80_FR_38274 80 FR 38147 - Proposed Establishment of the Champlain Valley of New York Viticultural Area

80 FR 38147 - Proposed Establishment of the Champlain Valley of New York Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 80, Issue 127 (July 2, 2015)

Page Range38147-38152
FR Document2015-16343

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the ``Champlain Valley of New York'' viticultural area in Clinton and Essex Counties, New York. The proposed viticultural area does not lie within or contain any 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.

Federal Register, Volume 80 Issue 127 (Thursday, July 2, 2015)
[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Proposed Rules]
[Pages 38147-38152]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16343]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2015-0010; Notice No. 154]
RIN 1513-AC19


Proposed Establishment of the Champlain Valley of New York 
Viticultural Area

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to 
establish the ``Champlain Valley of New York'' viticultural area in 
Clinton and Essex Counties, New York. The proposed viticultural area 
does not lie within or contain any established viticultural area. TTB 
designates viticultural areas to allow vintners to better describe the 
origin of their wines and to allow consumers to better identify wines 
they may purchase. TTB invites comments on this proposed addition to 
its regulations.

DATES: Comments must be received by August 31, 2015.

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-2015-0010 
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 400, 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, 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 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 the standards for the preparation and submission to TTB 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 the 
wine's geographic origin. The

[[Page 38148]]

establishment of AVAs allows vintners to describe more accurately the 
origin of their wines to consumers and helps consumers to identify 
wines they may purchase. Establishment of an AVA is neither an approval 
nor an endorsement by TTB of the wine produced in that area.

Requirements

    Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2)) 
outlines the procedure for proposing an AVA and provides that any 
interested party may petition TTB to establish a grape-growing region 
as a viticultural area. Section 9.12 of the TTB regulations (27 CFR 
9.12) prescribes the standards for petitions for the establishment or 
modification of AVAs. Petitions to establish an AVA must include the 
following:
     Evidence that the area within the proposed AVA boundary is 
nationally or locally known by the viticultural area 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 boundary;
     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.

Champlain Valley of New York Petition

    TTB received a petition from Colin Read, owner of North Star 
Vineyard, on behalf of the Lake Champlain Grape Growers Association, 
proposing the establishment of the ``Champlain Valley of New York'' 
AVA. The proposed AVA is located within a long, narrow valley on the 
western shore of Lake Champlain and is approximately 82 miles long and 
approximately 20 miles wide at its widest point. The proposed AVA 
encompasses approximately 500 square miles and has 6 bonded wineries, 
as well as 11 commercial vineyards covering a total of approximately 
15.47 acres distributed throughout the proposed AVA. The petition notes 
that there are an additional 63 acres of vineyards planned for planting 
within the proposed AVA in the next few years.
    According to the petition, the distinguishing feature of the 
proposed Champlain Valley of New York AVA is its short growing season, 
which is conducive to growing cold-hardy North American hybrid 
varieties of grapes (such as Frontenac, La Crescent, and Marquette) but 
not Vitis vinifera (V. vinifera) grapes. The petition also included 
descriptions of the precipitation, topography, soils, and geology of 
the proposed AVA. However, the petition did not discuss the 
viticultural significance of these features or provide data from the 
surrounding regions for contrast. Therefore, TTB does not consider them 
to be distinguishing features of the proposed AVA, and they are not 
discussed in this proposed rule. Unless otherwise noted, all 
information and data pertaining to the proposed AVA contained in this 
document are from the petition for the proposed Champlain Valley of New 
York AVA and its supporting exhibits.

Name Evidence

    The proposed Champlain Valley of New York AVA derives its name from 
Lake Champlain, which lies on the border between New York and the State 
of Vermont and extends north into the Canadian Province of Quebec. 
According to the petition, the long, narrow valley surrounding the lake 
has been known as the Champlain Valley since the region was explored 
and settled by French and English explorers. Because the name 
``Champlain Valley'' also applies to the portions of the valley that 
are in Vermont and Canada, the petitioner proposed the name ``Champlain 
Valley of New York'' to more accurately describe the location of the 
proposed AVA.
    Federal and State agencies and departments currently refer to the 
region of the proposed AVA as the ``Champlain Valley.'' In 2005, 
Congress designated Lake Champlain and Lake George, which is 
immediately to the south of Lake Champlain, as a single National 
Heritage Area formally known as the Champlain Valley National Heritage 
Partnership (CVNHP). The purpose of the CVNHP is ``to promote the 
Champlain Valley's natural and cultural treasures.'' \1\ The Champlain 
Valley International Wine Trail was created in 2012 as part of the 
CVNHP to promote the wineries and vineyards along the lake in Canada, 
New York, and Vermont and allows visitors ``to learn about the 
tremendous offering of vineyards and wineries in the unique terroir of 
the Champlain Valley.'' \2\ The USDA soil survey for Clinton and Essex 
Counties, where the proposed AVA is located, designates the region of 
the proposed AVA as ``Champlain Valley.'' Finally, the Essex County 
Public Health Department published a map of hiking trails and 
recreational areas in the region of the proposed AVA titled ``The 
Adirondack Park: Champlain Valley Region.''
---------------------------------------------------------------------------

    \1\ www.champlainvalleynhp.org/index.htm.
    \2\ www.lcbp.org/2012/11/champlain-international-wine-trail-announced.
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    The petition also included names of businesses and organizations 
throughout the proposed AVA that include ``Champlain Valley'' in their 
names. Examples from Plattsburg, located at the northern end of the 
proposed AVA, include the Champlain Valley Transportation Museum, 
Champlain Valley Physicians Hospital, and Champlain Valley Educational 
Services. Examples from Ticonderoga, at the southern end of the 
proposed AVA, include Champlain Valley Heating and Plumbing, Champlain 
Valley Chiropractic Service, and the Champlain Valley Services 
landscaping company.

Boundary Evidence

    The proposed Champlain Valley of New York AVA consists of a long, 
narrow, relatively flat valley located along the western shore of Lake 
Champlain in Clinton and Essex Counties, New York. The north-south 
oriented valley roughly corresponds to the region of New York that was 
once covered by Lake Vermont, an ancient glacial lake that covered the 
region approximately 12,000 years ago and was a precursor to Lake 
Champlain. The proposed AVA encompasses approximately 500 square miles. 
It stretches approximately 82 miles from the U.S.-Canada border to 
Ticonderoga, New York, at the southern tip of Lake Champlain. The width 
of the proposed AVA ranges from approximately 20 miles across at it 
widest point, which is along the U.S.-Canada border, to less than 5 
miles wide at its narrowest point, which is the land between State 
Highway 22 and the shore of Lake Champlain south of Port Henry, New 
York.
    The northern boundary of the proposed Champlain Valley of New York 
AVA follows the U.S.-Canada border. The eastern boundary follows the 
western shoreline of Lake Champlain. To the east of both Lake Champlain 
and the proposed AVA is the Vermont side of the Champlain Valley, which 
has physical features similar to those of the New York side, but has a 
longer growing season. The southern boundary of the proposed AVA 
follows the Champlain-Hudson Divide, which separates the Champlain 
Valley from the Hudson River Valley. The western

[[Page 38149]]

boundary follows a series of creeks and roads and separates the valley 
of the proposed AVA from the foothills of the Adirondack Mountains.

Distinguishing Feature

    The distinguishing feature of the proposed Champlain Valley of New 
York AVA is a short growing season that is suitable for growing North 
American hybrid varieties of grapes but is too short for reliable 
cultivation of V. vinifera grapes. Although the proposed AVA extends 
approximately 82 miles from the U.S.-Canada border to the southern tip 
of Lake Champlain, temperatures within the proposed AVA are relatively 
uniform. The following table, derived from data included in the 
petition, lists the monthly maximum, minimum, and mean temperatures for 
four communities within the proposed AVA: Ticonderoga, located at the 
southernmost point of the proposed AVA; Peru, located approximately 50 
miles north of Ticonderoga, in the middle of the proposed AVA; 
Plattsburgh, located approximately 10 miles north of Peru; and Chazy, 
located approximately 14 miles north of Plattsburgh and approximately 8 
miles south of the U.S.-Canada border.
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    \3\ Source: National Climate Data Center, http://cdo.ncdc.noaa.gov/climatenormals/clim20/ny. Data is from monthly 
climate normals gathered by the National Oceanic and Atmospheric 
Administration from 1971-2000. Climate normal are gathered in 30-
year increments. At the time the petition was submitted, the 1971-
2000 climate normal was the most recent climate normal available for 
the region.

                                               Average Daily Maximum, Minimum, and Mean Temperatures (Degrees Fahrenheit) Within Proposed AVA \3\
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                                                                                                                             Month
                          Location                           -----------------------------------------------------------------------------------------------------------------------------------
                                                                 Jan.       Feb.       Mar.       Apr.       May        June       July       Aug.       Sep.       Oct.       Nov.       Dec.
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                                                                                           Ticonderoga
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Maximum.....................................................       29.5       29.3       40.8       53.5         68       75.7       82.1       78.2         72       59.2       44.7       32.7
Minimum.....................................................         10        8.8       22.4       33.6         46       54.5         61       57.9       50.8         40       29.5       15.9
Mean........................................................       19.8         19       31.6       43.6         57       65.1       71.5         68       61.4       49.6       37.2       24.2
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                                                                                              Peru
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Maximum.....................................................       28.1       31.1       40.9       55.1       68.3       77.4       81.8       79.6         71       59.1       45.8       32.7
Minimum.....................................................        7.9       10.2       20.6       32.5       43.5       53.2       57.7       55.6       47.7       37.2       28.1         15
Mean........................................................         18       20.7       30.7       43.8       55.9       65.2       69.7       67.6       59.3       48.1       36.9       23.9
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                                                                                           Plattsburgh
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Maximum.....................................................       27.9       29.1       39.8       54.1       67.2       76.7       81.4       78.4       70.4       58.8         45       32.2
Minimum.....................................................          9        9.4       21.1         34       44.5       54.2       59.4       57.3       49.9       39.1       29.5       15.5
Mean........................................................       18.5       19.2       30.4         44       55.9       65.4       70.4       67.8       60.2         49       37.2       23.9
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                                                                                              Chazy
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Maximum.....................................................       26.9       28.4         39         54       67.5       76.3       80.9       78.7       70.3       58.3       44.6       31.3
Minimum.....................................................        7.1          8       19.8         33       44.1       53.7       58.9       56.6       48.7       38.6       28.6       14.3
Mean........................................................         17       18.1       29.4       43.5       55.8       64.9       69.9       67.7       59.5       48.4       36.6       22.8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    Because of the cool climate, the proposed AVA has a shorter growing 
season when compared to most of the surrounding regions. The following 
table, which was derived from information included in the petition, 
compares the probability of the last spring frost and the first fall 
frost within the proposed AVA and the surrounding regions. Peru, New 
York, was chosen as the representative location within the proposed AVA 
because of its central location. The two locations east of the proposed 
AVA are both located in Vermont: South Hero, which is located on Grand 
Isle in the middle of Lake Champlain, and Burlington, which is located 
on the eastern shore of Lake Champlain southeast of South Hero. 
Whitehall, New York, is located south of the proposed AVA, in the 
Hudson River Valley. Lake Placid is located approximately 40 miles west 
of Peru, within the Adirondack Mountains. Comparison data was not 
provided for the region to the north of the proposed AVA because the 
land is within Canada and is therefore ineligible for inclusion within 
an AVA.
---------------------------------------------------------------------------

    \4\ Sources: 1971-2000 climate normal from http://cdo.ncdc.noaa.gov/climatenormals/clim20supp1/states/VT.pdf and 
http://cdo.ncdc.noaa.gov/climatenormals/clim20supp1/states/NY.pdf. 
The baseline temperature for frost is considered to be 32 degrees 
Fahrenheit.
    \5\ The date at which there is a 10 percent probability of the 
last spring frost occurring later.
    \6\ The date at which there is a 10 percent probability of the 
first fall frost occurring earlier.
    \7\ The probability level that the growing season will be longer 
is 10 percent.

                                  Comparison of Annual Frost Probabilities \4\
----------------------------------------------------------------------------------------------------------------
                                                                                                  Growing season
 Location (direction from proposed AVA)   Last spring frost date \5\   First fall frost date \6\   length (days)
                                                                                                        \7\
----------------------------------------------------------------------------------------------------------------
Peru, NY (within).......................  May 25....................  September 21..............             159
Whitehall, NY (south)...................  May 11....................  September 24..............             173
Lake Placid, NY (west)..................  June 22...................  August 30.................             116
South Hero, VT (east)...................  May 9.....................  September 27..............             183
Burlington, VT airport (east)...........  April 26..................  September 23..............             164
----------------------------------------------------------------------------------------------------------------


[[Page 38150]]

    The data shows that the proposed AVA has a later last-frost date, 
an earlier first-frost date, and a shorter growing season than the 
surrounding regions to the north, east, and south. The region east of 
the proposed AVA has a longer growing season due to the presence of 
Lake Champlain. According to the petition, as air moves eastward over 
the lake, it warms and increases in humidity. The warm, humid air 
reduces the risk of frost and contributes to a longer growing season on 
the Vermont side of the lake. Even though the lake is narrow, its 
moderating effect on surrounding temperatures is significant. The 
petition notes that South Hero, located on an island in Lake Champlain, 
is only one mile east of Peru, yet its growing season is almost 4 weeks 
longer than that of the proposed AVA.
    The region to the south of the proposed Champlain Valley of New 
York AVA also has a longer growing season. The growing season in 
Whitehall, within the Hudson River Valley, is two weeks longer than 
that of the proposed AVA. The petition attributes the longer growing 
season to the warm, moist winds that flow upward along the Hudson River 
and the Mohawk Valley. These winds are blocked from entering the 
proposed AVA by the Champlain-Hudson Divide, which is the slight ridge 
that separates the two valley systems.
    To the west of the proposed AVA, in Lake Placid within the 
Adirondack Mountains, the higher elevations bring colder temperatures 
and a growing season that is much shorter than that of the proposed 
AVA. According to the petition, the growing season within the 
Adirondack Mountains is too short for the commercial cultivation of 
grapes.
    Because of the short growing season within the proposed Champlain 
Valley of New York AVA, V. vinifera grapes do not ripen reliably, so 
vineyard owners primarily grow cold-hardy North American hybrids. By 
contrast, V. vinifera grapes are commonly grown in the Vermont portion 
of the Champlain Valley, in the Hudson River Valley, and in the Upper 
Mohawk Valley near Lake Ontario.

TTB Determination

    TTB concludes that the petition to establish the Champlain Valley 
of New York viticultural area merits consideration and public comment, 
as invited in this notice of proposed rulemaking.

Boundary Description

    See the narrative description of the boundary of the petitioned-for 
viticultural area in the proposed regulatory text published at the end 
of this proposed rule.

Maps

    The petitioner provided the required maps, and they are listed 
below in the proposed regulatory text.

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. For a wine to be labeled with a viticultural area 
name, at least 85 percent of the wine must be derived from grapes grown 
within the area represented by that name, and the wine must meet the 
other conditions listed in Sec.  4.25(e)(3) of the TTB regulations (27 
CFR 4.25(e)(3)). If the wine is not eligible for labeling with a 
viticultural area 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 viticultural 
area 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 a 
viticultural area name that was used as a brand name on a label 
approved before July 7, 1986. See Sec.  4.39(i)(2) of the TTB 
regulations (27 CFR 4.39(i)(2)) for details.
    If TTB establishes this proposed viticultural area, its name, 
``Champlain Valley of New York,'' will be recognized as a name of 
viticultural significance under Sec.  4.39(i)(3) of the TTB regulations 
(27 CFR 4.39(i)(3)). The text of the proposed regulation clarifies this 
point. Consequently, wine bottlers using the name ``Champlain Valley of 
New York'' in a brand name, including a trademark, or in another label 
reference as to the origin of the wine, would have to ensure that the 
product is eligible to use the viticultural name as an appellation of 
origin if this proposed rule is adopted as a final rule.
    TTB does not believe that ``Champlain Valley,'' standing alone, 
should have viticultural significance if the proposed viticultural area 
is established, due to the fact that the feature known as the Champlain 
Valley extends into Vermont. Accordingly, the proposed part 9 
regulatory text set forth in this document specifies only the full name 
``Champlain Valley of New York'' as a term of viticultural significance 
for purposes of part 4 of the TTB regulations.

Public Participation

Comments Invited

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

Submitting Comments

    You may submit comments on this notice 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-2015-
0010 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under 
Notice No. 154 on the TTB Web site at 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 400, Washington, DC 20005.

[[Page 38151]]

    Please submit your comments by the closing date shown above in this 
notice. Your comments must reference Notice No. 154 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 indicate if you are commenting on 
your own behalf 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-2015-0010 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. 154. 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, 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 a viticultural area name would be the result of a 
proprietor's efforts and consumer acceptance of wines from that area. 
Therefore, no regulatory flexibility analysis is required.

Executive Order 12866

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

List of Subjects in 27 CFR Part 9

    Wine.

    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. Subpart C is amended by adding Sec.  9.2__to read as follows:


Sec.  9.  Champlain Valley of New York.

    (a) Name. The name of the viticultural area described in this 
section is ``Champlain Valley of New York''. For purposes of part 4 of 
this chapter, ``Champlain Valley of New York'' is a term of 
viticultural significance.
    (b) Approved maps. The two United States Geological Survey (USGS) 
1:100,000 scale topographic maps used to determine the boundary of the 
Champlain Valley of New York viticultural area are titled:
    (1) Lake Champlain, N.Y.; VT.; N.H.; U.S.; CAN., 1962; revised 
(U.S. area) 1972; and
    (2) Glens Falls, N.Y.; VT.; N.H., 1956; revised 1972.
    (c) Boundary. The Champlain Valley of New York viticultural area is 
located in Clinton and Essex Counties, New York. The boundary of the 
Champlain Valley of New York viticultural area is as described below:
    (1) The beginning point is found on the Lake Champlain map at the 
intersection of the western shore of Lake Champlain and the U.S.-Canada 
border, just north of the town of Rouses Point.
    (2) From the beginning point, proceed south along the western shore 
of Lake Champlain approximately 109.4 miles, crossing onto the Glens 
Falls map, to a road marked on the map as State Route 73 (now known as 
State Route 74) and known locally as Fort Ti Road, at the Fort 
Ticonderoga-Larrabees Point Ferry landing; then
    (3) Proceed west along State Route 73 (State Route 74/Fort Ti Road) 
approximately 1.6 miles to State Route 22; then
    (4) Proceed north along State Route 22 approximately 21 miles, 
crossing onto the Lake Champlain map and passing through the town of 
Port Henry, to an unnamed light-duty road known locally as County Road 
44 (Stevenson Road); then
    (5) Proceed north along County Road 44 (Stevenson Road) 
approximately 5.8 miles to a railroad track; then
    (6) Proceed northerly along the railroad track approximately 1.6 
miles to State Route 9N, west of the town of Westport; then
    (7) Proceed westerly along State Route 9N approximately 4.1 miles 
to Interstate 87; then
    (8) Proceed north along Interstate 87 approximately 21 miles to the 
Ausable River, southwest of the town of Keeseville; then
    (9) Proceed west (upstream) along the Ausable River approximately 6 
miles to a bridge connecting two unnamed light-duty roads known locally 
as Burke Road and Lower Road in the town of Clintonville, and proceed 
north along the bridge to Lower Road; then
    (10) Proceed west along Lower Road approximately 0.6 mile to State 
Route 9N; then
    (11) Proceed west along State Route 9N approximately 0.8 mile to an 
unnamed light-duty road known locally

[[Page 38152]]

as County Route 39 (Clintonville Road); then
    (12) Proceed north along County Route 39 (Clintonville Road) 
approximately 1.5 miles to the second crossing of the Little Ausable 
River, west of Cook Mountain; then
    (13) Proceed northeast along the Little Ausable River approximately 
3.5 miles to the confluence of the river with Furnace Brook, near the 
town of Harkness; then
    (14) Proceed west along Furnace Brook approximately 0.17 mile to an 
unnamed light-duty road known locally as County Route 40 (Calkins 
Road); then
    (15) Proceed north along County Route 40 (Calkins Road) 
approximately 5.8 miles to an unnamed light-duty road known locally as 
County Route 35 (Peasleeville Road), south of an unnamed creek known 
locally as Arnold Brook; then
    (16) Proceed west along County Route 35 (Peasleeville Road) 
approximately 0.1 mile to an unnamed light-duty road known locally as 
Connors Road; then
    (17) Proceed north along Connors Road approximately 2.1 miles, 
crossing the Salmon River, to an unnamed light-duty road known locally 
as County Route 33 (Norrisville Road); then
    (18) Proceed west along County Route 33 (Norrisville Road) 
approximately 1.2 miles to an unnamed light-duty road known locally as 
Shingle Street; then
    (19) Proceed north along Shingle Street approximately 4 miles to an 
unnamed light-duty road known locally as County Route 31 (Rabideau 
Street); then
    (20) Proceed west along County Route 31 (Rabideau Street) 
approximately 0.4 mile to an unnamed light-duty road known locally as 
Goddeau Street; then
    (21) Proceed north along Goddeau Street approximately 0.9 mile, 
crossing the Saranac River, to State Route 3 just east of the town of 
Cadyville; then
    (22) Proceed east along State Route 3 approximately 0.5 mile to an 
unnamed light-duty road known locally as Akey Road; then
    (23) Proceed north on Akey Road approximately 0.2 mile to State 
Route 374; then
    (24) Proceed east along State Route 374 approximately 3.6 miles to 
State Route 190, also known locally as Military Turnpike; then
    (25) Proceed northwest along State Route 190 (Military Turnpike) 
approximately 15.2 miles to an unnamed light-duty road just east of 
Park Brook known locally as County Route 12 (Alder Bend Road), 
northwest of Miner Lake State Park; then
    (26) Proceed north along County Route 12 (Alder Bend Road) 
approximately 3 miles to U.S. Highway 11; then
    (27) Proceed west along U.S. Highway 11 approximately 1.7 miles to 
an unnamed light-duty road known locally as County Route 10 (Cannon 
Corners Road); then
    (28) Proceed north along County Route 10 (Cannon Corners Road) 
approximately 6 miles to the U.S.-Canada border; then
    (29) Proceed east along the U.S.-Canada border approximately 19.8 
miles, returning to the beginning point.

    Dated: June 24, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-16343 Filed 7-1-15; 8:45 am]
 BILLING CODE 4810-31-P



                                                                                Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Proposed Rules                                             38147

                                                      VI. Environmental Impact                                 360f, 360h–360j, 371, 374, 379e, 381; 42               requirements for submitting comments,
                                                                                                               U.S.C. 216, 241, 262, 263, 264; sec 122, Pub.          and for information on how to request
                                                         The Agency has determined under 21                    L. 105–115, 111 Stat. 2322 (21 U.S.C. 355
                                                      CFR 25.30(h) that this action is of a type                                                                      a public hearing or view or obtain
                                                                                                               note).
                                                      that does not individually or                                                                                   copies of the petition and supporting
                                                      cumulatively have a significant adverse                  § 601.25    [Removed]                                  materials.
                                                      effect on the human environment.                         ■    2. Remove § 601.25.                               FOR FURTHER INFORMATION CONTACT:
                                                      Therefore, neither an environmental                                                                             Karen A. Thornton, Regulations and
                                                                                                               § 601.26    [Removed]
                                                      assessment nor an environmental                                                                                 Rulings Division, Alcohol and Tobacco
                                                      impact statement is required.                            ■    3. Remove § 601.26.                               Tax and Trade Bureau, 1310 G Street
                                                                                                                 Dated: June 26, 2015.                                NW., Box 12, Washington, DC 20005;
                                                      VII. Federalism
                                                                                                               Leslie Kux,                                            phone 202–453–1039, ext. 175.
                                                         FDA has analyzed this proposed rule                   Associate Commissioner for Policy.                     SUPPLEMENTARY INFORMATION:
                                                      in accordance with the principles set                    [FR Doc. 2015–16367 Filed 7–1–15; 8:45 am]
                                                      forth in Executive Order 13132. FDA                                                                             Background on Viticultural Areas
                                                                                                               BILLING CODE 4164–01–P
                                                      has determined that the proposed rule,                                                                          TTB Authority
                                                      if finalized, would not contain policies
                                                      that would have substantial direct                                                                                 Section 105(e) of the Federal Alcohol
                                                      effects on the States, on the relationship               DEPARTMENT OF THE TREASURY                             Administration Act (FAA Act), 27
                                                      between the National Government and                                                                             U.S.C. 205(e), authorizes the Secretary
                                                                                                               Alcohol and Tobacco Tax and Trade                      of the Treasury to prescribe regulations
                                                      the States, or on the distribution of                    Bureau
                                                      power and responsibilities among the                                                                            for the labeling of wine, distilled spirits,
                                                      various levels of government.                                                                                   and malt beverages. The FAA Act
                                                                                                               27 CFR Part 9                                          provides that these regulations should,
                                                      Accordingly, the Agency tentatively
                                                                                                               [Docket No. TTB–2015–0010; Notice No.                  among other things, prohibit consumer
                                                      concludes that the proposed rule does
                                                                                                               154]                                                   deception and the use of misleading
                                                      not contain policies that have
                                                                                                                                                                      statements on labels and ensure that
                                                      federalism implications as defined in                    RIN 1513–AC19                                          labels provide the consumer with
                                                      the Executive Order and, consequently,
                                                                                                                                                                      adequate information as to the identity
                                                      a federalism summary impact statement                    Proposed Establishment of the
                                                                                                                                                                      and quality of the product. The Alcohol
                                                      is not required.                                         Champlain Valley of New York
                                                                                                                                                                      and Tobacco Tax and Trade Bureau
                                                                                                               Viticultural Area
                                                      VIII. Paperwork Reduction Act of 1995                                                                           (TTB) administers the FAA Act
                                                        FDA tentatively concludes that this                    AGENCY: Alcohol and Tobacco Tax and                    pursuant to section 1111(d) of the
                                                      proposed rule contains no collection of                  Trade Bureau, Treasury.                                Homeland Security Act of 2002,
                                                      information. Therefore, clearance by                     ACTION: Notice of proposed rulemaking.                 codified at 6 U.S.C. 531(d). The
                                                      OMB under the Paperwork Reduction                                                                               Secretary has delegated various
                                                                                                               SUMMARY:   The Alcohol and Tobacco Tax                 authorities through Treasury
                                                      Act of 1995 is not required.
                                                                                                               and Trade Bureau (TTB) proposes to                     Department Order 120–01, dated
                                                      IX. Comments                                             establish the ‘‘Champlain Valley of New                December 10, 2013, to the TTB
                                                         Interested persons may submit either                  York’’ viticultural area in Clinton and                Administrator to perform the functions
                                                      electronic comments regarding this                       Essex Counties, New York. The                          and duties in the administration and
                                                      document to http://www.regulations.gov                   proposed viticultural area does not lie                enforcement of this law.
                                                      or written comments to the Division of                   within or contain any established                         Part 4 of the TTB regulations (27 CFR
                                                      Dockets Management (see ADDRESSES). It                   viticultural area. TTB designates                      part 4) authorizes TTB to establish
                                                      is only necessary to send one set of                     viticultural areas to allow vintners to                definitive viticultural areas and regulate
                                                      comments. Identify comments with the                     better describe the origin of their wines              the use of their names as appellations of
                                                      docket number found in brackets in the                   and to allow consumers to better                       origin on wine labels and in wine
                                                      heading of this document. Received                       identify wines they may purchase. TTB                  advertisements. Part 9 of the TTB
                                                      comments may be seen in the Division                     invites comments on this proposed                      regulations (27 CFR part 9) sets forth the
                                                      of Dockets Management between 9 a.m.                     addition to its regulations.                           standards for the preparation and
                                                      and 4 p.m., Monday through Friday, and                   DATES: Comments must be received by                    submission to TTB of petitions for the
                                                      will be posted to the docket at http://                  August 31, 2015.                                       establishment or modification of
                                                      www.regulations.gov.                                     ADDRESSES: Please send your comments                   American viticultural areas (AVAs) and
                                                                                                               on this notice to one of the following                 lists the approved American viticultural
                                                      List of Subjects in 21 CFR Part 601                      addresses:                                             areas.
                                                         Administrative practice and                             • Internet: http://www.regulations.gov               Definition
                                                      procedure, Biologics, Confidential                       (via the online comment form for this
                                                      business information.                                    notice as posted within Docket No.                       Section 4.25(e)(1)(i) of the TTB
                                                         Therefore, under the FD&C Act, the                    TTB–2015–0010 at ‘‘Regulations.gov,’’                  regulations (27 CFR 4.25(e)(1)(i)) defines
                                                      PHS Act, and under authority delegated                   the Federal e-rulemaking portal);                      a viticultural area for American wine as
                                                                                                                 • U.S. Mail: Director, Regulations and               a delimited grape-growing region having
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      to the Commissioner of Food and Drugs,
                                                      it is proposed that 21 CFR part 601 be                   Rulings Division, Alcohol and Tobacco                  distinguishing features, as described in
                                                      amended as follows:                                      Tax and Trade Bureau, 1310 G Street                    part 9 of the regulations, and a name
                                                                                                               NW., Box 12, Washington, DC 20005; or                  and a delineated boundary, as
                                                      PART 601—LICENSING                                         • Hand delivery/courier in lieu of                   established in part 9 of the regulations.
                                                                                                               mail: Alcohol and Tobacco Tax and                      These designations allow vintners and
                                                      ■ 1. The authority citation for 21 CFR                   Trade Bureau, 1310 G Street NW., Suite                 consumers to attribute a given quality,
                                                      part 601 continues to read as follows:                   400, Washington, DC 20005.                             reputation, or other characteristic of a
                                                        Authority: 15 U.S.C. 1451–1561; 21 U.S.C.                See the Public Participation section of              wine made from grapes grown in an area
                                                      321, 351, 352, 353, 355, 356b, 360, 360c–                this notice for specific instructions and              to the wine’s geographic origin. The


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                                                      38148                     Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Proposed Rules

                                                      establishment of AVAs allows vintners                    Champlain Valley of New York AVA is                    where the proposed AVA is located,
                                                      to describe more accurately the origin of                its short growing season, which is                     designates the region of the proposed
                                                      their wines to consumers and helps                       conducive to growing cold-hardy North                  AVA as ‘‘Champlain Valley.’’ Finally,
                                                      consumers to identify wines they may                     American hybrid varieties of grapes                    the Essex County Public Health
                                                      purchase. Establishment of an AVA is                     (such as Frontenac, La Crescent, and                   Department published a map of hiking
                                                      neither an approval nor an endorsement                   Marquette) but not Vitis vinifera (V.                  trails and recreational areas in the
                                                      by TTB of the wine produced in that                      vinifera) grapes. The petition also                    region of the proposed AVA titled ‘‘The
                                                      area.                                                    included descriptions of the                           Adirondack Park: Champlain Valley
                                                                                                               precipitation, topography, soils, and                  Region.’’
                                                      Requirements                                             geology of the proposed AVA. However,                     The petition also included names of
                                                        Section 4.25(e)(2) of the TTB                          the petition did not discuss the                       businesses and organizations
                                                      regulations (27 CFR 4.25(e)(2)) outlines                 viticultural significance of these features            throughout the proposed AVA that
                                                      the procedure for proposing an AVA                       or provide data from the surrounding                   include ‘‘Champlain Valley’’ in their
                                                      and provides that any interested party                   regions for contrast. Therefore, TTB                   names. Examples from Plattsburg,
                                                      may petition TTB to establish a grape-                   does not consider them to be                           located at the northern end of the
                                                      growing region as a viticultural area.                   distinguishing features of the proposed                proposed AVA, include the Champlain
                                                      Section 9.12 of the TTB regulations (27                  AVA, and they are not discussed in this                Valley Transportation Museum,
                                                      CFR 9.12) prescribes the standards for                   proposed rule. Unless otherwise noted,                 Champlain Valley Physicians Hospital,
                                                      petitions for the establishment or                       all information and data pertaining to                 and Champlain Valley Educational
                                                      modification of AVAs. Petitions to                       the proposed AVA contained in this                     Services. Examples from Ticonderoga, at
                                                      establish an AVA must include the                        document are from the petition for the                 the southern end of the proposed AVA,
                                                      following:                                               proposed Champlain Valley of New                       include Champlain Valley Heating and
                                                        • Evidence that the area within the                    York AVA and its supporting exhibits.                  Plumbing, Champlain Valley
                                                      proposed AVA boundary is nationally                                                                             Chiropractic Service, and the
                                                      or locally known by the viticultural area                Name Evidence                                          Champlain Valley Services landscaping
                                                      name specified in the petition;                             The proposed Champlain Valley of                    company.
                                                        • An explanation of the basis for                      New York AVA derives its name from
                                                                                                                                                                      Boundary Evidence
                                                      defining the boundary of the proposed                    Lake Champlain, which lies on the
                                                      AVA;                                                     border between New York and the State                     The proposed Champlain Valley of
                                                        • A narrative description of the                       of Vermont and extends north into the                  New York AVA consists of a long,
                                                      features of the proposed AVA affecting                   Canadian Province of Quebec.                           narrow, relatively flat valley located
                                                      viticulture, such as climate, geology,                   According to the petition, the long,                   along the western shore of Lake
                                                      soils, physical features, and elevation,                 narrow valley surrounding the lake has                 Champlain in Clinton and Essex
                                                      that make the proposed AVA distinctive                   been known as the Champlain Valley                     Counties, New York. The north-south
                                                      and distinguish it from adjacent areas                   since the region was explored and                      oriented valley roughly corresponds to
                                                      outside the proposed boundary;                           settled by French and English explorers.               the region of New York that was once
                                                        • The appropriate United States                        Because the name ‘‘Champlain Valley’’                  covered by Lake Vermont, an ancient
                                                      Geological Survey (USGS) map(s)                          also applies to the portions of the valley             glacial lake that covered the region
                                                      showing the location of the proposed                     that are in Vermont and Canada, the                    approximately 12,000 years ago and was
                                                      AVA, with the boundary of the                            petitioner proposed the name                           a precursor to Lake Champlain. The
                                                      proposed AVA clearly drawn thereon;                      ‘‘Champlain Valley of New York’’ to                    proposed AVA encompasses
                                                      and                                                      more accurately describe the location of               approximately 500 square miles. It
                                                        • A detailed narrative description of                  the proposed AVA.                                      stretches approximately 82 miles from
                                                      the proposed AVA boundary based on                          Federal and State agencies and                      the U.S.-Canada border to Ticonderoga,
                                                      USGS map markings.                                       departments currently refer to the region              New York, at the southern tip of Lake
                                                                                                               of the proposed AVA as the ‘‘Champlain                 Champlain. The width of the proposed
                                                      Champlain Valley of New York Petition                                                                           AVA ranges from approximately 20
                                                                                                               Valley.’’ In 2005, Congress designated
                                                         TTB received a petition from Colin                    Lake Champlain and Lake George,                        miles across at it widest point, which is
                                                      Read, owner of North Star Vineyard, on                   which is immediately to the south of                   along the U.S.-Canada border, to less
                                                      behalf of the Lake Champlain Grape                       Lake Champlain, as a single National                   than 5 miles wide at its narrowest point,
                                                      Growers Association, proposing the                       Heritage Area formally known as the                    which is the land between State
                                                      establishment of the ‘‘Champlain Valley                  Champlain Valley National Heritage                     Highway 22 and the shore of Lake
                                                      of New York’’ AVA. The proposed AVA                      Partnership (CVNHP). The purpose of                    Champlain south of Port Henry, New
                                                      is located within a long, narrow valley                  the CVNHP is ‘‘to promote the                          York.
                                                      on the western shore of Lake Champlain                   Champlain Valley’s natural and cultural                   The northern boundary of the
                                                      and is approximately 82 miles long and                   treasures.’’ 1 The Champlain Valley                    proposed Champlain Valley of New
                                                      approximately 20 miles wide at its                       International Wine Trail was created in                York AVA follows the U.S.-Canada
                                                      widest point. The proposed AVA                           2012 as part of the CVNHP to promote                   border. The eastern boundary follows
                                                      encompasses approximately 500 square                     the wineries and vineyards along the                   the western shoreline of Lake
                                                      miles and has 6 bonded wineries, as                                                                             Champlain. To the east of both Lake
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                               lake in Canada, New York, and Vermont
                                                      well as 11 commercial vineyards                          and allows visitors ‘‘to learn about the               Champlain and the proposed AVA is the
                                                      covering a total of approximately 15.47                  tremendous offering of vineyards and                   Vermont side of the Champlain Valley,
                                                      acres distributed throughout the                         wineries in the unique terroir of the                  which has physical features similar to
                                                      proposed AVA. The petition notes that                    Champlain Valley.’’ 2 The USDA soil                    those of the New York side, but has a
                                                      there are an additional 63 acres of                      survey for Clinton and Essex Counties,                 longer growing season. The southern
                                                      vineyards planned for planting within                                                                           boundary of the proposed AVA follows
                                                      the proposed AVA in the next few years.                       1 www.champlainvalleynhp.org/index.htm.           the Champlain-Hudson Divide, which
                                                         According to the petition, the                          2 www.lcbp.org/2012/11/champlain-international-      separates the Champlain Valley from the
                                                      distinguishing feature of the proposed                   wine-trail-announced.                                  Hudson River Valley. The western


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                                                                                        Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Proposed Rules                                                                                    38149

                                                      boundary follows a series of creeks and                               short for reliable cultivation of V.                                    AVA: Ticonderoga, located at the
                                                      roads and separates the valley of the                                 vinifera grapes. Although the proposed                                  southernmost point of the proposed
                                                      proposed AVA from the foothills of the                                AVA extends approximately 82 miles                                      AVA; Peru, located approximately 50
                                                      Adirondack Mountains.                                                 from the U.S.-Canada border to the                                      miles north of Ticonderoga, in the
                                                                                                                            southern tip of Lake Champlain,                                         middle of the proposed AVA;
                                                      Distinguishing Feature                                                temperatures within the proposed AVA                                    Plattsburgh, located approximately 10
                                                         The distinguishing feature of the                                  are relatively uniform. The following                                   miles north of Peru; and Chazy, located
                                                      proposed Champlain Valley of New                                      table, derived from data included in the                                approximately 14 miles north of
                                                      York AVA is a short growing season that                               petition, lists the monthly maximum,                                    Plattsburgh and approximately 8 miles
                                                      is suitable for growing North American                                minimum, and mean temperatures for
                                                                                                                                                                                                    south of the U.S.-Canada border.
                                                      hybrid varieties of grapes but is too                                 four communities within the proposed
                                                           AVERAGE DAILY MAXIMUM, MINIMUM, AND MEAN TEMPERATURES (DEGREES FAHRENHEIT) WITHIN PROPOSED AVA 3
                                                                                                                                                                       Month
                                                           Location
                                                                                    Jan.            Feb.          Mar.           Apr.             May           June            July              Aug.         Sep.           Oct.              Nov.      Dec.

                                                                                                                                                     Ticonderoga

                                                      Maximum ...........              29.5           29.3           40.8           53.5                68           75.7          82.1             78.2             72          59.2             44.7      32.7
                                                      Minimum ............               10            8.8           22.4           33.6                46           54.5           61              57.9           50.8           40              29.5      15.9
                                                      Mean .................           19.8             19           31.6           43.6                57           65.1          71.5               68           61.4          49.6             37.2      24.2

                                                                                                                                                             Peru

                                                      Maximum ...........              28.1           31.1           40.9           55.1            68.3             77.4          81.8             79.6             71          59.1             45.8      32.7
                                                      Minimum ............              7.9           10.2           20.6           32.5            43.5             53.2          57.7             55.6           47.7          37.2             28.1       15
                                                      Mean .................             18           20.7           30.7           43.8            55.9             65.2          69.7             67.6           59.3          48.1             36.9      23.9

                                                                                                                                                        Plattsburgh

                                                      Maximum ...........              27.9           29.1           39.8           54.1            67.2             76.7          81.4             78.4           70.4          58.8               45      32.2
                                                      Minimum ............                9            9.4           21.1            34             44.5             54.2          59.4             57.3           49.9          39.1             29.5      15.5
                                                      Mean .................           18.5           19.2           30.4             44            55.9             65.4          70.4             67.8           60.2            49             37.2      23.9

                                                                                                                                                             Chazy

                                                      Maximum ...........              26.9           28.4             39            54             67.5             76.3          80.9             78.7           70.3          58.3             44.6      31.3
                                                      Minimum ............              7.1              8           19.8            33             44.1             53.7          58.9             56.6           48.7          38.6             28.6      14.3
                                                      Mean .................             17           18.1           29.4           43.5            55.8             64.9          69.9             67.7           59.5          48.4             36.6      22.8



                                                        Because of the cool climate, the                                    the representative location within the                                  the proposed AVA, in the Hudson River
                                                      proposed AVA has a shorter growing                                    proposed AVA because of its central                                     Valley. Lake Placid is located
                                                      season when compared to most of the                                   location. The two locations east of the                                 approximately 40 miles west of Peru,
                                                      surrounding regions. The following                                    proposed AVA are both located in                                        within the Adirondack Mountains.
                                                      table, which was derived from                                         Vermont: South Hero, which is located                                   Comparison data was not provided for
                                                      information included in the petition,                                 on Grand Isle in the middle of Lake                                     the region to the north of the proposed
                                                      compares the probability of the last                                  Champlain, and Burlington, which is                                     AVA because the land is within Canada
                                                      spring frost and the first fall frost within                          located on the eastern shore of Lake                                    and is therefore ineligible for inclusion
                                                      the proposed AVA and the surrounding                                  Champlain southeast of South Hero.                                      within an AVA.
                                                      regions. Peru, New York, was chosen as                                Whitehall, New York, is located south of

                                                                                                                    COMPARISON OF ANNUAL FROST PROBABILITIES 4
                                                                                                                                                                                                                                                   Growing sea-
                                                                      Location (direction from proposed AVA)                                             Last spring frost date 5                          First fall frost date 6                  son length
                                                                                                                                                                                                                                                     (days) 7

                                                      Peru, NY (within) .......................................................................   May 25 ....................................      September 21 .........................                   159
                                                      Whitehall, NY (south) ................................................................      May 11 ....................................      September 24 .........................                   173
                                                      Lake Placid, NY (west) .............................................................        June 22 ...................................      August 30 ................................               116
                                                      South Hero, VT (east) ...............................................................       May 9 ......................................     September 27 .........................                   183
                                                      Burlington, VT airport (east) .....................................................         April 26 ....................................    September 23 .........................                   164
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                         3 Source: National Climate Data Center, http://                       4 Sources: 1971–2000 climate normal from                               5 The date at which there is a 10 percent

                                                      cdo.ncdc.noaa.gov/climatenormals/clim20/ny. Data                      http://cdo.ncdc.noaa.gov/climatenormals/                                probability of the last spring frost occurring later.
                                                      is from monthly climate normals gathered by the                       clim20supp1/states/VT.pdf and http://                                     6 The date at which there is a 10 percent
                                                      National Oceanic and Atmospheric Administration                       cdo.ncdc.noaa.gov/climatenormals/clim20supp1/                           probability of the first fall frost occurring earlier.
                                                      from 1971–2000. Climate normal are gathered in 30-
                                                                                                                            states/NY.pdf. The baseline temperature for frost is                      7 The probability level that the growing season
                                                      year increments. At the time the petition was
                                                      submitted, the 1971–2000 climate normal was the                       considered to be 32 degrees Fahrenheit.                                 will be longer is 10 percent.
                                                      most recent climate normal available for the region.



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                                                      38150                     Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Proposed Rules

                                                         The data shows that the proposed                      regulatory text published at the end of               Public Participation
                                                      AVA has a later last-frost date, an earlier              this proposed rule.                                   Comments Invited
                                                      first-frost date, and a shorter growing
                                                      season than the surrounding regions to                   Maps                                                     TTB invites comments from interested
                                                      the north, east, and south. The region                                                                         members of the public on whether it
                                                                                                                 The petitioner provided the required                should establish the proposed
                                                      east of the proposed AVA has a longer                    maps, and they are listed below in the
                                                      growing season due to the presence of                                                                          viticultural area. TTB is also interested
                                                                                                               proposed regulatory text.                             in receiving comments on the
                                                      Lake Champlain. According to the
                                                      petition, as air moves eastward over the                 Impact on Current Wine Labels                         sufficiency and accuracy of the name,
                                                      lake, it warms and increases in                                                                                boundary, soils, climate, and other
                                                      humidity. The warm, humid air reduces                       Part 4 of the TTB regulations prohibits            required information submitted in
                                                      the risk of frost and contributes to a                   any label reference on a wine that                    support of the petition. Please provide
                                                      longer growing season on the Vermont                     indicates or implies an origin other than             any available specific information in
                                                      side of the lake. Even though the lake                   the wine’s true place of origin. For a                support of your comments.
                                                      is narrow, its moderating effect on                      wine to be labeled with a viticultural                   Because of the potential impact of the
                                                      surrounding temperatures is significant.                 area name, at least 85 percent of the                 establishment of the proposed
                                                      The petition notes that South Hero,                      wine must be derived from grapes                      Champlain Valley of New York AVA on
                                                      located on an island in Lake Champlain,                  grown within the area represented by                  wine labels that include the term
                                                      is only one mile east of Peru, yet its                   that name, and the wine must meet the                 ‘‘Champlain Valley of New York’’ as
                                                      growing season is almost 4 weeks longer                  other conditions listed in § 4.25(e)(3) of            discussed above under Impact on
                                                      than that of the proposed AVA.                           the TTB regulations (27 CFR 4.25(e)(3)).              Current Wine Labels, TTB is
                                                         The region to the south of the                        If the wine is not eligible for labeling              particularly interested in comments
                                                      proposed Champlain Valley of New                         with a viticultural area name and that                regarding whether there will be a
                                                      York AVA also has a longer growing                       name appears in the brand name, then                  conflict between the proposed area
                                                      season. The growing season in                            the label is not in compliance and the                name and currently used brand names.
                                                      Whitehall, within the Hudson River                       bottler must change the brand name and                If a commenter believes that a conflict
                                                      Valley, is two weeks longer than that of                 obtain approval of a new label.                       will arise, the comment should describe
                                                      the proposed AVA. The petition                           Similarly, if the viticultural area name              the nature of that conflict, including any
                                                      attributes the longer growing season to                  appears in another reference on the                   anticipated negative economic impact
                                                      the warm, moist winds that flow                          label in a misleading manner, the bottler             that approval of the proposed
                                                      upward along the Hudson River and the                    would have to obtain approval of a new                viticultural area will have on an existing
                                                      Mohawk Valley. These winds are                           label. Different rules apply if a wine has            viticultural enterprise. TTB is also
                                                      blocked from entering the proposed                                                                             interested in receiving suggestions for
                                                                                                               a brand name containing a viticultural
                                                      AVA by the Champlain-Hudson Divide,                                                                            ways to avoid conflicts, for example, by
                                                                                                               area name that was used as a brand
                                                      which is the slight ridge that separates                                                                       adopting a modified or different name
                                                                                                               name on a label approved before July 7,
                                                      the two valley systems.                                                                                        for the viticultural area.
                                                                                                               1986. See § 4.39(i)(2) of the TTB
                                                         To the west of the proposed AVA, in                                                                         Submitting Comments
                                                                                                               regulations (27 CFR 4.39(i)(2)) for
                                                      Lake Placid within the Adirondack
                                                                                                               details.                                                 You may submit comments on this
                                                      Mountains, the higher elevations bring
                                                      colder temperatures and a growing                           If TTB establishes this proposed                   notice by using one of the following
                                                      season that is much shorter than that of                 viticultural area, its name, ‘‘Champlain              three methods:
                                                      the proposed AVA. According to the                       Valley of New York,’’ will be recognized                 • Federal e-Rulemaking Portal: You
                                                      petition, the growing season within the                  as a name of viticultural significance                may send comments via the online
                                                      Adirondack Mountains is too short for                    under § 4.39(i)(3) of the TTB regulations             comment form posted with this notice
                                                      the commercial cultivation of grapes.                    (27 CFR 4.39(i)(3)). The text of the                  within Docket No. TTB–2015–0010 on
                                                         Because of the short growing season                   proposed regulation clarifies this point.             ‘‘Regulations.gov,’’ the Federal e-
                                                      within the proposed Champlain Valley                     Consequently, wine bottlers using the                 rulemaking portal, at http://
                                                      of New York AVA, V. vinifera grapes do                   name ‘‘Champlain Valley of New York’’                 www.regulations.gov. A direct link to
                                                      not ripen reliably, so vineyard owners                   in a brand name, including a trademark,               that docket is available under Notice
                                                      primarily grow cold-hardy North                          or in another label reference as to the               No. 154 on the TTB Web site at
                                                      American hybrids. By contrast, V.                        origin of the wine, would have to ensure              http://www.ttb.gov/wine/wine-
                                                      vinifera grapes are commonly grown in                    that the product is eligible to use the               rulemaking.shtml. Supplemental files
                                                      the Vermont portion of the Champlain                     viticultural name as an appellation of                may be attached to comments submitted
                                                      Valley, in the Hudson River Valley, and                  origin if this proposed rule is adopted               via Regulations.gov. For complete
                                                      in the Upper Mohawk Valley near Lake                     as a final rule.                                      instructions on how to use
                                                      Ontario.                                                                                                       Regulations.gov, visit the site and click
                                                                                                                  TTB does not believe that ‘‘Champlain              on the ‘‘Help’’ tab.
                                                      TTB Determination                                        Valley,’’ standing alone, should have                    • U.S. Mail: You may send comments
                                                        TTB concludes that the petition to                     viticultural significance if the proposed             via postal mail to the Director,
                                                      establish the Champlain Valley of New                    viticultural area is established, due to              Regulations and Rulings Division,
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      York viticultural area merits                            the fact that the feature known as the                Alcohol and Tobacco Tax and Trade
                                                      consideration and public comment, as                     Champlain Valley extends into                         Bureau, 1310 G Street NW., Box 12,
                                                      invited in this notice of proposed                       Vermont. Accordingly, the proposed                    Washington, DC 20005.
                                                      rulemaking.                                              part 9 regulatory text set forth in this                 • Hand Delivery/Courier: You may
                                                                                                               document specifies only the full name                 hand-carry your comments or have them
                                                      Boundary Description                                     ‘‘Champlain Valley of New York’’ as a                 hand-carried to the Alcohol and
                                                        See the narrative description of the                   term of viticultural significance for                 Tobacco Tax and Trade Bureau, 1310 G
                                                      boundary of the petitioned-for                           purposes of part 4 of the TTB                         Street NW., Suite 400, Washington, DC
                                                      viticultural area in the proposed                        regulations.                                          20005.


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                                                                                Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Proposed Rules                                           38151

                                                         Please submit your comments by the                    appointment at the TTB Information                        (b) Approved maps. The two United
                                                      closing date shown above in this notice.                 Resource Center, 1310 G Street NW.,                     States Geological Survey (USGS)
                                                      Your comments must reference Notice                      Washington, DC 20005. You may also                      1:100,000 scale topographic maps used
                                                      No. 154 and include your name and                        obtain copies at 20 cents per 8.5- x 11-                to determine the boundary of the
                                                      mailing address. Your comments also                      inch page. Please note that TTB is                      Champlain Valley of New York
                                                      must be made in English, be legible, and                 unable to provide copies of USGS maps                   viticultural area are titled:
                                                      be written in language acceptable for                    or other similarly-sized documents that                   (1) Lake Champlain, N.Y.; VT.; N.H.;
                                                      public disclosure. TTB does not                          may be included as part of the AVA                      U.S.; CAN., 1962; revised (U.S. area)
                                                      acknowledge receipt of comments, and                     petition. Contact TTB’s information                     1972; and
                                                      TTB considers all comments as                            specialist at the above address or by                     (2) Glens Falls, N.Y.; VT.; N.H., 1956;
                                                      originals.                                               telephone at 202–453–2270 to schedule                   revised 1972.
                                                         In your comment, please clearly                       an appointment or to request copies of                    (c) Boundary. The Champlain Valley
                                                      indicate if you are commenting on your                   comments or other materials.                            of New York viticultural area is located
                                                      own behalf or on behalf of an                                                                                    in Clinton and Essex Counties, New
                                                      association, business, or other entity. If               Regulatory Flexibility Act                              York. The boundary of the Champlain
                                                      you are commenting on behalf of an                          TTB certifies that this proposed                     Valley of New York viticultural area is
                                                      entity, your comment must include the                    regulation, if adopted, would not have                  as described below:
                                                      entity’s name, as well as your name and                  a significant economic impact on a                        (1) The beginning point is found on
                                                      position title. If you comment via                       substantial number of small entities.                   the Lake Champlain map at the
                                                      Regulations.gov, please enter the                        The proposed regulation imposes no                      intersection of the western shore of Lake
                                                      entity’s name in the ‘‘Organization’’                    new reporting, recordkeeping, or other                  Champlain and the U.S.–Canada border,
                                                      blank of the online comment form. If                     administrative requirement. Any benefit                 just north of the town of Rouses Point.
                                                      you comment via postal mail or hand                      derived from the use of a viticultural                    (2) From the beginning point, proceed
                                                      delivery/courier, please submit your                     area name would be the result of a                      south along the western shore of Lake
                                                      entity’s comment on letterhead.                          proprietor’s efforts and consumer                       Champlain approximately 109.4 miles,
                                                         You may also write to the                             acceptance of wines from that area.                     crossing onto the Glens Falls map, to a
                                                      Administrator before the comment                         Therefore, no regulatory flexibility                    road marked on the map as State Route
                                                      closing date to ask for a public hearing.                analysis is required.                                   73 (now known as State Route 74) and
                                                      The Administrator reserves the right to                                                                          known locally as Fort Ti Road, at the
                                                      determine whether to hold a public                       Executive Order 12866                                   Fort Ticonderoga–Larrabees Point Ferry
                                                      hearing.                                                   It has been determined that this                      landing; then
                                                         All submitted comments and                            proposed rule is not a significant                        (3) Proceed west along State Route 73
                                                      attachments are part of the public record                regulatory action as defined by                         (State Route 74/Fort Ti Road)
                                                      and subject to disclosure. Do not                        Executive Order 12866 of September 30,                  approximately 1.6 miles to State Route
                                                      enclose any material in your comments                    1993. Therefore, no regulatory                          22; then
                                                      that you consider to be confidential or                  assessment is required.                                   (4) Proceed north along State Route 22
                                                      inappropriate for public disclosure.                                                                             approximately 21 miles, crossing onto
                                                                                                               Drafting Information                                    the Lake Champlain map and passing
                                                      Public Disclosure
                                                                                                                 Karen A. Thornton of the Regulations                  through the town of Port Henry, to an
                                                         TTB will post, and you may view,                                                                              unnamed light-duty road known locally
                                                                                                               and Rulings Division drafted this
                                                      copies of this notice, selected                                                                                  as County Road 44 (Stevenson Road);
                                                                                                               proposed rule.
                                                      supporting materials, and any online or                                                                          then
                                                      mailed comments received about this                      List of Subjects in 27 CFR Part 9                         (5) Proceed north along County Road
                                                      proposal within Docket No. TTB–2015–                       Wine.                                                 44 (Stevenson Road) approximately 5.8
                                                      0010 on the Federal e-rulemaking                                                                                 miles to a railroad track; then
                                                      portal, Regulations.gov, at http://                        For the reasons discussed in the
                                                                                                                                                                         (6) Proceed northerly along the
                                                      www.regulations.gov. A direct link to                    preamble, TTB proposes to amend title
                                                                                                                                                                       railroad track approximately 1.6 miles
                                                      that docket is available on the TTB Web                  27, chapter I, part 9, Code of Federal
                                                                                                                                                                       to State Route 9N, west of the town of
                                                      site at http://www.ttb.gov/wine/wine-                    Regulations, as follows:
                                                                                                                                                                       Westport; then
                                                      rulemaking.shtml under Notice No. 154.                   PART 9—AMERICAN VITICULTURAL                              (7) Proceed westerly along State Route
                                                      You may also reach the relevant docket                   AREAS                                                   9N approximately 4.1 miles to Interstate
                                                      through the Regulations.gov search page                                                                          87; then
                                                      at http://www.regulations.gov. For                       ■ 1. The authority citation for part 9                    (8) Proceed north along Interstate 87
                                                      information on how to use                                continues to read as follows:                           approximately 21 miles to the Ausable
                                                      Regulations.gov, click on the site’s                                                                             River, southwest of the town of
                                                                                                                    Authority: 27 U.S.C. 205.
                                                      ‘‘Help’’ tab.                                                                                                    Keeseville; then
                                                         All posted comments will display the                                                                            (9) Proceed west (upstream) along the
                                                                                                               Subpart C—Approved American
                                                      commenter’s name, organization (if                                                                               Ausable River approximately 6 miles to
                                                                                                               Viticultural Areas
                                                      any), city, and State, and, in the case of                                                                       a bridge connecting two unnamed light-
                                                      mailed comments, all address                               2. Subpart C is amended by adding                     duty roads known locally as Burke Road
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                               ■
                                                      information, including email addresses.                  § 9.2llto read as follows:                              and Lower Road in the town of
                                                      TTB may omit voluminous attachments                                                                              Clintonville, and proceed north along
                                                      or material that the Bureau considers                    § 9.    Champlain Valley of New York.                   the bridge to Lower Road; then
                                                      unsuitable for posting.                                     (a) Name. The name of the viticultural                 (10) Proceed west along Lower Road
                                                         You may also view copies of this                      area described in this section is                       approximately 0.6 mile to State Route
                                                      notice, all related petitions, maps and                  ‘‘Champlain Valley of New York’’. For                   9N; then
                                                      other supporting materials, and any                      purposes of part 4 of this chapter,                       (11) Proceed west along State Route
                                                      electronic or mailed comments that TTB                   ‘‘Champlain Valley of New York’’ is a                   9N approximately 0.8 mile to an
                                                      receives about this proposal by                          term of viticultural significance.                      unnamed light-duty road known locally


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                                                      38152                     Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Proposed Rules

                                                      as County Route 39 (Clintonville Road);                  approximately 3 miles to U.S. Highway                 noncontroversial submittal and
                                                      then                                                     11; then                                              anticipates no adverse comments. A
                                                         (12) Proceed north along County                         (27) Proceed west along U.S. Highway                detailed rationale for the approval is set
                                                      Route 39 (Clintonville Road)                             11 approximately 1.7 miles to an                      forth in the direct final rule.
                                                      approximately 1.5 miles to the second                    unnamed light-duty road known locally                 DATES: Written comments must be
                                                      crossing of the Little Ausable River,                    as County Route 10 (Cannon Corners                    received on or before August 3, 2015.
                                                      west of Cook Mountain; then                              Road); then                                           ADDRESSES: Submit your comments,
                                                         (13) Proceed northeast along the Little                 (28) Proceed north along County                     identified by Docket ID No. EPA–R04–
                                                      Ausable River approximately 3.5 miles                    Route 10 (Cannon Corners Road)                        OAR–2015–0247 by one of the following
                                                      to the confluence of the river with                      approximately 6 miles to the U.S.–                    methods:
                                                      Furnace Brook, near the town of                          Canada border; then                                     1. www.regulations.gov: Follow the
                                                      Harkness; then                                             (29) Proceed east along the U.S.–                   on-line instructions for submitting
                                                         (14) Proceed west along Furnace                       Canada border approximately 19.8                      comments.
                                                      Brook approximately 0.17 mile to an                      miles, returning to the beginning point.                2. Email: R4–ARMS@epa.gov
                                                      unnamed light-duty road known locally                                                                            3. Fax: (404) 562–9019.
                                                                                                                 Dated: June 24, 2015.
                                                      as County Route 40 (Calkins Road); then                                                                          4. Mail: ‘‘EPA–R04–OAR–2015–
                                                         (15) Proceed north along County                       John J. Manfreda,
                                                                                                               Administrator.                                        0247,’’ Air Regulatory Management
                                                      Route 40 (Calkins Road) approximately                                                                          Section (formerly the Regulatory
                                                      5.8 miles to an unnamed light-duty road                  [FR Doc. 2015–16343 Filed 7–1–15; 8:45 am]
                                                                                                                                                                     Development Section), Air Planning and
                                                      known locally as County Route 35                         BILLING CODE 4810–31–P
                                                                                                                                                                     Implementation Branch (formerly the
                                                      (Peasleeville Road), south of an                                                                               Air Planning Branch), Air, Pesticides
                                                      unnamed creek known locally as Arnold                                                                          and Toxics Management Division, U.S.
                                                      Brook; then                                              ENVIRONMENTAL PROTECTION                              Environmental Protection Agency,
                                                         (16) Proceed west along County Route                  AGENCY                                                Region 4, 61 Forsyth Street SW.,
                                                      35 (Peasleeville Road) approximately
                                                                                                               40 CFR Part 52                                        Atlanta, Georgia 30303–8960.
                                                      0.1 mile to an unnamed light-duty road                                                                           5. Hand Delivery or Courier: Lynorae
                                                      known locally as Connors Road; then                      [EPA–R04–OAR–2015–0247; FRL–9929–83–                  Benjamin, Chief, Air Regulatory
                                                         (17) Proceed north along Connors                      Region 4]                                             Management Section, Air Planning and
                                                      Road approximately 2.1 miles, crossing
                                                                                                                                                                     Implementation Branch, Air, Pesticides
                                                      the Salmon River, to an unnamed light-                   Approval and Promulgation of                          and Toxics Management Division, U.S.
                                                      duty road known locally as County                        Implementation Plans; Mississippi;                    Environmental Protection Agency,
                                                      Route 33 (Norrisville Road); then                        Memphis, TN–AR–MS Emissions                           Region 4, 61 Forsyth Street SW.,
                                                         (18) Proceed west along County Route                  Inventory for the 2008 8-Hour Ozone                   Atlanta, Georgia 30303–8960. Such
                                                      33 (Norrisville Road) approximately 1.2                  Standard                                              deliveries are only accepted during the
                                                      miles to an unnamed light-duty road
                                                                                                               AGENCY:  Environmental Protection                     Regional Office’s normal hours of
                                                      known locally as Shingle Street; then
                                                         (19) Proceed north along Shingle                      Agency.                                               operation. The Regional Office’s official
                                                      Street approximately 4 miles to an                       ACTION: Proposed rule.                                hours of business are Monday through
                                                      unnamed light-duty road known locally                                                                          Friday, 8:30 a.m. to 4:30 p.m., excluding
                                                      as County Route 31 (Rabideau Street);                    SUMMARY:   The Environmental Protection               Federal holidays.
                                                      then                                                     Agency (EPA) is proposing to approve                  Please see the direct final rule which is
                                                         (20) Proceed west along County Route                  the portion of the state implementation               located in the Rules section of this
                                                      31 (Rabideau Street) approximately 0.4                   plan revision submitted by the State of               Federal Register for detailed
                                                      mile to an unnamed light-duty road                       Mississippi, through the Mississippi                  instructions on how to submit
                                                      known locally as Goddeau Street; then                    Department of Environmental Quality,                  comments.
                                                         (21) Proceed north along Goddeau                      on January 14, 2015, that addresses the
                                                                                                               base year emissions inventory                         FOR FURTHER INFORMATION CONTACT:
                                                      Street approximately 0.9 mile, crossing                                                                        Tiereny Bell, Air Regulatory
                                                      the Saranac River, to State Route 3 just                 requirements for the State’s portion of
                                                                                                               the Memphis, Tennessee-Mississippi-                   Management Section, Air Planning and
                                                      east of the town of Cadyville; then                                                                            Implementation Branch, Air, Pesticides
                                                         (22) Proceed east along State Route 3                 Arkansas (Memphis, TN–AR–MS) 2008
                                                                                                               8-hour ozone national ambient air                     and Toxics Management Division, U.S.
                                                      approximately 0.5 mile to an unnamed                                                                           Environmental Protection Agency,
                                                      light-duty road known locally as Akey                    quality standards (NAAQS)
                                                                                                               nonattainment area. A base year                       Region 4, 61 Forsyth Street SW.,
                                                      Road; then                                                                                                     Atlanta, Georgia 30303–8960. Ms. Bell
                                                         (23) Proceed north on Akey Road                       emissions inventory is required for all
                                                                                                               ozone nonattainment areas. The                        can be reached at (404) 562–9088 and
                                                      approximately 0.2 mile to State Route
                                                                                                               Memphis 2008 8-hour ozone NAAQS                       via electronic mail at bell.tiereny@
                                                      374; then
                                                                                                               marginal nonattainment area is                        epa.gov.
                                                         (24) Proceed east along State Route
                                                      374 approximately 3.6 miles to State                     comprised of Shelby County in                         SUPPLEMENTARY INFORMATION:        For
                                                      Route 190, also known locally as                         Tennessee, Crittenden County in                       additional information see the direct
                                                      Military Turnpike; then                                  Arkansas, and a portion of DeSoto                     final rule which is published in the
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                         (25) Proceed northwest along State                    County in Mississippi. EPA will take                  Rules section of this Federal Register. A
                                                      Route 190 (Military Turnpike)                            action on the emissions inventories for               detailed rationale for the approval is set
                                                      approximately 15.2 miles to an                           the Tennessee and Arkansas portions of                forth in the direct final rule. If no
                                                      unnamed light-duty road just east of                     the Area in separate actions. In the Final            adverse comments are received in
                                                      Park Brook known locally as County                       Rules section of this Federal Register,               response to this rule, no further activity
                                                      Route 12 (Alder Bend Road), northwest                    EPA is approving the State’s                          is contemplated. If EPA receives adverse
                                                      of Miner Lake State Park; then                           implementation plan revision as a direct              comments, the direct final rule will be
                                                         (26) Proceed north along County                       final rule without prior proposal                     withdrawn and all public comments
                                                      Route 12 (Alder Bend Road)                               because the Agency views this as a                    received will be addressed in a


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Document Created: 2015-12-15 13:14:55
Document Modified: 2015-12-15 13:14:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments must be received by August 31, 2015.
ContactKaren 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.
FR Citation80 FR 38147 
RIN Number1513-AC19

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