Establishment of the Alisos Canyon Viticultural Area, 52271-52274 [2020-16933]
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Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations
reference action under Title 1 Code of
Federal Regulations part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
FOR FURTHER INFORMATION CONTACT:
Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center,
Operations Support Group, 2200 S
216th Street, Des Moines, WA 98198;
telephone (206) 231–3695.
SUPPLEMENTARY INFORMATION:
History
The FAA published a final rule in the
Federal Register (85 FR 44467; July 23,
2020) for Docket FAA–2020–0350
amending Class E airspace designated as
a surface area. Class E airspace
extending upward from 700 feet above
the surface and Class E airspace
extending upward from 1,200 feet above
the surface. Subsequent to publication,
the FAA identified the spelling errors
within the airport’s name throughout
the document. This action corrects
spelling errors.
Class E2, and E5 airspace designations
are published in paragraph 6002, and
6005, respectively, of FAA Order
7400.11D, dated August 8, 2019, and
effective September 15, 2019, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
Correction to Final Rule
Accordingly, pursuant to the
authority delegated to me, Amendment
of the Class E Airspace; Kotzebue, AK,
published in the Federal Register of
July 23, 2020 (85 FR 44467), FR Doc.
2020–15930, is corrected as follows:
§ 71.1
[Corrected]
1. On page 44467, in the third column,
in the Summary section, in the first
paragraph, the airport name is corrected
from Ralph Wein Memorial airport to
Ralph Wien Memorial Airport.
■
§ 71.1
[Corrected]
2. On page 44468, in the first column,
in the Authority for This Rulemaking
section, the airport name is corrected
from Ralph Wein Memorial airport to
Ralph Wien Memorial Airport.
■
§ 71.1
[Corrected]
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[Corrected]
4. On page 44468, in the second
column, in The Rule section, in the first
■
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§ 71.1
[Corrected]
5. On page 44468, in the second
column, in The Rule section, in the
second paragraph, the airport name is
corrected from Ralph Wein Memorial
airport to Ralph Wien Memorial Airport.
■
Issued in Seattle, Washington, on August
19, 2020.
B. G. Chew,
Acting Group Manager, Western Service
Center, Operations Support Group.
[FR Doc. 2020–18538 Filed 8–24–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2019–0007; T.D. TTB–
1611; Ref: Notice No. 185]
RIN 1513–AC51
Establishment of the Alisos Canyon
Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) establishes the
approximately 5,774-acre ‘‘Alisos
Canyon’’ viticultural area in Santa
Barbara County, California. The Alisos
Canyon viticultural area is located
entirely within the existing 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.
DATES: This final rule is effective
September 24, 2020.
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. 2175.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background on Viticultural Areas
3. On page 44468, in the first column,
in the History section, in the first
paragraph, the airport name is corrected
from Ralph Wein Memorial airport to
Ralph Wien Memorial Airport.
■
§ 71.1
paragraph, the airport name is corrected
from Ralph Wein Memorial airport to
Ralph Wien Memorial Airport.
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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,
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52271
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 the functions
and duties in the administration and
enforcement of these provisions to the
TTB Administrator through Treasury
Order 120–01, dated December 10, 2013
(superseding Treasury Order 120–01,
dated January 24, 2003).
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 to TTB 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 an AVA
and provides that any interested party
may petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes standards for petitions for the
establishment or modification of AVAs.
Petitions to establish an AVA must
include the following:
• Evidence that the area within the
proposed AVA boundary is nationally
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Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
• If the proposed AVA is to be
established within, or overlapping, an
existing AVA, an explanation that both
identifies the attributes of the proposed
AVA that are consistent with the
existing AVA and explains how the
proposed AVA is sufficiently distinct
from the existing AVA and therefore
appropriate for separate recognition;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
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Alisos Canyon Petition
TTB received a petition from Wesley
D. Hagen, on behalf of local vineyard
owners and winemakers, proposing the
establishment of the ‘‘Alisos Canyon’’
AVA in Santa Barbara County,
California. The proposed Alisos Canyon
AVA lies entirely within the established
Central Coast AVA (27 CFR 9.75).
Within the 5,774-acre proposed AVA,
there are currently 9 producing
commercial vineyards, which cover a
total of approximately 238 acres. There
is also one winery within the proposed
AVA. According to the petition, the
distinguishing features of the proposed
Alisos Canyon AVA include its climate
and soils. The petition also listed
topography and geology as
distinguishing features. However, based
on the petition’s descriptions,
topography and geology appear to be too
integral to the region’s climate and soils,
respectively, to be considered separately
from those features. Therefore, TTB
does not consider topography and
geology to be separate distinguishing
features of the proposed AVA.
The climate of the proposed Alisos
Canyon AVA is affected by cool marine
air which travels into the proposed AVA
via the drainage system of San Antonio
Creek. The proposed AVA is located
approximately 25 miles from the Pacific
Ocean and is situated in a transitional
region, between the cooler coastal
regions and the warmer inland areas.
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Growing degree day accumulations 1
within the proposed Alisos Canyon
AVA are higher than those of the
regions to the northwest and southwest,
which are closer to the ocean, and lower
than those in the more inland regions to
the south and east. The region due north
of the proposed AVA also has higher
growing degree day accumulations due
to its location east of ridges and hills
which trap warm air and block cool
marine air from entering the region.
According to the petition, the proposed
AVA’s location is a ‘‘Goldilocks Rhone
Zone,’’ meaning that temperatures are
neither too hot nor too cold for growing
Rhone wine varietals such as Syrah,
which is the most common varietal
grown in the proposed AVA.
Soils within the proposed Alisos
Canyon AVA are primarily derived from
sandstone and shale. The most common
soils are the Paso Robles Formation and
Careaga Sandstone, which comprise 63
percent and 13 percent of the total soils,
respectively. High calcium content from
shale pebbles increases the thickness of
the skins of red varietal wine grapes,
which in turn increases the color and
tannin levels in the resulting wine. High
sand content provides excellent
drainage for vineyards, thus reducing
the risks from certain pests such as
nematodes and phylloxera. The low clay
content of Careaga Sandstone soils
reduces the uptake of nutrients and
reduces the vigor of the vines, resulting
in smaller grapes with a higher skin-tojuice ratio than grapes of the same
varietal grown in different soils with
higher clay content.
To the north of the proposed AVA,
within the Santa Maria Valley, the soils
have sandier top soils. South of the
proposed Alisos Canyon AVA, the soils
are characterized by Metz fine sandy
loam. To the east of the proposed AVA,
the soils are primarily derived from
serpentine and chert. To the west of the
proposed AVA, the soils are described
as deep, sandy soils of the Shedd,
Chamise, and Point Sal Formation
series.
Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 185 in the
Federal Register on October 15, 2019
(84 FR 55082), proposing to establish
the Alisos Canyon AVA. In the notice,
1 See Albert J. Winkler et al., General Viticulture
(Berkeley: University of California Press, 2nd ed.
1974), pages 61–64. In the Winkler climate
classification system, annual heat accumulation
during the growing season, measured in annual
growing degree days (GDDs), defines climatic
regions. One GDD accumulates for each degree
Fahrenheit that a day’s mean temperature is above
50 degrees, the minimum temperature required for
grapevine growth.
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TTB summarized the evidence from the
petition regarding the name, boundary,
and distinguishing features for the
proposed AVA. The notice also
compared the distinguishing features of
the proposed AVA to the surrounding
areas. For a detailed description of the
evidence relating to the name,
boundary, and distinguishing features of
the proposed AVA, and for a detailed
comparison of the distinguishing
features of the proposed AVA to the
surrounding areas, see Notice No. 185.
In Notice No. 185, TTB solicited
comments on the accuracy of the name,
boundary, and other required
information submitted in support of the
petition. In addition, given the proposed
Alisos Canyon AVA’s location within
the Central Coast AVA, TTB solicited
comments on whether the evidence
submitted in the petition regarding the
distinguishing features of the proposed
AVA sufficiently differentiates it from
the established AVA. TTB also
requested comments on whether the
geographic features of the proposed
AVA are so distinguishable from the
established AVA that the proposed AVA
should no longer be part of the
established AVA. The comment period
closed December 16, 2019.
In response to Notice No. 185, TTB
received a total of 18 comments.
Commenters included the co-authors of
the petition, local wine industry
members, and members of the public
who did not state an affiliation. All of
the comments support the establishment
of the proposed Alisos Canyon AVA,
with most comments being an
expression of general support. A few
comments expressed agreement with the
petition’s description of the proposed
AVA’s soils and microclimate. None of
the comments mentioned the proposed
AVA’s location within the established
Central Coast AVA.
TTB Determination
After careful review of the petition
and the comments received in response
to Notice No. 185, TTB finds that the
evidence provided by the petitioner
supports the establishment of the Alisos
Canyon AVA. Accordingly, under the
authority of the FAA Act, section
1111(d) of the Homeland Security Act of
2002, and parts 4 and 9 of the TTB
regulations, TTB establishes the ‘‘Alisos
Canyon’’ AVA in Santa Barbara County,
California, effective 30 days from the
publication date of this document.
TTB has also determined that the
Alisos Canyon AVA will remain part of
the established Central Coast AVA. As
discussed in Notice No. 185, the Alisos
Canyon AVA shares some broad
characteristics with the established
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AVA. For example, the proposed AVA
has a marine-influenced climate that
moderates growing season temperatures.
A marine-influenced climate is also the
basic viticultural feature of the Central
Coast AVA. However, due to its smaller
size, the Alisos Canyon AVA
experiences a much smaller range of
growing degree day accumulations
within its proposed boundaries than the
diverse, multicounty Central Coast
AVA. It also has fewer soil types than
the Central Coast AVA.
Boundary Description
See the narrative description of the
boundary of the Alisos Canyon AVA in
the regulatory text published at the end
of this final rule.
Maps
The petitioners provided the required
maps, and they are listed below in the
regulatory text. The Alisos Canyon AVA
boundary may also be viewed on the
AVA Map Explorer on the TTB website,
at https://www.ttb.gov/wine/ava-mapexplorer.
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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
or with a brand name that includes an
AVA name, at least 85 percent of the
wine must be derived from grapes
grown within the area represented by
that name, and the wine must meet the
other conditions listed in 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
27 CFR 4.39(i)(2) for details.
With the establishment of the Alisos
Canyon AVA, its name, ‘‘Alisos
Canyon,’’ will be recognized as a name
of viticultural significance under
§ 4.39(i)(3) of the TTB regulations (27
CFR 4.39(i)(3)). The text of the
regulations clarifies this point.
Consequently, wine bottlers using the
name ‘‘Alisos Canyon’’ in a brand name,
including a trademark, or in another
label reference as to the origin of the
wine, will have to ensure that the
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product is eligible to use the AVA name
as an appellation of origin.
The establishment of the Alisos
Canyon AVA will not affect the existing
Central Coast AVA, and any bottlers
using ‘‘Central Coast’’ as an appellation
of origin or in a brand name for wines
made from grapes grown within the
Central Coast AVA will not be affected
by the establishment of this new AVA.
The establishment of the Alisos Canyon
AVA will allow vintners to use ‘‘Alisos
Canyon’’ and ‘‘Central Coast’’ as
appellations of origin for wines made
primarily from grapes grown within the
Alisos Canyon AVA if the wines meet
the eligibility requirements for the
appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will
not have a significant economic impact
on a substantial number of small
entities. The regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of 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 final
rule is not a significant regulatory action
as defined by Executive Order 12866 of
September 30, 1993. Therefore, no
regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this final
rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, TTB amends title 27, chapter
I, part 9, Code of Federal Regulations, as
follows:
PART 9—AMERICAN VITICULTURAL
AREAS
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. Subpart C is amended by adding
§ 9.270 to read as follows:
■
§ 9.270
Alisos Canyon.
(a) Name. The name of the viticultural
area described in this section is ‘‘Alisos
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52273
Canyon’’. For purposes of part 4 of this
chapter, ‘‘Alisos Canyon’’ is a term of
viticultural significance.
(b) Approved maps. The two United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Alisos
Canyon viticultural area are titled:
(1) Foxen Canyon, CA, 1995; and
(2) Zaca Creek, Calif., 1959.
(c) Boundary. The Alisos Canyon
viticultural area is located in Santa
Barbara County, California. The
boundary of the Alisos Canyon
viticultural area is as described below:
(1) The beginning point is on the
Foxen Canyon map at an unnamed
hilltop with a marked elevation of 1,137
feet, located west of the Can˜ada de los
Coches in the La Laguna Grant. From
the beginning point, proceed east in a
straight line for 3.71 miles to the
intersection of two unnamed,
unimproved roads north of Rancho San
Juan; then
(2) Proceed east-southeast in a straight
line for approximately 1.2 miles to an
unnamed hilltop with a marked
elevation of 1,424 feet in the La Laguna
Grant; then
(3) Proceed southwest in a straight
line for approximately 1.7 miles,
crossing onto the Zaca Creek map, to a
point designated ‘‘Oil,’’ adjacent to the
north fork of San Antonio Creek and the
intersection of three unnamed light-duty
roads in the Can˜ada del Comasa, La
Laguna Grant; then
(4) Proceed west-southwest in a
straight line for approximately 1.56
miles to the intersection of the north
fork of San Antonio Creek and the 800foot elevation contour in the Can˜ada del
Comasa, La Laguna Grant; then
(5) Proceed west in a straight line 1.95
miles to an unnamed rectangular
structure northeast of the terminus of an
unnamed, unimproved road north of
U.S. Highway 101 and BM 684 in the La
Laguna Grant; then
(6) Proceed northwesterly in a straight
line 0.32 mile to the intersection of
Alisos Canyon Road and an unnamed,
unimproved road east of the Can˜ada de
los Coches in the La Laguna Grant; then
(7) Proceed north-northwest in a
straight line for 1.68 miles, crossing
onto the Foxen Canyon map, to an
unnamed hilltop with a marked
elevation of 997 feet in the La Laguna
Grant; then
(8) Proceed northeast in a straight line
for 0.5 mile to return to the beginning
point.
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Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations
Signed: April 15, 2020.
Mary G. Ryan,
Acting Administrator.
Approved: July 28, 2020.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
[FR Doc. 2020–16933 Filed 8–24–20; 8:45 am]
BILLING CODE 4810–31–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2017–0575; FRL–10012–
90]
RIN 2070–AB27
Revocation of Significant New Use
Rule for a Certain Chemical Substance
(P–16–581)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is revoking the
significant new use rule (SNUR) issued
under the Toxic Substances Control Act
(TSCA) for the chemical substance
identified generically as alpha 1-, 3polysaccharide, which was the subject
of premanufacture notice (PMN) P–16–
581. EPA issued a SNUR based on this
PMN which designated certain activities
as significant new uses. EPA is revoking
the SNUR based on new test data for the
chemical substance.
DATES: This rule is effective September
24, 2020. For purposes of judicial
review, this rule shall be promulgated at
1 p.m. (EST) on September 8, 2020.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Kenneth
Moss, Chemical Control Division, Office
of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: 202–
564–9232; email address:
moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave. Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
or use the chemical substances
contained in this rule. The following list
of North American Industrial
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16:10 Aug 24, 2020
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Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Manufacturers or processors of one
or more subject chemical substances
(NAICS codes 325 and 324110), e.g.,
chemical manufacturing and petroleum
refineries.325 and 324110), e.g.,
chemical manufacturing and petroleum
refineries.
To determine whether you or your
business may be affected by this action,
you should carefully examine the
applicability provisions in § 721.5. If
you have any questions regarding the
applicability of this action to a
particular entity, consult the technical
person listed under FOR FURTHER
INFORMATION CONTACT.
This action may also affect certain
entities through pre-existing import
certification and export notification
rules under TSCA. Chemical importers
are subject to the TSCA section 13 (15
U.S.C. 2612) import certification
requirements promulgated at 19 CFR
12.118 through 12.127 and 19 CFR
127.28. Chemical importers must certify
that the shipment of the chemical
substance complies with all applicable
rules and orders under TSCA. The EPA
policy in support of import certification
appears at 40 CFR part 707, subpart B.
In addition, persons who export or
intend to export the chemical that is the
subject of this revocation will no longer
be subject to the TSCA section 12(b)(15
U.S.C. 2611(b)) export notification
requirements at 40 CFR part 707 that are
currently triggered by the SNUR that is
being revoked.
B. How can I access the docket?
The docket includes information
considered by the Agency in developing
the proposed and final rules. The docket
for this action, identified by docket
identification (ID) number EPA–HQ–
OPPT–2019–0595, is available at https://
www.regulations.gov or at the Office of
Pollution Prevention and Toxics Docket
(OPPT Docket), Environmental
Protection Agency Docket Center (EPA/
DC), West William Jefferson Clinton
Bldg., Rm. 3334, 1301 Constitution Ave.
NW, Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Please review the visitor
instructions and additional information
about the docket that is available at
https://www.epa.gov/dockets.
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II. Background
A. What action is the Agency taking?
In the April 5, 2019 Federal Register
(84 FR 13531) (FRL–9991–19), EPA
promulgated a SNUR at 40 CFR
721.11193 for the chemical substance
identified generically as alpha 1-, 3polysaccharide (P–16–581). The SNUR
designated certain activities as
significant new uses. After that date,
EPA received new data on the
biosolubility of the chemical substance.
Based on its review of these data, EPA
proposed a revocation of the SNUR in
the April 1, 2020 Federal Register (85
FR 18179) (FRL–10005–89). In Unit II.A.
of the proposed revocation, EPA
provides a description of the chemical
substance and the results of the
submitted biosolubility data, which
were the basis for revoking the SNUR
pursuant to 40 CFR 721.185. These new
data and EPA’s analysis are available in
the docket EPA–HQ–OPPT–2017–0575.
EPA has determined that the criteria
set forth in 40 CFR 721.185(a)(1) have
been satisfied for the chemical
substance. Therefore, EPA is revoking
the SNUR for this chemical substance.
The significant new use notification and
the recordkeeping requirements at 40
CFR 721.11193 will terminate upon the
effective date of this revocation. In
addition, export notification under
TSCA section 12(b) and 40 CFR part
707, subpart D, triggered by the SNUR
will no longer be required.
In addition, EPA is making a
corresponding change to 40 CFR part 9
to remove the entry from the table that
appears in 40 CFR 9.1. Under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), an agency may not
conduct or sponsor, and a person is not
required to respond to a collection of
information that requires OMB approval
under PRA, unless it has been approved
by OMB and displays a currently valid
OMB control number. The OMB control
numbers for EPA’s regulations in title 40
of the CFR, after appearing in the
Federal Register, are listed in 40 CFR
part 9, and included on the related
collection instrument or form, if
applicable. This listing of the OMB
control numbers and their subsequent
codification in the CFR satisfies the
display requirements of PRA and OMB’s
implementing regulations at 5 CFR part
1320. When promulgated, the SNUR
was added to the table in 40 CFR part
9, and it is now being removed to reflect
the revocation of the SNUR. EPA finds
that further notice and comment to
amend the table in 40 CFR 9.1 is
unnecessary. As a result, EPA finds that
there is ‘‘good cause’’ under section
553(b)(3)(B) of the Administrative
E:\FR\FM\25AUR1.SGM
25AUR1
]]>Agencies
[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Rules and Regulations]
[Pages 52271-52274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16933]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2019-0007; T.D. TTB-1611; Ref: Notice No. 185]
RIN 1513-AC51
Establishment of the Alisos Canyon Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes
the approximately 5,774-acre ``Alisos Canyon'' viticultural area in
Santa Barbara County, California. The Alisos Canyon viticultural area
is located entirely within the existing 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.
DATES: This final rule is effective September 24, 2020.
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. 2175.
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 the functions
and duties in the administration and enforcement of these provisions to
the TTB Administrator through Treasury Order 120-01, dated December 10,
2013 (superseding Treasury Order 120-01, dated January 24, 2003).
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 to TTB 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 an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
standards for petitions for the establishment or modification of AVAs.
Petitions to establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally
[[Page 52272]]
or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon;
If the proposed AVA is to be established within, or
overlapping, an existing AVA, an explanation that both identifies the
attributes of the proposed AVA that are consistent with the existing
AVA and explains how the proposed AVA is sufficiently distinct from the
existing AVA and therefore appropriate for separate recognition; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Alisos Canyon Petition
TTB received a petition from Wesley D. Hagen, on behalf of local
vineyard owners and winemakers, proposing the establishment of the
``Alisos Canyon'' AVA in Santa Barbara County, California. The proposed
Alisos Canyon AVA lies entirely within the established Central Coast
AVA (27 CFR 9.75).
Within the 5,774-acre proposed AVA, there are currently 9 producing
commercial vineyards, which cover a total of approximately 238 acres.
There is also one winery within the proposed AVA. According to the
petition, the distinguishing features of the proposed Alisos Canyon AVA
include its climate and soils. The petition also listed topography and
geology as distinguishing features. However, based on the petition's
descriptions, topography and geology appear to be too integral to the
region's climate and soils, respectively, to be considered separately
from those features. Therefore, TTB does not consider topography and
geology to be separate distinguishing features of the proposed AVA.
The climate of the proposed Alisos Canyon AVA is affected by cool
marine air which travels into the proposed AVA via the drainage system
of San Antonio Creek. The proposed AVA is located approximately 25
miles from the Pacific Ocean and is situated in a transitional region,
between the cooler coastal regions and the warmer inland areas. Growing
degree day accumulations \1\ within the proposed Alisos Canyon AVA are
higher than those of the regions to the northwest and southwest, which
are closer to the ocean, and lower than those in the more inland
regions to the south and east. The region due north of the proposed AVA
also has higher growing degree day accumulations due to its location
east of ridges and hills which trap warm air and block cool marine air
from entering the region. According to the petition, the proposed AVA's
location is a ``Goldilocks Rhone Zone,'' meaning that temperatures are
neither too hot nor too cold for growing Rhone wine varietals such as
Syrah, which is the most common varietal grown in the proposed AVA.
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\1\ See Albert J. Winkler et al., General Viticulture (Berkeley:
University of California Press, 2nd ed. 1974), pages 61-64. In the
Winkler climate classification system, annual heat accumulation
during the growing season, measured in annual growing degree days
(GDDs), defines climatic regions. One GDD accumulates for each
degree Fahrenheit that a day's mean temperature is above 50 degrees,
the minimum temperature required for grapevine growth.
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Soils within the proposed Alisos Canyon AVA are primarily derived
from sandstone and shale. The most common soils are the Paso Robles
Formation and Careaga Sandstone, which comprise 63 percent and 13
percent of the total soils, respectively. High calcium content from
shale pebbles increases the thickness of the skins of red varietal wine
grapes, which in turn increases the color and tannin levels in the
resulting wine. High sand content provides excellent drainage for
vineyards, thus reducing the risks from certain pests such as nematodes
and phylloxera. The low clay content of Careaga Sandstone soils reduces
the uptake of nutrients and reduces the vigor of the vines, resulting
in smaller grapes with a higher skin-to-juice ratio than grapes of the
same varietal grown in different soils with higher clay content.
To the north of the proposed AVA, within the Santa Maria Valley,
the soils have sandier top soils. South of the proposed Alisos Canyon
AVA, the soils are characterized by Metz fine sandy loam. To the east
of the proposed AVA, the soils are primarily derived from serpentine
and chert. To the west of the proposed AVA, the soils are described as
deep, sandy soils of the Shedd, Chamise, and Point Sal Formation
series.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 185 in the Federal Register on October 15,
2019 (84 FR 55082), proposing to establish the Alisos Canyon AVA. In
the notice, TTB summarized the evidence from the petition regarding the
name, boundary, and distinguishing features for the proposed AVA. The
notice also compared the distinguishing features of the proposed AVA to
the surrounding areas. For a detailed description of the evidence
relating to the name, boundary, and distinguishing features of the
proposed AVA, and for a detailed comparison of the distinguishing
features of the proposed AVA to the surrounding areas, see Notice No.
185.
In Notice No. 185, TTB solicited comments on the accuracy of the
name, boundary, and other required information submitted in support of
the petition. In addition, given the proposed Alisos Canyon AVA's
location within the Central Coast AVA, TTB solicited comments on
whether the evidence submitted in the petition regarding the
distinguishing features of the proposed AVA sufficiently differentiates
it from the established AVA. TTB also requested comments on whether the
geographic features of the proposed AVA are so distinguishable from the
established AVA that the proposed AVA should no longer be part of the
established AVA. The comment period closed December 16, 2019.
In response to Notice No. 185, TTB received a total of 18 comments.
Commenters included the co-authors of the petition, local wine industry
members, and members of the public who did not state an affiliation.
All of the comments support the establishment of the proposed Alisos
Canyon AVA, with most comments being an expression of general support.
A few comments expressed agreement with the petition's description of
the proposed AVA's soils and microclimate. None of the comments
mentioned the proposed AVA's location within the established Central
Coast AVA.
TTB Determination
After careful review of the petition and the comments received in
response to Notice No. 185, TTB finds that the evidence provided by the
petitioner supports the establishment of the Alisos Canyon AVA.
Accordingly, under the authority of the FAA Act, section 1111(d) of the
Homeland Security Act of 2002, and parts 4 and 9 of the TTB
regulations, TTB establishes the ``Alisos Canyon'' AVA in Santa Barbara
County, California, effective 30 days from the publication date of this
document.
TTB has also determined that the Alisos Canyon AVA will remain part
of the established Central Coast AVA. As discussed in Notice No. 185,
the Alisos Canyon AVA shares some broad characteristics with the
established
[[Page 52273]]
AVA. For example, the proposed AVA has a marine-influenced climate that
moderates growing season temperatures. A marine-influenced climate is
also the basic viticultural feature of the Central Coast AVA. However,
due to its smaller size, the Alisos Canyon AVA experiences a much
smaller range of growing degree day accumulations within its proposed
boundaries than the diverse, multicounty Central Coast AVA. It also has
fewer soil types than the Central Coast AVA.
Boundary Description
See the narrative description of the boundary of the Alisos Canyon
AVA in the regulatory text published at the end of this final rule.
Maps
The petitioners provided the required maps, and they are listed
below in the regulatory text. The Alisos Canyon AVA boundary may also
be viewed on the AVA Map Explorer on the TTB website, at https://www.ttb.gov/wine/ava-map-explorer.
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 or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in 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 27 CFR 4.39(i)(2) for details.
With the establishment of the Alisos Canyon AVA, its name, ``Alisos
Canyon,'' will be recognized as a name of viticultural significance
under Sec. 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The
text of the regulations clarifies this point. Consequently, wine
bottlers using the name ``Alisos Canyon'' in a brand name, including a
trademark, or in another label reference as to the origin of the wine,
will have to ensure that the product is eligible to use the AVA name as
an appellation of origin.
The establishment of the Alisos Canyon AVA will not affect the
existing Central Coast AVA, and any bottlers using ``Central Coast'' as
an appellation of origin or in a brand name for wines made from grapes
grown within the Central Coast AVA will not be affected by the
establishment of this new AVA. The establishment of the Alisos Canyon
AVA will allow vintners to use ``Alisos Canyon'' and ``Central Coast''
as appellations of origin for wines made primarily from grapes grown
within the Alisos Canyon AVA if the wines meet the eligibility
requirements for the appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of 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 final rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.270 to read as follows:
Sec. 9.270 Alisos Canyon.
(a) Name. The name of the viticultural area described in this
section is ``Alisos Canyon''. For purposes of part 4 of this chapter,
``Alisos Canyon'' is a term of viticultural significance.
(b) Approved maps. The two United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Alisos Canyon viticultural area are titled:
(1) Foxen Canyon, CA, 1995; and
(2) Zaca Creek, Calif., 1959.
(c) Boundary. The Alisos Canyon viticultural area is located in
Santa Barbara County, California. The boundary of the Alisos Canyon
viticultural area is as described below:
(1) The beginning point is on the Foxen Canyon map at an unnamed
hilltop with a marked elevation of 1,137 feet, located west of the
Ca[ntilde]ada de los Coches in the La Laguna Grant. From the beginning
point, proceed east in a straight line for 3.71 miles to the
intersection of two unnamed, unimproved roads north of Rancho San Juan;
then
(2) Proceed east-southeast in a straight line for approximately 1.2
miles to an unnamed hilltop with a marked elevation of 1,424 feet in
the La Laguna Grant; then
(3) Proceed southwest in a straight line for approximately 1.7
miles, crossing onto the Zaca Creek map, to a point designated ``Oil,''
adjacent to the north fork of San Antonio Creek and the intersection of
three unnamed light-duty roads in the Ca[ntilde]ada del Comasa, La
Laguna Grant; then
(4) Proceed west-southwest in a straight line for approximately
1.56 miles to the intersection of the north fork of San Antonio Creek
and the 800-foot elevation contour in the Ca[ntilde]ada del Comasa, La
Laguna Grant; then
(5) Proceed west in a straight line 1.95 miles to an unnamed
rectangular structure northeast of the terminus of an unnamed,
unimproved road north of U.S. Highway 101 and BM 684 in the La Laguna
Grant; then
(6) Proceed northwesterly in a straight line 0.32 mile to the
intersection of Alisos Canyon Road and an unnamed, unimproved road east
of the Ca[ntilde]ada de los Coches in the La Laguna Grant; then
(7) Proceed north-northwest in a straight line for 1.68 miles,
crossing onto the Foxen Canyon map, to an unnamed hilltop with a marked
elevation of 997 feet in the La Laguna Grant; then
(8) Proceed northeast in a straight line for 0.5 mile to return to
the beginning point.
[[Page 52274]]
Signed: April 15, 2020.
Mary G. Ryan,
Acting Administrator.
Approved: July 28, 2020.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2020-16933 Filed 8-24-20; 8:45 am]
BILLING CODE 4810-31-P
