Alcohol and Tobacco Tax and Trade Bureau – Federal Register Recent Federal Regulation Documents

This document informs the public that the maximum penalty for violations of the Alcoholic Beverage Labeling Act (ABLA) is being adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Prior to the publication of this document, any person who violated the provisions of the ABLA was subject to a civil penalty of not more than $25,561, with each day constituting a separate offense. This document announces that this maximum penalty is being increased to $26,225.

This final rule amends the Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations that set forth the standards of identity for distilled spirits to include "American single malt whisky" as a type of whisky that is produced in the United States and meets certain criteria. TTB proposed the new standard of identity in response to petitions and comments submitted by several distillers and the American Single Malt Whisky Commission. TTB is finalizing the amendments to the regulations to establish the standard of identity with some changes to reflect comments received.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 29,387-acre "Columbia Hills" American viticultural area (AVA) in Klickitat County, Washington. The proposed AVA is located entirely within the boundaries of the existing Columbia Valley 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. TTB invites comments on these proposals.

In this final rule, the Alcohol and Tobacco Tax and Trade Bureau (TTB) is amending its regulations to make miscellaneous non- substantive corrections to its regulations. These include correcting grammatical, spelling, and typographical errors; correcting or updating statutory authority citations, regulatory cross-references, and information collection control and TTB form numbers; updating references to publications and agency names and organizational structures; updating mailing, delivery, and website addresses; and revising certain gender exclusive pronouns. The technical amendments described in this document do not add or change any regulatory, recordkeeping, or reporting requirement or change TTB's interpretation of any regulation.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 4,000-acre "Crystal Springs of Napa Valley" American viticultural area (AVA) in Napa County, California. The newly- established AVA is located entirely within the existing North Coast and Napa Valley viticultural areas. TTB also is modifying the existing Calistoga AVA in response to comments received during the comment period. 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.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is reopening the comment period for a proposed rule (Notice No. 210) published on May 25, 2022, which proposed changes to the authorized standards of fill for wine and distilled spirits, to solicit comments on additional suggestions raised in public comments made in response to Notice No. 210 that go beyond the scope of the original proposal. In Notice No. 210, TTB proposed to add 10 authorized standards of fill to those already authorized for wine, and alternatively, eliminating all but a minimum standard of fill for wine containers and all but a minimum and maximum for distilled spirits containers. TTB did not propose any specific standards of fill for distilled spirits as an alternative to generally eliminating them. TTB received a number of comments in response to the notice of proposed rulemaking requesting that TTB add specific new standards of fill for distilled spirits, as well as for wine, and also requesting that TTB consider eliminating the distinction between the standards of fill for distilled spirits in cans and those for distilled spirits in containers other than cans. TTB is now reopening the public comment period based on these suggestions, to provide notice to stakeholders that TTB is considering these additional requests for potential inclusion in the final rule and to also provide an opportunity for stakeholders to submit additional information to assist TTB in assessing whether to incorporate some, all, or none of these proposals into the final rule.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 32,360-acre "Rancho Guejito" American viticultural area (AVA) in San Diego County, California. The proposed AVA is located entirely within the existing South Coast AVA and would partially overlap the existing San Pasqual Valley 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. TTB invites comments on these proposals.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 2,186,689-acre "Upper Cumberland" American viticultural area (AVA) in Middle Tennessee. The Upper Cumberland viticultural area is not located within, nor does it contain, 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.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the 1,421.8-acre "Comptche" American viticultural area (AVA) in Mendocino County, California. The Comptche AVA is excluded from the surrounding North Coast AVA due to significant differences in distinguishing features. 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.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is expanding the ``Red Hills Lake County'' American viticultural area in Lake County, California by approximately 679 acres. The established viticultural area and the expansion area are both located entirely within the larger Clear Lake and North Coast viticultural areas. 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.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is announcing virtual listening sessions to receive input from the public on labeling of wine, distilled spirits, and malt beverages to disclose per-serving alcohol and nutritional information, major food allergens, and/or ingredients. The Department of the Treasury's February 2022 report on ``Competition in the Markets for Beer, Wine, and Spirits'' recommended that TTB revive or initiate rulemaking in these areas. These listening sessions are intended to engage the public, including consumers, public health stakeholders, and industry members of all sizes, and facilitate the public's ability to provide input to inform rulemaking. This notice sets forth the dates and times of the virtual listening sessions and instructions for registration. It also opens a docket for submitting written comments on the issues to be discussed in the listening sessions.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the approximately 18,367-acre ``Nashoba Valley'' viticultural area in Worcester County, Massachusetts. 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.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes establishing the approximately 176-square mile ``Tryon Foothills'' viticultural area in Polk County, North Carolina. 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.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is soliciting comments on a proposal to change the name of the proposed ``Wanapum Village'' American viticultural area (AVA) to ``Beverly, Washington.'' The proposed AVA area is located in Grant County, Washington and is entirely within the existing Columbia Valley 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. TTB invites comments on these proposals.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 97,733-acre ``San Luis Rey'' American viticultural area (AVA) in San Diego County, California. The proposed AVA is located entirely within the existing South Coast 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. TTB invites comments on these proposals.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 7,296-acre ``Winters Highlands'' viticultural area in portions of Solano and Yolo Counties in California. The Winters Highlands viticultural area is not located 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.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 7,605-acre ``Long Valley-Lake County'' viticultural area in Lake County, California. Additionally, TTB is expanding the boundary of the established 14,000-acre High Valley viticultural area by approximately 1,542 acres in order to create a contiguous border with the Long Valley-Lake County viticultural area. Finally, TTB is modifying the boundary of the North Coast viticultural area to eliminate a partial overlap with the Long Valley-Lake County 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.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is extending, for an additional 60 days, the comment period for a notice of proposed rulemaking it published as Notice No. 221, entitled, ``Proposed Establishment of the Crystal Springs of Napa Valley Viticultural Area.'' TTB is taking this action in response to a request to extend the comment period from a wine industry trade association.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the approximately 167,146-acre ``Contra Costa'' American viticultural area (AVA) in Contra Costa County, California. Only the westernmost portion of the proposed AVA would lie in the established San Francisco Bay and Central Coast AVAs. To avoid this partial overlap, TTB proposes to expand the boundary of the established San Francisco Bay and Central Coast AVAs to entirely encompass the proposed Contra Costa AVA. The proposed expansions would add approximately 109,955 acres to each of the established AVAs. 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 these proposals.

This final rule amends the Alcohol and Tobacco Tax and Trade Bureau regulations that set forth the standards of identity for distilled spirits to include ``Singani'' as a type of brandy that is a distinctive product of Bolivia. This amendment follows a joint petition submitted by the Plurinational State of Bolivia and Singani 63, Inc., and subsequent discussions with the Office of the United States Trade Representative.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is extending for an additional 90 days the comment period for an advance notice of proposed rulemaking it published on November 9, 2022, entitled, ``Consideration of Updates to Trade Practice Regulations.'' TTB is taking this action in response to a joint request made by eight alcohol industry trade associations.

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 2,415-acre ``Wanapum Village'' American viticultural area (AVA) in Grant County, Washington. The proposed AVA area is located entirely within the existing Columbia Valley 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. TTB invites comments on these proposals.

As part of our continuing effort to reduce paperwork and respondent burden, and as required by the Paperwork Reduction Act of 1995, we invite comments on the proposed or continuing information collections listed below in this document.

Elsewhere in this issue of the Federal Register, by means of a temporary rule, the Alcohol and Tobacco Tax and Trade Bureau (TTB) is implementing certain changes made to the Internal Revenue Code by the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (Tax Relief Act of 2020), which amended the Craft Beverage Modernization Act (CBMA) provisions of the Tax Cuts and Jobs Act of 2017. The temporary rule establishes procedures for taking advantage of quantity-limited reduced tax rates and tax credits applicable to imported alcohol products. The text of the regulations in that temporary rule serves as the text of the proposed regulations. This document also proposes to amend the regulations to clarify that a foreign producer may not assign CBMA tax benefits on distilled spirits, wine, or beer unless it produces the product. In this document, TTB is soliciting comments on the regulatory amendments adopted in the temporary rule and on the amendment proposed in this notice of proposed rulemaking.