Proposed Expansion of the Arroyo Seco Viticultural Area, 14791-14795 [2018-07093]
Download as PDF
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.
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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
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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:
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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
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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.
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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
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,
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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 Arroyo Seco
AVA
TTB received a petition from Ann
Hougham, owner of the Mesa del Sol
Vineyards, proposing to expand the
established ‘‘Arroyo Seco’’ AVA. The
Arroyo Seco AVA (27 CFR 9.59) was
established by T.D. ATF–131, which
published in the Federal Register on
April 15, 1983 (48 FR 16245). The
Arroyo Seco AVA covers approximately
18,240 acres in Monterey County,
California, and is located within the
established Monterey AVA (27 CFR
9.98) and the larger, multi-county
Central Coast AVA (27 CFR 9.75).
The proposed expansion area contains
approximately 90 acres and is adjacent
to the far southwestern corner of the
Arroyo Seco AVA. The proposed
expansion area is located on an upland
terrace on the northern bank of a creek
known as the Arroyo Seco, which is
Spanish for ‘‘dry creek.’’ There is one
vineyard covering a total of
approximately 14 acres within the
proposed expansion area. The petition
included a copy of an email from the
Arroyo Seco Winegrowers, stating that
the proposed expansion was shared
with its members and received no
objections. 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 petition provides evidence that
the proposed expansion area is
associated with the name ‘‘Arroyo
Seco.’’ The petitioner states that the
address of her vineyard is Arroyo Seco
Road, which also runs through the
Arroyo Seco AVA. The creek known as
the Arroyo Seco forms the southern and
eastern boundary of the proposed
expansion area and also flows through
the established Arroyo Seco AVA. Two
maps were included in the petition as
evidence that the proposed expansion
area is part of the larger region referred
to as the ‘‘Arroyo Seco.’’ The first map
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was created by the State of California
and shows proposed dam sites in the
‘‘Arroyo Seco watershed.’’ The
confluence of Piney Creek and the
Arroyo Seco, which is the location of
the proposed expansion area, appears
on this map. The second map is a
wildlife survey study map that was
produced by California State
University–Monterey Bay and is titled
‘‘Aquatic Life and Habitat in the Arroyo
Seco Watershed.’’ The bend in the
Arroyo Seco where the proposed
expansion area is located is shown on
the map, and symbols on the map
indicate that the region was included as
part of the Arroyo Seco watershed
aquatic life survey.
The petition also includes evidence
that the proposed expansion area has
historically been associated with the
name ‘‘Arroyo Seco.’’ An excerpt from
a book that chronicles the history of the
region states, ‘‘From April 15, 1880,
when the first tract of 80 acres was
patented to a George M. Moore, until
August 22, 1924, * * * a total of 316
homesteads were granted in the Arroyo
Seco area.’’ 1 A second excerpt, from the
memoirs of local resident Fred Weybret,
Jr., describes his childhood in the region
from 1928 to 1933 and notes, ‘‘There
was no electricity in the Arroyo Seco at
that time * * * ’’ 2 The petition also
included the ownership history of the
petitioner’s property, obtained from a
title company, which shows that her
property was once part of the land
mentioned in the book as belonging to
Mr. Moore and was owned by the
Weybret family from 1928 to 1945.
Boundary Evidence
The Arroyo Seco AVA is located
along the sloping bench lands
surrounding the Arroyo Seco, which
flows into the Salinas River near
Soledad. The Arroyo Seco AVA is
irregularly shaped, with the main
portion of the AVA roughly resembling
a triangle with its apex pointing to the
southwest. A long, narrow ‘‘panhandle’’
extends from the apex of the triangle
and is aligned west to east. The
‘‘panhandle’’ is formed by a series of
straight lines that follow the southern
boundaries of several sections on the
USGS Sycamore Flat quadrangle map.
The 90-acre proposed expansion area is
a roughly triangular area adjacent to the
southern edge of the ‘‘panhandle,’’ near
the confluence of Piney Creek and the
Arroyo Seco.
The proposed expansion area
boundary begins at the intersection of
1 Coelho,
Al. The Arroyo Seco. 1982.
Fred Jr. (2002). Arroyo Seco.
Unpublished memoir manuscript.
2 Weybret,
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Arroyo Seco Road, Carmel Valley Road,
and the southwestern corner of section
22 of the USGS Sycamore Flat
quadrangle map. This intersection is
also the beginning point for southern
boundary of the ‘‘panhandle’’ portion of
the current AVA boundary. Instead of
proceeding east along the southern
boundary of section 22, as the current
boundary does, the proposed expansion
area boundary proceeds southwesterly
along Arroyo Seco Road to Piney Creek.
The proposed boundary then proceeds
southeasterly (downstream) along Piney
Creek to its confluence with the Arroyo
Seco. The proposed boundary then
proceeds northeasterly (downstream)
along the Arroyo Seco and rejoins the
current AVA boundary at the
intersection of the Arroyo Seco with the
southern boundary of section 22.
The proposed expansion area is
bordered to the north by the established
Arroyo Seco AVA. The petition states
that the land surrounding the proposed
expansion area in the other directions is
mostly unavailable for commercial
viticulture. Due south of the proposed
expansion area, along the southern bank
of the Arroyo Seco, is a large parcel of
land owned by the Big Sur Land Trust
to be kept as open space in perpetuity.
To the west, southwest, and southeast of
both the proposed expansion area and
the Big Sur Land Trust property is the
Ventana Wilderness portion of the Los
Padres National Forest. Because of its
status as a Federally-protected
wilderness within a National Forest,
this land is largely unavailable for
commercial purposes. Although the
Sycamore Flat USGS quadrangle map
shows several inholdings (privatelyheld lands) within the National Forest,
the petition describes the forest as a
largely roadless, mountainous area with
little land suitable for viticulture, even
in the inholdings where commercial
viticulture might be permitted.
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Distinguishing Features
The petition states that the soils and
topography of the proposed expansion
area are similar to those of the
established Arroyo Seco AVA.
Soils
T.D. ATF–131 described the soils of
the Arroyo Seco AVA as gravelly and
fine sandy loams with low lime content.
The principal soil series within the
AVA are Mocho, Lockwood, Arroyo
Seco, Rincon, Elder, and Chular. The
soils are described as well-drained. T.D.
ATF–131 did not describe the soils of
the regions surrounding the Arroyo Seco
AVA.
The proposed expansion petition
included a soil report generated from
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the USDA Natural Resources
Conservation Service website, as well as
a report from a soil analysis performed
on the petitioner’s property by an
agricultural testing service. The testing
service’s report shows that the three
sample sites from within the proposed
expansion area all have low levels of
lime, similar to the soils within the
Arroyo Seco AVA. The USDA soil
report concludes that approximately 96
percent of the soils within the proposed
expansion area are from the Lockwood
series, and that minor amounts of soils
from the Elder and Mocho series are
also present. The results from both
reports indicate that the soils within the
proposed expansion area are very
similar to the soils found within the
established AVA.
The soils within both the proposed
expansion area and the established AVA
affect viticulture. Vines planted in soils
with low levels of lime are typically
slightly acidic and are better able to
absorb key nutrients, such as iron and
phosphorous, than vines planted in
soils with high levels of lime. Welldrained soils reduce the risk of fungal
disease and rot.
Topography
T.D. ATF–131 states that the Arroyo
Seco AVA consists of sloping bench
land surrounding the Arroyo Seco.
Slope angles within the AVA are
described as between 0 and 9 percent.
According to T.D. ATF–131, elevations
are highest within the far western
portion of the AVA, where elevations
can reach over 600 feet in the foothills
of the Santa Lucia Mountains. The
sloping elevations allow cold air to
drain from the vineyards, reducing the
risk of frost.
According to the USGS topographic
map included in the petition, elevations
within the proposed expansion area are
similar to those of the adjacent region
that is within the Arroyo Seco AVA,
which range from approximately 600
feet along the banks of the Arroyo Seco
to an unnamed peak with an elevation
of 1,110 feet. For comparison, elevations
within the proposed expansion area are
highest within the northern portion,
adjacent to the established AVA’s
southern boundary, at approximately
700 feet. Elevations in the southern
portion of the proposed expansion area,
adjacent to the Arroyo Seco, are
approximately 600 feet. The USDA soil
report included with the proposed
expansion petition states that the slope
angles within the proposed expansion
area are between 0 and 9 percent, which
is the same as the range of slope angles
attributed to the established AVA in
T.D. ATF–131. The USDA soil report
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also states that the principal landforms
of the proposed expansion area are
terraces and alluvial fans, which is
similar to the topography of the
established AVA. Finally, a USGS
geologic map of the Salinas River Valley
and the Arroyo Seco shows that the
terrace formation on which the
proposed expansion area is located
extends into the Arroyo Seco AVA.
Comparison of the Proposed Arroyo
Seco AVA Expansion Area to the
Existing Monterey and Central Coast
AVAs
Monterey AVA
The Monterey AVA was established
by T.D. ATF–177, which was published
in the Federal Register on June 15, 1984
(49 FR 24714). The Monterey AVA is
located in Monterey County, California,
south and southeast of the city of
Salinas, and covers approximately twothirds of the county. Elevations within
the Monterey AVA are generally below
1,000 feet. The soils of the Monterey
AVA are described as having low levels
of lime and salt, with pH levels between
5.1 and 8.4, as well as very low levels
of organic matter.
The proposed Arroyo Seco AVA
expansion area has elevations and soils
similar to the Monterey AVA. Within
the proposed expansion area, the
highest elevations are between 600 and
700 feet. The soils of the proposed
expansion area are also low in lime and
salt and have pH levels of between 6.2
and 6.6. However, the soil analysis
provided in the expansion petition
shows that the soils of the proposed
expansion area have medium-to-high
levels of organic matter, compared to
the very low levels of organic matter
that characterize the Monterey AVA.
Additionally, the expansion petition
provided evidence that the proposed
expansion area is frequently described
as being in an area referred to as the
‘‘Arroyo Seco,’’ rather than being
described with the broader County
name of ‘‘Monterrey.’’
Central Coast AVA
The large, 1 million-acre Central Coast
AVA was established by T.D. ATF–216,
which was published in the Federal
Register on October 24, 1985 (50 FR
43128). The Central Coast viticultural
area encompasses the California
counties of Alameda, Contra Costa,
Monterey, San Benito, San Francisco,
San Luis Obispo, San Mateo, Santa
Barbara, Santa Clara, and Santa Cruz,
and it contains 39 established AVAs.
T.D. ATF–216 describes the Central
Coast viticultural area as extending from
Santa Barbara to the San Francisco Bay
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area, and east to the California Coastal
Ranges. The only distinguishing feature
of the California Coast AVA addressed
in T.D. ATF–216 is that all of the
included counties experience marine
climate influence due to their proximity
to the Pacific Ocean.
The Arroyo Seco AVA and the
proposed expansion area are both
located within the Central Coast AVA.
Cool marine breezes enter the
established AVA and the proposed
expansion area from Monterey Bay via
the Salinas River and the Arroyo Seco.
However, because of their locations east
of the Santa Lucas Mountains, neither
the Arroyo Seco AVA nor the proposed
expansion area are as exposed to the
marine air and fog as the more western
regions of the Central Coast AVA that
are closer to the ocean. Additionally,
due to its much smaller size, the
topographical features of the proposed
expansion area are more uniform than
the diverse features of the large,
multicounty Central Coast AVA, and are
more similar to the topographical
features of the Arroyo Seco AVA, which
is located on the same sloping bench
lands and terraces along the Arroyo
Seco as the proposed expansion area.
TTB Determination
TTB concludes that the petition to
expand the boundaries of the
established Arroyo Seco 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 Arroyo Seco
AVA, the petitioner provided a copy of
the required map, and it is listed below
in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. 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
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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 Arroyo Seco AVA
would not affect any other existing
viticultural area. The expansion of the
Arroyo Seco AVA would allow vintners
to use ‘‘Arroyo Seco’’ 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 Arroyo Seco AVA as
proposed. TTB is specifically interested
in receiving comments on the similarity
of the proposed expansion area to the
established Arroyo Seco AVA, as well as
the differences between the proposed
expansion area and the areas outside the
Arroyo Seco 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–XXXX on
‘‘Regulations.gov,’’ the Federal erulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. XXX 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.
• 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
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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. XXX 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–
0003 on the Federal e-rulemaking
portal, Regulations.gov, at https://
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. 172. 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.
E:\FR\FM\06APP1.SGM
06APP1
Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules
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-×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
1. The authority citation for part 9
continues to read as follows:
daltland on DSKBBV9HB2PROD with PROPOSALS
■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Section 9.59 is amended by revising
paragraphs (c) introductory text and
(c)(1), redesignating paragraphs (c)(2)
■
VerDate Sep<11>2014
20:58 Apr 05, 2018
Jkt 244001
through (c)(21) as paragraphs (c)(3)
through (c)(22), and adding new
paragraph (c)(2) to read as follows:
§ 9.59
Arroyo Seco.
*
*
*
*
*
(c) Boundaries. The Arroyo Seco
viticultural area is located in Monterey
County, California. The beginning point
is found on the ‘‘Sycamore Flat’’
U.S.G.S. map at the intersection of
Jamesburg Road (known locally as
Carmel Valley Road) and Arroyo Seco
Road, near the intersection of sections
21, 22, 28, and 27, T.19 S., R. 5 E. From
the beginning point, proceed
southwesterly along Arroyo Seco Road
to its intersection with Piney Creek.
(1) Then southeasterly along Piney
Creek to its confluence with the Arroyo
Seco in section 27, T. 19 S., R. 5 E.
(2) Then northerly along the Arroyo
Seco to its intersection with the
southern boundary of section 22, T. 19
S., R 5 E.
*
*
*
*
*
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. 2018–07093 Filed 4–5–18; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2018–0006; Notice No.
175]
RIN 1513–AC39
Proposed Establishment of the Van
Duzer Corridor Viticultural Area and
Clarification of the Eola-Amity Hills
Viticultural Area Boundary Description
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
establish the approximately 59,871-acre
‘‘Van Duzer Corridor’’ viticultural area
in portions of Polk and Yamhill
Counties, Oregon. The proposed
viticultural area lies entirely within the
existing Willamette Valley viticultural
area. TTB also is proposing to clarify the
boundary description of the adjacent
Eola–Amity Hills viticultural area. TTB
designates viticultural areas to allow
SUMMARY:
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
14795
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
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–2018–0006 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.
E:\FR\FM\06APP1.SGM
06APP1
Agencies
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Proposed Rules]
[Pages 14791-14795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07093]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2018-0003; Notice No. 172]
RIN 1513-AC36
Proposed Expansion of the Arroyo Seco 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 18,240-acre ``Arroyo Seco'' viticultural area
in 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
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
[[Page 14792]]
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 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 Arroyo Seco AVA
TTB received a petition from Ann Hougham, owner of the Mesa del Sol
Vineyards, proposing to expand the established ``Arroyo Seco'' AVA. The
Arroyo Seco AVA (27 CFR 9.59) was established by T.D. ATF-131, which
published in the Federal Register on April 15, 1983 (48 FR 16245). The
Arroyo Seco AVA covers approximately 18,240 acres in Monterey County,
California, and is located within the established Monterey AVA (27 CFR
9.98) and the larger, multi-county Central Coast AVA (27 CFR 9.75).
The proposed expansion area contains approximately 90 acres and is
adjacent to the far southwestern corner of the Arroyo Seco AVA. The
proposed expansion area is located on an upland terrace on the northern
bank of a creek known as the Arroyo Seco, which is Spanish for ``dry
creek.'' There is one vineyard covering a total of approximately 14
acres within the proposed expansion area. The petition included a copy
of an email from the Arroyo Seco Winegrowers, stating that the proposed
expansion was shared with its members and received no objections.
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 petition provides evidence that the proposed expansion area is
associated with the name ``Arroyo Seco.'' The petitioner states that
the address of her vineyard is Arroyo Seco Road, which also runs
through the Arroyo Seco AVA. The creek known as the Arroyo Seco forms
the southern and eastern boundary of the proposed expansion area and
also flows through the established Arroyo Seco AVA. Two maps were
included in the petition as evidence that the proposed expansion area
is part of the larger region referred to as the ``Arroyo Seco.'' The
first map was created by the State of California and shows proposed dam
sites in the ``Arroyo Seco watershed.'' The confluence of Piney Creek
and the Arroyo Seco, which is the location of the proposed expansion
area, appears on this map. The second map is a wildlife survey study
map that was produced by California State University-Monterey Bay and
is titled ``Aquatic Life and Habitat in the Arroyo Seco Watershed.''
The bend in the Arroyo Seco where the proposed expansion area is
located is shown on the map, and symbols on the map indicate that the
region was included as part of the Arroyo Seco watershed aquatic life
survey.
The petition also includes evidence that the proposed expansion
area has historically been associated with the name ``Arroyo Seco.'' An
excerpt from a book that chronicles the history of the region states,
``From April 15, 1880, when the first tract of 80 acres was patented to
a George M. Moore, until August 22, 1924, * * * a total of 316
homesteads were granted in the Arroyo Seco area.'' \1\ A second
excerpt, from the memoirs of local resident Fred Weybret, Jr.,
describes his childhood in the region from 1928 to 1933 and notes,
``There was no electricity in the Arroyo Seco at that time * * * '' \2\
The petition also included the ownership history of the petitioner's
property, obtained from a title company, which shows that her property
was once part of the land mentioned in the book as belonging to Mr.
Moore and was owned by the Weybret family from 1928 to 1945.
---------------------------------------------------------------------------
\1\ Coelho, Al. The Arroyo Seco. 1982.
\2\ Weybret, Fred Jr. (2002). Arroyo Seco. Unpublished memoir
manuscript.
---------------------------------------------------------------------------
Boundary Evidence
The Arroyo Seco AVA is located along the sloping bench lands
surrounding the Arroyo Seco, which flows into the Salinas River near
Soledad. The Arroyo Seco AVA is irregularly shaped, with the main
portion of the AVA roughly resembling a triangle with its apex pointing
to the southwest. A long, narrow ``panhandle'' extends from the apex of
the triangle and is aligned west to east. The ``panhandle'' is formed
by a series of straight lines that follow the southern boundaries of
several sections on the USGS Sycamore Flat quadrangle map. The 90-acre
proposed expansion area is a roughly triangular area adjacent to the
southern edge of the ``panhandle,'' near the confluence of Piney Creek
and the Arroyo Seco.
The proposed expansion area boundary begins at the intersection of
[[Page 14793]]
Arroyo Seco Road, Carmel Valley Road, and the southwestern corner of
section 22 of the USGS Sycamore Flat quadrangle map. This intersection
is also the beginning point for southern boundary of the ``panhandle''
portion of the current AVA boundary. Instead of proceeding east along
the southern boundary of section 22, as the current boundary does, the
proposed expansion area boundary proceeds southwesterly along Arroyo
Seco Road to Piney Creek. The proposed boundary then proceeds
southeasterly (downstream) along Piney Creek to its confluence with the
Arroyo Seco. The proposed boundary then proceeds northeasterly
(downstream) along the Arroyo Seco and rejoins the current AVA boundary
at the intersection of the Arroyo Seco with the southern boundary of
section 22.
The proposed expansion area is bordered to the north by the
established Arroyo Seco AVA. The petition states that the land
surrounding the proposed expansion area in the other directions is
mostly unavailable for commercial viticulture. Due south of the
proposed expansion area, along the southern bank of the Arroyo Seco, is
a large parcel of land owned by the Big Sur Land Trust to be kept as
open space in perpetuity. To the west, southwest, and southeast of both
the proposed expansion area and the Big Sur Land Trust property is the
Ventana Wilderness portion of the Los Padres National Forest. Because
of its status as a Federally-protected wilderness within a National
Forest, this land is largely unavailable for commercial purposes.
Although the Sycamore Flat USGS quadrangle map shows several inholdings
(privately-held lands) within the National Forest, the petition
describes the forest as a largely roadless, mountainous area with
little land suitable for viticulture, even in the inholdings where
commercial viticulture might be permitted.
Distinguishing Features
The petition states that the soils and topography of the proposed
expansion area are similar to those of the established Arroyo Seco AVA.
Soils
T.D. ATF-131 described the soils of the Arroyo Seco AVA as gravelly
and fine sandy loams with low lime content. The principal soil series
within the AVA are Mocho, Lockwood, Arroyo Seco, Rincon, Elder, and
Chular. The soils are described as well-drained. T.D. ATF-131 did not
describe the soils of the regions surrounding the Arroyo Seco AVA.
The proposed expansion petition included a soil report generated
from the USDA Natural Resources Conservation Service website, as well
as a report from a soil analysis performed on the petitioner's property
by an agricultural testing service. The testing service's report shows
that the three sample sites from within the proposed expansion area all
have low levels of lime, similar to the soils within the Arroyo Seco
AVA. The USDA soil report concludes that approximately 96 percent of
the soils within the proposed expansion area are from the Lockwood
series, and that minor amounts of soils from the Elder and Mocho series
are also present. The results from both reports indicate that the soils
within the proposed expansion area are very similar to the soils found
within the established AVA.
The soils within both the proposed expansion area and the
established AVA affect viticulture. Vines planted in soils with low
levels of lime are typically slightly acidic and are better able to
absorb key nutrients, such as iron and phosphorous, than vines planted
in soils with high levels of lime. Well-drained soils reduce the risk
of fungal disease and rot.
Topography
T.D. ATF-131 states that the Arroyo Seco AVA consists of sloping
bench land surrounding the Arroyo Seco. Slope angles within the AVA are
described as between 0 and 9 percent. According to T.D. ATF-131,
elevations are highest within the far western portion of the AVA, where
elevations can reach over 600 feet in the foothills of the Santa Lucia
Mountains. The sloping elevations allow cold air to drain from the
vineyards, reducing the risk of frost.
According to the USGS topographic map included in the petition,
elevations within the proposed expansion area are similar to those of
the adjacent region that is within the Arroyo Seco AVA, which range
from approximately 600 feet along the banks of the Arroyo Seco to an
unnamed peak with an elevation of 1,110 feet. For comparison,
elevations within the proposed expansion area are highest within the
northern portion, adjacent to the established AVA's southern boundary,
at approximately 700 feet. Elevations in the southern portion of the
proposed expansion area, adjacent to the Arroyo Seco, are approximately
600 feet. The USDA soil report included with the proposed expansion
petition states that the slope angles within the proposed expansion
area are between 0 and 9 percent, which is the same as the range of
slope angles attributed to the established AVA in T.D. ATF-131. The
USDA soil report also states that the principal landforms of the
proposed expansion area are terraces and alluvial fans, which is
similar to the topography of the established AVA. Finally, a USGS
geologic map of the Salinas River Valley and the Arroyo Seco shows that
the terrace formation on which the proposed expansion area is located
extends into the Arroyo Seco AVA.
Comparison of the Proposed Arroyo Seco AVA Expansion Area to the
Existing Monterey and Central Coast AVAs
Monterey AVA
The Monterey AVA was established by T.D. ATF-177, which was
published in the Federal Register on June 15, 1984 (49 FR 24714). The
Monterey AVA is located in Monterey County, California, south and
southeast of the city of Salinas, and covers approximately two-thirds
of the county. Elevations within the Monterey AVA are generally below
1,000 feet. The soils of the Monterey AVA are described as having low
levels of lime and salt, with pH levels between 5.1 and 8.4, as well as
very low levels of organic matter.
The proposed Arroyo Seco AVA expansion area has elevations and
soils similar to the Monterey AVA. Within the proposed expansion area,
the highest elevations are between 600 and 700 feet. The soils of the
proposed expansion area are also low in lime and salt and have pH
levels of between 6.2 and 6.6. However, the soil analysis provided in
the expansion petition shows that the soils of the proposed expansion
area have medium-to-high levels of organic matter, compared to the very
low levels of organic matter that characterize the Monterey AVA.
Additionally, the expansion petition provided evidence that the
proposed expansion area is frequently described as being in an area
referred to as the ``Arroyo Seco,'' rather than being described with
the broader County name of ``Monterrey.''
Central Coast AVA
The large, 1 million-acre Central Coast AVA was established by T.D.
ATF-216, which was published in the Federal Register on October 24,
1985 (50 FR 43128). The Central Coast viticultural area encompasses the
California counties of Alameda, Contra Costa, Monterey, San Benito, San
Francisco, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, and
Santa Cruz, and it contains 39 established AVAs. T.D. ATF-216 describes
the Central Coast viticultural area as extending from Santa Barbara to
the San Francisco Bay
[[Page 14794]]
area, and east to the California Coastal Ranges. The only
distinguishing feature of the California Coast AVA addressed in T.D.
ATF-216 is that all of the included counties experience marine climate
influence due to their proximity to the Pacific Ocean.
The Arroyo Seco AVA and the proposed expansion area are both
located within the Central Coast AVA. Cool marine breezes enter the
established AVA and the proposed expansion area from Monterey Bay via
the Salinas River and the Arroyo Seco. However, because of their
locations east of the Santa Lucas Mountains, neither the Arroyo Seco
AVA nor the proposed expansion area are as exposed to the marine air
and fog as the more western regions of the Central Coast AVA that are
closer to the ocean. Additionally, due to its much smaller size, the
topographical features of the proposed expansion area are more uniform
than the diverse features of the large, multicounty Central Coast AVA,
and are more similar to the topographical features of the Arroyo Seco
AVA, which is located on the same sloping bench lands and terraces
along the Arroyo Seco as the proposed expansion area.
TTB Determination
TTB concludes that the petition to expand the boundaries of the
established Arroyo Seco 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 Arroyo Seco
AVA, the petitioner provided a copy of the required map, and it is
listed below in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. 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 Arroyo Seco AVA would
not affect any other existing viticultural area. The expansion of the
Arroyo Seco AVA would allow vintners to use ``Arroyo Seco'' 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 Arroyo Seco AVA as proposed. TTB is
specifically interested in receiving comments on the similarity of the
proposed expansion area to the established Arroyo Seco AVA, as well as
the differences between the proposed expansion area and the areas
outside the Arroyo Seco 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-
XXXX on ``Regulations.gov,'' the Federal e-rulemaking portal, at https://www.regulations.gov. A direct link to that docket is available under
Notice No. XXX 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. XXX 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-2018-0003 on the Federal e-
rulemaking portal, Regulations.gov, at https://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. 172. 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.
[[Page 14795]]
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-
x11-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 9.59 is amended by revising paragraphs (c) introductory text
and (c)(1), redesignating paragraphs (c)(2) through (c)(21) as
paragraphs (c)(3) through (c)(22), and adding new paragraph (c)(2) to
read as follows:
Sec. 9.59 Arroyo Seco.
* * * * *
(c) Boundaries. The Arroyo Seco viticultural area is located in
Monterey County, California. The beginning point is found on the
``Sycamore Flat'' U.S.G.S. map at the intersection of Jamesburg Road
(known locally as Carmel Valley Road) and Arroyo Seco Road, near the
intersection of sections 21, 22, 28, and 27, T.19 S., R. 5 E. From the
beginning point, proceed southwesterly along Arroyo Seco Road to its
intersection with Piney Creek.
(1) Then southeasterly along Piney Creek to its confluence with the
Arroyo Seco in section 27, T. 19 S., R. 5 E.
(2) Then northerly along the Arroyo Seco to its intersection with
the southern boundary of section 22, T. 19 S., R 5 E.
* * * * *
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. 2018-07093 Filed 4-5-18; 8:45 am]
BILLING CODE 4810-31-P