Establishment of the Contra Costa Viticultural Area and Modification of the San Francisco Bay and Central Coast Viticultural Areas, 18797-18802 [2024-05476]
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Federal Register / Vol. 89, No. 52 / Friday, March 15, 2024 / Rules and Regulations
1232; Sec. 1250A, Pub. L 116–92, 133 Stat.
1665; Sec. 205, Pub. L. 116–94, 133 Stat.
3052; E.O. 13637, 78 FR 16129, 3 CFR, 2013
Comp., p. 223.
2. Amend § 126.1 by revising table 2
to paragraph (d)(2) and adding
paragraph (p) to read as follows:
■
18797
§ 126.1 Prohibited exports, imports, and
sales to or from certain countries.
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(d) * * *
(2) * * *
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TABLE 2 TO PARAGRAPH (d)(2)
Country
Country specific paragraph location
Afghanistan ...................................................................................................................................................
Central African Republic ...............................................................................................................................
Cyprus ...........................................................................................................................................................
Democratic Republic of Congo .....................................................................................................................
Ethiopia .........................................................................................................................................................
Eritrea ...........................................................................................................................................................
Haiti ...............................................................................................................................................................
Iraq ................................................................................................................................................................
Lebanon ........................................................................................................................................................
Libya .............................................................................................................................................................
Nicaragua ......................................................................................................................................................
Russia ...........................................................................................................................................................
Somalia .........................................................................................................................................................
South Sudan .................................................................................................................................................
Sudan ............................................................................................................................................................
Zimbabwe .....................................................................................................................................................
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(p) Nicaragua. It is the policy of the
United States to deny licenses or other
approvals for exports and imports of
defense articles or defense services,
destined for or originating in Nicaragua,
except that a license or other approval
may be issued, on a case-by-case basis,
for non-lethal military equipment
intended solely for humanitarian
assistance, to include natural disaster
relief.
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Bonnie D. Jenkins,
Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2024–05695 Filed 3–14–24; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
[Docket No. TTB–2023–0004; T.D. TTB–191;
Ref: Notice No. 223]
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RIN 1513–AC97
Establishment of the Contra Costa
Viticultural Area and Modification of
the San Francisco Bay and Central
Coast Viticultural Areas
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
SUMMARY:
16:00 Mar 14, 2024
This final rule is effective April
15, 2024.
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:
DATES:
Background on Viticultural Areas
27 CFR Part 9
VerDate Sep<11>2014
approximately 167,146-acre ‘‘Contra
Costa’’ American viticultural area in
Contra Costa County, California.
Additionally, TTB is expanding the
boundaries of the established San
Francisco Bay and Central Coast
viticultural areas to avoid a partial
overlap with the Contra Costa
viticultural area and instead encompass
the entire Contra Costa AVA. 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.
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TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels, and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
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(g) of this section.
(u) of this section.
(r) of this section.
(i) of this section.
(n) of this section.
(h) of this section.
(j) of this section.
(f) of this section.
(t) of this section.
(k) of this section.
(p) of this section.
(l) of this section.
(m) of this section.
(w) of this section.
(v) of this section.
(s) of this section.
(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 administration and
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
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approval nor an endorsement by TTB of
the wine produced in that area.
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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;
• 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;
• 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.
Petition To Establish the Contra Costa
AVA and To Expand the Boundaries of
the San Francisco Bay and Central
Coast AVAs
TTB received a petition on behalf of
the Contra Costa Winegrowers
Association proposing to establish the
‘‘Contra Costa’’ AVA and expand the
boundaries of the established San
Francisco Bay (27 CFR 9.157) and
Central Coast (27 CFR 9.75) AVAs. The
proposed Contra Costa AVA is within
Contra Costa County, California. The
proposed AVA covers approximately
167,146 acres and currently contains at
least 60 commercial vineyards covering
a total of approximately 1,700 acres, as
well as at least 14 wineries. According
to the petition, the distinguishing
features of the proposed AVA are its
topography and climate.
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The proposed Contra Costa AVA
consists of relatively flat terrain
interrupted in places by rolling hills. All
elevations within the proposed AVA are
below 1,000 feet, and most elevations
are below 100 feet. Over 71 percent of
the slope angles within the proposed
AVA are less than 5 percent, but along
the western and southern boundary and
in the ridgeline that runs north-south
between Concord and Bay Point, slope
angles can reach 30 percent. The
petition states that cool, heavy marine
air stays at lower elevations, leading to
diurnal cooling that can cause
differences in grape development, the
timing of harvest, and sugar
accumulation and acidity in the grapes
when compared to the same varietals
grown at higher elevations.
East of the proposed AVA, the terrain
is generally flat as one moves into the
California Delta and the San Joaquin
Valley. To the south and west of the
proposed AVA, the terrain becomes
steeper, with slope angles generally
exceeding 20 percent and commonly
above 30 percent. Elevations to the west
and south of the proposed AVA are also
generally higher than within the
proposed AVA, exceeding 1,300 feet in
the region to the west and reaching
3,849 feet at the summit of Mt. Diablo
to the south of the proposed AVA.
The petition also includes climate
data in the form of growing degree day
(GDD) accumulations 1 and average
annual precipitation amounts. Within
the proposed Contra Costa AVA, annual
GDD accumulations between 2014 and
2019 ranged from 3,008 to 4,275,
indicating a generally warm climate.
The petition states that the proposed
AVA’s climate is suitable for growing a
variety of grapes, including Zinfandel,
petite sirah, mourvedre, chardonnay,
and cabernet sauvignon.
To the northeast of the proposed
AVA, at Jersey Island, GDD
accumulations from 2014 to 2019 were
similar to those found in the proposed
AVA, but the petitioner chose to
exclude this region from the proposed
AVA because of its mucky soils that are
unlikely to support viticulture. To the
south, in Walnut Creek, GDD
accumulations were also similar to
those within the proposed AVA,
although the petitioner excluded this
region from the proposed AVA because
1 See Albert J. Winkler et al., General Viticulture
(Berkeley: University of California Press), pp. 61–
64 (1974). In the Winkler climate classification
system, annual heat accumulation during the
growing season, measured in annual GDDs, defines
climatic regions. One GDD accumulates for each
degree Fahrenheit that a day’s mean temperature is
above 50 degrees F, the minimum temperature
required for grapevine growth.
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it is a largely residential area that is not
suited for commercial viticulture.
Farther south, in Byron, GDD
accumulations were significantly higher
than those within the proposed AVA.
To the east, within the San Joaquin
Valley, GDD accumulations were
generally warmer than within the
proposed AVA, as the marine influence
decreases as one moves farther inland.
West of the proposed AVA, as one
moves closer to San Francisco Bay and
the Pacific Ocean, GDD accumulations
were lower than within the proposed
AVA.
Within the proposed Contra Costa
AVA, annual precipitation amounts
from 2013 to 2018 ranged from a low of
232 millimeters (mm) to a high of 565
mm. During the same time period,
annual precipitation amounts to the
west and southwest of the proposed
AVA were generally higher, ranging
from a low of 374 mm to a high of 1,712
mm. Although the petition included
precipitation data for regions to the
northeast, east, and southeast of the
proposed AVA, TTB excluded the data
from the proposed rule document
because the data was collected from a
period of two years or less and therefore
TTB was unable to determine whether
precipitation was a distinguishing
feature of the proposed AVA in relation
to those regions.
Modification of the San Francisco Bay
AVA Boundary
The San Francisco Bay AVA was
established by T.D. ATF–407 on January
20, 1999 (64 FR 3015). T.D. ATF–407
describes the distinguishing feature of
the San Francisco Bay AVA as ‘‘a
marine climate which is heavily
influenced by the proximity of the San
Francisco Bay and the Pacific Ocean.’’
T.D. ATF–407 also notes that the eastern
boundary of the AVA was chosen, in
part, as a way of separating the AVA
from the drier, warmer inland region of
the Central Valley, which lacks a strong
marine influence. Only the western
portion of the proposed Contra Costa
AVA lies within the existing San
Francisco Bay AVA. To eliminate the
partial overlap, the petitioner also
proposed expanding the boundary of the
San Francisco Bay AVA to encompass
the entire Contra Costa AVA. The
proposed expansion would increase the
size of the San Francisco Bay AVA by
approximately 109,955 acres. The
proposed Contra Costa AVA shares
some of the characteristics of the larger
established AVA. For example, similar
to other locations in the San Francisco
Bay AVA, information provided in the
petition to establish the Contra Costa
AVA showed that the proposed AVA is
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affected by cool, moist air from the
Pacific Ocean and the San Francisco
Bay. The proposed AVA is also
generally cooler and wetter than the
inland region to the east. However, the
proposed Contra Costa AVA has some
characteristics that distinguish it from
the larger San Francisco Bay AVA. For
instance, although the proposed Contra
Costa AVA is influenced by marine air
from the San Francisco Bay, the
proposed AVA is not adjacent to San
Francisco Bay, the air travelling through
Suisun Bay instead. Additionally, while
T.D. ATF–407 describes the San
Francisco Bay AVA as having a cool
Mediterranean climate classification,
the proposed Contra Costa AVA also
includes regions with a warm
Mediterranean climate classification.
Modification of the Central Coast AVA
Boundary
The petition also proposes to expand
the boundary of the established Central
Coast AVA. The Central Coast AVA was
established by T.D. ATF–216 on October
24, 1985 (50 FR 43128). T.D. ATF–216
describes the Central Coast AVA as a
region between the Pacific Ocean and
the Coast Ranges of California. The
Central Coast AVA has a climate that is
greatly affected by the marine influence,
with the region to the east of the AVA
having a more arid climate.
Only the western portion of the
proposed Contra Costa AVA lies within
the existing Central Coast AVA. To
eliminate the partial overlap, the
petitioner also proposed modifying the
boundary of the Central Coast AVA to
encompass the entire Contra Costa AVA.
The proposed modification would
increase the size of the Central Coast
AVA by approximately 109,955 acres.
Information provided in the petition to
establish the Contra Costa AVA showed
that the proposed Contra Costa AVA
shares some of the characteristics of the
larger established AVA. For example,
similar to other locations in the Central
Coast AVA, the proposed AVA is
affected by cool, moist air from the
Pacific Ocean, which enters the region
from San Francisco Bay via Suisun Bay.
The proposed AVA is also generally
cooler and wetter than the region to the
east. However, the proposed Contra
Costa AVA has some characteristics that
distinguish it from the larger Central
Coast AVA. For instance, being a
smaller region, the proposed AVA has
less topographic variety than the Central
Coast AVA. Additionally, being adjacent
to the shoreline of Suisun Bay, the
proposed AVA is more directly exposed
to cool marine air than other regions of
the Central Coast AVA, such as the Paso
Robles AVA (27 CFR 9.84), which is
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farther inland and, according to T.D.
ATF–216, receives its marine air via the
Salinas River, which empties into
Monterey Bay.
Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 223 in the
Federal Register on March 29, 2023 (88
FR 18471), proposing to establish the
Contra Costa AVA and expand the
boundaries of the San Francisco Bay
and Central Coast AVAs. In the notice,
TTB summarized the evidence from the
petition regarding the name, boundary,
and distinguishing features for the
proposed viticultural area. The notice
also compared the distinguishing
features of the proposed viticultural area
to the surrounding areas. For a
description of the evidence relating to
the name, boundary, and distinguishing
features of the proposed viticultural
area, and for a comparison of the
distinguishing features of the proposed
viticultural area to the surrounding
areas, see Notice No. 223.
In Notice No. 223, TTB solicited
comments on the accuracy of the name,
boundary, distinguishing features, and
other required information submitted in
support of the petition. In addition, TTB
solicited comments on the proposed
modifications of the established Central
Coast and San Francisco Bay AVAs and
whether the evidence presented in the
proposed Contra Costa AVA petition
sufficiently supported the
modifications. The comment period for
Notice No. 223 closed on May 30, 2023.
In response to Notice No. 223, TTB
received seven comments. Commenters
include local wine industry members,
the Contra Costa Winegrowers
Association, the Downtown Brentwood
Coalition, the mayor of the city of
Brentwood, and the original petitioner.
All seven comments support the
establishment of the proposed Contra
Costa AVA. None of the comments
specifically addressed the proposed
expansion of the San Francisco Bay or
Central Coast AVAs.
Additionally, the comment from the
petitioner (comment 1) clarified that
Viano Vineyards is within both the
proposed Contra Costa AVA and the
unmodified Central Coast AVA. The
petitioner states that TTB’s description
of Viano Vineyards on page 18476 of the
proposed rule document made it seem
as if the vineyard was not within the
unmodified boundary of the Central
Coast AVA. TTB agrees with the
commenter that Viano Vineyards is
within both the proposed Contra Costa
AVA and the unmodified Central Coast
AVA boundary. Comment 2 also noted
that the second page of Exhibit I to the
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18799
petition, which is marked as a list of
members of the Contra Costa
Winegrowers Association, includes
persons who are members of the
Lamorinda AVA association, not the
Contra Costa Winegrowers Association.
Exhibit I is not a TTB document, but
TTB notes that winegrowers
associations may accept members from
neighboring regions outside of the
particular AVA, and that members listed
in the exhibit may be members of both
associations. Because TTB did not
receive any additional clarification from
the petitioner regarding this exhibit,
TTB is not amending the exhibit in the
docket.
TTB Determination
After careful review of the petition
and of the comments received in
response to Notice No. 223, TTB finds
that the evidence provided by the
petitioner supports the establishment of
the approximately 167,146-acre Contra
Costa AVA and the expansion of the
boundaries of the San Francisco Bay
and Central Coast AVAs. 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 ‘‘Contra Costa’’ AVA in Contra Costa
County, California.
Furthermore, TTB expands the
boundaries of the San Francisco Bay
and Central Coast AVAs to entirely
encompass the Contra Costa AVA, after
finding that the evidence provided by
the petitioner shows that the features of
the expansion areas described in Notice
No. 223 are consistent with the features
of the established AVAs. These changes
are effective April 15, 2024.
Boundary Description
See the narrative boundary
description of the Contra Costa AVA
and the expanded boundaries of the San
Francisco Bay and Central Coast AVAs
in the regulatory text published at the
end of this final rule.
Maps
The petitioner provided the required
maps, and they are listed below in the
regulatory text. The Contra Costa AVA
boundary and the expanded San
Francisco Bay and Central Coast AVA
boundaries may also be viewed on the
AVA Map Explorer on the TTB website,
at https://www.ttb.gov/wine/ava-mapexplorer.
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
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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 Contra
Costa AVA, its name, ‘‘Contra Costa,’’
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 ‘‘Contra Costa’’ in a brand name,
including a trademark, or in another
label reference 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 AVA will not affect the use of
‘‘Contra Costa County’’ as a county
appellation of origin on wine labels.
The establishment of the Contra Costa
AVA will allow vintners to use ‘‘Contra
Costa’’ as an AVA appellation of origin
for wines made primarily from grapes
grown within the Contra Costa AVA if
the wines meet the eligibility
requirements for the appellation. The
expansion of the Central Coast and San
Francisco Bay AVAs will also allow
vintners to use ‘‘Central Coast,’’ ‘‘San
Francisco Bay,’’ or both, as appellations
of origin for wines made primarily from
grapes grown anywhere in the Contra
Costa AVA if the wines meet the
eligibility requirements for the
appellation.
Bottlers who wish to label their wines
with ‘‘Contra Costa’’ as an AVA
appellation of origin must obtain a new
Certificate of Label Approval (COLA) for
the label, even if the currently approved
label already contains another AVA
appellation of origin. Please do not
submit COLA requests to TTB before the
effective date shown in the DATES
section of this document, or your
request will be rejected.
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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, as
amended. Therefore, no regulatory
assessment is required.
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.
2. Amend § 9.75 by:
a. Removing the word ‘‘and’’ at the
end of paragraph (b)(42);
■ b. Removing the ‘‘.’’ at the end of
paragraph (b)(43) and adding a ‘‘;’’ in its
place;
■ c. Adding paragraphs (b)(44) through
(55);
■ d. Revising paragraphs (c)(4) through
(c)(6);
■ e. Redesignating paragraphs (c)(7)
through (c)(43) as paragraphs (c)(23)
through (c)(59); and
■ f. Adding new paragraphs (c)(7)
through (c)(22).
The revisions and additions read as
follows:
■
■
§ 9.75
Central Coast.
*
*
*
*
*
(b) * * *
(44) Benicia, California, scale
1:24,000, dated 2018;
(45) Vine Hill, California, scale
1:24,000, dated 2018;
(46) Honker Bay, California, scale
1:24,000, dated 2018;
(47) Antioch North, California, scale
1:24,000, dated 2018;
(48) Jersey Island, California, scale
1:24,000, dated 2018;
(49) Bouldin Island, California, scale
1:24,000, dated 2018;
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(50) Woodward Island, California,
scale 1:24,000, dated 2018;
(51) Clifton Court Forebay, California,
scale 1:24,000, dated 2018;
(52) Byron Hot Springs, California,
scale 1:24,000, dated 2018;
(53) Tassajara, California, scale
1:24,000, dated 2018;
(54) Antioch South, California, scale
1:24,000, dated 2018; and
(55) Clayton, California, scale
1:24,000, dated 2018.
(c) * * *
(4) From this point, the boundary
proceeds east along the shoreline of
Alameda County and Contra Costa
County across the Richmond, San
Quentin, Mare Island, Benicia (2018
edition), Vine Hill (2018 edition),
Honker Bay (2018 edition), and Antioch
North maps and onto the Jersey Island
map to the intersection of the shoreline
with Bethel Island Road.
(5) Proceed southeast in a straight line
0.7 mile to the intersection of Wells
Road and Sandmound Road.
(6) Proceed northeast in a straight line
2.7 miles, crossing onto the Bouldin
Island map, to the northernmost point of
Holland Tract Road.
(7) Proceed south 1.9 miles along
Holland Tract Road, crossing onto the
Woodward Island map, to the road’s
intersection with the 10-foot elevation
contour.
(8) Proceed south-southeast in a
straight line 4.1 miles to the intersection
of Orwood Road and the Mokelumne
Aqueduct.
(9) Proceed south-southwest 5.5
miles, crossing onto the Clifton Court
Forebay map, to the stream gauging
station on Italian Slough, just west of
Widdows Island and the shared Contra
Costa-San Joaquin County line.
(10) Proceed due west in a straight
line to the western shore of Italian
Slough, then proceed southwesterly
along the shore of Italian Slough to its
confluence with Brushy Creek.
(11) Proceed westerly along Brushy
Creek, crossing onto the Byron Hot
Springs (2018 edition) map and
continuing southwesterly along the
creek to its intersection with Vasco
Road.
(12) Proceed northwest in a straight
line 4.3 miles to the intersection of
Kellogg Creek and Walnut Boulevard.
(13) Proceed west-southwest in a
straight line 2.9 miles, crossing onto the
Tassajara (2018 edition) map, to the
intersection of Marsh Creek and Miwok
Trail.
(14) Proceed northwesterly along
Marsh Creek 2.4 miles, crossing onto the
Antioch South map, to the creek’s
intersection with Deer Valley Road.
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(15) Proceed northerly along Deer
Valley Road 3.1 miles to its intersection
with Chadbourne Road.
(16) Proceed northwest in a straight
line 0.6 mile to the southwestern
terminus of Tour Way.
(17) Proceed northwest in a straight
line 3 miles to the intersection of Oil
Canyon Trail, Stewartville Trail, and
Chadbourne Road.
(18) Proceed northeasterly along the
Stewartville Trail 1.9 miles to its
intersection with the Contra Loma Trail.
(19) Proceed northwest in a straight
line 2.5 miles to the intersection of
Somersville Road and Donlan
Boulevard.
(20) Proceed west-southwest in a
straight line 2.5 miles, crossing onto the
Clayton (2018 edition) map, to the
intersection of Nortonville Road and
Kirker Pass Road.
(21) Proceed southwesterly along
Kirker Pass Road approximately 2.5
miles to its intersection with Hess Road.
(22) Proceed southeasterly in a
straight line to the 3,849-foot summit of
Mt. Diablo.
*
*
*
*
*
■ 3. Amend § 9.157 by:
■ a. Removing the word ‘‘and’’ at the
end of paragraph (b)(46);
■ b. Removing the ‘‘.’’ at the end of
paragraph (b)(47) and adding a ‘‘;’’ in its
place;
■ c. Adding paragraphs (b)(48) through
(b)(58);
■ d. Revising paragraphs (c)(22) through
(c)(24);
■ e. Redesignating paragraphs (c)(25)
through (c)(44) as paragraphs (c)(40)
through (c)(59); and
■ f. Adding new paragraphs (c)(25)
through (c)(39).
The additions and revisions read as
follows:
§ 9.157
San Francisco Bay.
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*
*
*
*
*
(b) * * *
(48) Clayton, California, scale
1:24,000, 2018;
(49) Antioch South, California, scale
1:24,000, 2018;
(50) Tassajara, California, scale
1:24,000, 2018;
(51) Byron Hot Springs, California,
scale 1:24,000, 2018;
(52) Clifton Court Forebay, California,
scale 1:24,000, 2018;
(53) Woodward Island, California,
scale 1:24,000; 2018;
(54) Bouldin Island, California, scale
1:24,000, 2018;
(55) Jersey Island, California, scale
1:24,000, 2018;
(56) Antioch North, California, scale
1:24,000, 2018;
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(57) Honker Bay, California, scale
1:24,000, 2018; and
(58) Vine Hill, California, scale
1:24,000, 2018.
(c) * * *
(22) Then proceed in a northwesterly
direction in a straight line to the
intersection of Kirker Pass Road and
Hess Road on the Clayton (2018 edition)
map.
(23) Proceed northeasterly along
Kirker Pass Road to its intersection with
Nortonville Road.
(24) Proceed east-northeast in a
straight line for 2.5 miles, crossing onto
the Antioch South map, to the
intersection of Somersville Road and
Donlan Boulevard.
(25) Proceed southeasterly in a
straight line for 2.5 miles to the
intersection of the Stewartville Trail and
the Contra Loma Trail.
(26) Proceed southwesterly along
Stewartville Trail for 1.9 miles to the
intersection of Oil Canyon Trail,
Stewartville Trail, and Chadbourne
Road.
(27) Proceed southeast in a straight
line for 3 miles to the southern terminus
of Tour Way.
(28) Proceed southeast in a straight
line for 0.6 miles to the intersection of
Chadbourne Road and Deer Valley
Road.
(29) Proceed southerly along Deer
Valley Road for 3.1 miles to its
intersection with Marsh Creek.
(30) Proceed southeasterly along
Marsh Creek for 2.4 miles, crossing onto
the Tassajara (2018 edition) map, to the
creek’s intersection with Miwok Trail.
(31) Proceed north-northeast in a
straight line for 2.9 miles, crossing onto
the Byron Hot Springs (2018 edition)
map, to the intersection of Kellogg Creek
and Walnut Boulevard.
(32) Proceed southeast in a straight
line for 4.3 miles to the intersection of
Brushy Creek and Vasco Road.
(33) Proceed northeasterly along
Brushy Creek, crossing onto the Clifton
Court Forebay map, to the confluence of
Brushy Creek with the western shore of
Italian Slough to a point due west of the
stream gauging station on Italian
Slough, just west of Widdows Island
and the shared Contra Costa-San
Joaquin County line.
(34) Proceed due east to the stream
gauging station, then proceed northeast
for 5.5 miles, crossing onto the
Woodward Island map, to the
intersection of the Mokelumne
Aqueduct and Orwood Road.
(35) Proceed north-northwest in a
straight line for 4.1 miles to the
intersection of Holland Tract Road and
the 10-foot elevation contour.
(36) Proceed north for 1.9 miles along
Holland Tract Road, crossing onto the
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Bouldin Island map, and continuing to
the northernmost point of Holland Tract
Road.
(37) Proceed southeast in a straight
line for 2.7 miles, crossing onto the
Jersey Island map, to the intersection of
Wells Road and Sandmound Road.
(38) Proceed northwest in a straight
line for 0.7 mile to the intersection of
Bethel Island Road and the shoreline of
Dutch Slough Road.
(39) Proceed westerly along the
shoreline of Dutch Slough and Big
Break, crossing onto the Antioch North
map, and continuing westerly along the
shoreline of New York Slough, crossing
onto the Honker Bay (2018 edition)
map, and continuing westerly along the
shoreline and onto the Vine Hill (2018
edition) map to the intersection of the
shoreline and Interstate 680 at the
Benicia-Martinez Bridge.
*
*
*
*
*
■ 4. Add § 9.291 to read as follows:
§ 9.291
Contra Costa.
(a) Name. The name of the viticultural
area described in this section is ‘‘Contra
Costa’’. For purposes of part 4 of this
chapter, ‘‘Contra Costa’’ is a term of
viticultural significance.
(b) Approved maps. The 15 United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Contra
Costa viticultural area are titled:
(1) Antioch North, California, 2018;
(2) Antioch South, California, 2018;
(3) Benicia, California, 2018;
(4) Bouldin Island, California, 2018;
(5) Briones Valley, California, 2018;
(6) Byron Hot Springs, California,
2018;
(7) Clayton, California, 2018;
(8) Clifton Court Forebay, California,
2018;
(9) Jersey Island, California, 2018;
(10) Honker Bay, California, 2018;
(11) Tassajara, California, 2018;
(12) Vine Hill, California, 2018;
(13) Walnut Creek, California, 1995;
(14) Walnut Creek, California, 2018;
and
(15) Woodward Island, California,
2018.
(c) Boundary. The Contra Costa
viticultural area is located in Contra
Costa County, California. The boundary
of the Contra Costa viticultural area is
as described as follows:
(1) The beginning point is on the
Bouldin Island map at the northernmost
point of Holland Tract Road. From the
beginning point, proceed south 1.9
miles along Holland Tract Road,
crossing onto the Woodward Island
map, to the intersection of the road with
the 10-foot elevation contour; then
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(2) Proceed south-southeast in a
straight line 4.1 miles to the intersection
of Orwood Road and the Mokelumne
Aqueduct; then
(3) Proceed south-southwest in a
straight line 5.5 miles, crossing onto the
Clifton Court Forebay map, to the
stream gauging station on Italian
Slough, just west of the Widdows Island
and the shared Contra Costa–San
Joaquin County line; then
(4) Proceed due west in a straight line
to the western shore of Italian Slough,
then proceed southwesterly along the
western shore Italian Slough to its
confluence with Brushy Creek; then
(5) Proceed westerly along Brushy
Creek, crossing onto the Byron Hot
Springs map and continuing
southwesterly along the creek to its
intersection with Vasco Road; then
(6) Proceed northwest in a straight
line 4.3 miles to the intersection of
Kellogg Creek and Walnut Boulevard;
then
(7) Proceed west-southwest in a
straight line 2.9 miles, crossing onto the
Tassajara map, to the intersection of
Marsh Creek and Miwok Trail; then
(8) Proceed northwesterly along
Marsh Creek 2.4 miles, crossing onto the
Antioch South map, to the creek’s
intersection with Deer Valley Road; then
(9) Proceed northerly along Deer
Valley Road 3.1 miles to its intersection
with Chadbourne Road; then
(10) Proceed northwest in a straight
line 0.6 mile to the southwestern
terminus of Tour Way; then
(11) Proceed northwest in a straight
line 3 miles to the intersection of Oil
Canyon Trail, Stewartville Trail, and
Chadbourne Road; then
(12) Proceed northeasterly along
Stewartville Trail 1.9 miles to its
intersection with the Contra Loma Trail;
then
(13) Proceed northwest in a straight
line 2.5 miles to the intersection of
Somersville Road and Donlan
Boulevard; then
(14) Proceed west-southwest in a
straight line 2.5 miles, crossing onto the
Clayton map, to the intersection of
Nortonville Road and Kirker Pass Road;
then
(15) Proceed southwesterly along
Kirker Pass Road 5 miles to its
intersection with Alberta Way; then
(16) Proceed southwest in a straight
line 1.5 miles to the intersection of
Buckeye Trail, Blue Oak Trail, and Lime
Ridge Trail; then
(17) Proceed south-southeast in a
straight line 2.6 miles to the intersection
of Arroyo Cerro Del and the 400-foot
elevation contour just east of North Gate
Road; then
(18) Proceed northwest in a straight
line 2.5 miles, crossing onto the Walnut
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Creek map (2018 edition), to the
intersection of Brodia Way and La Casa
Via; then
(19) Proceed west-northwest in a
straight line, crossing onto the Walnut
Creek (1995 edition) map, and continue
3.1 miles on the 1995 edition map to the
marked 781-foot peak south of the
shared Lafayette-Walnut Creek
corporate boundary line and north of an
unnamed light-duty road known locally
as Peaceful Lane; then
(20) Proceed northwest in a straight
line 1.7 miles to the 833-foot peak
marked ‘‘Hump 2’’; then
(21) Proceed north-northwest 0.5 mile
to the water tank (known locally as the
Withers Reservoir) at the end of an
unnamed light-duty road known locally
as Kim Road, in the Can˜ada del Hambre
y Las Bolsas Land Grant; then
(22) Proceed northwest in a straight
line 3 miles, crossing onto the Briones
Valley map, to the intersection of
Alhambra Creek Road and Alhambra
Valley Road; then
(23) Proceed northwest in a straight
line 4.1 miles, crossing onto the Benicia
map, to the intersection of Highway 4
and Cummings Skyway; then
(24) Proceed north-northwest in a
straight line 1.8 miles to the intersection
of Carquinez Scenic Drive and an
unnamed road known locally as Canyon
Lake Drive; then
(25) Proceed northeasterly in a
straight line 0.6 mile to the marked post
office in Port Costa; then
(26) Proceed southeast in a straight
line 0.9 mile to the first unnamed road
that crosses the railroad tracks and
intersects with the shoreline at Little
Bull Valley; then
(27) Proceed easterly along the
shoreline approximately 38.3 miles,
crossing over the Vine Hill, Honker Bay,
and Antioch North maps and onto the
Jersey Island map to Bethel Island Road;
then
(28) Proceed southeast in a straight
line 0.7 mile to the intersection of Wells
Road and Sandmound Boulevard; then
(29) Proceed northeast in a straight
line 2.7 miles, crossing onto the Bouldin
Island map and returning to the
beginning point.
Signed: March 8, 2024.
Mary G. Ryan,
Administrator.
Approved: March 8, 2024.
Aviva R. Aron-Dine,
Acting Assistant Secretary for Tax Policy.
[FR Doc. 2024–05476 Filed 3–14–24; 8:45 am]
BILLING CODE 4810–31–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0904]
RIN 1625–AA11
Safety Zones; Coast Guard Sector
Ohio Valley Annual and Recurring
Safety Zones Update
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
The Coast Guard is amending
and updating its safety zone regulations
for annual events that take place in the
Coast Guard Sector Ohio Valley area of
responsibility (AOR). This action is
necessary to update the current list of
recurring safety zones with revisions,
additional events, and removal of events
that no longer take place in the Sector
Ohio Valley. When these safety zones
are enforced, certain restrictions are
placed on marine traffic in specified
areas.
SUMMARY:
This rule is effective on March
15, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0904 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
email Petty Officer Dalton Johnson,
Sector Ohio Valley, U.S. Coast Guard;
telephone 502–779–5347, email
Dalton.A.Johnson@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
AOR Area of Responsibility
COTP Captain of the Port Sector Ohio
Valley
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Captain of Port Sector Ohio
Valley (COTP) is amending 33 CFR
165.801 to update the table of annual
fireworks displays and other events in
Coast Guard Sector Ohio Valley Area of
Responsibility (AOR). These events
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Agencies
[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Rules and Regulations]
[Pages 18797-18802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05476]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2023-0004; T.D. TTB-191; Ref: Notice No. 223]
RIN 1513-AC97
Establishment of the Contra Costa Viticultural Area and
Modification of the San Francisco Bay and Central Coast Viticultural
Areas
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes
the approximately 167,146-acre ``Contra Costa'' American viticultural
area in Contra Costa County, California. Additionally, TTB is expanding
the boundaries of the established San Francisco Bay and Central Coast
viticultural areas to avoid a partial overlap with the Contra Costa
viticultural area and instead encompass the entire Contra Costa AVA.
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 April 15, 2024.
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 administration and 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
[[Page 18798]]
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;
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;
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.
Petition To Establish the Contra Costa AVA and To Expand the Boundaries
of the San Francisco Bay and Central Coast AVAs
TTB received a petition on behalf of the Contra Costa Winegrowers
Association proposing to establish the ``Contra Costa'' AVA and expand
the boundaries of the established San Francisco Bay (27 CFR 9.157) and
Central Coast (27 CFR 9.75) AVAs. The proposed Contra Costa AVA is
within Contra Costa County, California. The proposed AVA covers
approximately 167,146 acres and currently contains at least 60
commercial vineyards covering a total of approximately 1,700 acres, as
well as at least 14 wineries. According to the petition, the
distinguishing features of the proposed AVA are its topography and
climate.
The proposed Contra Costa AVA consists of relatively flat terrain
interrupted in places by rolling hills. All elevations within the
proposed AVA are below 1,000 feet, and most elevations are below 100
feet. Over 71 percent of the slope angles within the proposed AVA are
less than 5 percent, but along the western and southern boundary and in
the ridgeline that runs north-south between Concord and Bay Point,
slope angles can reach 30 percent. The petition states that cool, heavy
marine air stays at lower elevations, leading to diurnal cooling that
can cause differences in grape development, the timing of harvest, and
sugar accumulation and acidity in the grapes when compared to the same
varietals grown at higher elevations.
East of the proposed AVA, the terrain is generally flat as one
moves into the California Delta and the San Joaquin Valley. To the
south and west of the proposed AVA, the terrain becomes steeper, with
slope angles generally exceeding 20 percent and commonly above 30
percent. Elevations to the west and south of the proposed AVA are also
generally higher than within the proposed AVA, exceeding 1,300 feet in
the region to the west and reaching 3,849 feet at the summit of Mt.
Diablo to the south of the proposed AVA.
The petition also includes climate data in the form of growing
degree day (GDD) accumulations \1\ and average annual precipitation
amounts. Within the proposed Contra Costa AVA, annual GDD accumulations
between 2014 and 2019 ranged from 3,008 to 4,275, indicating a
generally warm climate. The petition states that the proposed AVA's
climate is suitable for growing a variety of grapes, including
Zinfandel, petite sirah, mourvedre, chardonnay, and cabernet sauvignon.
---------------------------------------------------------------------------
\1\ See Albert J. Winkler et al., General Viticulture (Berkeley:
University of California Press), pp. 61-64 (1974). In the Winkler
climate classification system, annual heat accumulation during the
growing season, measured in annual GDDs, defines climatic regions.
One GDD accumulates for each degree Fahrenheit that a day's mean
temperature is above 50 degrees F, the minimum temperature required
for grapevine growth.
---------------------------------------------------------------------------
To the northeast of the proposed AVA, at Jersey Island, GDD
accumulations from 2014 to 2019 were similar to those found in the
proposed AVA, but the petitioner chose to exclude this region from the
proposed AVA because of its mucky soils that are unlikely to support
viticulture. To the south, in Walnut Creek, GDD accumulations were also
similar to those within the proposed AVA, although the petitioner
excluded this region from the proposed AVA because it is a largely
residential area that is not suited for commercial viticulture. Farther
south, in Byron, GDD accumulations were significantly higher than those
within the proposed AVA. To the east, within the San Joaquin Valley,
GDD accumulations were generally warmer than within the proposed AVA,
as the marine influence decreases as one moves farther inland. West of
the proposed AVA, as one moves closer to San Francisco Bay and the
Pacific Ocean, GDD accumulations were lower than within the proposed
AVA.
Within the proposed Contra Costa AVA, annual precipitation amounts
from 2013 to 2018 ranged from a low of 232 millimeters (mm) to a high
of 565 mm. During the same time period, annual precipitation amounts to
the west and southwest of the proposed AVA were generally higher,
ranging from a low of 374 mm to a high of 1,712 mm. Although the
petition included precipitation data for regions to the northeast,
east, and southeast of the proposed AVA, TTB excluded the data from the
proposed rule document because the data was collected from a period of
two years or less and therefore TTB was unable to determine whether
precipitation was a distinguishing feature of the proposed AVA in
relation to those regions.
Modification of the San Francisco Bay AVA Boundary
The San Francisco Bay AVA was established by T.D. ATF-407 on
January 20, 1999 (64 FR 3015). T.D. ATF-407 describes the
distinguishing feature of the San Francisco Bay AVA as ``a marine
climate which is heavily influenced by the proximity of the San
Francisco Bay and the Pacific Ocean.'' T.D. ATF-407 also notes that the
eastern boundary of the AVA was chosen, in part, as a way of separating
the AVA from the drier, warmer inland region of the Central Valley,
which lacks a strong marine influence. Only the western portion of the
proposed Contra Costa AVA lies within the existing San Francisco Bay
AVA. To eliminate the partial overlap, the petitioner also proposed
expanding the boundary of the San Francisco Bay AVA to encompass the
entire Contra Costa AVA. The proposed expansion would increase the size
of the San Francisco Bay AVA by approximately 109,955 acres. The
proposed Contra Costa AVA shares some of the characteristics of the
larger established AVA. For example, similar to other locations in the
San Francisco Bay AVA, information provided in the petition to
establish the Contra Costa AVA showed that the proposed AVA is
[[Page 18799]]
affected by cool, moist air from the Pacific Ocean and the San
Francisco Bay. The proposed AVA is also generally cooler and wetter
than the inland region to the east. However, the proposed Contra Costa
AVA has some characteristics that distinguish it from the larger San
Francisco Bay AVA. For instance, although the proposed Contra Costa AVA
is influenced by marine air from the San Francisco Bay, the proposed
AVA is not adjacent to San Francisco Bay, the air travelling through
Suisun Bay instead. Additionally, while T.D. ATF-407 describes the San
Francisco Bay AVA as having a cool Mediterranean climate
classification, the proposed Contra Costa AVA also includes regions
with a warm Mediterranean climate classification.
Modification of the Central Coast AVA Boundary
The petition also proposes to expand the boundary of the
established Central Coast AVA. The Central Coast AVA was established by
T.D. ATF-216 on October 24, 1985 (50 FR 43128). T.D. ATF-216 describes
the Central Coast AVA as a region between the Pacific Ocean and the
Coast Ranges of California. The Central Coast AVA has a climate that is
greatly affected by the marine influence, with the region to the east
of the AVA having a more arid climate.
Only the western portion of the proposed Contra Costa AVA lies
within the existing Central Coast AVA. To eliminate the partial
overlap, the petitioner also proposed modifying the boundary of the
Central Coast AVA to encompass the entire Contra Costa AVA. The
proposed modification would increase the size of the Central Coast AVA
by approximately 109,955 acres. Information provided in the petition to
establish the Contra Costa AVA showed that the proposed Contra Costa
AVA shares some of the characteristics of the larger established AVA.
For example, similar to other locations in the Central Coast AVA, the
proposed AVA is affected by cool, moist air from the Pacific Ocean,
which enters the region from San Francisco Bay via Suisun Bay. The
proposed AVA is also generally cooler and wetter than the region to the
east. However, the proposed Contra Costa AVA has some characteristics
that distinguish it from the larger Central Coast AVA. For instance,
being a smaller region, the proposed AVA has less topographic variety
than the Central Coast AVA. Additionally, being adjacent to the
shoreline of Suisun Bay, the proposed AVA is more directly exposed to
cool marine air than other regions of the Central Coast AVA, such as
the Paso Robles AVA (27 CFR 9.84), which is farther inland and,
according to T.D. ATF-216, receives its marine air via the Salinas
River, which empties into Monterey Bay.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 223 in the Federal Register on March 29,
2023 (88 FR 18471), proposing to establish the Contra Costa AVA and
expand the boundaries of the San Francisco Bay and Central Coast AVAs.
In the notice, TTB summarized the evidence from the petition regarding
the name, boundary, and distinguishing features for the proposed
viticultural area. The notice also compared the distinguishing features
of the proposed viticultural area to the surrounding areas. For a
description of the evidence relating to the name, boundary, and
distinguishing features of the proposed viticultural area, and for a
comparison of the distinguishing features of the proposed viticultural
area to the surrounding areas, see Notice No. 223.
In Notice No. 223, TTB solicited comments on the accuracy of the
name, boundary, distinguishing features, and other required information
submitted in support of the petition. In addition, TTB solicited
comments on the proposed modifications of the established Central Coast
and San Francisco Bay AVAs and whether the evidence presented in the
proposed Contra Costa AVA petition sufficiently supported the
modifications. The comment period for Notice No. 223 closed on May 30,
2023. In response to Notice No. 223, TTB received seven comments.
Commenters include local wine industry members, the Contra Costa
Winegrowers Association, the Downtown Brentwood Coalition, the mayor of
the city of Brentwood, and the original petitioner. All seven comments
support the establishment of the proposed Contra Costa AVA. None of the
comments specifically addressed the proposed expansion of the San
Francisco Bay or Central Coast AVAs.
Additionally, the comment from the petitioner (comment 1) clarified
that Viano Vineyards is within both the proposed Contra Costa AVA and
the unmodified Central Coast AVA. The petitioner states that TTB's
description of Viano Vineyards on page 18476 of the proposed rule
document made it seem as if the vineyard was not within the unmodified
boundary of the Central Coast AVA. TTB agrees with the commenter that
Viano Vineyards is within both the proposed Contra Costa AVA and the
unmodified Central Coast AVA boundary. Comment 2 also noted that the
second page of Exhibit I to the petition, which is marked as a list of
members of the Contra Costa Winegrowers Association, includes persons
who are members of the Lamorinda AVA association, not the Contra Costa
Winegrowers Association. Exhibit I is not a TTB document, but TTB notes
that winegrowers associations may accept members from neighboring
regions outside of the particular AVA, and that members listed in the
exhibit may be members of both associations. Because TTB did not
receive any additional clarification from the petitioner regarding this
exhibit, TTB is not amending the exhibit in the docket.
TTB Determination
After careful review of the petition and of the comments received
in response to Notice No. 223, TTB finds that the evidence provided by
the petitioner supports the establishment of the approximately 167,146-
acre Contra Costa AVA and the expansion of the boundaries of the San
Francisco Bay and Central Coast AVAs. 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 ``Contra
Costa'' AVA in Contra Costa County, California.
Furthermore, TTB expands the boundaries of the San Francisco Bay
and Central Coast AVAs to entirely encompass the Contra Costa AVA,
after finding that the evidence provided by the petitioner shows that
the features of the expansion areas described in Notice No. 223 are
consistent with the features of the established AVAs. These changes are
effective April 15, 2024.
Boundary Description
See the narrative boundary description of the Contra Costa AVA and
the expanded boundaries of the San Francisco Bay and Central Coast AVAs
in the regulatory text published at the end of this final rule.
Maps
The petitioner provided the required maps, and they are listed
below in the regulatory text. The Contra Costa AVA boundary and the
expanded San Francisco Bay and Central Coast AVA boundaries 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
[[Page 18800]]
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 Contra Costa AVA, its name, ``Contra
Costa,'' 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 ``Contra Costa'' in a brand name, including a
trademark, or in another label reference 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 AVA will not affect
the use of ``Contra Costa County'' as a county appellation of origin on
wine labels.
The establishment of the Contra Costa AVA will allow vintners to
use ``Contra Costa'' as an AVA appellation of origin for wines made
primarily from grapes grown within the Contra Costa AVA if the wines
meet the eligibility requirements for the appellation. The expansion of
the Central Coast and San Francisco Bay AVAs will also allow vintners
to use ``Central Coast,'' ``San Francisco Bay,'' or both, as
appellations of origin for wines made primarily from grapes grown
anywhere in the Contra Costa AVA if the wines meet the eligibility
requirements for the appellation.
Bottlers who wish to label their wines with ``Contra Costa'' as an
AVA appellation of origin must obtain a new Certificate of Label
Approval (COLA) for the label, even if the currently approved label
already contains another AVA appellation of origin. Please do not
submit COLA requests to TTB before the effective date shown in the
Dates section of this document, or your request will be rejected.
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, as amended.
Therefore, no regulatory assessment is required.
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.
0
2. Amend Sec. 9.75 by:
0
a. Removing the word ``and'' at the end of paragraph (b)(42);
0
b. Removing the ``.'' at the end of paragraph (b)(43) and adding a
``;'' in its place;
0
c. Adding paragraphs (b)(44) through (55);
0
d. Revising paragraphs (c)(4) through (c)(6);
0
e. Redesignating paragraphs (c)(7) through (c)(43) as paragraphs
(c)(23) through (c)(59); and
0
f. Adding new paragraphs (c)(7) through (c)(22).
The revisions and additions read as follows:
Sec. 9.75 Central Coast.
* * * * *
(b) * * *
(44) Benicia, California, scale 1:24,000, dated 2018;
(45) Vine Hill, California, scale 1:24,000, dated 2018;
(46) Honker Bay, California, scale 1:24,000, dated 2018;
(47) Antioch North, California, scale 1:24,000, dated 2018;
(48) Jersey Island, California, scale 1:24,000, dated 2018;
(49) Bouldin Island, California, scale 1:24,000, dated 2018;
(50) Woodward Island, California, scale 1:24,000, dated 2018;
(51) Clifton Court Forebay, California, scale 1:24,000, dated 2018;
(52) Byron Hot Springs, California, scale 1:24,000, dated 2018;
(53) Tassajara, California, scale 1:24,000, dated 2018;
(54) Antioch South, California, scale 1:24,000, dated 2018; and
(55) Clayton, California, scale 1:24,000, dated 2018.
(c) * * *
(4) From this point, the boundary proceeds east along the shoreline
of Alameda County and Contra Costa County across the Richmond, San
Quentin, Mare Island, Benicia (2018 edition), Vine Hill (2018 edition),
Honker Bay (2018 edition), and Antioch North maps and onto the Jersey
Island map to the intersection of the shoreline with Bethel Island
Road.
(5) Proceed southeast in a straight line 0.7 mile to the
intersection of Wells Road and Sandmound Road.
(6) Proceed northeast in a straight line 2.7 miles, crossing onto
the Bouldin Island map, to the northernmost point of Holland Tract
Road.
(7) Proceed south 1.9 miles along Holland Tract Road, crossing onto
the Woodward Island map, to the road's intersection with the 10-foot
elevation contour.
(8) Proceed south-southeast in a straight line 4.1 miles to the
intersection of Orwood Road and the Mokelumne Aqueduct.
(9) Proceed south-southwest 5.5 miles, crossing onto the Clifton
Court Forebay map, to the stream gauging station on Italian Slough,
just west of Widdows Island and the shared Contra Costa-San Joaquin
County line.
(10) Proceed due west in a straight line to the western shore of
Italian Slough, then proceed southwesterly along the shore of Italian
Slough to its confluence with Brushy Creek.
(11) Proceed westerly along Brushy Creek, crossing onto the Byron
Hot Springs (2018 edition) map and continuing southwesterly along the
creek to its intersection with Vasco Road.
(12) Proceed northwest in a straight line 4.3 miles to the
intersection of Kellogg Creek and Walnut Boulevard.
(13) Proceed west-southwest in a straight line 2.9 miles, crossing
onto the Tassajara (2018 edition) map, to the intersection of Marsh
Creek and Miwok Trail.
(14) Proceed northwesterly along Marsh Creek 2.4 miles, crossing
onto the Antioch South map, to the creek's intersection with Deer
Valley Road.
[[Page 18801]]
(15) Proceed northerly along Deer Valley Road 3.1 miles to its
intersection with Chadbourne Road.
(16) Proceed northwest in a straight line 0.6 mile to the
southwestern terminus of Tour Way.
(17) Proceed northwest in a straight line 3 miles to the
intersection of Oil Canyon Trail, Stewartville Trail, and Chadbourne
Road.
(18) Proceed northeasterly along the Stewartville Trail 1.9 miles
to its intersection with the Contra Loma Trail.
(19) Proceed northwest in a straight line 2.5 miles to the
intersection of Somersville Road and Donlan Boulevard.
(20) Proceed west-southwest in a straight line 2.5 miles, crossing
onto the Clayton (2018 edition) map, to the intersection of Nortonville
Road and Kirker Pass Road.
(21) Proceed southwesterly along Kirker Pass Road approximately 2.5
miles to its intersection with Hess Road.
(22) Proceed southeasterly in a straight line to the 3,849-foot
summit of Mt. Diablo.
* * * * *
0
3. Amend Sec. 9.157 by:
0
a. Removing the word ``and'' at the end of paragraph (b)(46);
0
b. Removing the ``.'' at the end of paragraph (b)(47) and adding a
``;'' in its place;
0
c. Adding paragraphs (b)(48) through (b)(58);
0
d. Revising paragraphs (c)(22) through (c)(24);
0
e. Redesignating paragraphs (c)(25) through (c)(44) as paragraphs
(c)(40) through (c)(59); and
0
f. Adding new paragraphs (c)(25) through (c)(39).
The additions and revisions read as follows:
Sec. 9.157 San Francisco Bay.
* * * * *
(b) * * *
(48) Clayton, California, scale 1:24,000, 2018;
(49) Antioch South, California, scale 1:24,000, 2018;
(50) Tassajara, California, scale 1:24,000, 2018;
(51) Byron Hot Springs, California, scale 1:24,000, 2018;
(52) Clifton Court Forebay, California, scale 1:24,000, 2018;
(53) Woodward Island, California, scale 1:24,000; 2018;
(54) Bouldin Island, California, scale 1:24,000, 2018;
(55) Jersey Island, California, scale 1:24,000, 2018;
(56) Antioch North, California, scale 1:24,000, 2018;
(57) Honker Bay, California, scale 1:24,000, 2018; and
(58) Vine Hill, California, scale 1:24,000, 2018.
(c) * * *
(22) Then proceed in a northwesterly direction in a straight line
to the intersection of Kirker Pass Road and Hess Road on the Clayton
(2018 edition) map.
(23) Proceed northeasterly along Kirker Pass Road to its
intersection with Nortonville Road.
(24) Proceed east-northeast in a straight line for 2.5 miles,
crossing onto the Antioch South map, to the intersection of Somersville
Road and Donlan Boulevard.
(25) Proceed southeasterly in a straight line for 2.5 miles to the
intersection of the Stewartville Trail and the Contra Loma Trail.
(26) Proceed southwesterly along Stewartville Trail for 1.9 miles
to the intersection of Oil Canyon Trail, Stewartville Trail, and
Chadbourne Road.
(27) Proceed southeast in a straight line for 3 miles to the
southern terminus of Tour Way.
(28) Proceed southeast in a straight line for 0.6 miles to the
intersection of Chadbourne Road and Deer Valley Road.
(29) Proceed southerly along Deer Valley Road for 3.1 miles to its
intersection with Marsh Creek.
(30) Proceed southeasterly along Marsh Creek for 2.4 miles,
crossing onto the Tassajara (2018 edition) map, to the creek's
intersection with Miwok Trail.
(31) Proceed north-northeast in a straight line for 2.9 miles,
crossing onto the Byron Hot Springs (2018 edition) map, to the
intersection of Kellogg Creek and Walnut Boulevard.
(32) Proceed southeast in a straight line for 4.3 miles to the
intersection of Brushy Creek and Vasco Road.
(33) Proceed northeasterly along Brushy Creek, crossing onto the
Clifton Court Forebay map, to the confluence of Brushy Creek with the
western shore of Italian Slough to a point due west of the stream
gauging station on Italian Slough, just west of Widdows Island and the
shared Contra Costa-San Joaquin County line.
(34) Proceed due east to the stream gauging station, then proceed
northeast for 5.5 miles, crossing onto the Woodward Island map, to the
intersection of the Mokelumne Aqueduct and Orwood Road.
(35) Proceed north-northwest in a straight line for 4.1 miles to
the intersection of Holland Tract Road and the 10-foot elevation
contour.
(36) Proceed north for 1.9 miles along Holland Tract Road, crossing
onto the Bouldin Island map, and continuing to the northernmost point
of Holland Tract Road.
(37) Proceed southeast in a straight line for 2.7 miles, crossing
onto the Jersey Island map, to the intersection of Wells Road and
Sandmound Road.
(38) Proceed northwest in a straight line for 0.7 mile to the
intersection of Bethel Island Road and the shoreline of Dutch Slough
Road.
(39) Proceed westerly along the shoreline of Dutch Slough and Big
Break, crossing onto the Antioch North map, and continuing westerly
along the shoreline of New York Slough, crossing onto the Honker Bay
(2018 edition) map, and continuing westerly along the shoreline and
onto the Vine Hill (2018 edition) map to the intersection of the
shoreline and Interstate 680 at the Benicia-Martinez Bridge.
* * * * *
0
4. Add Sec. 9.291 to read as follows:
Sec. 9.291 Contra Costa.
(a) Name. The name of the viticultural area described in this
section is ``Contra Costa''. For purposes of part 4 of this chapter,
``Contra Costa'' is a term of viticultural significance.
(b) Approved maps. The 15 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Contra Costa viticultural area are titled:
(1) Antioch North, California, 2018;
(2) Antioch South, California, 2018;
(3) Benicia, California, 2018;
(4) Bouldin Island, California, 2018;
(5) Briones Valley, California, 2018;
(6) Byron Hot Springs, California, 2018;
(7) Clayton, California, 2018;
(8) Clifton Court Forebay, California, 2018;
(9) Jersey Island, California, 2018;
(10) Honker Bay, California, 2018;
(11) Tassajara, California, 2018;
(12) Vine Hill, California, 2018;
(13) Walnut Creek, California, 1995;
(14) Walnut Creek, California, 2018; and
(15) Woodward Island, California, 2018.
(c) Boundary. The Contra Costa viticultural area is located in
Contra Costa County, California. The boundary of the Contra Costa
viticultural area is as described as follows:
(1) The beginning point is on the Bouldin Island map at the
northernmost point of Holland Tract Road. From the beginning point,
proceed south 1.9 miles along Holland Tract Road, crossing onto the
Woodward Island map, to the intersection of the road with the 10-foot
elevation contour; then
[[Page 18802]]
(2) Proceed south-southeast in a straight line 4.1 miles to the
intersection of Orwood Road and the Mokelumne Aqueduct; then
(3) Proceed south-southwest in a straight line 5.5 miles, crossing
onto the Clifton Court Forebay map, to the stream gauging station on
Italian Slough, just west of the Widdows Island and the shared Contra
Costa-San Joaquin County line; then
(4) Proceed due west in a straight line to the western shore of
Italian Slough, then proceed southwesterly along the western shore
Italian Slough to its confluence with Brushy Creek; then
(5) Proceed westerly along Brushy Creek, crossing onto the Byron
Hot Springs map and continuing southwesterly along the creek to its
intersection with Vasco Road; then
(6) Proceed northwest in a straight line 4.3 miles to the
intersection of Kellogg Creek and Walnut Boulevard; then
(7) Proceed west-southwest in a straight line 2.9 miles, crossing
onto the Tassajara map, to the intersection of Marsh Creek and Miwok
Trail; then
(8) Proceed northwesterly along Marsh Creek 2.4 miles, crossing
onto the Antioch South map, to the creek's intersection with Deer
Valley Road; then
(9) Proceed northerly along Deer Valley Road 3.1 miles to its
intersection with Chadbourne Road; then
(10) Proceed northwest in a straight line 0.6 mile to the
southwestern terminus of Tour Way; then
(11) Proceed northwest in a straight line 3 miles to the
intersection of Oil Canyon Trail, Stewartville Trail, and Chadbourne
Road; then
(12) Proceed northeasterly along Stewartville Trail 1.9 miles to
its intersection with the Contra Loma Trail; then
(13) Proceed northwest in a straight line 2.5 miles to the
intersection of Somersville Road and Donlan Boulevard; then
(14) Proceed west-southwest in a straight line 2.5 miles, crossing
onto the Clayton map, to the intersection of Nortonville Road and
Kirker Pass Road; then
(15) Proceed southwesterly along Kirker Pass Road 5 miles to its
intersection with Alberta Way; then
(16) Proceed southwest in a straight line 1.5 miles to the
intersection of Buckeye Trail, Blue Oak Trail, and Lime Ridge Trail;
then
(17) Proceed south-southeast in a straight line 2.6 miles to the
intersection of Arroyo Cerro Del and the 400-foot elevation contour
just east of North Gate Road; then
(18) Proceed northwest in a straight line 2.5 miles, crossing onto
the Walnut Creek map (2018 edition), to the intersection of Brodia Way
and La Casa Via; then
(19) Proceed west-northwest in a straight line, crossing onto the
Walnut Creek (1995 edition) map, and continue 3.1 miles on the 1995
edition map to the marked 781-foot peak south of the shared Lafayette-
Walnut Creek corporate boundary line and north of an unnamed light-duty
road known locally as Peaceful Lane; then
(20) Proceed northwest in a straight line 1.7 miles to the 833-foot
peak marked ``Hump 2''; then
(21) Proceed north-northwest 0.5 mile to the water tank (known
locally as the Withers Reservoir) at the end of an unnamed light-duty
road known locally as Kim Road, in the Ca[ntilde]ada del Hambre y Las
Bolsas Land Grant; then
(22) Proceed northwest in a straight line 3 miles, crossing onto
the Briones Valley map, to the intersection of Alhambra Creek Road and
Alhambra Valley Road; then
(23) Proceed northwest in a straight line 4.1 miles, crossing onto
the Benicia map, to the intersection of Highway 4 and Cummings Skyway;
then
(24) Proceed north-northwest in a straight line 1.8 miles to the
intersection of Carquinez Scenic Drive and an unnamed road known
locally as Canyon Lake Drive; then
(25) Proceed northeasterly in a straight line 0.6 mile to the
marked post office in Port Costa; then
(26) Proceed southeast in a straight line 0.9 mile to the first
unnamed road that crosses the railroad tracks and intersects with the
shoreline at Little Bull Valley; then
(27) Proceed easterly along the shoreline approximately 38.3 miles,
crossing over the Vine Hill, Honker Bay, and Antioch North maps and
onto the Jersey Island map to Bethel Island Road; then
(28) Proceed southeast in a straight line 0.7 mile to the
intersection of Wells Road and Sandmound Boulevard; then
(29) Proceed northeast in a straight line 2.7 miles, crossing onto
the Bouldin Island map and returning to the beginning point.
Signed: March 8, 2024.
Mary G. Ryan,
Administrator.
Approved: March 8, 2024.
Aviva R. Aron-Dine,
Acting Assistant Secretary for Tax Policy.
[FR Doc. 2024-05476 Filed 3-14-24; 8:45 am]
BILLING CODE 4810-31-P