Proposed Establishment of the Yucaipa Valley Viticultural Area, 57657-57661 [2022-20404]

Download as PDF 57657 Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Proposed Rules HUD STATUTORY AND REGULATORY AUTHORITY FOR IMPOSITION OF CIVIL MONEY PENALTIES—Continued Statutory citation Ginnie Mae Issuers & Custodians Violations .............................. Title I Broker & Dealers Violations .............................................. Lead Disclosure Violation ............................................................ HUD Reform Act of 1989 (12 U.S.C. 1723i(a)) .......................... HUD Reform Act of 1989 (12 U.S.C. 1703) ............................... Title X—Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852d(b)(1)). Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437z–1(b)(2)). The Lobbying Disclosure Act of 1995 (31 U.S.C. 1352) ............ Fair Housing Act (42 U.S.C. 3612(g)(3)) .................................... Housing Community Development Act of 1974 (42 U.S.C. 5410). Section 8 Owners Violations ....................................................... Lobbying Violation ....................................................................... Fair Housing Act Civil Penalties .................................................. Manufactured Housing Regulations Violation ............................. II. This Document This document announces that HUD is considering revising its implementation of the 2015 Act by providing that the adjusted penalty amounts would apply to penalties assessed after the publication of the adjustment, rather than to violations occurring after publication of the adjustment, as long as the violation occurred after the enactment of the 2015 Act. HUD is considering applying the inflation-adjusted penalty amounts in this manner after revisiting Section 6 of the 2015 Act which provides that an ‘‘increase under this Act in a civil monetary penalty shall apply only to civil monetary penalties, including those whose associated violation predate such increase, which are assessed after the date the increase takes effect.’’ 28 U.S.C. 2461, note. The Office of Management and Budget (‘‘OMB’’) guidance (M–22–07) which provides the 2022 inflation multiplier also provides that the adjusted penalty applies to ‘‘penalties assessed after the effective date of the applicable adjustment’’.2 Finally, a review of the penalty adjustments published by other federal agencies suggests that they apply the inflation-adjusted penalty amounts to penalties assessed after the date of the increase as long as the violation occurred after the enactment of the 2015 Act. khammond on DSKJM1Z7X2PROD with PROPOSALS Regulatory citation (24 CFR) Description III. Request for Public Comments In considering the forthcoming 2023 fiscal year, HUD is considering whether to revise its implementation of the 2015 Act to apply inflation-adjusted penalty amounts on the date the penalty is assessed, rather than the earlier date of 2 December 15, 2021, Memorandum for the Heads of Executive Departments and Agencies (M–22–07) from Shalanda D. Young, Acting Director, Office of Management and Budget, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (OMB Memorandum), at 4. VerDate Sep<11>2014 17:00 Sep 20, 2022 Jkt 256001 the violation, and is requesting public comment. HUD is interested in the impact of such a change, as well as the impact of applying the inflationadjusted penalty to the date of assessment for some, but not all, programs. Damon Smith, General Counsel. [FR Doc. 2022–20311 Filed 9–20–22; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [Docket No. TTB–2022–0008; Notice No. 214] RIN 1513–AC85 Proposed Establishment of the Yucaipa Valley Viticultural Area Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Notice of proposed rulemaking. AGENCY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 36,467-acre ‘‘Yucaipa Valley’’ viticultural area in San Bernardino County, in California. The proposed viticultural area is not within any other established viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on this proposed addition to its regulations. SUMMARY: Comments must be received by November 21, 2022. ADDRESSES: You may electronically submit comments to TTB on this proposal using the comment form for this document posted within Docket No. DATES: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 § 30.50. § 30.60. § 30.65. § 30.68. § 87.400. § 180.671(a). § 3282.10. TTB–2022–0008 on the Regulations.gov website at https://www.regulations.gov. At the same location, you also may view copies of this document, the related petition and selected supporting materials, and any comments TTB receives on this proposal. A direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/ notices-of-proposed-rulemaking under Notice No. 214. Alternatively, you may submit comments via postal mail to the Director, Regulations and Ruling Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005. Please see the Public Participation section of this document for further information on the comments requested on this proposal and on the submission, confidentiality, and public disclosure of comments. 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). In addition, the Secretary of the Treasury has delegated certain administrative and E:\FR\FM\21SEP1.SGM 21SEP1 57658 Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Proposed Rules enforcement authorities to TTB through Treasury Order 120–01. 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, once approved, a name and a delineated boundary codified 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. khammond on DSKJM1Z7X2PROD with PROPOSALS Requirements Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2)) outlines the procedure for proposing an AVA and allows any interested party to 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 to establish or modify AVAs. Petitions to establish an AVA must include the following: • Evidence that the area within the proposed AVA boundary is nationally 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 VerDate Sep<11>2014 17:00 Sep 20, 2022 Jkt 256001 proposed AVA clearly drawn thereon; and • A detailed narrative description of the proposed AVA boundary based on USGS map markings. Yucaipa Valley Petition TTB received a petition from the Yucaipa Valley Wine Alliance, proposing the establishment of the ‘‘Yucaipa Valley’’ AVA. The proposed Yucaipa Valley AVA is located in San Bernardino County, California. The proposed AVA contains 36,467 acres, with approximately 23 vineyards and 2 wineries. Grape varietals grown within the proposed AVA include Cabernet Sauvignon, Merlot, Zinfandel, Syrah, Malbec, Nebbiolo, Barbera, and Petite Sirah. According to the petition, the distinguishing features of the proposed Yucaipa Valley AVA include its elevation and climate. Although the petition also included information about the soils of the proposed AVA, TTB has not included soils in the discussion of distinguishing features. The petition states that areas to the west, northwest, south, southeast and east have soils similar to those of the proposed AVA, and the petition does not include an adequate comparison of soils in the proposed AVA with soils in areas to the north, northeast, and southwest. Unless otherwise noted, all information and data pertaining to the proposed AVA contained in this document are from the petition for the proposed Yucaipa Valley AVA and its supporting exhibits. Name Evidence The petition notes that, although the town of Yucaipa is located within the proposed Yucaipa Valley AVA, the region was known as the ‘‘Yucaipa Valley’’ long before the town’s incorporation in 1989. As evidence of the long-term use of the name, the petition included a copy of an advertisement from 1910 announcing prime agricultural land for sale in the region of the proposed AVA. The advertisement claims, ‘‘There is no better apple country than the Yucaipa Valley.’’ 1 The petition also included a 1920 article titled ‘‘Yucaipa Valley Scores as Apple Producer.’’ 2 A 1925 article about the Yucaipa Apple Festival notes that President William Taft thanked the festival organizers for a box of ‘‘Yucaipa Valley’’ apples they sent to 1 Sunset Homeseeker’s Bureau of Information, 1910, volume 24, page 871. 2 Killingsworth, K.S. ‘‘Yucaipa Valley Scores as Apple Producer.’’ Pacific Rural Press, April 16, 1920: page 592. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 him.3 By the 1950s, the region was promoting itself to visitors with a billboard proclaiming ‘‘Welcome to Yucaipa Valley.’’ 4 The petition included information regarding the current use of the name ‘‘Yucaipa Valley’’ to describe the region of the proposed AVA. For example, sports organizations and facilities serving the region include the Yucaipa Valley Golf Club, Yucaipa Valley Youth Soccer Organization, and the Yucaipa Valley National League and Yucaipa Valley American League divisions of Little League Baseball. Organizations within the region include the Yucaipa Valley Historical Society, Yucaipa Valley Lions Club, Yucaipa Valley Amateur Radio Club, and the Yucaipa Valley Spanish Church. Other businesses include the Yucaipa Valley Center shopping center, Yucaipa Valley Optometry, and the Yucaipa Valley Manufactured Home Community. Boundary Evidence The proposed Yucaipa Valley AVA is a region of rolling hills in the foothills of the San Bernardino Mountains. The petition states that the boundaries of the region known historically as the Yucaipa Valley are clearly delineated by the Yucaipa Valley Historical Society to mean the boundaries of Yucaipa, Oak Glen, and Calimesa.5 The proposed AVA includes the incorporated municipalities of Yucaipa and Calimesa and unincorporated areas of Oak Glen, as well as surrounding county areas with natural borders. The proposed northern boundary follows a series of section lines on the USGS maps, as well as elevation contours, to separate the proposed AVA from the steeper slopes of the Yucaipa Ridge mountain range. The proposed eastern boundary largely follows Little San Gorgonio Creek to separate the proposed AVA from regions that traditionally have not been associated with the region known as the ‘‘Yucaipa Valley.’’ The southern boundary follows a series of roads to separate the proposed AVA from the towns of Cherry Valley and Beaumont, while the proposed western boundary generally follows land tract boundaries. Distinguishing Features The distinguishing features of the proposed Yucaipa Valley AVA include its elevation and climate. 3 Sanders, J.R. Images of America: Oak Glen Los Rios Ranchos. Arcadia Publishing, 2006. 4 City of Yucaipa Hazard Mitigation Plan, August 8, 2016, page 7. 5 www.yucaipahistory.org. E:\FR\FM\21SEP1.SGM 21SEP1 Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Proposed Rules Elevation Elevations within the proposed Yucaipa Valley AVA range from 2,000 to 4,600 feet. According to the petition, the high elevations affect viticulture. At high elevations, sunlight becomes more concentrated. As a result, grapes receive a ‘‘tan,’’ which results in thicker skin than the same varietals grown at lower elevations would have. The petition states that thick skins contribute to the color and tannin levels of the resulting wine and protect developing grapes from the dramatic climate shifts that can occur in high altitude vineyards. To the immediate north and northeast of the proposed AVA is the mountain range known as the Yucaipa Ridge, which has steep slopes that generate elevations up to 2,000 feet higher than the northern boundary of the proposed AVA at each point. The region east of the proposed AVA has elevations similar to those within the proposed AVA. However, the petition states that the region to the east is not included in the proposed AVA because it is largely uninhabited and undeveloped, has few roads, and does not have historical ties to the region known as the Yucaipa Valley. Furthermore, according to the USGS maps included in the petition, the region to the east of the proposed AVA is largely covered by the San Bernardino National Forest, which is not available for commercial viticulture due to its status as a National Forest. Cherry Valley and Beaumont to the south and southeast have elevations similar to those in the lower portions of the proposed AVA. To the south and southwest of the proposed AVA, in San Timoteo Canyon, elevations are lower, ranging from 1,600 to 2,000 feet. To the west of the proposed AVA is the Redlands Valley, which also has lower elevations ranging from 1,100 to 2,000 feet. Climate According to the petition, the proposed Yucaipa Valley AVA has a hot, dry climate suitable for growing grape varietals such as Cabernet Sauvignon, Merlot, Zinfandel, Syrah, Malbec, Nebbiolo, Barbera, and Petite Sirah. The petition included information on the average monthly high, average monthly low, monthly record high, and monthly record low temperatures from the city of Yucaipa, as well as from the region to the west and the region to the north-northeast of the proposed AVA. Within the city of Yucaipa, the average high temperature is 78.3 degrees Fahrenheit (F), and the average low temperature is 48.7 degrees F. August is typically the warmest month, with an average high of 97 degrees F, and December is typically the coolest month, with an average minimum temperature of 40 degrees F. The record high temperature in the city of Yucaipa is 114 degrees F, while the record low temperature is 11 degrees F. The city of Redlands, to the west of the proposed AVA, has slightly higher average high and low temperatures than the proposed AVA. The average high temperature is 79.6 degrees F, and the average low temperature is 50.5 degrees F. August is typically the warmest month in Redlands, with an average high of 96 degrees F, and December is typically the coolest month, with an average minimum temperature of 40 degrees F. The record high temperature in Redlands is 118 degrees F, and the record low temperature is 18 degrees F. To the north and northeast of the proposed AVA, the community of Forest Falls is typically cooler than the proposed AVA. The average high temperature is 61.5 degrees F, and the average low temperature is 40.9 degrees F. August is typically the warmest month, with an average high of 81 degrees F. The record high temperature is 106 degrees F, and the record low temperature is 5 degrees F. The petition also included information about precipitation amounts within the proposed Yucaipa Valley AVA and the surrounding 57659 regions. The city of Yucaipa receives an average cumulative rainfall of 4.14 inches during the growing season of April through October. The average precipitation amount for the city of Yucaipa during the winter months, November through March, is substantially greater, 15.35 inches, with an average of 1 inch being snow. Accumulations of snow accrue at higher elevations within the proposed AVA. According to the petition, the amount of snowfall and winter precipitation within the proposed AVA affects viticulture, even though the vines are dormant. First, the snow helps ensure continued vine dormancy and provides a ‘‘necessary rest’’ from continual growth. The precipitation also creates hydric reserves that are beneficial during the hot, dry summer months. Finally, the snow protects vines against fungi and pests that hide within the bark when temperatures become colder. To the west of the proposed AVA, the town of Redlands receives an average of 10.86 inches of winter precipitation. To the south of the proposed AVA, the city of Beaumont receives an average winter precipitation amount very similar to that of the proposed AVA. However, the petition states that because of the lower elevations, temperatures in Beaumont and Redlands seldom drop low enough for the precipitation to fall as snow. Although the region to the east of the proposed AVA has a winter climate similar to that of the proposed AVA, that region is outside of what has historically been called the Yucaipa Valley and is thus not included in the proposed AVA. Summary of Distinguishing Features In summary, the elevation and climate of the proposed Yucaipa Valley AVA distinguish it from the surrounding regions. The following table shows the characteristics of the proposed AVA compared to the features of the surrounding regions. TABLE—FEATURES OF PROPOSED AVA AND SURROUNDING REGIONS Features khammond on DSKJM1Z7X2PROD with PROPOSALS Region Elevation Climate Proposed Yucaipa Valley AVA ....... 2,000 to 4,600 feet ........................ North, Northeast .............................. Higher, mountainous elevations, up to 2,000 feet higher than the northern boundary of the proposed AVA. Average monthly high temperature of 78.3 degrees F; average monthly low temperature of 48.7 degrees F; record maximum temperature of 114 degrees F; record low temperature of 11 degrees F; dry growing season with average rainfall of 4.14 inches per growing season; higher winter rainfall with averages of 15.35 inches per winter, including average of 1 inch of snow. Average monthly high of 61.5 degrees F; average monthly low of 40.9 degrees F; record high of 106 degrees F; record low of 5 degrees F. VerDate Sep<11>2014 17:00 Sep 20, 2022 Jkt 256001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\21SEP1.SGM 21SEP1 57660 Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Proposed Rules TABLE—FEATURES OF PROPOSED AVA AND SURROUNDING REGIONS—Continued Features Region East ................................................. South, Southwest ............................ West ................................................ Elevation Climate Similar to proposed AVA, but not within the region traditionally known as Yucaipa Valley. 1,600 to 2,000 feet ........................ 1,100 to 2,000 feet ........................ Similar to proposed AVA, but not within the region traditionally known as Yucaipa Valley. TTB Determination TTB concludes that the petition to establish the proposed Yucaipa Valley 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 AVA in the proposed regulatory text published at the end of this proposed rule. Maps The petitioner provided the required maps, and TTB lists them below in the proposed regulatory text. You may also view the proposed Yucaipa Valley AVA boundary on the AVA Map Explorer on the TTB website, at https://www.ttb.gov/ wine/ava-map-explorer. khammond on DSKJM1Z7X2PROD with PROPOSALS Impact on Current Wine Labels Part 4 of the TTB regulations prohibits any label reference on a wine that indicates or implies an origin other than the wine’s true place of origin. For a wine to be labeled with an AVA name, at least 85 percent of the wine must be derived from grapes grown within the area represented by that name, and the wine must meet the other conditions listed in § 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)). If the wine is not eligible for labeling with an AVA name and that name appears in the brand name, then the label is not in compliance and the bottler must change the brand name and obtain approval of a new label. Similarly, if the AVA name appears in another reference on the 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. If TTB establishes this proposed AVA, its name, ‘‘Yucaipa Valley,’’ 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 VerDate Sep<11>2014 17:00 Sep 20, 2022 Jkt 256001 Seldom receives snow. Average monthly high of 79.6 degrees F; average monthly low of 50.5 degrees F; record high of 118 degrees F; record low of 18 degrees F; average winter rainfall of 10.86 inches annually. text of the proposed regulation clarifies this point. Consequently, wine bottlers using the name ‘‘Yucaipa Valley’’ in a brand name, including a trademark, or in another label reference as to the origin of the wine, would have to ensure that the product is eligible to use the AVA name as an appellation of origin if TTB adopts this proposed rule as a final rule. Public Participation Comments Invited TTB invites comments from interested members of the public on whether it should establish the proposed Yucaipa Valley AVA. TTB is also interested in receiving comments on the sufficiency and accuracy of required information submitted in support of the petition. Please provide specific information in support of your comments. Because of the potential impact of the establishment of the proposed Yucaipa Valley AVA on wine labels that include the term ‘‘Yucaipa Valley’’ as discussed above under Impact on Current Wine Labels, TTB is particularly interested in comments regarding whether there will be a conflict between the proposed AVA name and currently used brand names. If a commenter believes that a conflict will arise, the comment should describe the nature of that conflict, including any anticipated negative economic impact that approval of the proposed AVA will have on an existing viticultural enterprise. TTB is also interested in receiving suggestions for ways to avoid conflicts, for example, by adopting a modified or different name for the proposed AVA. Submitting Comments You may submit comments on this proposal as an individual or on behalf of a business or other organization via the Regulations.gov website or via postal mail, as described in the ADDRESSES section of this document. Your comment must reference Notice No. 214 and must be submitted or postmarked by the closing date shown in the DATES section of this document. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 You may upload or include attachments with your comment. You also may request a public hearing on this proposal. The TTB Administrator reserves the right to determine whether to hold a public hearing. Confidentiality and Disclosure of Comments All submitted comments and attachments are part of the rulemaking record and are subject to public disclosure. Do not enclose any material in your comments that you consider confidential or that is inappropriate for disclosure. TTB will post, and you may view, copies of this document, the related petition and selected supporting materials, and any comments TTB receives about this proposal within the related Regulations.gov docket. In general, TTB will post comments as submitted, and it will not redact any identifying or contact information from the body of a comment or attachment. Please contact TTB’s Regulations and Rulings Division by email using the web form available at https://www.ttb.gov/ contact-rrd, or by telephone at 202–453– 2265, if you have any questions about commenting on this proposal or to request copies of this document, the related petition and its supporting materials, or any comments received. 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 a viticultural area name would be the result of a proprietor’s efforts and consumer acceptance of wines from that area. Therefore, no regulatory flexibility analysis is required. Executive Order 12866 It has been determined that this proposed rule is not a significant regulatory action as defined by E:\FR\FM\21SEP1.SGM 21SEP1 Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Proposed Rules Executive Order 12866 of September 30, 1993. Therefore, no regulatory assessment is required. 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: ■ Authority: 27 U.S.C. 205. Subpart C—Approved American Viticultural Areas 2. Add § 9.ll to subpart C to read as follows: ■ khammond on DSKJM1Z7X2PROD with PROPOSALS § 9.ll Yucaipa Valley. (a) Name. The name of the viticultural area described in this section is ‘‘Yucaipa Valley’’. For purposes of part 4 of this chapter, ‘‘Yucaipa Valley’’ is a term of viticultural significance. (b) Approved maps. The 4 United States Geological Survey (USGS) 1:24,000 scale topographic maps used to determine the boundary of the Yucaipa Valley viticultural area are: (1) Yucaipa, CA, 1996; (2) Forest Falls, CA, 1996; (3) Beaumont, CA, 1996; and (4) El Casco, CA, 1967; photorevised 1979. (c) Boundary. The Yucaipa Valley viticultural area is located in San Bernardino County, California. The boundary of the Yucaipa Valley viticultural area is as described as follows: (1) The boundary begins on the Yucaipa map at the intersection of Highway 38/Mill Creek Road and the western boundary of section 13, T1S/ R2W. From the beginning point, proceed northeast along Highway 38/ Mill Creek Road to the 2,924-foot benchmark in section 13; then (2) Proceed east in a straight line to the 3,800-foot elevation contour in section 18, T1S/R1W; then (3) Proceed east-southeasterly along the 3,800-foot elevation contour, crossing onto the Forest Falls map, and continuing along the 3,800-foot elevation contour to its intersection with Wilson Creek along the eastern boundary of section 21, T1S/R1W; then (4) Proceed northerly along Wilson Creek to its intersection with the 4,400foot elevation contour in section 22, T1S/R1W; then VerDate Sep<11>2014 17:00 Sep 20, 2022 Jkt 256001 (5) Proceed south-southeasterly along the 4,400-foot elevation contour to its intersection with Birch Creek in section 26, T1S/RR1W; then (6) Proceed northeasterly along Birch Creek to its intersection with the 5,200foot elevation contour in section 23, T1S/R1W; then (7) Proceed south-southeasterly along the 5,200-foot elevation contour to its intersection with the eastern branch of Little San Gorgonio Creek along the San Bernardino National Forest boundary in section 31, T1S/R1E; then (8) Proceed southwesterly along the eastern branch of Little San Gorgonio Creek to its confluence with the main channel of Little San Gorgonio Creek near the gaging station in section 1, R1W/T2S; then (9) Proceed southwesterly along the main channel of Little San Gorgonio Creek, crossing onto the Beaumont map, and continuing along the creek to its intersection with Orchard Avenue in section 22, T2S/R1W; then (10) Proceed west along Orchard Street to the point where the road makes a sharp turn south and becomes locally known as Taylor Street along the western boundary of section 28, T2S/ R1W; then (11) Proceed south along Taylor Street to its intersection with Vineland Avenue in section 28, T2S/R1W; then (12) Proceed west along Vineland Avenue to its intersection with an unnamed road known locally as Union Street along the western edge of the Beaumont map in section 29, T2S/R1W; then (13) Proceed south along Union Street to its intersection with Woodland Avenue in section 29, T2S/R1W; then (14) Proceed west along Woodland Avenue, crossing onto the El Casco map, where the road becomes known as Cherry Valley Boulevard, and continue west along Cherry Valley Boulevard to its intersection with Interstate 10 in the Tract Between San Jacinto and San Gorgonio, T2S/R2W; then (15) Proceed southeasterly along Interstate 10 to its intersection with the first unnamed, intermittent stream in section 32, T2S/R1W; then (16) Proceed west in a straight line to the western boundary of section 31, T2S/R1W; then (17) Proceed north along the western boundary of section 31 to the southernmost transmission line at the northwest corner of section 31, T2S/ R1W; then (18) Proceed northwesterly along the transmission line to its intersection with San Timoteo Canyon Road in the Tract Between San Jacinto and San Gorgonio, T2S/R2W; then PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 57661 (19) Proceed northwesterly along San Timoteo Canyon Road to its intersection with the western boundary of the Tract Between San Jacinto and San Gorgonio, T2S/R2W; then (20) Proceed north, then northeasterly along the boundary of the tract to its intersection with the southwestern corner of section 22, T2S/R2W; then (21) Proceed north along the western boundary of section 22 to its intersection with the southeastern corner of section 16, T2S/R2W; then (22) Proceed west along the southern boundaries of sections 16 and 17 to the southwestern corner of section 17, T2S/ R2W; then (23) Proceed north along the western boundary of section 17, crossing onto the Yucaipa map and continuing along the western boundary of section 17 to its intersection with the Riverside–San Bernardino County line along the northern boundary of section 17, T2S/ R2W; then (24) Proceed east along the Riverside– San Bernardino County line to its intersection with the eastern boundary of section 17, T2S/R2W; then (25) Proceed north in a straight line to the boundary of the San Bernardino Land Grant, T2S/R2W; then (26) Proceed west along the land grant boundary to its intersection with the eastern boundary of section 8, T2S/ R2W; then (27) Proceed north along the eastern boundaries of sections 8 and 5 to the intersection of the northeast corner of section 5 and an unnamed road known locally as Highview Drive, T2S/R2W; then (28) Proceed northwest in a straight line to its intersection with Interstate 10 west of an unnamed light-duty road known locally as Knoll Road in the San Bernardino Land Grant, T2S/R2W; then (29) Proceed northeast in a straight line to the northeast corner of section 32, T1S/R2W; then (30) Proceed east along the northern boundaries of sections 33, 34, and 35 to the southwestern corner of section 25, T1S/R2W; then (31) Proceed north along the western boundaries of sections 25, 24, and 13 to the intersection of the western boundary of section 13 and Highway 38/Mill Creek Road, T1S/R2W, which is the beginning point. Signed: September 8, 2022. Mary G. Ryan, Administrator. Approved: September 8, 2022. Thomas C. West, Jr., Assistant Secretary, (Tax Policy). [FR Doc. 2022–20404 Filed 9–20–22; 8:45 am] BILLING CODE 4810–31–P E:\FR\FM\21SEP1.SGM 21SEP1

Agencies

[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Proposed Rules]
[Pages 57657-57661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20404]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2022-0008; Notice No. 214]
RIN 1513-AC85


Proposed Establishment of the Yucaipa Valley Viticultural Area

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to 
establish the 36,467-acre ``Yucaipa Valley'' viticultural area in San 
Bernardino County, in California. The proposed viticultural area is not 
within any other established viticultural area. TTB designates 
viticultural areas to allow vintners to better describe the origin of 
their wines and to allow consumers to better identify wines they may 
purchase. TTB invites comments on this proposed addition to its 
regulations.

DATES: Comments must be received by November 21, 2022.

ADDRESSES: You may electronically submit comments to TTB on this 
proposal using the comment form for this document posted within Docket 
No. TTB-2022-0008 on the Regulations.gov website at https://www.regulations.gov. At the same location, you also may view copies of 
this document, the related petition and selected supporting materials, 
and any comments TTB receives on this proposal. A direct link to that 
docket is available on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking under Notice No. 214. Alternatively, you 
may submit comments via postal mail to the Director, Regulations and 
Ruling Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005. Please see the Public 
Participation section of this document for further information on the 
comments requested on this proposal and on the submission, 
confidentiality, and public disclosure of comments.

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). In addition, the Secretary of the Treasury 
has delegated certain administrative and

[[Page 57658]]

enforcement authorities to TTB through Treasury Order 120-01.
    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, once approved, a name and a delineated boundary 
codified 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 allows any interested 
party to 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 to establish or modify AVAs. Petitions to establish an 
AVA must include the following:
     Evidence that the area within the proposed AVA boundary is 
nationally 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; and
     A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

Yucaipa Valley Petition

    TTB received a petition from the Yucaipa Valley Wine Alliance, 
proposing the establishment of the ``Yucaipa Valley'' AVA. The proposed 
Yucaipa Valley AVA is located in San Bernardino County, California. The 
proposed AVA contains 36,467 acres, with approximately 23 vineyards and 
2 wineries. Grape varietals grown within the proposed AVA include 
Cabernet Sauvignon, Merlot, Zinfandel, Syrah, Malbec, Nebbiolo, 
Barbera, and Petite Sirah.
    According to the petition, the distinguishing features of the 
proposed Yucaipa Valley AVA include its elevation and climate. Although 
the petition also included information about the soils of the proposed 
AVA, TTB has not included soils in the discussion of distinguishing 
features. The petition states that areas to the west, northwest, south, 
southeast and east have soils similar to those of the proposed AVA, and 
the petition does not include an adequate comparison of soils in the 
proposed AVA with soils in areas to the north, northeast, and 
southwest. Unless otherwise noted, all information and data pertaining 
to the proposed AVA contained in this document are from the petition 
for the proposed Yucaipa Valley AVA and its supporting exhibits.

Name Evidence

    The petition notes that, although the town of Yucaipa is located 
within the proposed Yucaipa Valley AVA, the region was known as the 
``Yucaipa Valley'' long before the town's incorporation in 1989. As 
evidence of the long-term use of the name, the petition included a copy 
of an advertisement from 1910 announcing prime agricultural land for 
sale in the region of the proposed AVA. The advertisement claims, 
``There is no better apple country than the Yucaipa Valley.'' \1\ The 
petition also included a 1920 article titled ``Yucaipa Valley Scores as 
Apple Producer.'' \2\ A 1925 article about the Yucaipa Apple Festival 
notes that President William Taft thanked the festival organizers for a 
box of ``Yucaipa Valley'' apples they sent to him.\3\ By the 1950s, the 
region was promoting itself to visitors with a billboard proclaiming 
``Welcome to Yucaipa Valley.'' \4\
---------------------------------------------------------------------------

    \1\ Sunset Homeseeker's Bureau of Information, 1910, volume 24, 
page 871.
    \2\ Killingsworth, K.S. ``Yucaipa Valley Scores as Apple 
Producer.'' Pacific Rural Press, April 16, 1920: page 592.
    \3\ Sanders, J.R. Images of America: Oak Glen Los Rios Ranchos. 
Arcadia Publishing, 2006.
    \4\ City of Yucaipa Hazard Mitigation Plan, August 8, 2016, page 
7.
---------------------------------------------------------------------------

    The petition included information regarding the current use of the 
name ``Yucaipa Valley'' to describe the region of the proposed AVA. For 
example, sports organizations and facilities serving the region include 
the Yucaipa Valley Golf Club, Yucaipa Valley Youth Soccer Organization, 
and the Yucaipa Valley National League and Yucaipa Valley American 
League divisions of Little League Baseball. Organizations within the 
region include the Yucaipa Valley Historical Society, Yucaipa Valley 
Lions Club, Yucaipa Valley Amateur Radio Club, and the Yucaipa Valley 
Spanish Church. Other businesses include the Yucaipa Valley Center 
shopping center, Yucaipa Valley Optometry, and the Yucaipa Valley 
Manufactured Home Community.

Boundary Evidence

    The proposed Yucaipa Valley AVA is a region of rolling hills in the 
foothills of the San Bernardino Mountains. The petition states that the 
boundaries of the region known historically as the Yucaipa Valley are 
clearly delineated by the Yucaipa Valley Historical Society to mean the 
boundaries of Yucaipa, Oak Glen, and Calimesa.\5\ The proposed AVA 
includes the incorporated municipalities of Yucaipa and Calimesa and 
unincorporated areas of Oak Glen, as well as surrounding county areas 
with natural borders. The proposed northern boundary follows a series 
of section lines on the USGS maps, as well as elevation contours, to 
separate the proposed AVA from the steeper slopes of the Yucaipa Ridge 
mountain range. The proposed eastern boundary largely follows Little 
San Gorgonio Creek to separate the proposed AVA from regions that 
traditionally have not been associated with the region known as the 
``Yucaipa Valley.'' The southern boundary follows a series of roads to 
separate the proposed AVA from the towns of Cherry Valley and Beaumont, 
while the proposed western boundary generally follows land tract 
boundaries.
---------------------------------------------------------------------------

    \5\ www.yucaipahistory.org.
---------------------------------------------------------------------------

Distinguishing Features

    The distinguishing features of the proposed Yucaipa Valley AVA 
include its elevation and climate.

[[Page 57659]]

Elevation
    Elevations within the proposed Yucaipa Valley AVA range from 2,000 
to 4,600 feet. According to the petition, the high elevations affect 
viticulture. At high elevations, sunlight becomes more concentrated. As 
a result, grapes receive a ``tan,'' which results in thicker skin than 
the same varietals grown at lower elevations would have. The petition 
states that thick skins contribute to the color and tannin levels of 
the resulting wine and protect developing grapes from the dramatic 
climate shifts that can occur in high altitude vineyards.
    To the immediate north and northeast of the proposed AVA is the 
mountain range known as the Yucaipa Ridge, which has steep slopes that 
generate elevations up to 2,000 feet higher than the northern boundary 
of the proposed AVA at each point. The region east of the proposed AVA 
has elevations similar to those within the proposed AVA. However, the 
petition states that the region to the east is not included in the 
proposed AVA because it is largely uninhabited and undeveloped, has few 
roads, and does not have historical ties to the region known as the 
Yucaipa Valley. Furthermore, according to the USGS maps included in the 
petition, the region to the east of the proposed AVA is largely covered 
by the San Bernardino National Forest, which is not available for 
commercial viticulture due to its status as a National Forest. Cherry 
Valley and Beaumont to the south and southeast have elevations similar 
to those in the lower portions of the proposed AVA. To the south and 
southwest of the proposed AVA, in San Timoteo Canyon, elevations are 
lower, ranging from 1,600 to 2,000 feet. To the west of the proposed 
AVA is the Redlands Valley, which also has lower elevations ranging 
from 1,100 to 2,000 feet.
Climate
    According to the petition, the proposed Yucaipa Valley AVA has a 
hot, dry climate suitable for growing grape varietals such as Cabernet 
Sauvignon, Merlot, Zinfandel, Syrah, Malbec, Nebbiolo, Barbera, and 
Petite Sirah. The petition included information on the average monthly 
high, average monthly low, monthly record high, and monthly record low 
temperatures from the city of Yucaipa, as well as from the region to 
the west and the region to the north-northeast of the proposed AVA. 
Within the city of Yucaipa, the average high temperature is 78.3 
degrees Fahrenheit (F), and the average low temperature is 48.7 degrees 
F. August is typically the warmest month, with an average high of 97 
degrees F, and December is typically the coolest month, with an average 
minimum temperature of 40 degrees F. The record high temperature in the 
city of Yucaipa is 114 degrees F, while the record low temperature is 
11 degrees F.
    The city of Redlands, to the west of the proposed AVA, has slightly 
higher average high and low temperatures than the proposed AVA. The 
average high temperature is 79.6 degrees F, and the average low 
temperature is 50.5 degrees F. August is typically the warmest month in 
Redlands, with an average high of 96 degrees F, and December is 
typically the coolest month, with an average minimum temperature of 40 
degrees F. The record high temperature in Redlands is 118 degrees F, 
and the record low temperature is 18 degrees F.
    To the north and northeast of the proposed AVA, the community of 
Forest Falls is typically cooler than the proposed AVA. The average 
high temperature is 61.5 degrees F, and the average low temperature is 
40.9 degrees F. August is typically the warmest month, with an average 
high of 81 degrees F. The record high temperature is 106 degrees F, and 
the record low temperature is 5 degrees F.
    The petition also included information about precipitation amounts 
within the proposed Yucaipa Valley AVA and the surrounding regions. The 
city of Yucaipa receives an average cumulative rainfall of 4.14 inches 
during the growing season of April through October. The average 
precipitation amount for the city of Yucaipa during the winter months, 
November through March, is substantially greater, 15.35 inches, with an 
average of 1 inch being snow. Accumulations of snow accrue at higher 
elevations within the proposed AVA. According to the petition, the 
amount of snowfall and winter precipitation within the proposed AVA 
affects viticulture, even though the vines are dormant. First, the snow 
helps ensure continued vine dormancy and provides a ``necessary rest'' 
from continual growth. The precipitation also creates hydric reserves 
that are beneficial during the hot, dry summer months. Finally, the 
snow protects vines against fungi and pests that hide within the bark 
when temperatures become colder.
    To the west of the proposed AVA, the town of Redlands receives an 
average of 10.86 inches of winter precipitation. To the south of the 
proposed AVA, the city of Beaumont receives an average winter 
precipitation amount very similar to that of the proposed AVA. However, 
the petition states that because of the lower elevations, temperatures 
in Beaumont and Redlands seldom drop low enough for the precipitation 
to fall as snow. Although the region to the east of the proposed AVA 
has a winter climate similar to that of the proposed AVA, that region 
is outside of what has historically been called the Yucaipa Valley and 
is thus not included in the proposed AVA.

Summary of Distinguishing Features

    In summary, the elevation and climate of the proposed Yucaipa 
Valley AVA distinguish it from the surrounding regions. The following 
table shows the characteristics of the proposed AVA compared to the 
features of the surrounding regions.

         Table--Features of Proposed AVA and Surrounding Regions
------------------------------------------------------------------------
                                                Features
            Region             -----------------------------------------
                                    Elevation             Climate
------------------------------------------------------------------------
Proposed Yucaipa Valley AVA...  2,000 to 4,600     Average monthly high
                                 feet.              temperature of 78.3
                                                    degrees F; average
                                                    monthly low
                                                    temperature of 48.7
                                                    degrees F; record
                                                    maximum temperature
                                                    of 114 degrees F;
                                                    record low
                                                    temperature of 11
                                                    degrees F; dry
                                                    growing season with
                                                    average rainfall of
                                                    4.14 inches per
                                                    growing season;
                                                    higher winter
                                                    rainfall with
                                                    averages of 15.35
                                                    inches per winter,
                                                    including average of
                                                    1 inch of snow.
North, Northeast..............  Higher,            Average monthly high
                                 mountainous        of 61.5 degrees F;
                                 elevations, up     average monthly low
                                 to 2,000 feet      of 40.9 degrees F;
                                 higher than the    record high of 106
                                 northern           degrees F; record
                                 boundary of the    low of 5 degrees F.
                                 proposed AVA.

[[Page 57660]]

 
East..........................  Similar to         Similar to proposed
                                 proposed AVA,      AVA, but not within
                                 but not within     the region
                                 the region         traditionally known
                                 traditionally      as Yucaipa Valley.
                                 known as Yucaipa
                                 Valley.
South, Southwest..............  1,600 to 2,000     Seldom receives snow.
                                 feet.
West..........................  1,100 to 2,000     Average monthly high
                                 feet.              of 79.6 degrees F;
                                                    average monthly low
                                                    of 50.5 degrees F;
                                                    record high of 118
                                                    degrees F; record
                                                    low of 18 degrees F;
                                                    average winter
                                                    rainfall of 10.86
                                                    inches annually.
------------------------------------------------------------------------

TTB Determination

    TTB concludes that the petition to establish the proposed Yucaipa 
Valley 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 
AVA in the proposed regulatory text published at the end of this 
proposed rule.

Maps

    The petitioner provided the required maps, and TTB lists them below 
in the proposed regulatory text. You may also view the proposed Yucaipa 
Valley AVA boundary 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, 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.
    If TTB establishes this proposed AVA, its name, ``Yucaipa Valley,'' 
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 
proposed regulation clarifies this point. Consequently, wine bottlers 
using the name ``Yucaipa Valley'' in a brand name, including a 
trademark, or in another label reference as to the origin of the wine, 
would have to ensure that the product is eligible to use the AVA name 
as an appellation of origin if TTB adopts this proposed rule as a final 
rule.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether it should establish the proposed Yucaipa Valley AVA. TTB is 
also interested in receiving comments on the sufficiency and accuracy 
of required information submitted in support of the petition. Please 
provide specific information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Yucaipa Valley AVA on wine labels that include the term 
``Yucaipa Valley'' as discussed above under Impact on Current Wine 
Labels, TTB is particularly interested in comments regarding whether 
there will be a conflict between the proposed AVA name and currently 
used brand names. If a commenter believes that a conflict will arise, 
the comment should describe the nature of that conflict, including any 
anticipated negative economic impact that approval of the proposed AVA 
will have on an existing viticultural enterprise. TTB is also 
interested in receiving suggestions for ways to avoid conflicts, for 
example, by adopting a modified or different name for the proposed AVA.

Submitting Comments

    You may submit comments on this proposal as an individual or on 
behalf of a business or other organization via the Regulations.gov 
website or via postal mail, as described in the ADDRESSES section of 
this document. Your comment must reference Notice No. 214 and must be 
submitted or postmarked by the closing date shown in the DATES section 
of this document. You may upload or include attachments with your 
comment. You also may request a public hearing on this proposal. The 
TTB Administrator reserves the right to determine whether to hold a 
public hearing.

Confidentiality and Disclosure of Comments

    All submitted comments and attachments are part of the rulemaking 
record and are subject to public disclosure. Do not enclose any 
material in your comments that you consider confidential or that is 
inappropriate for disclosure.
    TTB will post, and you may view, copies of this document, the 
related petition and selected supporting materials, and any comments 
TTB receives about this proposal within the related Regulations.gov 
docket. In general, TTB will post comments as submitted, and it will 
not redact any identifying or contact information from the body of a 
comment or attachment.
    Please contact TTB's Regulations and Rulings Division by email 
using the web form available at https://www.ttb.gov/contact-rrd, or by 
telephone at 202-453-2265, if you have any questions about commenting 
on this proposal or to request copies of this document, the related 
petition and its supporting materials, or any comments received.

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 a viticultural area name would be the result of a 
proprietor's efforts and consumer acceptance of wines from that area. 
Therefore, no regulatory flexibility analysis is required.

Executive Order 12866

    It has been determined that this proposed rule is not a significant 
regulatory action as defined by

[[Page 57661]]

Executive Order 12866 of September 30, 1993. Therefore, no regulatory 
assessment is required.

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. Add Sec.  9.__ to subpart C to read as follows:


Sec.  9.__   Yucaipa Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Yucaipa Valley''. For purposes of part 4 of this chapter, 
``Yucaipa Valley'' is a term of viticultural significance.
    (b) Approved maps. The 4 United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Yucaipa Valley viticultural area are:
    (1) Yucaipa, CA, 1996;
    (2) Forest Falls, CA, 1996;
    (3) Beaumont, CA, 1996; and
    (4) El Casco, CA, 1967; photorevised 1979.
    (c) Boundary. The Yucaipa Valley viticultural area is located in 
San Bernardino County, California. The boundary of the Yucaipa Valley 
viticultural area is as described as follows:
    (1) The boundary begins on the Yucaipa map at the intersection of 
Highway 38/Mill Creek Road and the western boundary of section 13, T1S/
R2W. From the beginning point, proceed northeast along Highway 38/Mill 
Creek Road to the 2,924-foot benchmark in section 13; then
    (2) Proceed east in a straight line to the 3,800-foot elevation 
contour in section 18, T1S/R1W; then
    (3) Proceed east-southeasterly along the 3,800-foot elevation 
contour, crossing onto the Forest Falls map, and continuing along the 
3,800-foot elevation contour to its intersection with Wilson Creek 
along the eastern boundary of section 21, T1S/R1W; then
    (4) Proceed northerly along Wilson Creek to its intersection with 
the 4,400-foot elevation contour in section 22, T1S/R1W; then
    (5) Proceed south-southeasterly along the 4,400-foot elevation 
contour to its intersection with Birch Creek in section 26, T1S/RR1W; 
then
    (6) Proceed northeasterly along Birch Creek to its intersection 
with the 5,200-foot elevation contour in section 23, T1S/R1W; then
    (7) Proceed south-southeasterly along the 5,200-foot elevation 
contour to its intersection with the eastern branch of Little San 
Gorgonio Creek along the San Bernardino National Forest boundary in 
section 31, T1S/R1E; then
    (8) Proceed southwesterly along the eastern branch of Little San 
Gorgonio Creek to its confluence with the main channel of Little San 
Gorgonio Creek near the gaging station in section 1, R1W/T2S; then
    (9) Proceed southwesterly along the main channel of Little San 
Gorgonio Creek, crossing onto the Beaumont map, and continuing along 
the creek to its intersection with Orchard Avenue in section 22, T2S/
R1W; then
    (10) Proceed west along Orchard Street to the point where the road 
makes a sharp turn south and becomes locally known as Taylor Street 
along the western boundary of section 28, T2S/R1W; then
    (11) Proceed south along Taylor Street to its intersection with 
Vineland Avenue in section 28, T2S/R1W; then
    (12) Proceed west along Vineland Avenue to its intersection with an 
unnamed road known locally as Union Street along the western edge of 
the Beaumont map in section 29, T2S/R1W; then
    (13) Proceed south along Union Street to its intersection with 
Woodland Avenue in section 29, T2S/R1W; then
    (14) Proceed west along Woodland Avenue, crossing onto the El Casco 
map, where the road becomes known as Cherry Valley Boulevard, and 
continue west along Cherry Valley Boulevard to its intersection with 
Interstate 10 in the Tract Between San Jacinto and San Gorgonio, T2S/
R2W; then
    (15) Proceed southeasterly along Interstate 10 to its intersection 
with the first unnamed, intermittent stream in section 32, T2S/R1W; 
then
    (16) Proceed west in a straight line to the western boundary of 
section 31, T2S/R1W; then
    (17) Proceed north along the western boundary of section 31 to the 
southernmost transmission line at the northwest corner of section 31, 
T2S/R1W; then
    (18) Proceed northwesterly along the transmission line to its 
intersection with San Timoteo Canyon Road in the Tract Between San 
Jacinto and San Gorgonio, T2S/R2W; then
    (19) Proceed northwesterly along San Timoteo Canyon Road to its 
intersection with the western boundary of the Tract Between San Jacinto 
and San Gorgonio, T2S/R2W; then
    (20) Proceed north, then northeasterly along the boundary of the 
tract to its intersection with the southwestern corner of section 22, 
T2S/R2W; then
    (21) Proceed north along the western boundary of section 22 to its 
intersection with the southeastern corner of section 16, T2S/R2W; then
    (22) Proceed west along the southern boundaries of sections 16 and 
17 to the southwestern corner of section 17, T2S/R2W; then
    (23) Proceed north along the western boundary of section 17, 
crossing onto the Yucaipa map and continuing along the western boundary 
of section 17 to its intersection with the Riverside-San Bernardino 
County line along the northern boundary of section 17, T2S/R2W; then
    (24) Proceed east along the Riverside-San Bernardino County line to 
its intersection with the eastern boundary of section 17, T2S/R2W; then
    (25) Proceed north in a straight line to the boundary of the San 
Bernardino Land Grant, T2S/R2W; then
    (26) Proceed west along the land grant boundary to its intersection 
with the eastern boundary of section 8, T2S/R2W; then
    (27) Proceed north along the eastern boundaries of sections 8 and 5 
to the intersection of the northeast corner of section 5 and an unnamed 
road known locally as Highview Drive, T2S/R2W; then
    (28) Proceed northwest in a straight line to its intersection with 
Interstate 10 west of an unnamed light-duty road known locally as Knoll 
Road in the San Bernardino Land Grant, T2S/R2W; then
    (29) Proceed northeast in a straight line to the northeast corner 
of section 32, T1S/R2W; then
    (30) Proceed east along the northern boundaries of sections 33, 34, 
and 35 to the southwestern corner of section 25, T1S/R2W; then
    (31) Proceed north along the western boundaries of sections 25, 24, 
and 13 to the intersection of the western boundary of section 13 and 
Highway 38/Mill Creek Road, T1S/R2W, which is the beginning point.

    Signed: September 8, 2022.
Mary G. Ryan,
Administrator.
    Approved: September 8, 2022.
Thomas C. West, Jr.,
Assistant Secretary, (Tax Policy).
[FR Doc. 2022-20404 Filed 9-20-22; 8:45 am]
BILLING CODE 4810-31-P
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