[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Proposed Rules]
[Pages 34474-34479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14055]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2014-0005; Notice No. 143]
RIN 1513-AC07
Proposed Expansion of the Fair Play Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
expand the approximately 33-square mile ``Fair Play'' viticultural area
in El Dorado County, California, by approximately 1,200 acres
(approximately 2 square miles). The established Fair Play viticultural
area and the proposed expansion area are located entirely within the
larger El Dorado and Sierra Foothills 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. TTB invites comments on this proposed addition to
its regulations.
DATES: Comments must be received by August 18, 2014.
ADDRESSES: Please send your comments on this notice to one of the
following addresses:
Internet: http://www.regulations.gov (via the online
comment form for this notice as posted within Docket No. TTB-2014-0005
at ``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005; or
Hand Delivery/Courier In Lieu of Mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW., Suite 200-E, Washington, DC
20005.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing or view or obtain copies
of the petition and supporting materials.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels, and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated various
authorities through Treasury Department Order 120-01 (Revised), dated
December 10, 2013, to the TTB Administrator to perform the functions
and duties in the administration and enforcement of this law.
Part 4 of the TTB regulations (27 CFR part 4) authorizes the
establishment of definitive viticultural areas and 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 American viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and a name and a delineated boundary, as
established in part 9 of the regulations. These designations allow
vintners and consumers to attribute a given quality, reputation, or
other characteristic of a wine made from grapes grown in an area to its
geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA is neither an approval nor an endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing the establishment of an AVA and
provides that any interested party may petition TTB to establish a
grape-growing region as an AVA. Petitioners may use the same procedures
to request changes involving existing AVAs. Section 9.12 of the TTB
regulations (27 CFR 9.12) prescribes standards for petitions for
modifying established AVAs. Petitions to expand an established AVA must
include the following:
Evidence that the region within the proposed expansion
area boundary is nationally or locally known by the name of the
established AVA;
An explanation of the basis for defining the boundary of
the proposed expansion area;
[[Page 34475]]
A narrative description of the features of the proposed
expansion area affecting viticulture, such as climate, geology, soils,
physical features, and elevation, that make the proposed expansion area
similar to the established AVA and distinguish it from adjacent areas
outside the established AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed expansion area, with the
boundary of the proposed expansion area clearly drawn thereon; and
A detailed narrative description of the proposed expansion
area boundary based on USGS map markings.
Petition To Expand the Fair Play AVA
TTB received a petition from Randy and Tina Rossi, owners of Saluti
Cellars winery and vineyard, proposing to expand the established ``Fair
Play'' AVA in northern California. The Fair Play AVA (27 CFR 9.168) was
established by T.D. ATF-440, which was published in the Federal
Register on February 26, 2001 (66 FR 11539). The Fair Play AVA covers
approximately 33 square miles in southern El Dorado County, California,
around the small, unincorporated community of Fair Play, and the AVA
contains approximately 250 acres of commercially-producing vineyards.
The proposed expansion area is adjacent to the northeast corner of
the existing Fair Play AVA boundary and covers approximately 1,200
acres (approximately 2 square miles). One commercial vineyard is
located within the proposed expansion area. The petition included a
letter from the president of the Fair Play Winery Association in
support of the proposed expansion. According to the petition, the
soils, climate, and topography of the proposed expansion area are
similar to those of the established AVA. Unless otherwise noted, all
information and data pertaining to the proposed expansion area
contained in this document come from the petition and its supporting
exhibits.
The Fair Play AVA and the proposed expansion area are located
within the El Dorado AVA (27 CFR 9.61), which, in turn, is located
within the larger, multicounty Sierra Foothills AVA (27 CFR 9.120). The
Fair Play AVA and the proposed expansion area do not overlap any other
established or proposed AVAs.
Name Evidence
The petition provides evidence that the proposed expansion area is
associated with the established Fair Play AVA. Saluti Cellars, the
vineyard and winery owned by the petitioners, is located within the
proposed expansion area and has a Somerset, California mailing address.
As noted in T.D. ATF-440, Somerset is one of three towns within the
established Fair Play AVA, along with Fair Play and Mount Aukum. Also,
Saluti Cellars uses the Zip code 95684. As noted in T.D. ATF-440, all
three of these communities use the Zip Code 95684. Finally, the
proposed expansion area is included in the region served by the Three
Forks Grange, which serves the communities within and adjacent to the
Fair Play AVA, including the towns of Fair Play, Somerset, and Mount
Aukum. TTB notes that the Three Forks Grange is a local unit of the
California State Grange, an agricultural fraternity and civic
organization that supports rural communities.
Boundary Evidence
The current northeastern boundary of the Fair Play AVA is shaped
roughly like a capital letter ``L.'' The current northeastern boundary
begins on the USGS Camino quadrangle map at the intersection of the
2,000-foot elevation contour and the shared boundary line of sections 9
and 10. From that point, the current northeastern boundary proceeds due
south along sections lines to the Middle Fork of the Cosumnes River on
the Aukum quadrangle map; this segment forms the upright portion of the
``L'' shape. The current northeastern boundary then follows the river
easterly (upstream) to the range line between R12E and R13E on the Omo
Ranch map; this segment of the boundary forms the bottom of the ``L''
shape. The northeastern boundary then follows the R12E/R13E range line
due south approximately 1.8 miles to the intersection of the range line
and Omo Ranch Road.
The proposed expansion area is located northeast of the established
Fair Play AVA boundary, between the 2,000-foot elevation line and the
Middle Fork of the Cosumnes River. The proposed boundary would replace
the portion of the current northeastern Fair Play AVA boundary located
between the intersection of the 2,000-foot elevation line with the
shared boundary of sections 9 and 10 (T9N/R12E) and the intersection of
the Middle Fork of the Cosumnes River with the R12E/R13E range line.
Instead of following the shared section boundary lines south from the
2,000-foot elevation contour to the Middle Fork of the Cosumnes River
and then continuing east along the river to the R12E/R13E range line,
the proposed boundary would continue east along the 2,000-foot
elevation contour to Jackass Canyon Creek, then continue southeasterly
along the creek, crossing the southwestern corner of the USGS Sly Park
quadrangle map, to Grizzly Flat Road, and would then follow the road
east to the R12E/R13E range line. From the intersection of the road
with the range line, the proposed boundary would then follow the range
line due south to Omo Ranch Road, as the current boundary does.
To the northeast of the proposed expansion area, outside both the
proposed expansion area and the established Fair Play AVA, are the El
Dorado National Forest and the region known as Grizzly Flats, which
both have higher elevations and steeper slopes than the proposed
expansion area and the established AVA. Additionally, the El Dorado
National Forest was not included in either the established AVA or the
proposed expansion area because its status as a National Forest makes
the region unavailable for commercial viticulture. To the immediate
north of both the proposed expansion area and the established Fair Play
AVA is a canyon formed by the North Fork of the Cosumnes River.
According to T.D. ATF-440, the steep sides of the canyon are unsuitable
for viticulture, and the bottom land along the river is several hundred
feet lower than the lowest elevations within either the proposed
expansion area or the established AVA.
Distinguishing Features
According to the petition, the proposed expansion area contains the
same soils, topography, and climate that distinguish the established
Fair Play AVA from the surrounding region. Because the established Fair
Play AVA is to the immediate west and south of the proposed expansion
area, the distinguishing features of the proposed expansion area will
be contrasted only with the regions to the north and east.
Soils
The soils of the proposed expansion area are primarily of the
Holland, Musick, and Shaver series. According to a United States
Department of Agriculture (USDA) custom soil resource report included
with the petition, these three series cover 70% of the proposed
expansion area. The soils are derived from granite and consist of sandy
loams and coarse sandy loams with average rooting depths between 40 and
60 inches, allowing roots to penetrate far into the soil to absorb
nutrients and water. Soils of these three series are also moderately-
drained to well-drained, which discourages mildew and rot.
[[Page 34476]]
T.D. ATF-440 describes the soils of the established Fair Play AVA
as being of the Holland, Musick, and Shaver series, as well. T.D. ATF-
440 states that the soils to the north and east of the Fair Play AVA
are primarily of the Chawanakee and Chaix series, which are shallow,
poorly drained, non-granitic soils of volcanic origin. T.D. ATF-440
also states that the Fair Play AVA boundaries were specifically drawn
to exclude shallow, poorly drained, non-granitic soils, including
volcanic soils. However, more recent evidence in the form of the USDA
custom soil resource report provided in the petition shows that the
Holland, Musick, and Shaver soils of the Fair Play AVA extend farther
to the northeast than previously thought, including into the proposed
expansion area. The soil report also confirms that soils of the
Chawanakee and Chaix series are present north and east of both the
proposed expansion area and the Fair Play AVA, and that less than 1
percent of the soils of the proposed expansion area are of these two
series.
Topography
The proposed expansion area consists of steep hillsides and ridge
tops with elevations between 2,000 and 3,000 feet, according to the
USGS maps included in the petition. The petition states that the steep
elevations minimize the risk of frost in the vineyards of the proposed
expansion area because cold air drains off the slopes and does not
settle in the vineyards.
The topography of the established Fair Play AVA is similar to that
of the proposed expansion area. T.D. ATF-440 describes the established
AVA as being composed of rolling hillsides and ridge tops, with
elevations between 2,000 and 3,000 feet. By contrast, the region to the
east of both the established AVA and the proposed expansion area is
higher and steeper, with elevations of over 3,000 feet and slopes that
are too steep for commercial viticulture. The region to the north of
both the established AVA and the proposed expansion area also has steep
slopes that are less suitable for commercial viticulture.
Climate
According to the USDA Soil Survey for El Dorado County (the ``Soil
Survey''), cited in both the current expansion petition and T.D. ATF-
440, the climate within the Fair Play region of the Sierra Foothills
changes with elevation. Rainfall, for example, generally increases
along with the elevation. The length of the growing season in the
region, however, decreases as elevation increases. T.D. ATF-440 notes
that the Soil Survey estimates that the elevations within the Fair Play
AVA generally receive between 35 and 40 inches of rain annually and
have a growing season of between 230 and 250 days. The current petition
states that because the proposed expansion area has elevations similar
to those of the established AVA, one could reasonably assume the
proposed expansion area also receives between 35 and 40 inches of rain
per year and has a growing season of between 230 and 250 days, based on
the estimates included for those elevations in the Soil Survey. The
rainfall amounts are enough to provide adequate water for vines, but
not so much as to promote mildew or rot. The length of the growing
season affects the ripening patterns of grapes and influences the
varieties grown.
By contrast, the region to the east of both the proposed expansion
area and the Fair Play AVA has higher elevations. The petition states
that based on the USDA Soil Survey description of rainfall and growing
season estimates for the county, the region to the east of the proposed
expansion area and the Fair Play AVA would be expected to have higher
rainfall amounts and a shorter growing season than both the Fair Play
AVA and the proposed expansion area.
TTB notes that it generally prefers for AVA petitions to contain
actual climate data gathered from weather stations located within the
proposed AVA or proposed expansion area and the surrounding regions,
rather than estimates of climate data. However, the USDA Soil Survey
for El Dorado County is an official U.S. Government publication and,
therefore, is considered to be a reliable source for general climate
information. Additionally, the climate estimates in the Soil Survey are
based on elevation, and the elevations of both the established AVA and
the proposed expansion area can be readily verified using the USGS maps
provided in the petition. Finally, the original petition to establish
the Fair Play AVA used the USDA Soil Survey for El Dorado County as the
basis for its discussion of the climate of the region. Therefore, in
this instance, TTB is accepting the climate estimates contained in the
expansion petition as evidence that the climate of the proposed
expansion area is similar to that of the established AVA, instead of
requiring actual climate data gathered from a weather station within
the proposed expansion area.
Comparison of the Proposed Fair Play AVA Expansion Area to the Existing
El Dorado and Sierra Foothills AVAs
El Dorado AVA
The El Dorado AVA was established by T.D. ATF-152, which was
published in the Federal Register on October 13, 1983 (48 FR 46520).
The El Dorado AVA is located on the western slopes of the Sierra Nevada
Mountains and has a generally mountainous topography with elevations
between approximately 1,200 and 3,500 feet. Rainfall amounts are
between 33 and 45 inches annually. The soils vary in depth and are
generally formed from volcanic material.
The proposed Fair Play AVA expansion area has a climate and
topography similar to the El Dorado AVA, with rolling hills and
mountains and annual rainfall amounts and elevations that fall within
the ranges of the larger AVA. However, the proposed expansion area
bears a greater similarity to the established Fair Play AVA than to the
larger El Dorado AVA. Because of their smaller sizes, both the proposed
expansion area and the Fair Play AVA have a smaller range of elevations
than the larger AVA. The smaller range of elevations also results in a
smaller range of annual rainfall amounts within the proposed expansion
area and the Fair Play AVA than within the larger AVA.
The soils of the proposed expansion area also bear a greater
similarity to the soils of the Fair Play AVA than to those of the El
Dorado AVA. As stated, the soils of the Fair Play AVA are of the
Holland, Shaver, and Musick series and are described as deep, well-
drained soils comprised mainly of granite. T.D. ATF-440 notes that the
boundaries of the Fair Play AVA were specifically drawn to exclude
shallow, poorly drained, non-granitic soils. However, the recent USDA
soil survey report provided in the petition shows that the Holland,
Shaver, and Musick series soils extend farther to the northeast than
previously believed and are found also within the proposed expansion
area. By contrast, the soils of the El Dorado AVA are described in T.D.
ATF-152 as being comprised of river gravel and non-granitic volcanic
debris and as having depths that vary from shallow to deep. The soil
survey report confirms that volcanic soils, primarily of the Chawanakee
and Chaix series, are found in greater concentrations in the region of
the El Dorado AVA immediately adjacent to the boundaries of both the
established Fair Play AVA and the proposed expansion area.
Sierra Foothills AVA
The Sierra Foothills AVA was established by T.D. ATF-261, which
[[Page 34477]]
was published in the Federal Register on November 18, 1987 (52 FR
44105). The Sierra Foothills AVA is approximately 160 miles long and
covers portions of 7 California counties in the foothills of the Sierra
Nevada Mountains. The topography of the region ranges from gently
rolling hills to progressively steeper slopes and canyons. T.D. ATF-261
describes the Sierra Foothills AVA as having lower temperatures and
greater rainfall amounts than the lower elevations of the Central
Valley to the west, and as having higher temperatures and lower
rainfall amounts than the higher, more mountainous uplands of the
Sierra Nevada Mountains to the east. Although specific soil and climate
data were not included in T.D. ATF-261, the notice of proposed
rulemaking for the Sierra Foothills AVA (Notice No. 632, 52 FR 19531,
May 26, 1987) states that vineyards within the AVA are planted at
elevations between 500 and 3,000 feet. Notice No. 632 also states that
the growing season ranges from 100 to 300 days, depending on the
elevation.
Both the proposed expansion area and the Fair Play AVA share some
similar characteristics of the larger Sierra Foothills AVA. The
proposed expansion area and the Fair Play AVA both contain rolling
hills that become progressively steeper. However, the range of
elevations within the proposed expansion area is not as great as the
range within the Sierra Foothills AVA and is more similar to the range
of elevations within the Fair Play AVA.
The climate within the proposed expansion area also shares some
characteristics with the larger Sierra Foothills AVA. As previously
discussed, rainfall amounts increase with elevation and temperatures
decrease with elevation within the Sierra Nevada Mountains and
foothills. Therefore, because the proposed expansion area is located
within the foothills of the Sierra Nevada, one could expect the
proposed expansion area to have more rain than the Central Valley and
less rainfall than the higher uplands of the Sierra Nevada Mountains.
However, because the proposed expansion area covers a smaller area with
a smaller range of elevations, one would expect its range of annual
rainfall amounts to be more similar to the Fair Play AVA, which shares
a similar range of elevations with the proposed expansion area.
Finally, the proposed expansion area has a growing season of
between 230 and 250 days, which is within the range of the Sierra
Foothills AVA. However, the length of the growing season within the
Sierra Foothills AVA can vary by as much as 200 days, depending on
elevation. By contrast, the average length of the growing season within
both the Fair Play AVA and the proposed expansion area varies only by
about 20 days, due to the smaller range of elevations within both the
Fair Play AVA and the proposed expansion area.
Technical Corrections to Boundary Description
TTB has noted an error in the current boundary instructions for the
Fair Play AVA, specifically, in paragraph (c) of Sec. 9.168.
Consequently, in paragraphs (c)(12) and (13), TTB is clarifying that,
from the South Fork of the Cosumnes River, the Fair Play AVA's western
boundary proceeds north along the western boundary of section 14, T8N/
R11E, as currently described, but then continues north along the
western boundary lines of sections 11 and 2 in T8N/R11E, and then along
the western boundary lines of sections 35 and 26 in T9N/R11E in order
to return to the boundary's beginning point at the section line's
intersection with the Middle Fork of the Cosumnes River. This
clarification would not change the location of the Fair Play AVA's
existing western boundary.
TTB also has noted the need to correct two typographical errors in
the AVA's current boundary description. In paragraph (c)(4) of Sec.
9.168, the reference to the 2,200-foot contour line incorrectly uses a
double quote mark as an abbreviation for ``feet,'' and the paragraph
incorrectly ends with a period. To correct these typographical errors
and to match the style used elsewhere in Sec. 9.168(c), TTB is
changing the elevation reference to read ``the 2200-foot contour line''
and ending the paragraph with a semi-colon. These corrections are
merely stylistic and would not change the location of the Fair Play
AVA's existing boundary, as described in paragraph (c)(4).
TTB Determination
TTB concludes that the petition to expand the boundaries of the
established Fair Play AVA merits consideration and public comment, as
invited in this notice of proposed rulemaking.
Boundary Description
See the narrative boundary description of the petitioned-for
expansion area in the proposed regulatory text published at the end of
this proposed rule.
Maps
To document the existing and proposed boundaries of the Fair Play
AVA, the petitioner provided copies of the three currently-required
USGS maps (the Aukum, Camino, and Omo Ranch quadrangle maps) and a copy
of the additional Sly Park quadrangle map. The four maps are listed
below in the proposed regulatory text.
Impact on Current Wine Labels
For a wine to be labeled with a viticultural area 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 or other viticulturally significant
term that was used as a brand name on a label approved before July 7,
1986. See 27 CFR 4.39(i)(2) for details.
The approval of the proposed expansion of the Fair Play AVA would
not affect any other existing viticultural area, and any bottlers using
``El Dorado'' or ``Sierra Foothills'' as an appellation of origin or in
a brand name for wines made from grapes grown within the El Dorado or
Sierra Foothills viticultural areas would not be affected if the
proposed expansion is approved. The expansion of the Fair Play AVA
would allow vintners to use ``Fair Play,'' ``El Dorado,'' and ``Sierra
Foothills'' as appellations of origin for wines made primarily from
grapes grown within the proposed expansion area if the wines meet the
eligibility requirements for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should expand the Fair Play AVA as proposed. TTB is
specifically interested in receiving comments on the similarity of the
proposed expansion area to the established Fair Play AVA. In addition,
TTB is interested in comments on whether the name evidence provided in
the petition demonstrates that the proposed expansion area is known by
the ``Fair Play'' name. Finally, given the location of the proposed
expansion area and the Fair Play AVA within the existing El Dorado and
Sierra Foothills viticultural areas, TTB is interested in
[[Page 34478]]
comments on whether the evidence submitted in the petition regarding
the distinguishing features of the proposed expansion area sufficiently
differentiates it from the existing El Dorado and Sierra Foothills
viticultural areas. Please provide specific information in support of
your comments.
Submitting Comments
You may submit comments on this notice of proposed rulemaking by
using one of the following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2014-
0005 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under
Notice No. 143 on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml">http://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW., Suite 200-E, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 143 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly state if you are commenting for
yourself or on behalf of an association, business, or other entity. If
you are commenting on behalf of an entity, your comment must include
the entity's name, as well as your name and position title. If you
comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this notice, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2014-0005 on the Federal e-
rulemaking portal, Regulations.gov, at http://www.regulations.gov. A
direct link to that docket is available on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml. under Notice No. 143. You may
also reach the relevant docket through the Regulations.gov search page
at http://www.regulations.gov. For information on how to use
Regulations.gov, click on the site's ``Help'' tab.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this notice of proposed rulemaking, all
related petitions, maps and other supporting materials, and any
electronic or mailed comments that TTB receives about this proposal by
appointment at the TTB Information Resource Center, 1310 G Street NW.,
Washington, DC 20005. You may also obtain copies at 20 cents per 8.5- x
11-inch page. Please note that TTB is unable to provide copies of USGS
maps or other similarly-sized documents that may be included as part of
the AVA petition. Contact TTB's information specialist at the above
address or by telephone at 202-453-2270 to schedule an appointment or
to request copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of an AVA name would be the result of a proprietor's
efforts and consumer acceptance of wines from that area. Therefore, no
regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this notice of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Section 9.168 is amended by revising paragraphs (b), (c)(4) through
(7), (c)(12), and (c)(13) to read as follows:
Sec. 9.168 Fair Play.
* * * * *
(b) Approved maps. The four United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Fair Play viticultural area are titled:
(1) Aukum, Calif., 1952 (photorevised 1973);
(2) Camino, CA, 1952 (photorevised 1973);
(3) Sly Park, CA, 1952 (photorevised 1973); and
(4) Omo Ranch, Calif., 1952 (photorevised 1973).
(c) * * *
(4) The boundary continues east along Grizzly Flat Road to its
intersection with the 2200-foot contour line (``Camino Quadrangle'');
(5) The boundary continues northeasterly and then easterly along
the 2200-foot contour line until the contour line intersects with
Jackass Canyon Creek near the eastern boundary of Section 10, T. 9 N.,
R. 12. E., on the ``Camino Quadrangle'' map;
(6) The boundary then proceeds southeast along Jackass Canyon
Creek,
[[Page 34479]]
crossing over the southwestern corner of the ``Sly Park'' Quadrangle
map and onto the ``Omo Ranch'' Quadrangle map, to the headwaters of the
creek, then proceeds in a straight line southeast to Grizzly Flat Road
in Section 24, T. 9 N., R. 12 E.;
(7) The boundary continues east along Grizzly Flat Road until the
road intersects with the range line between R. 12 E. and R. 13 E.
(``Omo Ranch Quadrangle'');
* * * * *
(12) The boundary continues west along the South Fork of the
Cosumnes River to its intersection with the western boundary of Section
14, T. 8 N., R 11 E. (``Aukum Quadrangle'');
(13) The boundary then proceeds north along the western boundary
lines of Sections 14, 11, and 2, T. 8 N., R 11 E., and then the western
boundary lines of Sections 35 and 26, T. 9 N., R 11 E., to return to
the beginning point (``Aukum Quadrangle'').
Dated: June 5, 2014.
John J. Manfreda,
Administrator.
[FR Doc. 2014-14055 Filed 6-16-14; 8:45 am]
BILLING CODE 4810-31-P