4024. (TTY/TDD users may call the Federal relay service toll-free at 1–800– 877–8339 and ask to be connected to 202–326–4024.) SUPPLEMENTARY INFORMATION: The PBGC’s regulations prescribe actuarial assumptions—including interest assumptions—for valuing and paying plan benefits of terminating singleemployer plans covered by title IV of the Employee Retirement Income Security Act of 1974. The interest assumptions are intended to reflect current conditions in the financial and annuity markets. Three sets of interest assumptions are prescribed: (1) A set for the valuation of benefits for allocation purposes under section 4044 (found in Appendix B to Part 4044), (2) a set for the PBGC to use to determine whether a benefit is payable as a lump sum and to determine lump-sum amounts to be paid by the PBGC (found in Appendix B to Part 4022), and (3) a set for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using the PBGC’s historical methodology (found in Appendix C to Part 4022). This amendment (1) adds to Appendix B to Part 4044 the interest assumptions for valuing benefits for allocation purposes in plans with valuation dates during December 2006, (2) adds to Appendix B to Part 4022 the interest assumptions for the PBGC to use for its own lump-sum payments in plans with valuation dates during December 2006, and (3) adds to Appendix C to Part 4022 the interest assumptions for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using the PBGC’s historical methodology for valuation dates during December 2006. For valuation of benefits for allocation purposes, the interest assumptions that the PBGC will use (set forth in Appendix B to part 4044) will be 5.80 percent for the first 20 years following the valuation date and 4.75 percent thereafter. These interest assumptions represent an increase (from those in effect for November 2006) of 0.10 percent for the first 20 years following the valuation date and are otherwise unchanged. These interest assumptions E:\FR\FM\15NOR1.SGM 15NOR1

Agencies

[Federal Register Volume 71, Number 220 (Wednesday, November 15, 2006)]
[Rules and Regulations]
[Pages 66454-66455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19231]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[T.D. TTB-55]
RIN 1513-AB32


Los Carneros Viticultural Area; Technical Amendment (2006R-224P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Final rule; Treasury decision.

-----------------------------------------------------------------------

SUMMARY: In this Treasury decision, the Alcohol and Tobacco Tax and 
Trade Bureau makes a technical amendment to its regulations to clarify 
the viticultural significance of the terms ``Los Carneros'' and 
``Carneros'' in relation to the existing Los Carneros viticultural 
area.

DATES: Effective Date: November 15, 2006.

FOR FURTHER INFORMATION CONTACT: N. A. Sutton, Regulations and Rulings 
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St., 
No. 158, Petaluma, CA 94952; phone 415-271-1254.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (the FAA 
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels 
provide consumers with adequate information regarding product identity 
and prohibits the use of misleading information on those labels. The 
FAA Act also authorizes the Secretary of the Treasury to issue 
regulations to carry out its provisions. The Alcohol and Tobacco Tax 
and Trade Bureau (TTB) administers these regulations.
    Part 4 of the TTB regulations (27 CFR part 4) allows 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) contains 
the list of approved viticultural areas.

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 distinguishable by geographic features, the boundaries 
of which have been recognized and defined 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 its geographic origin. The establishment of 
viticultural areas allows vintners to describe more accurately the 
origin of their wines to consumers and helps consumers to identify 
wines they may purchase. Establishment of a viticultural area is 
neither an approval nor an endorsement by TTB of the wine produced in 
that area.

Los Carneros Viticultural Area

Background

    The Bureau of Alcohol, Tobacco and Firearms (ATF), the predecessor 
agency of TTB, established the Los Carneros viticultural area effective 
on September 19, 1983, in T.D. ATF-142, published in the Federal 
Register on August 18, 1983 (48 FR 37365). The establishment of the Los 
Carneros viticultural area is codified, and its boundary is described, 
in the TTB regulations at 27 CFR 9.32.
    The ``Evidence of Name'' discussion in the preamble of T.D. ATF-142 
states that the names ``Los Carneros'' and ``Carneros'' are generally 
used interchangeably. The 1983 final rule document explains that ATF 
approved many labels over a period of more than ten years that simply 
used the name ``Carneros.'' Also, ATF noted that the Spanish word 
``los'' translates to ``the'' in English. ATF therefore, in this 
specific case, determined that ``Carneros'' and ``Los Carneros'' are 
not different names, but rather are equivalent forms of the same name. 
Consequently, ATF concluded that either ``Los Carneros'' or 
``Carneros'' should be allowed for use on labels and in advertising to 
refer to the Los Carneros viticultural area.
    Currently, paragraph (a) of Sec.  9.32, states, ``The name of the 
viticultural area described in this section is `Los Carneros.' '' To 
clarify that the ``Los Carneros'' and ``Carneros'' names both have the 
same and equal viticultural significance in the context of this

[[Page 66455]]

viticultural area, TTB is amending paragraph (a) of 27 CFR 9.32. This 
technical amendment clarifies the fact that either ``Los Carneros'' or 
``Carneros'' standing alone may be used as the name of the viticultural 
area, and that both terms are viticulturally significant for the 
purposes of part 4 of the TTB regulations.

Impact on Current Wine Labels

    This technical amendment to the Los Carneros viticultural area does 
not affect currently approved wine labels that use the ``Los Carneros'' 
or ``Carneros'' names. 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 eligible to use 
as an appellation of origin a viticultural area name or other term 
specified as being viticulturally significant in part 9 of the TTB 
regulations, at least 85 percent of the wine must be derived from 
grapes grown within the area represented by that name or other term, 
and the wine must meet the other conditions listed in 27 CFR 
4.25(e)(3). Different rules apply if a wine has a brand name containing 
a viticultural area name or other viticulturally significant term that 
was used as a brand name on a label approved before July 7, 1986. See 
27 CFR 4.39(i)(2) for details.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. chapter 6) do 
not apply.

Inapplicability of Prior Notice and Comment and Delayed Effective Date 
Procedures

    Because this regulatory action merely codifies an existing policy 
adopted in 1983 as part of a prior rulemaking action that included a 
public notice and comment period, TTB has determined that no notice of 
proposed rulemaking and public comment period are required under 5 
U.S.C. 553(b). For the same reason, this final rule is not subject to 
the delayed effective date requirement of 5 U.S.C. 553(d).

Executive Order 12866

    This final rule is not a significant regulatory action as defined 
by Executive Order 12866, 58 FR 51735. Therefore, it requires no 
regulatory assessment.

Drafting Information

    N. A. Sutton of the Regulations and Rulings Division drafted this 
notice.

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

    For the reasons discussed in the preamble, we amend 27 CFR, chapter 
1, part 9, 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 Sec.  9.32 is amended by revising paragraph (a) to read as 
follows:


Sec.  9.32  Los Carneros.

    (a) Name. The name of the viticultural area described in this 
section is ``Los Carneros''. ``Carneros'' may also be used as the name 
of the viticultural area described in this section. For purposes of 
part 4 of this chapter, ``Los Carneros'' and ``Carneros'' are terms of 
viticultural significance.
* * * * *

    Signed: October 2, 2006.
John J. Manfreda,
Administrator.
    Approved: October 13, 2006.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
 [FR Doc. E6-19231 Filed 11-14-06; 8:45 am]
BILLING CODE 4810-31-P
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