Proposed Expansion of the Monticello Viticultural Area, 14787-14791 [2018-07090]

Download as PDF Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules The Proposed Amendment ACTION: Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: SUMMARY: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: ■ Paragraph 5000 Class D Airspace. * * * * * ASW OK D Tulsa, OK [Amended] Richard Lloyd Jones Jr., OK (Lat. 36°02′23″ N, long. 95°59′05″ W) That airspace extending upward from the surface to and including 3,100 feet MSL within a 4-mile radius of Richard Lloyd Jones Jr. Airport, and within 1.0 miles each side of the 190° bearing from the Richard Lloyd Jones Jr., Airport, RWY 01L–LOC from the 4.0 mile radius to 4.1 miles south of the airport, excluding that airspace within the Tulsa International Airport, OK, Class C airspace area. This Class D airspace is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Chart Supplement. Issued in Fort Worth, Texas, on March 28, 2018. Walter Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2018–06995 Filed 4–5–18; 8:45 am] BILLING CODE 4910–13–P Notice of proposed rulemaking. The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to expand the approximately 1,320-square mile ‘‘Monticello’’ viticultural area in Albemarle, Green, Nelson, and Orange Counties in Virginia, by approximately 166 square miles. The proposal would extend the viticultural area into Fluvanna County, Virginia. The established Monticello viticultural area and the proposed expansion area are not located within any established 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 amendment to its regulations. DATES: Comments must be received by June 5, 2018. 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–2018–0004 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: DEPARTMENT OF THE TREASURY Background on Viticultural Areas Alcohol and Tobacco Tax and Trade Bureau 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 daltland on DSKBBV9HB2PROD with PROPOSALS 27 CFR Part 9 [Docket No. TTB–2018–0004; Notice No. 173] RIN 1513–AC37 Proposed Expansion of the Monticello Viticultural Area Alcohol and Tobacco Tax and Trade Bureau, Treasury. AGENCY: VerDate Sep<11>2014 20:58 Apr 05, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 14787 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 provisions. 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 standards for the preparation and submission of petitions for the establishment or modification of American viticultural areas (AVAs) and lists the approved AVAs. Definition Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) defines a viticultural area for American wine as a delimited grape-growing region having distinguishing features, as described in part 9 of the regulations, and a name 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(c) of the TTB regulations (27 CFR 9.12(c)) 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 E:\FR\FM\06APP1.SGM 06APP1 14788 Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules 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, including 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. daltland on DSKBBV9HB2PROD with PROPOSALS Petition To Expand the Monticello AVA TTB received a petition from George Cushnie, co-owner of Thistle Gate Vineyard, submitted on behalf of himself and a second vineyard owner, proposing to expand the established ‘‘Monticello’’ AVA. The Monticello AVA (27 CFR 9.48) was established by T.D. ATF–164, which published in the Federal Register on January 23, 1984 (49 FR 2757). The Monticello AVA covers approximately 1,320 square miles in Albemarle, Green, Nelson, and Orange Counties in Virginia. The Monticello AVA and the proposed expansion area are not located within any other AVA. The proposed expansion area is adjacent to the southeastern portion of the established AVA and encompasses approximately 166 square miles of Fluvanna County between the James River and the Rivanna River. There are 2 vineyards covering a total of approximately 15 acres within the proposed expansion area. The petition included a letter from the president of the Jeffersonian Wine Grape Growers Society, an organization of over 30 wineries within the Monticello AVA, supporting the proposed expansion. 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 The expansion petition provides evidence that the proposed expansion area is historically associated with ‘‘Monticello,’’ the home of Thomas Jefferson, as is the land currently within the Monticello AVA boundaries. For example, the Rivanna River, which VerDate Sep<11>2014 20:58 Apr 05, 2018 Jkt 244001 forms the northern boundary of the proposed expansion area, was the primary means of transporting agricultural products from Jefferson’s lands in the region to the James River, where the goods were then transported to other areas of Virginia. The Rivanna River is frequently referred to as ‘‘Mr. Jefferson’s river,’’ due to Thomas’ Jefferson’s efforts to make the river navigable by building dams, locks, and canals.1 The river was so important to Jefferson and the functioning of Monticello and the surrounding agricultural lands, including agricultural lands in the proposed expansion area, that he listed his improvements to the river as a greater personal achievement than writing the Declaration of Independence.2 Additionally, Jefferson played an active role in the establishment of Fluvanna County, where the proposed expansion area is located, and he drew the map for the proposed new county. The petition states that these pieces of historical evidence demonstrate that the region of the proposed expansion area held special significance for Jefferson and was important to the workings of his plantation at Monticello. As explained in the final rule that first established the Monticello AVA, the name ‘‘Monticello’’ is associated with the region in large part due to the historic connection with Thomas Jefferson, which as discussed above, also applies to the proposed expansion area. The petition also provided evidence that the name ‘‘Monticello’’ is currently associated with the proposed expansion area. A lake in the proposed expansion area is called Lake Monticello. The ‘‘Monticelloman Olympic Triathlon’’ and ‘‘Monticelloman Half Triathlon’’ are annual athletic events held within the proposed expansion area. The Monticello Area Community Action Agency and Head Start-Monticello Area are two community assistance organizations that serve the residents of the proposed expansion area. Businesses within the proposed expansion area that use the name ‘‘Monticello’’ include Monticello Mulch, Monticello Mattress & More, Monticello Country Realtors, and Century 21 Monticello Properties. Boundary Evidence The established Monticello AVA is a roughly oval shaped region with a northeast-southwest alignment. The James River and the shared Albemarle1 McGehee, Minnie Lee, and Trout, William E. Mr. Jefferson’s River, the Rivanna. Fluvanna County Historical Society: Palmyra, VA, 2001. 2 Ibid. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 Fluvanna County line form the southeastern and eastern boundaries, respectively. The proposed expansion area is adjacent to the eastern boundary of the established AVA and is located entirely within Fluvanna County. No portion of Fluvanna County is currently within the Monticello AVA. The proposed expansion area is roughly shaped like a triangle, with its apex pointing east, its base adjacent to the eastern edge of the established AVA, and the Rivanna and James Rivers forming the two sides. The apex of the proposed expansion area is at the confluence of the two rivers, near the town of Columbia. The proposed expansion area’s boundary begins at the intersection of the Rivanna River and the Albemarle-Fluvanna County line, along the eastern edge of the established AVA. Instead of continuing to follow the Albemarle-Fluvanna County line south, as the current AVA boundary does, the proposed expansion area continues southeasterly along the Rivanna River to its confluence with the James River. The proposed boundary then follows the James River southwesterly and then northwesterly to the Albemarle-Fluvanna County line, where the proposed expansion area boundary rejoins the current AVA boundary. Distinguishing Features The petition states that the climate and soils of the proposed expansion area are similar to those of the established Monticello AVA. TTB notes that T.D. ATF–164, which established the Monticello AVA, does not provide a detailed discussion of the distinguishing features of the AVA. However, the original petition to establish the AVA contains more information. A copy of the original Monticello AVA petition was included as part of the proposed expansion petition package and is included in Docket No. TTB–2018– 0004. Climate The original Monticello AVA petition stated that the Blue Ridge Mountains, to the west of the AVA, shelter the AVA from cold air flowing from the northwest. However, there are two major gaps in the mountains: one near Front Royal, Virginia, to the north of the Monticello AVA; and another near Roanoke, Virginia, to the south of the AVA. According to the original Monticello AVA petition, these two gaps divide cold air masses into two ‘‘rivers of cold air’’ that bypass the AVA and rejoin farther to the east, in the lower elevations and plains of the Piedmont region. Because the cool air E:\FR\FM\06APP1.SGM 06APP1 Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules bypasses the Monticello AVA, the petition stated that temperatures within the AVA are typically warmer than temperatures to the west of the AVA in the Blue Ridge Mountains and to the east of the AVA in the Piedmont region. A map in the original Monticello AVA petition shows that the average growing season length of the AVA ranges from 220 to 250 days, whereas the region east of the AVA averages between 150 and 175 days. The petition also included a 1979 plant hardiness zone map prepared by the Office of the Virginia State Climatologist that shows the AVA in zone 7, meaning that minimum winter temperature is typically between 5 and 10 degrees Fahrenheit (F). By contrast, the same map classifies the areas to the east and west of the AVA as zone 6, which ranges from -5 degrees to 5 degrees F. The petition for the proposed expansion area included a current USDA plant hardiness zone map. Although the climate zones for the Monticello AVA, the proposed expansion area, and the surrounding regions have changed according to the new map, the established AVA and the proposed expansion area are still in a warmer zone than the region to the west. The new map places the Monticello AVA into zone 7a, where minimum winter temperatures ranges from 0 to 5 degrees F. The confluence of the Rivanna River and the James River, which is the location of the proposed expansion area, is shown on this map and is also in zone 7a, as is the entire region east of both the AVA and the proposed expansion area, as far east as Richmond. The region west of both the AVA and the proposed expansion area, within the Blue Ridge Mountains, is a cooler zone 6b, with minimum winter temperatures between -5 and 0 degrees F. Although the plant hardiness zone map indicates that the zone for the Monticello AVA and the proposed expansion area extends eastward to Richmond, the petitioner provided other climate evidence to distinguish the proposed expansion area from the region to the east. For instance, the proposed expansion petition provides a higher-resolution of the map that was used in the original AVA petition to show the length of the growing season within the AVA and the surrounding areas. The higher resolution map shows that the far northeastern portion of the Monticello AVA, in Orange County, extends eastward beyond the 200-day contour, though not far enough east to reach the 175-day contour. The expansion petition estimates that, based on the higher resolution map, the Orange County portion of the AVA has a growing season between 190 and 200 days. When the proposed expansion area is drawn onto this high-resolution map, it also appears to have a growing season of between 190 and 200 days. Similar to the existing AVA, the proposed expansion area does not extend into the 175-day contour, which is slightly farther to the east. Therefore, according to the proposed expansion petition, the higher-resolution map shows that the proposed expansion area has a growing season length similar to that of the Orange County portion of the Monticello AVA. The higher-resolution map also shows that the region to the east of both the Monticello AVA and the proposed expansion area has a shorter growing season. Finally, the proposed expansion petition provided a higher-resolution version of the map used in the original Monticello petition to show the path that the ‘‘rivers of cold air’’ take around the AVA. The higher-resolution map shows that the Orange County portion of the Monticello AVA extends between the 15 degree contour and the 13 degree contour, meaning that the minimum January temperature for this portion of the Monticello AVA is between 13 and 15 degrees F. The ‘‘rivers of cold air’’ converge farther east, between the 13 degree contour and the 11 degree contour. When drawn on this map, the proposed expansion area also extends beyond the 15 degree contour, but not into the 13 degree contour. The proposed expansion petition states that this higher-resolution map demonstrates 14789 that January temperatures within the proposed expansion area are more similar to those of the Orange County portion of the Monticello AVA than those of the cooler region farther to the east of the established AVA where the ‘‘rivers of cold air’’ converge. The proposed expansion petition states that climate affects viticulture within the Monticello AVA and the proposed expansion area. According to the petition, the recommended minimum growing season length for most varietals of wine grapes in Virginia is 180 days, although a few very-early ripening varietals such as some Muscat varietals and Viognier can ripen in as few as 155 days.3 The 190- to 200-day growing season length in the proposed expansion area is long enough to grow many varietals of wine grapes, including Cabernet Franc, Malbec, Chardonnay, Merlot, and Pinot Gris. The proposed expansion petition states that these varietals are also all grown within the established Monticello AVA. Soils The original petition to establish the Monticello AVA described the soils of the AVA as a mixture of clay and loam. The soils are generally deep and welldrained. The predominant soil series found within the AVA are Buchanan, Davidson, Dyke, Nason, and Rapidan. Neither the original AVA petition nor T.D. ATF–164 describes the soils surrounding the Monticello AVA. The proposed expansion petition states that modern internet-based soil mapping tools provide a more detailed and accurate description of the soil series of the proposed AVA than the paper soil maps used in the original Monticello AVA petition. The expansion petition included a table comparing the major soil series found in the proposed expansion area, located in Fluvanna County, and the counties currently within the Monticello AVA. The data was compiled using the USDA’s Websoils tool.4 The data shows that the proposed expansion area shares four of the five major soil series found within the Monticello AVA. SOILS OF THE MONTICELLO AVA AND THE PROPOSED EXPANSION AREA Soil series daltland on DSKBBV9HB2PROD with PROPOSALS County Lew Fluvanna (proposed expansion area) .................................. Albemarle ............................................................................. Green ................................................................................... Nelson .................................................................................. 3 Wolf, Tony K., and Boyer, John D. Vineyard Site Selection. Virginia Tech Publication #463–020. 2003, page 2. VerDate Sep<11>2014 20:58 Apr 05, 2018 Jkt 244001 Louisburg Manteo Nason Tatum ........................ X X X X X ........................ ........................ X X ........................ ........................ X X ........................ ........................ X X ........................ ........................ 4 https://websoilsurvey.sc.egov.usda.gov/App/ HomePage.htm. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\06APP1.SGM 06APP1 14790 Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules SOILS OF THE MONTICELLO AVA AND THE PROPOSED EXPANSION AREA—Continued Soil series County Lew Orange ................................................................................. According to the proposed expansion petition, the soils found within the proposed expansion area are well-suited for viticulture, particularly soils of the Nason and Manteo series. These two soils are described as well-drained silty loams. Well-drained soils prevent boggy conditions, which restrict root growth and respiration. The soils also have low to moderate levels of organic content. The proposed expansion petition states that soils with high levels of organic content are not generally desirable for viticulture because the abundance of nutrients promotes overly vigorous shoot and leaf growth at the expense of fruit production and quality. TTB Determination TTB concludes that the petition to expand the boundaries of the established Monticello 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 Monticello AVA, the petitioner provided a copy of the required 1971 1:250,000-scale Roanoke, Virginia USGS quadrangle map. daltland on DSKBBV9HB2PROD with PROPOSALS Impact on Current Wine Labels Part 4 of the TTB regulations prohibits any label reference on a wine that indicates or implies an origin other than the wine’s true place of origin. For a wine to be labeled with an AVA name, at least 85 percent of the wine must be derived from grapes grown within the area represented by that name, and the wine must meet the other conditions listed in § 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)). If the wine is not eligible for labeling with an AVA name and that name appears in the brand name, then the label is not in compliance and the bottler must change the brand name and obtain approval of a new label. Similarly, if the AVA name appears in another reference on the VerDate Sep<11>2014 20:58 Apr 05, 2018 Jkt 244001 Louisburg Manteo Nason Tatum ........................ X X X X 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 Monticello AVA would not affect any other existing viticultural area. The expansion of the Monticello AVA would allow vintners to use ‘‘Monticello’’ 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 Monticello AVA as proposed. TTB is specifically interested in receiving comments on the similarity of the proposed expansion area to the established Monticello AVA, as well as the differences between the proposed expansion area and the areas outside the Monticello AVA. TTB is particularly interested in any viticulture that occurs in the eastern watershed of Fluvanna County and how it relates to the boundary evidence discussed above and presented in the expansion petition. 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–2018–0004 on ‘‘Regulations.gov,’’ the Federal e-rulemaking portal, at https:// www.regulations.gov. A direct link to that docket is available under Notice No. 173 on the TTB website 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. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 • 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. 173 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–2018– 0004 on the Federal e-rulemaking portal, Regulations.gov, at https:// E:\FR\FM\06APP1.SGM 06APP1 Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules www.regulations.gov. A direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/ wine_rulemaking.shtml under Notice No. 173. 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 website’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 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. daltland on DSKBBV9HB2PROD with PROPOSALS 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. PART 9—AMERICAN VITICULTURAL AREAS 1. The authority citation for part 9 continues to read as follows: ■ Authority: 27 U.S.C. 205. Subpart C—Approved American Viticultural Areas 2. Section 9.48 is amended by revising paragraph (c)(16), redesignating paragraph (c)(17) as paragraph (c)(19), and adding new paragraphs (c)(17) and (c)(18) to read as follows: ■ § 9.48 Monticello. * * * * * (c) * * * (16) Then continuing southwest along the county line to its intersection with the Rivanna River; (17) Then southeast along the Rivanna River to its confluence with the James River, near the Fluvanna–Goochland County line; (18) Then southwest, then northwest along the James River to its intersection with the Albemarle County line; * * * * * Signed: November 30, 2017. John J. Manfreda, Administrator. Approved: March 30, 2018. Timothy E. Skud, Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy). [FR Doc. 2018–07090 Filed 4–5–18; 8:45 am] BILLING CODE 4810–31–P Karen A. Thornton of the Regulations and Rulings Division drafted this notice of proposed rulemaking. List of Subjects in 27 CFR Part 9 Wine. Jkt 244001 Monterey County, California, by approximately 90 acres. The established Arroyo Seco viticultural area and the proposed expansion area both lie within the established Monterey viticultural area and the larger, multi-county Central 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. TTB invites comments on this proposed amendment to its regulations. DATES: Comments must be received by June 5, 2018. 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–2018–0003 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: Background on Viticultural Areas DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau [Docket No. TTB–2018–0003; Notice No. 172] RIN 1513–AC36 Proposed Expansion of the Arroyo Seco Viticultural Area Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Notice of proposed rulemaking. AGENCY: Drafting Information 20:58 Apr 05, 2018 For the reasons discussed in the preamble, TTB proposes to amend title 27, chapter I, part 9, Code of Federal Regulations, as follows: 27 CFR Part 9 Executive Order 12866 VerDate Sep<11>2014 Proposed Regulatory Amendment 14791 The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to expand the approximately 18,240-acre ‘‘Arroyo Seco’’ viticultural area in SUMMARY: PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 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 E:\FR\FM\06APP1.SGM 06APP1

Agencies

[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Proposed Rules]
[Pages 14787-14791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07090]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2018-0004; Notice No. 173]
RIN 1513-AC37


Proposed Expansion of the Monticello Viticultural Area

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to 
expand the approximately 1,320-square mile ``Monticello'' viticultural 
area in Albemarle, Green, Nelson, and Orange Counties in Virginia, by 
approximately 166 square miles. The proposal would extend the 
viticultural area into Fluvanna County, Virginia. The established 
Monticello viticultural area and the proposed expansion area are not 
located within any established 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 amendment to its 
regulations.

DATES: Comments must be received by June 5, 2018.

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-2018-0004 
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:

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 provisions.
    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 standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved AVAs.

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9 
of the regulations, and a name 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(c) of the TTB 
regulations (27 CFR 9.12(c)) 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

[[Page 14788]]

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, including 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 Monticello AVA

    TTB received a petition from George Cushnie, co-owner of Thistle 
Gate Vineyard, submitted on behalf of himself and a second vineyard 
owner, proposing to expand the established ``Monticello'' AVA. The 
Monticello AVA (27 CFR 9.48) was established by T.D. ATF-164, which 
published in the Federal Register on January 23, 1984 (49 FR 2757). The 
Monticello AVA covers approximately 1,320 square miles in Albemarle, 
Green, Nelson, and Orange Counties in Virginia. The Monticello AVA and 
the proposed expansion area are not located within any other AVA.
    The proposed expansion area is adjacent to the southeastern portion 
of the established AVA and encompasses approximately 166 square miles 
of Fluvanna County between the James River and the Rivanna River. There 
are 2 vineyards covering a total of approximately 15 acres within the 
proposed expansion area. The petition included a letter from the 
president of the Jeffersonian Wine Grape Growers Society, an 
organization of over 30 wineries within the Monticello AVA, supporting 
the proposed expansion. 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

    The expansion petition provides evidence that the proposed 
expansion area is historically associated with ``Monticello,'' the home 
of Thomas Jefferson, as is the land currently within the Monticello AVA 
boundaries. For example, the Rivanna River, which forms the northern 
boundary of the proposed expansion area, was the primary means of 
transporting agricultural products from Jefferson's lands in the region 
to the James River, where the goods were then transported to other 
areas of Virginia. The Rivanna River is frequently referred to as ``Mr. 
Jefferson's river,'' due to Thomas' Jefferson's efforts to make the 
river navigable by building dams, locks, and canals.\1\ The river was 
so important to Jefferson and the functioning of Monticello and the 
surrounding agricultural lands, including agricultural lands in the 
proposed expansion area, that he listed his improvements to the river 
as a greater personal achievement than writing the Declaration of 
Independence.\2\ Additionally, Jefferson played an active role in the 
establishment of Fluvanna County, where the proposed expansion area is 
located, and he drew the map for the proposed new county. The petition 
states that these pieces of historical evidence demonstrate that the 
region of the proposed expansion area held special significance for 
Jefferson and was important to the workings of his plantation at 
Monticello. As explained in the final rule that first established the 
Monticello AVA, the name ``Monticello'' is associated with the region 
in large part due to the historic connection with Thomas Jefferson, 
which as discussed above, also applies to the proposed expansion area.
---------------------------------------------------------------------------

    \1\ McGehee, Minnie Lee, and Trout, William E. Mr. Jefferson's 
River, the Rivanna. Fluvanna County Historical Society: Palmyra, VA, 
2001.
    \2\ Ibid.
---------------------------------------------------------------------------

    The petition also provided evidence that the name ``Monticello'' is 
currently associated with the proposed expansion area. A lake in the 
proposed expansion area is called Lake Monticello. The ``Monticelloman 
Olympic Triathlon'' and ``Monticelloman Half Triathlon'' are annual 
athletic events held within the proposed expansion area. The Monticello 
Area Community Action Agency and Head Start-Monticello Area are two 
community assistance organizations that serve the residents of the 
proposed expansion area. Businesses within the proposed expansion area 
that use the name ``Monticello'' include Monticello Mulch, Monticello 
Mattress & More, Monticello Country Realtors, and Century 21 Monticello 
Properties.

Boundary Evidence

    The established Monticello AVA is a roughly oval shaped region with 
a northeast-southwest alignment. The James River and the shared 
Albemarle-Fluvanna County line form the southeastern and eastern 
boundaries, respectively. The proposed expansion area is adjacent to 
the eastern boundary of the established AVA and is located entirely 
within Fluvanna County. No portion of Fluvanna County is currently 
within the Monticello AVA.
    The proposed expansion area is roughly shaped like a triangle, with 
its apex pointing east, its base adjacent to the eastern edge of the 
established AVA, and the Rivanna and James Rivers forming the two 
sides. The apex of the proposed expansion area is at the confluence of 
the two rivers, near the town of Columbia. The proposed expansion 
area's boundary begins at the intersection of the Rivanna River and the 
Albemarle-Fluvanna County line, along the eastern edge of the 
established AVA. Instead of continuing to follow the Albemarle-Fluvanna 
County line south, as the current AVA boundary does, the proposed 
expansion area continues southeasterly along the Rivanna River to its 
confluence with the James River. The proposed boundary then follows the 
James River southwesterly and then northwesterly to the Albemarle-
Fluvanna County line, where the proposed expansion area boundary 
rejoins the current AVA boundary.

Distinguishing Features

    The petition states that the climate and soils of the proposed 
expansion area are similar to those of the established Monticello AVA. 
TTB notes that T.D. ATF-164, which established the Monticello AVA, does 
not provide a detailed discussion of the distinguishing features of the 
AVA. However, the original petition to establish the AVA contains more 
information. A copy of the original Monticello AVA petition was 
included as part of the proposed expansion petition package and is 
included in Docket No. TTB-2018-0004.
Climate
    The original Monticello AVA petition stated that the Blue Ridge 
Mountains, to the west of the AVA, shelter the AVA from cold air 
flowing from the northwest. However, there are two major gaps in the 
mountains: one near Front Royal, Virginia, to the north of the 
Monticello AVA; and another near Roanoke, Virginia, to the south of the 
AVA. According to the original Monticello AVA petition, these two gaps 
divide cold air masses into two ``rivers of cold air'' that bypass the 
AVA and rejoin farther to the east, in the lower elevations and plains 
of the Piedmont region. Because the cool air

[[Page 14789]]

bypasses the Monticello AVA, the petition stated that temperatures 
within the AVA are typically warmer than temperatures to the west of 
the AVA in the Blue Ridge Mountains and to the east of the AVA in the 
Piedmont region.
    A map in the original Monticello AVA petition shows that the 
average growing season length of the AVA ranges from 220 to 250 days, 
whereas the region east of the AVA averages between 150 and 175 days. 
The petition also included a 1979 plant hardiness zone map prepared by 
the Office of the Virginia State Climatologist that shows the AVA in 
zone 7, meaning that minimum winter temperature is typically between 5 
and 10 degrees Fahrenheit (F). By contrast, the same map classifies the 
areas to the east and west of the AVA as zone 6, which ranges from -5 
degrees to 5 degrees F.
    The petition for the proposed expansion area included a current 
USDA plant hardiness zone map. Although the climate zones for the 
Monticello AVA, the proposed expansion area, and the surrounding 
regions have changed according to the new map, the established AVA and 
the proposed expansion area are still in a warmer zone than the region 
to the west. The new map places the Monticello AVA into zone 7a, where 
minimum winter temperatures ranges from 0 to 5 degrees F. The 
confluence of the Rivanna River and the James River, which is the 
location of the proposed expansion area, is shown on this map and is 
also in zone 7a, as is the entire region east of both the AVA and the 
proposed expansion area, as far east as Richmond. The region west of 
both the AVA and the proposed expansion area, within the Blue Ridge 
Mountains, is a cooler zone 6b, with minimum winter temperatures 
between -5 and 0 degrees F.
    Although the plant hardiness zone map indicates that the zone for 
the Monticello AVA and the proposed expansion area extends eastward to 
Richmond, the petitioner provided other climate evidence to distinguish 
the proposed expansion area from the region to the east. For instance, 
the proposed expansion petition provides a higher-resolution of the map 
that was used in the original AVA petition to show the length of the 
growing season within the AVA and the surrounding areas. The higher 
resolution map shows that the far northeastern portion of the 
Monticello AVA, in Orange County, extends eastward beyond the 200-day 
contour, though not far enough east to reach the 175-day contour. The 
expansion petition estimates that, based on the higher resolution map, 
the Orange County portion of the AVA has a growing season between 190 
and 200 days. When the proposed expansion area is drawn onto this high-
resolution map, it also appears to have a growing season of between 190 
and 200 days. Similar to the existing AVA, the proposed expansion area 
does not extend into the 175-day contour, which is slightly farther to 
the east. Therefore, according to the proposed expansion petition, the 
higher-resolution map shows that the proposed expansion area has a 
growing season length similar to that of the Orange County portion of 
the Monticello AVA. The higher-resolution map also shows that the 
region to the east of both the Monticello AVA and the proposed 
expansion area has a shorter growing season.
    Finally, the proposed expansion petition provided a higher-
resolution version of the map used in the original Monticello petition 
to show the path that the ``rivers of cold air'' take around the AVA. 
The higher-resolution map shows that the Orange County portion of the 
Monticello AVA extends between the 15 degree contour and the 13 degree 
contour, meaning that the minimum January temperature for this portion 
of the Monticello AVA is between 13 and 15 degrees F. The ``rivers of 
cold air'' converge farther east, between the 13 degree contour and the 
11 degree contour. When drawn on this map, the proposed expansion area 
also extends beyond the 15 degree contour, but not into the 13 degree 
contour. The proposed expansion petition states that this higher-
resolution map demonstrates that January temperatures within the 
proposed expansion area are more similar to those of the Orange County 
portion of the Monticello AVA than those of the cooler region farther 
to the east of the established AVA where the ``rivers of cold air'' 
converge.
    The proposed expansion petition states that climate affects 
viticulture within the Monticello AVA and the proposed expansion area. 
According to the petition, the recommended minimum growing season 
length for most varietals of wine grapes in Virginia is 180 days, 
although a few very-early ripening varietals such as some Muscat 
varietals and Viognier can ripen in as few as 155 days.\3\ The 190- to 
200-day growing season length in the proposed expansion area is long 
enough to grow many varietals of wine grapes, including Cabernet Franc, 
Malbec, Chardonnay, Merlot, and Pinot Gris. The proposed expansion 
petition states that these varietals are also all grown within the 
established Monticello AVA.
---------------------------------------------------------------------------

    \3\ Wolf, Tony K., and Boyer, John D. Vineyard Site Selection. 
Virginia Tech Publication #463-020. 2003, page 2.
---------------------------------------------------------------------------

Soils
    The original petition to establish the Monticello AVA described the 
soils of the AVA as a mixture of clay and loam. The soils are generally 
deep and well-drained. The predominant soil series found within the AVA 
are Buchanan, Davidson, Dyke, Nason, and Rapidan. Neither the original 
AVA petition nor T.D. ATF-164 describes the soils surrounding the 
Monticello AVA.
    The proposed expansion petition states that modern internet-based 
soil mapping tools provide a more detailed and accurate description of 
the soil series of the proposed AVA than the paper soil maps used in 
the original Monticello AVA petition. The expansion petition included a 
table comparing the major soil series found in the proposed expansion 
area, located in Fluvanna County, and the counties currently within the 
Monticello AVA. The data was compiled using the USDA's Websoils 
tool.\4\ The data shows that the proposed expansion area shares four of 
the five major soil series found within the Monticello AVA.
---------------------------------------------------------------------------

    \4\ https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.

                                               Soils of the Monticello AVA and the Proposed Expansion Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Soil series
                               County                               ------------------------------------------------------------------------------------
                                                                           Lew           Louisburg          Manteo           Nason            Tatum
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fluvanna (proposed expansion area).................................  ...............               X                X                X                X
Albemarle..........................................................               X                X                X                X                X
Green..............................................................               X   ...............  ...............  ...............  ...............
Nelson.............................................................               X   ...............  ...............  ...............  ...............

[[Page 14790]]

 
Orange.............................................................  ...............               X                X                X                X
--------------------------------------------------------------------------------------------------------------------------------------------------------

    According to the proposed expansion petition, the soils found 
within the proposed expansion area are well-suited for viticulture, 
particularly soils of the Nason and Manteo series. These two soils are 
described as well-drained silty loams. Well-drained soils prevent boggy 
conditions, which restrict root growth and respiration. The soils also 
have low to moderate levels of organic content. The proposed expansion 
petition states that soils with high levels of organic content are not 
generally desirable for viticulture because the abundance of nutrients 
promotes overly vigorous shoot and leaf growth at the expense of fruit 
production and quality.

TTB Determination

    TTB concludes that the petition to expand the boundaries of the 
established Monticello 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 Monticello 
AVA, the petitioner provided a copy of the required 1971 1:250,000-
scale Roanoke, Virginia USGS quadrangle map.

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. For a wine to be labeled with an AVA name, 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 Monticello AVA would 
not affect any other existing viticultural area. The expansion of the 
Monticello AVA would allow vintners to use ``Monticello'' 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 Monticello AVA as proposed. TTB is 
specifically interested in receiving comments on the similarity of the 
proposed expansion area to the established Monticello AVA, as well as 
the differences between the proposed expansion area and the areas 
outside the Monticello AVA. TTB is particularly interested in any 
viticulture that occurs in the eastern watershed of Fluvanna County and 
how it relates to the boundary evidence discussed above and presented 
in the expansion petition. 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-2018-
0004 on ``Regulations.gov,'' the Federal e-rulemaking portal, at https://www.regulations.gov. A direct link to that docket is available under 
Notice No. 173 on the TTB website 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. 173 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-2018-0004 on the Federal e-
rulemaking portal, Regulations.gov, at https://

[[Page 14791]]

www.regulations.gov. A direct link to that docket is available on the 
TTB website at https://www.ttb.gov/wine/wine_rulemaking.shtml under 
Notice No. 173. 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 website'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 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 9.48 is amended by revising paragraph (c)(16), redesignating 
paragraph (c)(17) as paragraph (c)(19), and adding new paragraphs 
(c)(17) and (c)(18) to read as follows:


Sec.  9.48   Monticello.

* * * * *
    (c) * * *
    (16) Then continuing southwest along the county line to its 
intersection with the Rivanna River;
    (17) Then southeast along the Rivanna River to its confluence with 
the James River, near the Fluvanna-Goochland County line;
    (18) Then southwest, then northwest along the James River to its 
intersection with the Albemarle County line;
* * * * *

    Signed: November 30, 2017.
John J. Manfreda,
Administrator.
    Approved: March 30, 2018.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2018-07090 Filed 4-5-18; 8:45 am]
 BILLING CODE 4810-31-P
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