Proposed Expansion of the Outer Coastal Plain Viticultural Area, 64368-64372 [2016-22635]
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Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules
Title: Ownership Reports and Trading
by Officers, Directors and Principal
Security Holders.
Citation: 17 CFR 229.405; 17 CFR
240.16b–3; and 17 CFR 240.16b–7.
Authority: 15 U.S.C. 77c, 77d, 77e,
77f, 77g, 77h, 77j, 77k, 77s, 77z–2, 77z–
3, 77aa(25),77aa(26), 77ddd, 77eee,
77ggg, 77hhh, 77iii, 77jjj, 77nnn, 77sss,
77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j,
78j–1, 78k, 78k–1, 78l, 78m,78n, 78o,
78p, 78q, 78s, 78u–5, 78w, 78x, 78ll,
78mm, 79e, 79j, 79n, 79q, 79t, 80a–8,
80a–9, 80a–20, 80a–23, 80a–29, 80a–30,
80a–31(c), 80a–37, 80a–38(a), 80a–39,
80b–3, 80b–4, 80b–11, and 7201 et seq.;
and 18 U.S.C. 1350.
Description: The Commission adopted
amendments to two rules that exempt
certain transactions from the private
right of action to recover short-swing
profit provided by Section 16(b) of the
Exchange Act. The amendments were
intended to clarify the exemptive scope
of these rules, consistent with
statements in previous Commission
releases. The Commission also amended
Item 405 of Regulation S–K to
harmonize this item with the twobusiness day Form 4 due date and
mandated electronic filing and Web site
posting of Section 16 reports.
Prior Commission Determination
Under 5 U.S.C. 601: A Final Regulatory
Flexibility Analysis was prepared in
accordance with 5 U.S.C. 604 in
conjunction with the Commission’s
adoption of Release No. 33–8600 (Aug.
3, 2005). The Commission considered
comments received on the Initial
Regulatory Flexibility Analysis in the
proposing release, Release No. 34–49895
(June 21, 2004), at that time.
*
*
*
*
*
Title: Revisions to Accelerated Filer
Definition and Accelerated Deadlines
for Filing Periodic Reports.
Citation: 17 CFR 210.3–01; 17 CFR
210.3–09; 17 CFR 210.3–12; 17 CFR
229.101; 17 CFR 240.12b–2; 17 CFR
240.13a–10; 17 CFR 240.15d–10; 17 CFR
249.308a; 17 CFR 249.310; and 17 CFR
249.220f.
Authority: 15 U.S.C. 77c, 77d, 77e,
77f, 77g, 77h, 77j, 77k, 77s, 77z–2, 77z–
3, 77aa(25), 77aa(26), 77ddd, 77eee,
77ggg, 77hhh, 77iii, 77jjj, 77nnn, 77sss,
77ttt, 78a, 78c, 78d, 78e, 78f, 78g, 78i,
78j, 78j–1, 78k, 78k–1, 78l, 78m, 78n,
78o, 78o(d), 78q, 78s, 78u–5, 78w,
78w(a), 78x, 78ll, 78mm, 79e, 79e(b),
79j, 79j(a), 79n, 79q, 79t, 79t(a), 80a–8,
80a–9, 80a–20, 80a–23, 80a–29, 80a–30,
80a–31, 80a–31(c), 80a–37, 80a–37(a),
80a–38(a), 80a–39, 80b–3, 80b–4, 80b–
11, 7201, 7202, 7262; and 18 U.S.C.
1350.
Description: The Commission adopted
amendments to the accelerated filing
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deadlines that apply to periodic reports
so that a ‘‘large accelerated filer’’ (an
Exchange Act reporting company with a
worldwide market value of outstanding
voting and non-voting common equity
held by non-affiliates of $700 million or
more) became subject to a 60-day Form
10–K annual report filing deadline,
beginning with the annual report filed
for its first fiscal year ending on or after
December 15, 2006. Prior to that date,
large accelerated filers were subject to a
75-day annual report deadline. Under
the amendments, accelerated filers and
large accelerated filers continue to be
required to file their Form 10–Q
quarterly reports under a 40-day
deadline, rather than the 35-day
deadline that was scheduled to apply
under the previously existing rules.
Further, the amendments revise the
definition of the term ‘‘accelerated filer’’
to permit an accelerated filer that has
voting and non-voting common equity
held by non-affiliates of less than $50
million to exit accelerated filer status at
the end of the fiscal year in which its
equity falls below $50 million and to
file its annual report for that year and
subsequent periodic reports on a nonaccelerated basis. Finally, the
amendments permit a large accelerated
filer that has voting and non-voting
common equity held by non-affiliates of
less than $500 million to exit large
accelerated filer status at the end of the
fiscal year in which its equity falls
below $500 million and to file its
annual report for that year and
subsequent periodic reports as an
accelerated filer, or a non-accelerated
filer, as appropriate.
Prior Commission Determination
Under 5 U.S.C. 601: A Final Regulatory
Flexibility Analysis was prepared in
accordance with 5 U.S.C. 604 in
conjunction with the Commission’s
adoption of Release No. 33–8644 (Dec.
21, 2005). The Commission considered
comments received on the Initial
Regulatory Flexibility Analysis in the
proposing release, Release No. 33–8617
(Sept. 22, 2005), at that time.
By the Commission.
Dated: September 15, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016–22563 Filed 9–19–16; 8:45 am]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2016–0008; Notice No.
162]
RIN 1513–AC32
Proposed Expansion of the Outer
Coastal Plain Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
expand the approximately 2.25 millionacre ‘‘Outer Coastal Plain’’ viticultural
area in southeastern New Jersey by
approximately 32,932 acres. The
established Outer Coastal Plain
viticultural area and the proposed
expansion area do not lie within any
other 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. TTB
invites comments on this proposed
addition to its regulations.
DATES: Comments must be received by
November 21, 2016.
ADDRESSES: Please send your comments
on this notice to one of the following
addresses:
• Internet: https://www.regulations.gov
(via the online comment form for this
notice as posted within Docket No.
TTB–2016–0008 at ‘‘Regulations.gov,’’
the Federal e-rulemaking portal);
• U.S. Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Suite
400, Washington, DC 20005.
See the Public Participation section of
this notice for specific instructions and
requirements for submitting comments,
and for information on how to request
a public hearing or view or obtain
copies of the petition and supporting
materials.
SUMMARY:
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:
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Background on Viticultural Areas
Requirements
TTB Authority
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing the
establishment of 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 procedures to request changes
involving existing 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 region 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
affecting 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.
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, dated
December 10, 2013 (superseding
Treasury Order 120–01, dated January
24, 2003), to the TTB Administrator to
perform the functions and duties in the
administration and enforcement of these
laws.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes TTB to establish
definitive viticultural areas and regulate
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 American viticultural
areas.
sradovich on DSK3GMQ082PROD with PROPOSALS
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 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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Petition To Expand the Outer Coastal
Plain AVA
TTB received a petition from John and
Jan Giunco, owners of 4JG’s Orchards
and Vineyards in Colts Neck, New
Jersey, proposing to expand the
established ‘‘Outer Coastal Plain’’ AVA
in southeastern New Jersey. The Outer
Coastal Plain AVA (27 CFR 9.207) was
established by T.D. TTB–58, which
published in the Federal Register on
February 9, 2007 (72 FR 6165). The
Outer Coastal Plain AVA covers
approximately 2.25 million acres in
Atlantic, Burlington, Camden, Cape
May, Cumberland, Gloucester,
Monmouth, Ocean, and Salem Counties,
New Jersey. The Outer Coastal Plain
AVA and the proposed expansion area
are not located within any other AVA.
The proposed expansion area is
located in Monmouth County, adjacent
to the western edge of the existing Outer
Coastal Plain AVA boundary, and
covers approximately 32,932 acres. One
commercial vineyard covering a total of
30 acres is located within the proposed
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expansion area. The vineyard also has
its own winery. The vineyard and the
winery both existed at the time the
Outer Coastal Plain AVA was
established in 2007. The petitioners for
the expansion of the AVA claim that
when the AVA was established, the
region of the proposed expansion was
intended to be included in the AVA but
was inadvertently omitted. The
petitioners state that they only recently
learned that they are not within the
AVA’s boundaries. The petition
includes a letter from the current
president of the Outer Coastal Plain
Vineyard Association stating that the
petitioners are vineyard owners who
have been members of that Association
since 2006. The letter also states that the
association supports the proposed
expansion.
According to the petition, the soils,
elevation, and climate of the proposed
expansion area are similar to those of
the established AVA. Unless otherwise
noted, all information and data
pertaining to the proposed expansion
area contained in this document come
from the petition and its supporting
exhibits.
Name Evidence
T.D. TTB–58, which established the
Outer Coastal Plain AVA, states that
New Jersey has five defined
physiographic regions, and the
physiographic region in which the
established AVA is located is called the
‘‘Outer Coastal Plain.’’ The expansion
petition includes several items that
directly associate the proposed
expansion area with the Outer Coastal
Plain region. A Web site dedicated to
the botany of New York, New Jersey,
and Connecticut features a listing of
recreational areas titled ‘‘New Jersey
Natural Areas: Outer Coastal Plain.’’ 1
Included on this list are parks within
the proposed expansion area, including
Dorbrook Recreation Area in Colts Neck
and the Durand Park Memorial
Arboretum in Freehold Township. An
article prepared by the Monmouth
County Health Department, titled
‘‘Natural and Cultural Features of
Monmouth County,’’ states that the
Mount Pleasant Hills extend ‘‘from
Keyport southwest through Imlaystown
to the Delaware Bay in Salem County,
and [form] the drainage divide between
the Inner and Outer Coastal Plain.’’ 2
The petitioner notes that because
Imlaystown is west of the proposed
expansion area, this definition of the
divide between the Inner and Outer
1 https://nynjctbotany.org/njouter/njoptofc.html.
2 https://co.monmouth.nj.us/documents/
121%5CNaturalFeatures.pdf.
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Coastal Plains places the proposed
expansion area within the Outer Coastal
Plain. A geological and water survey
map from the New Jersey Department of
Environmental Protection shows the
location of a well within Colts Neck
Township near the western limits of the
Outer Coastal Plain.3 Finally, a visitors’
guide for southern New Jersey,
compiled by the South Jersey Tourism
Corporation, includes a section on the
Outer Coastal Plain AVA. The 4JG’s
Vineyards, which is owned by the
petitioner, is included in a listing of
wineries within the AVA. TTB notes
that although the petitioner’s vineyard
is not technically within the boundaries
of the Outer Coastal Plain AVA, its
inclusion in the listing demonstrates
that tourism organizations and visitors
currently associate the proposed
expansion area with the AVA.
Boundary Evidence
The current Outer Coastal Plain AVA
spans the southeastern portion of New
Jersey, from the Cape May Peninsula to
just south of Raritan Bay. The Atlantic
Ocean forms the eastern boundary. The
southwestern boundary follows the
shore of Delaware Bay. The western
boundary follows a belt of low hills
called cuestas, which separate the
physiographic region known as the
Outer Coastal Plain from the region
known as the Inner Coastal Plain. A
small portion of the Outer Coastal Plain
AVA’s current western boundary forms
a rough angle bracket shape (‘‘>’’),
where the land between the upper and
lower arms of the ‘‘>’’ is not within the
AVA. The townships of Colts Neck,
Freehold, Holmdel, and Marlboro, as
well as the unincorporated community
of Crawford Corners, are located within
this sharp angle in the AVA boundary.
The proposed expansion area is
located within this sharp angle in the
Outer Coastal Plain AVA’s boundary,
with the angle forming the northern,
eastern, and southern edges of the
proposed expansion area. The proposed
changes would eliminate the ‘‘>’’ in the
AVA’s current western boundary by
moving the AVA’s boundary westward
to incorporate the land within the ‘‘>’’
into the Outer Coastal Plain AVA. The
proposed boundary change would begin
in Freehold, at the intersection of Colts
Neck Road, West Main Street, and State
Route 79, which is the beginning point
of the bottom segment of the ‘‘>’’ in the
current AVA boundary. However,
instead of following Colts Neck Road
eastward to form the bottom segment of
the ‘‘>’’, the proposed boundary would
instead follow State Route 79
northeasterly, then northerly, to the
unincorporated community of
Wickatunk. The proposed boundary
would then proceed generally east along
a series of roads, reconnecting with the
current AVA boundary at the Garden
State Parkway near the community of
Crawford Corners, which is near the tip
of the top segment of the ‘‘>’’ in the
current boundary.
The proposed expansion area is
surrounded by the current Outer Coastal
Plain AVA to the north, east, and south.
The Inner Coastal Plain physiographic
region of New Jersey, marked by the belt
of cuestas, begins west of the proposed
expansion area. Elevations west of the
proposed expansion area begin to
increase, as shown on the elevation map
included with the proposed expansion
petition.
Distinguishing Features
According to the proposed expansion
petition, the soil, elevation, and climate
of the proposed expansion area are
similar to those of the established Outer
Coastal Plain AVA.
Soil
According to T.D. TTB–58, which
established the Outer Coastal Plain
AVA, the soils of the AVA are primarily
well-drained, sandy soils derived from
unconsolidated sediments. The soils are
described as having low pH levels and
low fertility. T.D. TTB–58 did not
include the names of the most common
soil types in the Outer Coastal Plain
AVA. The proposed expansion petition
states that soils within the Outer Coastal
Plain AVA generally have lower levels
of clay than soils outside the AVA.
The expansion petition included soil
survey maps from two sample sites
within the proposed expansion area.
The first sample area is located in the
northwestern portion of the proposed
expansion area near the proposed new
boundary, and the second sample area
is in the southeastern portion of the
proposed expansion area near the
current AVA’s western boundary. The
following table, compiled by TTB from
data provided in the petition, lists the
four most common soil types in each of
the two sample areas and the percentage
of the sample area covered by each soil
type.
3 https://www.state.nj.us/dep/njgs/pricelst/
gmseries/gms13-1.pdf.
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SOILS OF THE PROPOSED EXPANSION
AREA
Soil type
Percentage
of sample
area
First Sample Area
Freehold sandy loam ................
Collington sandy loam ..............
Tinton loamy sand ....................
Colts Neck sandy loam ............
45.3
11.9
9.5
6.9
Second Sample Area
Tinton loamy sand ....................
Collington sandy loam ..............
Freehold sandy loam ................
Colts Neck sandy loam ............
19.2
16.8
15.9
9.3
According to the soil survey
information, these four soil types all
contain large amounts of sand and/or
gravel, similar to the soils within the
Outer Coastal Plain AVA, as described
in T.D. TTB–58. Additionally, all four of
these soils are moderately well-drained
to well-drained, which is also a
characteristic of soils of the Outer
Coastal Plain AVA. Well-drained soils
shed excess water quickly, reducing the
risk of rot and disease in the vines.
Topography
T.D. TTB–58 states that the elevations
within the Outer Coastal Plain AVA are
less than 280 feet above sea level. West
of the AVA are the cuestas, which
separate the Outer Coastal Plain from
the Inner Coastal Plain. Elevations west
of this belt of cuestas are higher than
those within the Outer Coastal Plain
AVA. Elevations northwest of the AVA
can reach as high as 1,680 feet.
The petition includes a map of
elevations within and surrounding the
proposed expansion area. Within both
the proposed expansion area and the
established AVA, elevations primarily
range from 6 feet to 150 feet. The map
shows a small region along the western
edge of the proposed expansion area
that reaches elevations of 250 feet.
Similar elevations are also shown in
small regions along the Outer Coastal
Plain AVA’s current western boundary,
where the transition to the cuestas
begins. The map shows that the
elevations within the proposed
expansion area are within the range of
elevations established for the Outer
Coastal Plain AVA by T.D. TTB–58. The
low elevations allow marine air from the
Atlantic Ocean and Delaware Bay to
enter both the AVA and the proposed
expansion area and moderate the
temperatures.
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Climate
According to T.D. TTB–58, the
maritime influence from the Atlantic
Ocean and Delaware Bay makes the
Outer Coastal Plain AVA generally
warmer than the regions farther inland.
As a result of warmer temperatures, the
growing season within the AVA is also
longer than in the surrounding regions
and averages between 190 and 217 days.
The proposed expansion petition
includes a map that shows the length of
the growing season within the proposed
expansion area and the surrounding
regions. Within the majority of the
proposed expansion area, the growing
season ranges from 188 to 192 days. The
same map shows that the majority of the
portion of the AVA adjacent to the
proposed expansion area has a growing
season which is also within the range of
188 to 192 days. Immediately to the
west of the proposed expansion area,
outside of the Outer Coastal Plain AVA
where the cuestas begin, the growing
season is only between 185 and 188
days. The petition states that farther to
the north and west, in the higher
elevations outside both the proposed
expansion area and the AVA, the
growing season length drops to between
163 to 179 days. Because of the longer
growing season, vineyards within the
AVA and the proposed expansion area
can grow varietals of grapes that require
a longer time to mature.
TTB Determination
TTB concludes that the petition to
expand the boundaries of the
established Outer Coastal Plain AVA
merits consideration and public
comment, as invited in this notice of
proposed rulemaking.
Boundary Description
See the narrative description of the
boundary of the petitioned-for
expansion area in the proposed
regulatory text published at the end of
this proposed rule.
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Maps
To document the existing and
proposed boundaries of the Outer
Coastal Plain AVA, the petitioner
provided a copy of the required maps,
which are listed below in the proposed
regulatory text.
Impact on Current Wine Labels
For a wine to be labeled with a
viticultural area 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
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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 approval of the proposed
expansion of the Outer Coastal Plain
AVA would not affect any other existing
viticultural area. The expansion of the
Outer Coastal Plain AVA would allow
vintners to use ‘‘Outer Coastal Plain’’ as
an appellation of origin for wines made
primarily from grapes grown within the
proposed expansion area if the wines
meet the eligibility requirements for the
appellation.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should expand the Outer Coastal Plain
AVA as proposed. TTB is specifically
interested in receiving comments on the
similarity of the proposed expansion
area to the established Outer Coastal
Plain AVA. Please provide specific
information in support of your
comments.
Submitting Comments
You may submit comments on this
notice of proposed rulemaking by using
one of the following three methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this notice
within Docket No. TTB–2016–0008 on
‘‘Regulations.gov,’’ the Federal erulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 162 on the TTB Web site at https://
www.ttb.gov/wine/winerulemaking.shtml. Supplemental files
may be attached to comments submitted
via Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab.
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005.
• Hand Delivery/Courier: You may
hand-carry your comments or have them
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64371
hand-carried to the Alcohol and
Tobacco Tax and Trade Bureau, 1310 G
Street NW., Suite 400, Washington, DC
20005.
Please submit your comments by the
closing date shown above in this notice.
Your comments must reference Notice
No. 162 and include your name and
mailing address. Your comments also
must be made in English, be legible, and
be written in language acceptable for
public disclosure. TTB does not
acknowledge receipt of comments, and
TTB considers all comments as
originals.
In your comment, please clearly state
if you are commenting for yourself or on
behalf of an association, business, or
other entity. If you are commenting on
behalf of an entity, your comment must
include the entity’s name, as well as
your name and position title. If you
comment via Regulations.gov, please
enter the entity’s name in the
‘‘Organization’’ blank of the online
comment form. If you comment via
postal mail or hand delivery/courier,
please submit your entity’s comment on
letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this notice, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2016–
0008 on the Federal e-rulemaking
portal, Regulations.gov, at https://
www.regulations.gov. A direct link to
that docket is available on the TTB Web
site at https://www.ttb.gov/wine/wine_
rulemaking.shtml under Notice No. 162.
You may also reach the relevant docket
through the Regulations.gov search page
at https://www.regulations.gov. For
information on how to use
Regulations.gov, click on the site’s
‘‘Help’’ tab.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
E:\FR\FM\20SEP1.SGM
20SEP1
64372
Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Proposed Rules
or material that the Bureau considers
unsuitable for posting.
You may also view copies of this
notice of proposed rulemaking, all
related petitions, maps and other
supporting materials, and any electronic
or mailed comments that TTB receives
about this proposal by appointment at
the TTB Information Resource Center,
1310 G Street NW., Washington, DC
20005. You may also obtain copies at 20
cents per 8.5- x 11-inch page. Please
note that TTB is unable to provide
copies of USGS maps or other similarlysized documents that may be included
as part of the AVA petition. Contact
TTB’s information specialist at the
above address or by telephone at 202–
453–2265 to schedule an appointment
or to request copies of comments or
other materials.
Regulatory Flexibility Act
TTB certifies that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed 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
proposed 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 notice
of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
sradovich on DSK3GMQ082PROD with PROPOSALS
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend 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:
■
16:30 Sep 19, 2016
ENVIRONMENTAL PROTECTION
AGENCY
2. Section 9.207 is amended by
revising paragraph (b) introductory text,
adding paragraphs (b)(8) through (10),
revising paragraphs (c)(16) and (17),
redesignating paragraph (c)(18) through
(22) as paragraphs (c)(21) through (25),
and adding new paragraphs (c)(18)
through (20).
The revisions and additions read as
set forth below:
40 CFR Part 52
■
§ 9.207
Outer Coastal Plain.
*
*
*
*
*
(b) Approved maps. The appropriate
maps for determining the boundary of
the Outer Coastal Plain viticultural area
are 10 United States Geological Survey
topographic maps. They are titled:
*
*
*
*
*
(8) Freehold, New Jersey, 2014, 1:
24,000 scale;
(9) Marlboro, New Jersey, 2014,
1:24,000 scale; and
(10) Keyport, New Jersey–New York,
2014, 1:24,000 scale.
(c) * * *
(16) Continue northeasterly on CR
537, crossing onto the Freehold, New
Jersey, map, to the intersection of CR
537 (known locally as W. Main Street)
and State Route 79 (known locally as S.
Main Street) in Freehold; then
(17) Proceed northeasterly, then
northerly, along State Route 79, crossing
onto the Marlboro, New Jersey, map to
the intersection of State Route 79 and
Pleasant Valley Road in Wickatunk;
then
(18) Proceed northeasterly, then
southeasterly along Pleasant Valley
Road to the road’s intersection with
Schank Road, south of Pleasant Valley;
then
(19) Proceed easterly along Schank
Road to the road’s intersection with
Holmdel Road; then
(20) Proceed northerly along Holmdel
Road, crossing onto the Keyport, New
Jersey–New York map, to the road’s
intersection with the Garden State
Parkway, north of Crawford Corners;
then
*
*
*
*
*
Dated: September 14, 2016.
John J. Manfreda,
Administrator.
[FR Doc. 2016–22635 Filed 9–19–16; 8:45 am]
BILLING CODE 4810–31–P
Authority: 27 U.S.C. 205.
VerDate Sep<11>2014
Subpart C—Approved American
Viticultural Areas
Jkt 238001
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
[EPA–R06–OAR–2015–0495; FRL–9951–38–
Region 6]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Reasonable Further Progress Plan and
Motor Vehicle Emissions Budgets for
the Dallas/Fort Worth 2008 Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Dallas/Fort Worth
(DFW) Texas Reasonable Further
Progress (RFP) State Implementation
Plan (SIP) for the DFW moderate
nonattainment area for the 2008 ozone
National Ambient Air Quality Standard
(NAAQS or standard). The SIP revision
was submitted to the EPA on July 10,
2015 and supplemented on April 22,
2016. We also are proposing to approve
revisions to the 2011 base year
emissions inventory for the DFW
moderate nonattainment area for the
2008 ozone NAAQS standard, the 2017
transportation conformity motor vehicle
emissions budgets, and the required
contingency measures for failure to meet
RFP. This action is being taken under
the Clean Air Act (CAA).
DATES: Written comments must be
received on or before October 20, 2016.
ADDRESSES: Submit your comments,
identified by Docket No. [EPA–R06–
OAR–2015–0495], at https://
www.regulations.gov or via email to
jacques.wendy@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Ms. Wendy Jacques, (214) 665–
7395, jacques.wendy@epa.gov. For the
SUMMARY:
E:\FR\FM\20SEP1.SGM
20SEP1
]]>Agencies
[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Proposed Rules]
[Pages 64368-64372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22635]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2016-0008; Notice No. 162]
RIN 1513-AC32
Proposed Expansion of the Outer Coastal Plain Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
expand the approximately 2.25 million-acre ``Outer Coastal Plain''
viticultural area in southeastern New Jersey by approximately 32,932
acres. The established Outer Coastal Plain viticultural area and the
proposed expansion area do not lie within any other 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. TTB invites comments on this proposed addition
to its regulations.
DATES: Comments must be received by November 21, 2016.
ADDRESSES: Please send your comments on this notice to one of the
following addresses:
Internet: https://www.regulations.gov (via the online
comment form for this notice as posted within Docket No. TTB-2016-0008
at ``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW., Suite 400, Washington, DC
20005.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing or view or obtain copies
of the petition and supporting materials.
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:
[[Page 64369]]
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, dated December
10, 2013 (superseding Treasury Order 120-01, dated January 24, 2003),
to the TTB Administrator to perform the functions and duties in the
administration and enforcement of these laws.
Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to
establish definitive viticultural areas and regulate 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 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 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 the establishment of 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 procedures
to request changes involving existing 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 region 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 affecting 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 Outer Coastal Plain AVA
TTB received a petition from John and Jan Giunco, owners of 4JG's
Orchards and Vineyards in Colts Neck, New Jersey, proposing to expand
the established ``Outer Coastal Plain'' AVA in southeastern New Jersey.
The Outer Coastal Plain AVA (27 CFR 9.207) was established by T.D. TTB-
58, which published in the Federal Register on February 9, 2007 (72 FR
6165). The Outer Coastal Plain AVA covers approximately 2.25 million
acres in Atlantic, Burlington, Camden, Cape May, Cumberland,
Gloucester, Monmouth, Ocean, and Salem Counties, New Jersey. The Outer
Coastal Plain AVA and the proposed expansion area are not located
within any other AVA.
The proposed expansion area is located in Monmouth County, adjacent
to the western edge of the existing Outer Coastal Plain AVA boundary,
and covers approximately 32,932 acres. One commercial vineyard covering
a total of 30 acres is located within the proposed expansion area. The
vineyard also has its own winery. The vineyard and the winery both
existed at the time the Outer Coastal Plain AVA was established in
2007. The petitioners for the expansion of the AVA claim that when the
AVA was established, the region of the proposed expansion was intended
to be included in the AVA but was inadvertently omitted. The
petitioners state that they only recently learned that they are not
within the AVA's boundaries. The petition includes a letter from the
current president of the Outer Coastal Plain Vineyard Association
stating that the petitioners are vineyard owners who have been members
of that Association since 2006. The letter also states that the
association supports the proposed expansion.
According to the petition, the soils, elevation, and climate of the
proposed expansion area are similar to those of the established AVA.
Unless otherwise noted, all information and data pertaining to the
proposed expansion area contained in this document come from the
petition and its supporting exhibits.
Name Evidence
T.D. TTB-58, which established the Outer Coastal Plain AVA, states
that New Jersey has five defined physiographic regions, and the
physiographic region in which the established AVA is located is called
the ``Outer Coastal Plain.'' The expansion petition includes several
items that directly associate the proposed expansion area with the
Outer Coastal Plain region. A Web site dedicated to the botany of New
York, New Jersey, and Connecticut features a listing of recreational
areas titled ``New Jersey Natural Areas: Outer Coastal Plain.'' \1\
Included on this list are parks within the proposed expansion area,
including Dorbrook Recreation Area in Colts Neck and the Durand Park
Memorial Arboretum in Freehold Township. An article prepared by the
Monmouth County Health Department, titled ``Natural and Cultural
Features of Monmouth County,'' states that the Mount Pleasant Hills
extend ``from Keyport southwest through Imlaystown to the Delaware Bay
in Salem County, and [form] the drainage divide between the Inner and
Outer Coastal Plain.'' \2\ The petitioner notes that because Imlaystown
is west of the proposed expansion area, this definition of the divide
between the Inner and Outer
[[Page 64370]]
Coastal Plains places the proposed expansion area within the Outer
Coastal Plain. A geological and water survey map from the New Jersey
Department of Environmental Protection shows the location of a well
within Colts Neck Township near the western limits of the Outer Coastal
Plain.\3\ Finally, a visitors' guide for southern New Jersey, compiled
by the South Jersey Tourism Corporation, includes a section on the
Outer Coastal Plain AVA. The 4JG's Vineyards, which is owned by the
petitioner, is included in a listing of wineries within the AVA. TTB
notes that although the petitioner's vineyard is not technically within
the boundaries of the Outer Coastal Plain AVA, its inclusion in the
listing demonstrates that tourism organizations and visitors currently
associate the proposed expansion area with the AVA.
---------------------------------------------------------------------------
\1\ https://nynjctbotany.org/njouter/njoptofc.html.
\2\ https://co.monmouth.nj.us/documents/121%5CNaturalFeatures.pdf.
\3\ https://www.state.nj.us/dep/njgs/pricelst/gmseries/gms13-1.pdf.
---------------------------------------------------------------------------
Boundary Evidence
The current Outer Coastal Plain AVA spans the southeastern portion
of New Jersey, from the Cape May Peninsula to just south of Raritan
Bay. The Atlantic Ocean forms the eastern boundary. The southwestern
boundary follows the shore of Delaware Bay. The western boundary
follows a belt of low hills called cuestas, which separate the
physiographic region known as the Outer Coastal Plain from the region
known as the Inner Coastal Plain. A small portion of the Outer Coastal
Plain AVA's current western boundary forms a rough angle bracket shape
(``>''), where the land between the upper and lower arms of the ``>''
is not within the AVA. The townships of Colts Neck, Freehold, Holmdel,
and Marlboro, as well as the unincorporated community of Crawford
Corners, are located within this sharp angle in the AVA boundary.
The proposed expansion area is located within this sharp angle in
the Outer Coastal Plain AVA's boundary, with the angle forming the
northern, eastern, and southern edges of the proposed expansion area.
The proposed changes would eliminate the ``>'' in the AVA's current
western boundary by moving the AVA's boundary westward to incorporate
the land within the ``>'' into the Outer Coastal Plain AVA. The
proposed boundary change would begin in Freehold, at the intersection
of Colts Neck Road, West Main Street, and State Route 79, which is the
beginning point of the bottom segment of the ``>'' in the current AVA
boundary. However, instead of following Colts Neck Road eastward to
form the bottom segment of the ``>'', the proposed boundary would
instead follow State Route 79 northeasterly, then northerly, to the
unincorporated community of Wickatunk. The proposed boundary would then
proceed generally east along a series of roads, reconnecting with the
current AVA boundary at the Garden State Parkway near the community of
Crawford Corners, which is near the tip of the top segment of the ``>''
in the current boundary.
The proposed expansion area is surrounded by the current Outer
Coastal Plain AVA to the north, east, and south. The Inner Coastal
Plain physiographic region of New Jersey, marked by the belt of
cuestas, begins west of the proposed expansion area. Elevations west of
the proposed expansion area begin to increase, as shown on the
elevation map included with the proposed expansion petition.
Distinguishing Features
According to the proposed expansion petition, the soil, elevation,
and climate of the proposed expansion area are similar to those of the
established Outer Coastal Plain AVA.
Soil
According to T.D. TTB-58, which established the Outer Coastal Plain
AVA, the soils of the AVA are primarily well-drained, sandy soils
derived from unconsolidated sediments. The soils are described as
having low pH levels and low fertility. T.D. TTB-58 did not include the
names of the most common soil types in the Outer Coastal Plain AVA. The
proposed expansion petition states that soils within the Outer Coastal
Plain AVA generally have lower levels of clay than soils outside the
AVA.
The expansion petition included soil survey maps from two sample
sites within the proposed expansion area. The first sample area is
located in the northwestern portion of the proposed expansion area near
the proposed new boundary, and the second sample area is in the
southeastern portion of the proposed expansion area near the current
AVA's western boundary. The following table, compiled by TTB from data
provided in the petition, lists the four most common soil types in each
of the two sample areas and the percentage of the sample area covered
by each soil type.
Soils of the Proposed Expansion Area
------------------------------------------------------------------------
Percentage
Soil type of sample
area
------------------------------------------------------------------------
First Sample Area
------------------------------------------------------------------------
Freehold sandy loam........................................ 45.3
Collington sandy loam...................................... 11.9
Tinton loamy sand.......................................... 9.5
Colts Neck sandy loam...................................... 6.9
------------------------------------------------------------------------
Second Sample Area
------------------------------------------------------------------------
Tinton loamy sand.......................................... 19.2
Collington sandy loam...................................... 16.8
Freehold sandy loam........................................ 15.9
Colts Neck sandy loam...................................... 9.3
------------------------------------------------------------------------
According to the soil survey information, these four soil types all
contain large amounts of sand and/or gravel, similar to the soils
within the Outer Coastal Plain AVA, as described in T.D. TTB-58.
Additionally, all four of these soils are moderately well-drained to
well-drained, which is also a characteristic of soils of the Outer
Coastal Plain AVA. Well-drained soils shed excess water quickly,
reducing the risk of rot and disease in the vines.
Topography
T.D. TTB-58 states that the elevations within the Outer Coastal
Plain AVA are less than 280 feet above sea level. West of the AVA are
the cuestas, which separate the Outer Coastal Plain from the Inner
Coastal Plain. Elevations west of this belt of cuestas are higher than
those within the Outer Coastal Plain AVA. Elevations northwest of the
AVA can reach as high as 1,680 feet.
The petition includes a map of elevations within and surrounding
the proposed expansion area. Within both the proposed expansion area
and the established AVA, elevations primarily range from 6 feet to 150
feet. The map shows a small region along the western edge of the
proposed expansion area that reaches elevations of 250 feet. Similar
elevations are also shown in small regions along the Outer Coastal
Plain AVA's current western boundary, where the transition to the
cuestas begins. The map shows that the elevations within the proposed
expansion area are within the range of elevations established for the
Outer Coastal Plain AVA by T.D. TTB-58. The low elevations allow marine
air from the Atlantic Ocean and Delaware Bay to enter both the AVA and
the proposed expansion area and moderate the temperatures.
[[Page 64371]]
Climate
According to T.D. TTB-58, the maritime influence from the Atlantic
Ocean and Delaware Bay makes the Outer Coastal Plain AVA generally
warmer than the regions farther inland. As a result of warmer
temperatures, the growing season within the AVA is also longer than in
the surrounding regions and averages between 190 and 217 days.
The proposed expansion petition includes a map that shows the
length of the growing season within the proposed expansion area and the
surrounding regions. Within the majority of the proposed expansion
area, the growing season ranges from 188 to 192 days. The same map
shows that the majority of the portion of the AVA adjacent to the
proposed expansion area has a growing season which is also within the
range of 188 to 192 days. Immediately to the west of the proposed
expansion area, outside of the Outer Coastal Plain AVA where the
cuestas begin, the growing season is only between 185 and 188 days. The
petition states that farther to the north and west, in the higher
elevations outside both the proposed expansion area and the AVA, the
growing season length drops to between 163 to 179 days. Because of the
longer growing season, vineyards within the AVA and the proposed
expansion area can grow varietals of grapes that require a longer time
to mature.
TTB Determination
TTB concludes that the petition to expand the boundaries of the
established Outer Coastal Plain AVA merits consideration and public
comment, as invited in this notice of proposed rulemaking.
Boundary Description
See the narrative description of the boundary of the petitioned-for
expansion area in the proposed regulatory text published at the end of
this proposed rule.
Maps
To document the existing and proposed boundaries of the Outer
Coastal Plain AVA, the petitioner provided a copy of the required maps,
which are listed below in the proposed regulatory text.
Impact on Current Wine Labels
For a wine to be labeled with a viticultural area 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 approval of the proposed expansion of the Outer Coastal Plain
AVA would not affect any other existing viticultural area. The
expansion of the Outer Coastal Plain AVA would allow vintners to use
``Outer Coastal Plain'' as an appellation of origin for wines made
primarily from grapes grown within the proposed expansion area if the
wines meet the eligibility requirements for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should expand the Outer Coastal Plain AVA as proposed. TTB
is specifically interested in receiving comments on the similarity of
the proposed expansion area to the established Outer Coastal Plain AVA.
Please provide specific information in support of your comments.
Submitting Comments
You may submit comments on this notice of proposed rulemaking by
using one of the following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2016-
0008 on ``Regulations.gov,'' the Federal e-rulemaking portal, at https://www.regulations.gov. A direct link to that docket is available under
Notice No. 162 on the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml">https://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW., Suite 400, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 162 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly state if you are commenting for
yourself or on behalf of an association, business, or other entity. If
you are commenting on behalf of an entity, your comment must include
the entity's name, as well as your name and position title. If you
comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this notice, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2016-0008 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A
direct link to that docket is available on the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 162. You may
also reach the relevant docket through the Regulations.gov search page
at https://www.regulations.gov. For information on how to use
Regulations.gov, click on the site's ``Help'' tab.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments
[[Page 64372]]
or material that the Bureau considers unsuitable for posting.
You may also view copies of this notice of proposed rulemaking, all
related petitions, maps and other supporting materials, and any
electronic or mailed comments that TTB receives about this proposal by
appointment at the TTB Information Resource Center, 1310 G Street NW.,
Washington, DC 20005. You may also obtain copies at 20 cents per 8.5- x
11-inch page. Please note that TTB is unable to provide copies of USGS
maps or other similarly-sized documents that may be included as part of
the AVA petition. Contact TTB's information specialist at the above
address or by telephone at 202-453-2265 to schedule an appointment or
to request copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed 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 proposed 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 notice of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
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 9.207 is amended by revising paragraph (b) introductory
text, adding paragraphs (b)(8) through (10), revising paragraphs
(c)(16) and (17), redesignating paragraph (c)(18) through (22) as
paragraphs (c)(21) through (25), and adding new paragraphs (c)(18)
through (20).
The revisions and additions read as set forth below:
Sec. 9.207 Outer Coastal Plain.
* * * * *
(b) Approved maps. The appropriate maps for determining the
boundary of the Outer Coastal Plain viticultural area are 10 United
States Geological Survey topographic maps. They are titled:
* * * * *
(8) Freehold, New Jersey, 2014, 1: 24,000 scale;
(9) Marlboro, New Jersey, 2014, 1:24,000 scale; and
(10) Keyport, New Jersey-New York, 2014, 1:24,000 scale.
(c) * * *
(16) Continue northeasterly on CR 537, crossing onto the Freehold,
New Jersey, map, to the intersection of CR 537 (known locally as W.
Main Street) and State Route 79 (known locally as S. Main Street) in
Freehold; then
(17) Proceed northeasterly, then northerly, along State Route 79,
crossing onto the Marlboro, New Jersey, map to the intersection of
State Route 79 and Pleasant Valley Road in Wickatunk; then
(18) Proceed northeasterly, then southeasterly along Pleasant
Valley Road to the road's intersection with Schank Road, south of
Pleasant Valley; then
(19) Proceed easterly along Schank Road to the road's intersection
with Holmdel Road; then
(20) Proceed northerly along Holmdel Road, crossing onto the
Keyport, New Jersey-New York map, to the road's intersection with the
Garden State Parkway, north of Crawford Corners; then
* * * * *
Dated: September 14, 2016.
John J. Manfreda,
Administrator.
[FR Doc. 2016-22635 Filed 9-19-16; 8:45 am]
BILLING CODE 4810-31-P
