Establishment of the Big Valley District-Lake County and Kelsey Bench-Lake County Viticultural Areas and Modification of the Red Hills Lake County Viticultural Area, 60686-60690 [2013-23939]

Download as PDF 60686 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations Section V of the SUPPLEMENTARY section and add, in its place, the following: ‘‘The Office of Information and Regulatory Affairs of the Office of Management and Budget has waived review of this rule under Executive Order 12866.’’ code_of_federal_regulations/ ibr_locations.html. INFORMATION By the Commission. Dated: September 25, 2013. Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2013–23914 Filed 10–1–13; 8:45 am] BILLING CODE 8011–01–P Dated: September 25, 2013. Gary A. Steinberg, Acting Director, Office of Workers’ Compensation Programs. DEPARTMENT OF LABOR Office of Workers’ Compensation Programs [FR Doc. 2013–23928 Filed 10–1–13; 8:45 am] BILLING CODE P 20 CFR Parts 718 and 725 RIN 1240–AA04 DEPARTMENT OF THE TREASURY Regulations Implementing the Byrd Amendments to the Black Lung Benefits Act: Determining Coal Miners’ and Survivors’ Entitlement to Benefits; Correction Alcohol and Tobacco Tax and Trade Bureau Office of Workers’ Compensation Programs, Labor. ACTION: Final rule; correction. AGENCY: sroberts on DSK5SPTVN1PROD with RULES VerDate Mar<15>2010 15:59 Oct 01, 2013 Jkt 232001 [Docket No. TTB–2013–0003; T.D. TTB–118; Ref: Notice No. 134] RIN 1513–AB99 The Office of Workers’ Compensation Programs is correcting the preamble to a final rule implementing amendments to the Black Lung Benefits Act that appeared in the Federal Register of September 25, 2013 (78 FR 59102). The preamble incorrectly stated that the Office of Information and Regulatory Affairs of the Office of Management and Budget had reviewed the rule under Executive Order 12866. This document corrects that error and changes the contact information. DATES: Effective October 25, 2013. FOR FURTHER INFORMATION CONTACT: Carol A. Campbell, Acting Deputy Director, Division of Coal Mine Workers’ Compensation, Office of Workers’ Compensation Programs, U.S. Department of Labor, 200 Constitution Avenue NW., Suite C–3520, Washington, DC 20210. Telephone: (202) 343–5933 (this is not a toll-free number). TTY/TDD callers may dial toll-free 1–800–877–8339 for further information. SUPPLEMENTARY INFORMATION: In the preamble to the final rule titled ‘‘Regulations Implementing the Byrd Amendments to the Black Lung Benefits Act: Determining Coal Miners’ and Survivors’ Entitlement to Benefits’’ published in the Federal Register of September 25, 2013, the following corrections are made: 1. On page 59102, the information in the FOR FURTHER INFORMATION CONTACT section has changed as set forth above. 2. On page 59112, in the third column, remove the last paragraph of SUMMARY: 27 CFR Part 9 Establishment of the Big Valley District-Lake County and Kelsey Bench-Lake County Viticultural Areas and Modification of the Red Hills Lake County Viticultural Area Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Final rule; Treasury Decision. AGENCY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 11,000-acre ‘‘Big Valley District-Lake County’’ viticultural area and the approximately 9,100-acre ‘‘Kelsey Bench-Lake County’’ viticultural area, both in Lake County, California. Additionally, TTB modifies the boundary of the established 31,250acre Red Hills Lake County viticultural area in order to align a portion of its border with that of the proposed Kelsey Bench-Lake County viticultural area. The proposed viticultural areas and the established viticultural area lie entirely within the larger Clear Lake viticultural area and the multicounty North Coast viticultural area. 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 November 1, 2013. 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: SUMMARY: PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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 January 21, 2003, 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) 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) sets forth standards for the preparation and submission of petitions for the establishment or modification of American viticultural areas and lists the approved American 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 having distinguishing features as described in part 9 of the regulations and a name 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 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. Requirements Section 4.25(e)(2) of the TTB regulations outlines the procedure for proposing an American viticultural area E:\FR\FM\02OCR1.SGM 02OCR1 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations sroberts on DSK5SPTVN1PROD with RULES and provides that any interested party may petition TTB to establish a grapegrowing region as a viticultural area. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards for petitions for the establishment of American viticultural areas. Petitions to establish a viticultural area must include the following: • Evidence that the area within the proposed viticultural area boundary is nationally or locally known by the viticultural area name specified in the petition; • An explanation of the basis for defining the boundary of the proposed viticultural area; • A narrative description of the features of the proposed viticultural area that affect viticulture, such as climate, geology, soils, physical features, and elevation, that make the proposed viticultural area distinctive and distinguish it from adjacent areas outside the proposed viticultural area boundary; • A copy of the appropriate United States Geological Survey (USGS) map(s) showing the location of the proposed viticultural area, with the boundary of the proposed viticultural area clearly drawn thereon; and • A detailed narrative description of the proposed viticultural area boundary based on USGS map markings. Big Valley District-Lake County and Kelsey Bench-Lake County Petitions TTB received two petitions from Terry Dereniuck on behalf of the Big Valley District and Kelsey Bench Growers Committee proposing the establishment of the ‘‘Big Valley District-Lake County’’ and ‘‘Kelsey Bench-Lake County’’ American viticultural areas within Lake County, California. The proposed Big Valley District-Lake County viticultural area has 6 bonded wineries and 43 vineyards containing approximately 1,800 acres of wine grapes. The proposed Kelsey Bench-Lake County viticultural area has 1 bonded winery and 27 vineyards containing approximately 900 acres of wine grapes. Because the two petitions were submitted simultaneously and the two proposed viticultural areas share a common boundary, TTB is combining both proposals into a single rulemaking document. The proposed Big Valley District-Lake County and Kelsey Bench-Lake County viticultural areas are located in central Lake County, California. The two proposed viticultural areas are bordered by Mount Konocti and the Red Hills to the east and by the Mayacmas Mountains to the west and south. The two proposed viticultural areas lie VerDate Mar<15>2010 15:59 Oct 01, 2013 Jkt 232001 entirely within the existing Clear Lake viticultural area (27 CFR 9.99) which, in turn, lies within the multicounty North Coast viticultural area (27 CFR 9.30). The proposed Big Valley District-Lake County viticultural area is located on the southern shore of Clear Lake. The proposed Kelsey Bench-Lake County viticultural area is adjacent to the southern boundary of the proposed Big Valley District-Lake County viticultural area. TTB notes that this shared proposed boundary line splits two vineyards between the two proposed viticultural areas. However, the petition included letters from both vineyard owners stating their understanding of the split and their support for the establishment of both of the proposed viticultural areas. The letters were included in the rulemaking docket. The petitioner also requested a modification of a small portion of the western boundary of the established ‘‘Red Hills Lake County’’ viticultural area (27 CFR 9.169), to align it with the eastern boundary of the proposed Kelsey Bench-Lake County viticultural area using features identifiable on the newest version of the Kelseyville USGS quadrangle map. The proposed modification would increase the size of the Red Hills Lake County viticultural area by approximately 7 acres. Before the comment period opened, the petitioner provided, as an addendum to the petition, letters from a representative of the Red Hills Lake County growers committee and a vineyard owner whose property is within the Red Hills Lake County viticultural area and near the region of the proposed boundary modification. Both letters supported the proposed boundary modification and were included in the rulemaking docket. Notice of Proposed Rulemaking and Comments Received TTB published Notice No. 134 in the Federal Register on April 5, 2013 (78 FR 20544), proposing to establish the Big Valley District-Lake County and Kelsey Bench-Lake County viticultural areas and to modify the boundary of the established Red Hills Lake County viticultural area. In the notice, TTB summarized the evidence from the petition regarding the name, boundary, and distinguishing features for the proposed viticultural areas. The distinguishing features of the proposed viticultural areas include geology, soils, climate, and topography. The notice also compared the distinguishing features of the proposed viticultural areas to the surrounding areas. For a description of the evidence relating to the name, boundary, and distinguishing PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 60687 features of the proposed viticultural areas and a comparison of the distinguishing features of the proposed viticultural areas to the surrounding areas, see Notice No. 134. In Notice No. 134, TTB solicited comments on the accuracy of the name, boundary, climatic, and other required information submitted in support of the petitions. In addition, given the proposed viticultural areas’ locations within the existing Clear Lake and North Coast viticultural areas, TTB solicited comments on whether the evidence submitted in the petitions regarding the distinguishing features of the proposed viticultural areas sufficiently differentiates the proposed viticultural areas from the two existing viticultural areas. TTB also asked for comments on whether the geographical features of the proposed viticultural areas are so distinguishable from the surrounding Clear Lake or North Coast viticultural areas that the proposed Big Valley District-Lake County and Kelsey Bench–Lake County viticultural areas should no longer be part of the two existing viticultural areas. Finally, TTB asked for comments on whether the boundary of the established Red Hills Lake County viticultural area should be modified to align with the proposed Kelsey Bench-Lake County viticultural area boundary using features identifiable on the latest version of the Kelseyville USGS map quadrangle. The comment period closed on June 4, 2013. TTB received no comments in response to Notice No. 134. TTB Determination After careful review of the petition and the letters submitted with the petition in support of the two proposed AVAs, TTB finds that the evidence provided by the petitioner supports the establishment of the approximately 11,000-acre Big Valley District-Lake County viticultural area and the 9,100acre Kelsey Bench-Lake County viticultural area. 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 establishes the ‘‘Big Valley DistrictLake County’’ viticultural area and the ‘‘Kelsey Bench-Lake County’’ viticultural area in Lake County, California, effective 30 days from the publication date of this document. TTB also determines that the land within the Big Valley District-Lake County viticultural area and the Kelsey BenchLake County viticultural area will remain part of both the Clear Lake and North Coast viticultural areas. Finally, TTB determines that the boundary of E:\FR\FM\02OCR1.SGM 02OCR1 60688 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations the Red Hills Lake County viticultural area will be modified as proposed. Boundary Description See the narrative boundary description of the viticultural areas in the regulatory text published at the end of this final rule. sroberts on DSK5SPTVN1PROD with RULES Maps The petitioner provided the required maps, and they are listed below in the regulatory text. 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. With the establishment of these two viticultural areas, their names, ‘‘Big Valley DistrictLake County’’ and ‘‘Kelsey Bench-Lake County,’’ will be recognized as names of viticultural significance under 27 CFR 4.39(i)(3). TTB has also determined that the terms ‘‘Kelsey Bench’’ and ‘‘Kelseyville Bench’’ both have viticultural significance in relation to the Kelsey Bench-Lake County viticultural area. The text of the regulation clarifies these points. Once this final rule becomes effective, wine bottlers using the names ‘‘Big Valley District-Lake County,’’ ‘‘Kelsey BenchLake County,’’ ‘‘Kelsey Bench,’’ or ‘‘Kelseyville Bench’’ in a brand name, including a trademark, or in another label reference as to the origin of the wine, will have to ensure that the product is eligible to use the viticultural area name as an appellation of origin. The establishment of the Big Valley District-Lake County viticultural area and the Kelsey Bench-Lake County viticultural area will not affect any existing viticultural area, and any bottlers using ‘‘Clear Lake’’ or ‘‘North Coast’’ as an appellation of origin or in a brand name for wines made from grapes grown within the Clear Lake or North Coast viticultural areas will not be affected by the establishment of these new viticultural areas. The establishment of the Big Valley DistrictLake County viticultural area will allow vintners to use ‘‘Big Valley District-Lake County,’’ ‘‘Clear Lake,’’ and ‘‘North Coast’’ as appellations of origin for wines made from grapes grown within the Big Valley District-Lake County viticultural area if the wines meet the eligibility requirements for the appellation. Additionally, the establishment of the Kelsey Bench-Lake County viticultural area will allow vintners to use ‘‘Kelsey Bench-Lake County,’’ ‘‘Clear Lake,’’ and ‘‘North Coast’’ as appellations of origin for wines made from grapes grown within VerDate Mar<15>2010 15:59 Oct 01, 2013 Jkt 232001 the Kelsey Bench-Lake County viticultural area. For a wine to be labeled with a viticultural area name or other term identified as being viticulturally significant in part 9 of the TTB regulations or with a brand name that includes a viticultural area name or other viticulturally significant term, at least 85 percent of the wine must be derived from grapes grown within the area represented by that name or term, and the wine must meet the other conditions listed in 27 CFR 4.25(e)(3). If the wine is not eligible for labeling with a viticultural area name or other viticulturally significant term and that name or term 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 viticultural area name or other viticulturally significant term 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 a viticultural area name or other term of viticultural significance 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 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 a viticultural area 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. 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: Frm 00036 Fmt 4700 Sfmt 4700 1. The authority citation for part 9 continues to read as follows: ■ Authority: 27 U.S.C. 205. Subpart C—Approved American Viticultural Areas 2. Section 9.169 is amended by revising paragraphs (b)(4), (c)(15), (c)(16), and (c)(17) to read as follows: ■ § 9.169 Red Hills Lake County. * * * * * (b) * * * (4) Kelseyville Quadrangle— California. 1993. (c) * * * (15) Proceed east and then northeast approximately 0.4 mile along the unimproved road to the road’s intersection with State Highway 29/175, then proceed east along State Highway 29/175 to the intersection of the highway with the 1,720-foot elevation line located just west of the 1,758-foot benchmark (BM) in section 25, T13N, R9W (Kelseyville Quadrangle); then (16) Proceed northwest along the 1,720-foot elevation line to the common boundary line between sections 25 and 26, T13N, R9W; then (17) Proceed north along the common boundary line between sections 25 and 26, T13N, R9W, and then the common boundary line between sections 23 and 24, T13N, R9W, (partially concurrent with Wilkinson Road) to the intersection of the common section 23– 24 boundary line with the 1,600-foot elevation line (Kelseyville Quadrangle); then * * * * * ■ 3. Subpart C is amended by adding § 9.232 to read as follows: § 9.232 Executive Order 12866 PO 00000 PART 9—AMERICAN VITICULTURAL AREAS Big Valley District-Lake County. (a) Name. The name of the viticultural area described in this section is ‘‘Big Valley District-Lake County’’. For purposes of part 4 of this chapter, ‘‘Big Valley District-Lake County’’ is a term of viticultural significance. (b) Approved maps. The four United States Geological Survey (USGS) 1:24,000 scale topographic maps used to determine the boundary of the Big Valley District-Lake County viticultural area are titled: (1) Lucerne, CA, 1996; (2) Kelseyville, CA, 1993; (3) Highland Springs, CA, 1993; and (4) Lakeport, CA, 1958; photorevised 1978; minor revision 1994. (c) Boundary. The Big Valley DistrictLake County viticultural area is located in Lake County, California. The E:\FR\FM\02OCR1.SGM 02OCR1 sroberts on DSK5SPTVN1PROD with RULES Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations boundary of the Big Valley District-Lake County viticultural area is as described below: (1) The beginning point is on the Lucerne map at the point where Cole Creek flows into Clear Lake, section 36, T14N/R9W. From the beginning point, proceed southerly (upstream) along Cole Creek approximately 0.9 mile to the creek’s intersection with Soda Bay Road, section 1, T13N/R9W; then (2) Proceed east on Soda Bay Road less than 0.1 mile to the road’s intersection with the unnamed, lightduty road known locally as Clark Drive, section 1, T13N/R09W; then (3) Proceed southeast in a straight line less than 0.1 mile to the 1,400-foot elevation line, section 1, T13N/R9W; then (4) Proceed southerly along the 1,400foot elevation line, crossing onto the Kelseyville map, to the line’s intersection with a marked cemetery east of Kelseyville (in the northeast quadrant of section 14, T13N/R9W), and then continue along the 1,400-foot elevation line approximately 0.35 mile to the line’s intersection with an unnamed, unimproved road which runs north from Konocti Road, section 13, T13N/R9W; then (5) Proceed south-southeast along the unnamed, unimproved road to the road’s intersection with the improved portion of Konocti Road, section 13, T13N/R9W; then (6) Proceed west on Konocti Road approximately 0.9 mile to the road’s intersection with an unnamed, lightduty road within Kelseyville known locally as Main Street, section 14, T13N/ R9W; then (7) Proceed south-southeast on Main Street approximately 0.35 mile to its intersection with State Highway 29/175, section 14, T13N/R9W; then (8) Proceed west-northwest on State Highway 29/175 approximately 0.4 mile to the highway’s intersection with Kelsey Creek, section 14, T13N/R9W; then (9) Proceed northwesterly (downstream) along Kelsey Creek approximately 0.5 mile to the creek’s intersection with an unnamed, lightduty road known locally as Big Valley Road (or North Main Street), section 15, T13N/R9W; then (10) Proceed west and then northwest on Big Valley Road approximately 0.35 mile to the road’s intersection with Merritt Road, southern boundary of section 10, T13N/R9W; then (11) Proceed west on Merritt Road approximately 0.3 mile to the road’s intersection with the 1,400-foot elevation line, southern boundary of section 10, T13N/R9W; then VerDate Mar<15>2010 15:59 Oct 01, 2013 Jkt 232001 (12) Proceed northwesterly along the 1,400-foot elevation line to the line’s intersection with State Highway 29/175, section 9, T13N/R9W, and then continue southerly along the 1,400-foot elevation to the line’s intersection with Merritt Road, southern boundary of section 9, T13N/R9W; then (13) Proceed west on Merritt Road approximately 0.1 mile to the road’s intersection with Hill Creek, southern boundary of section 9, T13N/R9W; then (14) Proceed southerly (upstream) along Hill Creek approximately 0.9 mile to the creek’s intersection with Bell Hill Road, section 16, T13N/R9W; then (15) Proceed west then southwest on Bell Hill Road approximately 0.15 mile, passing the intersection of Bell Hill Road and Hummel Lane, to Bell Hill Road’s intersection with the 1,400-foot elevation line, section 16, T13N/R9W; then (16) Proceed westerly and then southwesterly along the meandering 1,400-foot elevation line, crossing onto the Highland Springs map, to the line’s first intersection with Bell Hill Road in section 20, T13N/R9W; then (17) Proceed west on the meandering Bell Hill Road, crossing Adobe Creek, to the road’s intersection with Highland Springs Road, section 30, T13N/R9W; then (18) Proceed north on Highland Springs Road approximately 2.8 miles to the road’s intersection with Mathews Road at the northwest corner of section 8, T13N/R9W; then (19) Proceed west on Mathews Road approximately 0.7 mile to the road’s intersection with an unnamed paved road known locally as Ackley Road, southern boundary of section 6, T13N/ R9W; then (20) Proceed north on Ackley Road approximately 0.9 mile, crossing onto the Lakeport map, to the road’s intersection with State Highway 29/175, section 6; T13N/R9W; then (21) Proceed due north-northeast in a straight line approximately 0.15 mile to the unnamed secondary highway known locally as Soda Bay Road, northern boundary of section 6, T13N/R9W; then (22) Proceed east on Soda Bay Road approximately 0.35 mile to the road’s intersection with Manning Creek, northern boundary of section 6, T13N/ R9W; then (23) Proceed northwesterly (downstream) along Manning Creek to the shore of Clear Lake, section 30, T14N/R9W; then (24) Proceed easterly along the meandering shore of Clear Lake, crossing onto the Lucerne map, to the beginning point. PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 60689 4. Subpart C is amended by adding § 9.233 to read as follows: ■ § 9.233 Kelsey Bench-Lake County. (a) Name. The name of the viticultural area described in this section is ‘‘Kelsey Bench-Lake County’’. For purposes of part 4 of this chapter, ‘‘Kelsey BenchLake County,’’ ‘‘Kelsey Bench,’’ and ‘‘Kelseyville Bench’’ are terms of viticultural significance. (b) Approved maps. The two United States Geological Survey (USGS) 1:24,000 scale topographic maps used to determine the boundary of the Kelsey Bench-Lake County viticultural area are titled: (1) Kelseyville, CA, 1993; and (2) Highland Springs, CA, 1993. (c) Boundary. The Kelsey Bench-Lake County viticultural area is located in Lake County, California. The boundary of the Kelsey Bench-Lake County viticultural area is as described below: (1) The beginning point is on the Kelseyville map within the town of Kelseyville at the intersection of Konocti Road and Main Street (not named on the map), section 14, T13N/ R9W. From the beginning point, proceed east on Konocti Road approximately 0.9 mile to the road’s 3way intersection with an unnamed, unimproved road to the south, section 13, T13N/R9W; then (2) Proceed south on the unnamed, unimproved road approximately 0.35 mile to a fork in the road, and continue on the eastern branch of the fork approximately 0.4 mile to the point where the road intersects a straight line drawn westward from the marked 2,493foot elevation point in section 19, T13N/ R9W, to the intersection of the 1,600foot elevation line and the eastern boundary of section 23, T13N/R9W (which is concurrent with Wilkerson Road); then (3) Proceed westerly along the straight line described in paragraph (c)(2) approximately 0.3 mile to the line’s western end at the intersection of the 1,600-foot elevation line and the eastern boundary of section 23, T13N/R9W; then (4) Proceed south along the eastern boundaries of sections 23 and 26, T13N/ R9W, approximately 0.8 mile to the first intersection of the eastern boundary of section 26 and the 1,720-foot elevation line; then (5) Proceed southeasterly along the 1,720-foot elevation line to the line’s intersection with State Highway 29/175, just west of BM 1758, section 25, T13N/ R9W; then (6) Proceed west on State Highway 29/175 approximately 0.15 mile to the highway’s intersection with an E:\FR\FM\02OCR1.SGM 02OCR1 sroberts on DSK5SPTVN1PROD with RULES 60690 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations unnamed, unimproved road, section 25, T13N/R9W; then (7) Proceed southwest then west on the unnamed, unimproved road approximately 0.4 mile to the road’s intersection with Cole Creek Road at Bottle Rock Road, section 25, T13N/ R9W; then (8) Proceed west on Cole Creek Road approximately 0.65 mile to the road’s intersection with an unnamed, lightduty road known locally as Live Oak Drive (at BM 1625), section 26, T13N/ R9W; then (9) Proceed northwest on Live Oak Drive to the road’s intersection with Gross Road (at BM 1423), section 26, T13N/R9W; then (10) Proceed south on Gross Road approximately 0.65 mile to the road’s intersection with the 1,600-foot elevation line, section 26, T13N/R9W; then (11) Proceed southerly along the meandering 1,600-foot elevation line to the line’s intersection with Sweetwater Creek section 10, T12N/R9W; then (12) Proceed due west in a straight line approximately 0.6 mile to the line’s first intersection with the 1,600-foot elevation after crossing Kelsey Creek, section 10, T12N/R9W; then (13) Proceed westerly and then northerly along the meandering 1,600foot elevation line to the line’s intersection with Kelsey Creek Drive, section 4, T12N/R9W; then (14) Proceed west on Kelsey Creek Drive and then Adobe Creek Drive, crossing onto the Highland Springs map, and continue north-northwest on Adobe Creek Drive, a total distance of approximately 3.25 miles, to the marked 1,439-foot elevation point in section 29, T13N/R9W; then (15) Proceed west-southwest in a straight line that passes through the marked 1,559-foot elevation point in section 29, T13N/R9W, and continue in the same direction to the line’s intersection with an unnamed, lightduty road known locally as East Highland Springs Road, a total distance of approximately 0.6 mile, section 30, T13N, R9W; then (16) Proceed north on East Highland Springs Road approximately 0.5 mile, to the road’s intersection with an unnamed road in the northeast quadrant of section 30, T13N/R9W; then (17) Proceed northwest on the unnamed road to the road’s end point, then continue due north-northwest in a straight line, a total distance of approximately 0.3 mile, to the line’s intersection with the southern boundary of section 19, T13N/R9W; then (18) Proceed west along the southern boundary of section 19, T13N/R9W, VerDate Mar<15>2010 15:59 Oct 01, 2013 Jkt 232001 approximately 0.5 mile to the section’s southwest corner; then (19) Proceed north along the western boundary of section 19, T13N/R9W, approximately 0.3 mile to the section line’s seventh intersection with the 1,600-foot elevation line; then (20) Proceed westerly, northwesterly, and then easterly along the meandering 1,600-foot elevation line to the line’s second intersection with the northern boundary of section 19, T13N/R9W; then (21) Proceed east along the northern boundary of section 19, T13N/R9W, approximately 0.35 mile to the section boundary’s intersection with an unnamed road known locally as Fritch Road; then (22) Proceed east on Fritch Road approximately 0.4 mile to the road’s intersection with Highland Springs Road, section 18, T13N/R9W; then (23) Proceed south on Highland Springs Road approximately 0.8 mile to the road’s intersection with Bell Hill Road, section 19, T13N/R9W; then (24) Proceed eastward on the meandering Bell Hill Road approximately 1.4 miles to the road’s last intersection with the 1,400-foot elevation line in section 20, T13N/R9W; then (25) Proceed northeasterly along the 1,400-foot elevation line, crossing onto the Kelseyville map, to the line’s first intersection with Bell Hill Road in the southeast quadrant of section 16, T13N/ R9W; then (26) Proceed northeast and then east on Bell Hill Road approximately 0.15 mile to the road’s intersection with Hill Creek, section 16, T13N/R9W; then (27) Proceed northerly (downstream) along Hill Creek approximately 0.9 mile to the creek’s intersection with Merritt Road, section 16, T13N/R9W; then (28) Proceed east on Merritt Road approximately 0.1 mile to the road’s intersection with the 1,400-foot elevation line, northern boundary of section 16, T13N/R9W; then (29) Proceed northerly along the 1,400-foot elevation line approximately 0.2 mile to State Highway 29/175, section 9, T13N/R9W, and then continue northerly and then southeasterly along the 1,400-foot elevation line approximately 0.5 mile to the line’s intersection with Merritt Road, northern boundary of section 15, T13N/R9W; then (30) Proceed east on Merritt Road approximately 0.3 mile to the road’s intersection with an unnamed road known locally as Big Valley Road (or North Main Street), northern boundary of section 15, T13N/R9W; then PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 (31) Proceed south then east on Big Valley Road (North Main Street) approximately 0.35 mile to the road’s intersection with Kelsey Creek, section 15, T13N/R9W; then (32) Proceed southerly (upstream) along Kelsey Creek approximately 0.5 mile to the creek’s intersection with State Highway 29/175, section 14, T13N/R9W; then (33) Proceed southeast on State Highway 29/175 approximately 0.4 mile, crossing Live Oak Drive, to the highway’s intersection with an unnamed road known locally as Main Street, section 14, T13N/R9W; then (34) Proceed north on Main Street approximately 0.3 mile, returning to the beginning point. Signed: July 25, 2013. John J. Manfreda, Administrator. Approved: September 25, 2013. Timothy E. Skud, Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy). [FR Doc. 2013–23939 Filed 10–1–13; 8:45 am] BILLING CODE 4810–31–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [Docket No. TTB–2013–0002; T.D. TTB–117; Ref: Notice No. 133] RIN 1513–AC00 Establishment of the Moon Mountain District Sonoma County Viticultural Area Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Final rule; Treasury Decision. AGENCY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 17,633-acre ‘‘Moon Mountain District Sonoma County’’ viticultural area in Sonoma County, California. The viticultural area lies entirely within the larger Sonoma Valley viticultural area and the multicounty North Coast viticultural area. 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 November 1, 2013. FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco SUMMARY: E:\FR\FM\02OCR1.SGM 02OCR1

Agencies

[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60686-60690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23939]


=======================================================================
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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2013-0003; T.D. TTB-118; Ref: Notice No. 134]
RIN 1513-AB99


Establishment of the Big Valley District-Lake County and Kelsey 
Bench-Lake County Viticultural Areas and Modification of the Red Hills 
Lake County Viticultural Area

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

ACTION: Final rule; Treasury Decision.

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

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes 
the approximately 11,000-acre ``Big Valley District-Lake County'' 
viticultural area and the approximately 9,100-acre ``Kelsey Bench-Lake 
County'' viticultural area, both in Lake County, California. 
Additionally, TTB modifies the boundary of the established 31,250-acre 
Red Hills Lake County viticultural area in order to align a portion of 
its border with that of the proposed Kelsey Bench-Lake County 
viticultural area. The proposed viticultural areas and the established 
viticultural area lie entirely within the larger Clear Lake 
viticultural area and the multicounty North Coast viticultural area. 
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 November 1, 2013.

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 
January 21, 2003, 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) 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) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas and lists 
the approved American 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 having distinguishing features as described in part 9 of 
the regulations and a name 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 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.

Requirements

    Section 4.25(e)(2) of the TTB regulations outlines the procedure 
for proposing an American viticultural area

[[Page 60687]]

and provides that any interested party may petition TTB to establish a 
grape-growing region as a viticultural area. Section 9.12 of the TTB 
regulations (27 CFR 9.12) prescribes standards for petitions for the 
establishment of American viticultural areas. Petitions to establish a 
viticultural area must include the following:
     Evidence that the area within the proposed viticultural 
area boundary is nationally or locally known by the viticultural area 
name specified in the petition;
     An explanation of the basis for defining the boundary of 
the proposed viticultural area;
     A narrative description of the features of the proposed 
viticultural area that affect viticulture, such as climate, geology, 
soils, physical features, and elevation, that make the proposed 
viticultural area distinctive and distinguish it from adjacent areas 
outside the proposed viticultural area boundary;
     A copy of the appropriate United States Geological Survey 
(USGS) map(s) showing the location of the proposed viticultural area, 
with the boundary of the proposed viticultural area clearly drawn 
thereon; and
     A detailed narrative description of the proposed 
viticultural area boundary based on USGS map markings.

Big Valley District-Lake County and Kelsey Bench-Lake County Petitions

    TTB received two petitions from Terry Dereniuck on behalf of the 
Big Valley District and Kelsey Bench Growers Committee proposing the 
establishment of the ``Big Valley District-Lake County'' and ``Kelsey 
Bench-Lake County'' American viticultural areas within Lake County, 
California. The proposed Big Valley District-Lake County viticultural 
area has 6 bonded wineries and 43 vineyards containing approximately 
1,800 acres of wine grapes. The proposed Kelsey Bench-Lake County 
viticultural area has 1 bonded winery and 27 vineyards containing 
approximately 900 acres of wine grapes. Because the two petitions were 
submitted simultaneously and the two proposed viticultural areas share 
a common boundary, TTB is combining both proposals into a single 
rulemaking document.
    The proposed Big Valley District-Lake County and Kelsey Bench-Lake 
County viticultural areas are located in central Lake County, 
California. The two proposed viticultural areas are bordered by Mount 
Konocti and the Red Hills to the east and by the Mayacmas Mountains to 
the west and south. The two proposed viticultural areas lie entirely 
within the existing Clear Lake viticultural area (27 CFR 9.99) which, 
in turn, lies within the multicounty North Coast viticultural area (27 
CFR 9.30).
    The proposed Big Valley District-Lake County viticultural area is 
located on the southern shore of Clear Lake. The proposed Kelsey Bench-
Lake County viticultural area is adjacent to the southern boundary of 
the proposed Big Valley District-Lake County viticultural area. TTB 
notes that this shared proposed boundary line splits two vineyards 
between the two proposed viticultural areas. However, the petition 
included letters from both vineyard owners stating their understanding 
of the split and their support for the establishment of both of the 
proposed viticultural areas. The letters were included in the 
rulemaking docket.
    The petitioner also requested a modification of a small portion of 
the western boundary of the established ``Red Hills Lake County'' 
viticultural area (27 CFR 9.169), to align it with the eastern boundary 
of the proposed Kelsey Bench-Lake County viticultural area using 
features identifiable on the newest version of the Kelseyville USGS 
quadrangle map. The proposed modification would increase the size of 
the Red Hills Lake County viticultural area by approximately 7 acres. 
Before the comment period opened, the petitioner provided, as an 
addendum to the petition, letters from a representative of the Red 
Hills Lake County growers committee and a vineyard owner whose property 
is within the Red Hills Lake County viticultural area and near the 
region of the proposed boundary modification. Both letters supported 
the proposed boundary modification and were included in the rulemaking 
docket.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 134 in the Federal Register on April 5, 
2013 (78 FR 20544), proposing to establish the Big Valley District-Lake 
County and Kelsey Bench-Lake County viticultural areas and to modify 
the boundary of the established Red Hills Lake County viticultural 
area. In the notice, TTB summarized the evidence from the petition 
regarding the name, boundary, and distinguishing features for the 
proposed viticultural areas. The distinguishing features of the 
proposed viticultural areas include geology, soils, climate, and 
topography. The notice also compared the distinguishing features of the 
proposed viticultural areas to the surrounding areas. For a description 
of the evidence relating to the name, boundary, and distinguishing 
features of the proposed viticultural areas and a comparison of the 
distinguishing features of the proposed viticultural areas to the 
surrounding areas, see Notice No. 134.
    In Notice No. 134, TTB solicited comments on the accuracy of the 
name, boundary, climatic, and other required information submitted in 
support of the petitions. In addition, given the proposed viticultural 
areas' locations within the existing Clear Lake and North Coast 
viticultural areas, TTB solicited comments on whether the evidence 
submitted in the petitions regarding the distinguishing features of the 
proposed viticultural areas sufficiently differentiates the proposed 
viticultural areas from the two existing viticultural areas. TTB also 
asked for comments on whether the geographical features of the proposed 
viticultural areas are so distinguishable from the surrounding Clear 
Lake or North Coast viticultural areas that the proposed Big Valley 
District-Lake County and Kelsey Bench-Lake County viticultural areas 
should no longer be part of the two existing viticultural areas. 
Finally, TTB asked for comments on whether the boundary of the 
established Red Hills Lake County viticultural area should be modified 
to align with the proposed Kelsey Bench-Lake County viticultural area 
boundary using features identifiable on the latest version of the 
Kelseyville USGS map quadrangle. The comment period closed on June 4, 
2013. TTB received no comments in response to Notice No. 134.

TTB Determination

    After careful review of the petition and the letters submitted with 
the petition in support of the two proposed AVAs, TTB finds that the 
evidence provided by the petitioner supports the establishment of the 
approximately 11,000-acre Big Valley District-Lake County viticultural 
area and the 9,100-acre Kelsey Bench-Lake County viticultural area. 
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 
establishes the ``Big Valley District-Lake County'' viticultural area 
and the ``Kelsey Bench-Lake County'' viticultural area in Lake County, 
California, effective 30 days from the publication date of this 
document. TTB also determines that the land within the Big Valley 
District-Lake County viticultural area and the Kelsey Bench-Lake County 
viticultural area will remain part of both the Clear Lake and North 
Coast viticultural areas. Finally, TTB determines that the boundary of

[[Page 60688]]

the Red Hills Lake County viticultural area will be modified as 
proposed.

Boundary Description

    See the narrative boundary description of the viticultural areas 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.

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. With the establishment of these two viticultural 
areas, their names, ``Big Valley District-Lake County'' and ``Kelsey 
Bench-Lake County,'' will be recognized as names of viticultural 
significance under 27 CFR 4.39(i)(3). TTB has also determined that the 
terms ``Kelsey Bench'' and ``Kelseyville Bench'' both have viticultural 
significance in relation to the Kelsey Bench-Lake County viticultural 
area. The text of the regulation clarifies these points. Once this 
final rule becomes effective, wine bottlers using the names ``Big 
Valley District-Lake County,'' ``Kelsey Bench-Lake County,'' ``Kelsey 
Bench,'' or ``Kelseyville Bench'' in a brand name, including a 
trademark, or in another label reference as to the origin of the wine, 
will have to ensure that the product is eligible to use the 
viticultural area name as an appellation of origin.
    The establishment of the Big Valley District-Lake County 
viticultural area and the Kelsey Bench-Lake County viticultural area 
will not affect any existing viticultural area, and any bottlers using 
``Clear Lake'' or ``North Coast'' as an appellation of origin or in a 
brand name for wines made from grapes grown within the Clear Lake or 
North Coast viticultural areas will not be affected by the 
establishment of these new viticultural areas. The establishment of the 
Big Valley District-Lake County viticultural area will allow vintners 
to use ``Big Valley District-Lake County,'' ``Clear Lake,'' and ``North 
Coast'' as appellations of origin for wines made from grapes grown 
within the Big Valley District-Lake County viticultural area if the 
wines meet the eligibility requirements for the appellation. 
Additionally, the establishment of the Kelsey Bench-Lake County 
viticultural area will allow vintners to use ``Kelsey Bench-Lake 
County,'' ``Clear Lake,'' and ``North Coast'' as appellations of origin 
for wines made from grapes grown within the Kelsey Bench-Lake County 
viticultural area.
    For a wine to be labeled with a viticultural area name or other 
term identified as being viticulturally significant in part 9 of the 
TTB regulations or with a brand name that includes a viticultural area 
name or other viticulturally significant term, at least 85 percent of 
the wine must be derived from grapes grown within the area represented 
by that name or term, and the wine must meet the other conditions 
listed in 27 CFR 4.25(e)(3). If the wine is not eligible for labeling 
with a viticultural area name or other viticulturally significant term 
and that name or term 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 viticultural area name or 
other viticulturally significant term 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 a 
viticultural area name or other term of viticultural significance 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

    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 a 
viticultural area 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

    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 9.169 is amended by revising paragraphs (b)(4), (c)(15), 
(c)(16), and (c)(17) to read as follows:


Sec.  9.169  Red Hills Lake County.

* * * * *
    (b) * * *
    (4) Kelseyville Quadrangle--California. 1993.
    (c) * * *
    (15) Proceed east and then northeast approximately 0.4 mile along 
the unimproved road to the road's intersection with State Highway 29/
175, then proceed east along State Highway 29/175 to the intersection 
of the highway with the 1,720-foot elevation line located just west of 
the 1,758-foot benchmark (BM) in section 25, T13N, R9W (Kelseyville 
Quadrangle); then
    (16) Proceed northwest along the 1,720-foot elevation line to the 
common boundary line between sections 25 and 26, T13N, R9W; then
    (17) Proceed north along the common boundary line between sections 
25 and 26, T13N, R9W, and then the common boundary line between 
sections 23 and 24, T13N, R9W, (partially concurrent with Wilkinson 
Road) to the intersection of the common section 23-24 boundary line 
with the 1,600-foot elevation line (Kelseyville Quadrangle); then
* * * * *

0
3. Subpart C is amended by adding Sec.  9.232 to read as follows:


Sec.  9.232  Big Valley District-Lake County.

    (a) Name. The name of the viticultural area described in this 
section is ``Big Valley District-Lake County''. For purposes of part 4 
of this chapter, ``Big Valley District-Lake County'' is a term of 
viticultural significance.
    (b) Approved maps. The four United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Big Valley District-Lake County viticultural area are titled:
    (1) Lucerne, CA, 1996;
    (2) Kelseyville, CA, 1993;
    (3) Highland Springs, CA, 1993; and
    (4) Lakeport, CA, 1958; photorevised 1978; minor revision 1994.
    (c) Boundary. The Big Valley District-Lake County viticultural area 
is located in Lake County, California. The

[[Page 60689]]

boundary of the Big Valley District-Lake County viticultural area is as 
described below:
    (1) The beginning point is on the Lucerne map at the point where 
Cole Creek flows into Clear Lake, section 36, T14N/R9W. From the 
beginning point, proceed southerly (upstream) along Cole Creek 
approximately 0.9 mile to the creek's intersection with Soda Bay Road, 
section 1, T13N/R9W; then
    (2) Proceed east on Soda Bay Road less than 0.1 mile to the road's 
intersection with the unnamed, light-duty road known locally as Clark 
Drive, section 1, T13N/R09W; then
    (3) Proceed southeast in a straight line less than 0.1 mile to the 
1,400-foot elevation line, section 1, T13N/R9W; then
    (4) Proceed southerly along the 1,400-foot elevation line, crossing 
onto the Kelseyville map, to the line's intersection with a marked 
cemetery east of Kelseyville (in the northeast quadrant of section 14, 
T13N/R9W), and then continue along the 1,400-foot elevation line 
approximately 0.35 mile to the line's intersection with an unnamed, 
unimproved road which runs north from Konocti Road, section 13, T13N/
R9W; then
    (5) Proceed south-southeast along the unnamed, unimproved road to 
the road's intersection with the improved portion of Konocti Road, 
section 13, T13N/R9W; then
    (6) Proceed west on Konocti Road approximately 0.9 mile to the 
road's intersection with an unnamed, light-duty road within Kelseyville 
known locally as Main Street, section 14, T13N/R9W; then
    (7) Proceed south-southeast on Main Street approximately 0.35 mile 
to its intersection with State Highway 29/175, section 14, T13N/R9W; 
then
    (8) Proceed west-northwest on State Highway 29/175 approximately 
0.4 mile to the highway's intersection with Kelsey Creek, section 14, 
T13N/R9W; then
    (9) Proceed northwesterly (downstream) along Kelsey Creek 
approximately 0.5 mile to the creek's intersection with an unnamed, 
light-duty road known locally as Big Valley Road (or North Main 
Street), section 15, T13N/R9W; then
    (10) Proceed west and then northwest on Big Valley Road 
approximately 0.35 mile to the road's intersection with Merritt Road, 
southern boundary of section 10, T13N/R9W; then
    (11) Proceed west on Merritt Road approximately 0.3 mile to the 
road's intersection with the 1,400-foot elevation line, southern 
boundary of section 10, T13N/R9W; then
    (12) Proceed northwesterly along the 1,400-foot elevation line to 
the line's intersection with State Highway 29/175, section 9, T13N/R9W, 
and then continue southerly along the 1,400-foot elevation to the 
line's intersection with Merritt Road, southern boundary of section 9, 
T13N/R9W; then
    (13) Proceed west on Merritt Road approximately 0.1 mile to the 
road's intersection with Hill Creek, southern boundary of section 9, 
T13N/R9W; then
    (14) Proceed southerly (upstream) along Hill Creek approximately 
0.9 mile to the creek's intersection with Bell Hill Road, section 16, 
T13N/R9W; then
    (15) Proceed west then southwest on Bell Hill Road approximately 
0.15 mile, passing the intersection of Bell Hill Road and Hummel Lane, 
to Bell Hill Road's intersection with the 1,400-foot elevation line, 
section 16, T13N/R9W; then
    (16) Proceed westerly and then southwesterly along the meandering 
1,400-foot elevation line, crossing onto the Highland Springs map, to 
the line's first intersection with Bell Hill Road in section 20, T13N/
R9W; then
    (17) Proceed west on the meandering Bell Hill Road, crossing Adobe 
Creek, to the road's intersection with Highland Springs Road, section 
30, T13N/R9W; then
    (18) Proceed north on Highland Springs Road approximately 2.8 miles 
to the road's intersection with Mathews Road at the northwest corner of 
section 8, T13N/R9W; then
    (19) Proceed west on Mathews Road approximately 0.7 mile to the 
road's intersection with an unnamed paved road known locally as Ackley 
Road, southern boundary of section 6, T13N/R9W; then
    (20) Proceed north on Ackley Road approximately 0.9 mile, crossing 
onto the Lakeport map, to the road's intersection with State Highway 
29/175, section 6; T13N/R9W; then
    (21) Proceed due north-northeast in a straight line approximately 
0.15 mile to the unnamed secondary highway known locally as Soda Bay 
Road, northern boundary of section 6, T13N/R9W; then
    (22) Proceed east on Soda Bay Road approximately 0.35 mile to the 
road's intersection with Manning Creek, northern boundary of section 6, 
T13N/R9W; then
    (23) Proceed northwesterly (downstream) along Manning Creek to the 
shore of Clear Lake, section 30, T14N/R9W; then
    (24) Proceed easterly along the meandering shore of Clear Lake, 
crossing onto the Lucerne map, to the beginning point.
0
4. Subpart C is amended by adding Sec.  9.233 to read as follows:


Sec.  9.233  Kelsey Bench-Lake County.

    (a) Name. The name of the viticultural area described in this 
section is ``Kelsey Bench-Lake County''. For purposes of part 4 of this 
chapter, ``Kelsey Bench-Lake County,'' ``Kelsey Bench,'' and 
``Kelseyville Bench'' are terms of viticultural significance.
    (b) Approved maps. The two United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Kelsey Bench-Lake County viticultural area are titled:
    (1) Kelseyville, CA, 1993; and
    (2) Highland Springs, CA, 1993.
    (c) Boundary. The Kelsey Bench-Lake County viticultural area is 
located in Lake County, California. The boundary of the Kelsey Bench-
Lake County viticultural area is as described below:
    (1) The beginning point is on the Kelseyville map within the town 
of Kelseyville at the intersection of Konocti Road and Main Street (not 
named on the map), section 14, T13N/R9W. From the beginning point, 
proceed east on Konocti Road approximately 0.9 mile to the road's 3-way 
intersection with an unnamed, unimproved road to the south, section 13, 
T13N/R9W; then
    (2) Proceed south on the unnamed, unimproved road approximately 
0.35 mile to a fork in the road, and continue on the eastern branch of 
the fork approximately 0.4 mile to the point where the road intersects 
a straight line drawn westward from the marked 2,493-foot elevation 
point in section 19, T13N/R9W, to the intersection of the 1,600-foot 
elevation line and the eastern boundary of section 23, T13N/R9W (which 
is concurrent with Wilkerson Road); then
    (3) Proceed westerly along the straight line described in paragraph 
(c)(2) approximately 0.3 mile to the line's western end at the 
intersection of the 1,600-foot elevation line and the eastern boundary 
of section 23, T13N/R9W; then
    (4) Proceed south along the eastern boundaries of sections 23 and 
26, T13N/R9W, approximately 0.8 mile to the first intersection of the 
eastern boundary of section 26 and the 1,720-foot elevation line; then
    (5) Proceed southeasterly along the 1,720-foot elevation line to 
the line's intersection with State Highway 29/175, just west of BM 
1758, section 25, T13N/R9W; then
    (6) Proceed west on State Highway 29/175 approximately 0.15 mile to 
the highway's intersection with an

[[Page 60690]]

unnamed, unimproved road, section 25, T13N/R9W; then
    (7) Proceed southwest then west on the unnamed, unimproved road 
approximately 0.4 mile to the road's intersection with Cole Creek Road 
at Bottle Rock Road, section 25, T13N/R9W; then
    (8) Proceed west on Cole Creek Road approximately 0.65 mile to the 
road's intersection with an unnamed, light-duty road known locally as 
Live Oak Drive (at BM 1625), section 26, T13N/R9W; then
    (9) Proceed northwest on Live Oak Drive to the road's intersection 
with Gross Road (at BM 1423), section 26, T13N/R9W; then
    (10) Proceed south on Gross Road approximately 0.65 mile to the 
road's intersection with the 1,600-foot elevation line, section 26, 
T13N/R9W; then
    (11) Proceed southerly along the meandering 1,600-foot elevation 
line to the line's intersection with Sweetwater Creek section 10, T12N/
R9W; then
    (12) Proceed due west in a straight line approximately 0.6 mile to 
the line's first intersection with the 1,600-foot elevation after 
crossing Kelsey Creek, section 10, T12N/R9W; then
    (13) Proceed westerly and then northerly along the meandering 
1,600-foot elevation line to the line's intersection with Kelsey Creek 
Drive, section 4, T12N/R9W; then
    (14) Proceed west on Kelsey Creek Drive and then Adobe Creek Drive, 
crossing onto the Highland Springs map, and continue north-northwest on 
Adobe Creek Drive, a total distance of approximately 3.25 miles, to the 
marked 1,439-foot elevation point in section 29, T13N/R9W; then
    (15) Proceed west-southwest in a straight line that passes through 
the marked 1,559-foot elevation point in section 29, T13N/R9W, and 
continue in the same direction to the line's intersection with an 
unnamed, light-duty road known locally as East Highland Springs Road, a 
total distance of approximately 0.6 mile, section 30, T13N, R9W; then
    (16) Proceed north on East Highland Springs Road approximately 0.5 
mile, to the road's intersection with an unnamed road in the northeast 
quadrant of section 30, T13N/R9W; then
    (17) Proceed northwest on the unnamed road to the road's end point, 
then continue due north-northwest in a straight line, a total distance 
of approximately 0.3 mile, to the line's intersection with the southern 
boundary of section 19, T13N/R9W; then
    (18) Proceed west along the southern boundary of section 19, T13N/
R9W, approximately 0.5 mile to the section's southwest corner; then
    (19) Proceed north along the western boundary of section 19, T13N/
R9W, approximately 0.3 mile to the section line's seventh intersection 
with the 1,600-foot elevation line; then
    (20) Proceed westerly, northwesterly, and then easterly along the 
meandering 1,600-foot elevation line to the line's second intersection 
with the northern boundary of section 19, T13N/R9W; then
    (21) Proceed east along the northern boundary of section 19, T13N/
R9W, approximately 0.35 mile to the section boundary's intersection 
with an unnamed road known locally as Fritch Road; then
    (22) Proceed east on Fritch Road approximately 0.4 mile to the 
road's intersection with Highland Springs Road, section 18, T13N/R9W; 
then
    (23) Proceed south on Highland Springs Road approximately 0.8 mile 
to the road's intersection with Bell Hill Road, section 19, T13N/R9W; 
then
    (24) Proceed eastward on the meandering Bell Hill Road 
approximately 1.4 miles to the road's last intersection with the 1,400-
foot elevation line in section 20, T13N/R9W; then
    (25) Proceed northeasterly along the 1,400-foot elevation line, 
crossing onto the Kelseyville map, to the line's first intersection 
with Bell Hill Road in the southeast quadrant of section 16, T13N/R9W; 
then
    (26) Proceed northeast and then east on Bell Hill Road 
approximately 0.15 mile to the road's intersection with Hill Creek, 
section 16, T13N/R9W; then
    (27) Proceed northerly (downstream) along Hill Creek approximately 
0.9 mile to the creek's intersection with Merritt Road, section 16, 
T13N/R9W; then
    (28) Proceed east on Merritt Road approximately 0.1 mile to the 
road's intersection with the 1,400-foot elevation line, northern 
boundary of section 16, T13N/R9W; then
    (29) Proceed northerly along the 1,400-foot elevation line 
approximately 0.2 mile to State Highway 29/175, section 9, T13N/R9W, 
and then continue northerly and then southeasterly along the 1,400-foot 
elevation line approximately 0.5 mile to the line's intersection with 
Merritt Road, northern boundary of section 15, T13N/R9W; then
    (30) Proceed east on Merritt Road approximately 0.3 mile to the 
road's intersection with an unnamed road known locally as Big Valley 
Road (or North Main Street), northern boundary of section 15, T13N/R9W; 
then
    (31) Proceed south then east on Big Valley Road (North Main Street) 
approximately 0.35 mile to the road's intersection with Kelsey Creek, 
section 15, T13N/R9W; then
    (32) Proceed southerly (upstream) along Kelsey Creek approximately 
0.5 mile to the creek's intersection with State Highway 29/175, section 
14, T13N/R9W; then
    (33) Proceed southeast on State Highway 29/175 approximately 0.4 
mile, crossing Live Oak Drive, to the highway's intersection with an 
unnamed road known locally as Main Street, section 14, T13N/R9W; then
    (34) Proceed north on Main Street approximately 0.3 mile, returning 
to the beginning point.

    Signed: July 25, 2013.
John J. Manfreda,
Administrator.
    Approved: September 25, 2013.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2013-23939 Filed 10-1-13; 8:45 am]
BILLING CODE 4810-31-P

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