81_FR_75188 81 FR 74979 - Proposed Establishment of the Petaluma Gap Viticultural Area and Modification of the North Coast Viticultural Area

81 FR 74979 - Proposed Establishment of the Petaluma Gap Viticultural Area and Modification of the North Coast Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 81, Issue 209 (October 28, 2016)

Page Range74979-74987
FR Document2016-25972

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 202,476-acre ``Petaluma Gap'' viticultural area in portions of Sonoma and Marin Counties in California. TTB also proposes to expand the boundary of the existing 3 million-acre North Coast viticultural area by 28,077 acres in order to include the entire proposed Petaluma Gap viticultural area within it. The proposed Petaluma Gap viticultural area would also partially extend outside of the established Sonoma Coast viticultural area, but TTB is not proposing to modify the boundary of the Sonoma Coast 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 these proposals.

Federal Register, Volume 81 Issue 209 (Friday, October 28, 2016)
[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Proposed Rules]
[Pages 74979-74987]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25972]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2016-0009; Notice No. 163]
RIN 1513-AC34


Proposed Establishment of the Petaluma Gap Viticultural Area and 
Modification of the North Coast 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 202,476-acre ``Petaluma Gap'' viticultural area in 
portions of Sonoma and Marin Counties in California. TTB also proposes 
to expand the boundary of the existing 3 million-acre North Coast 
viticultural area by 28,077 acres in order to include the entire 
proposed Petaluma Gap viticultural area within it. The proposed 
Petaluma Gap viticultural area would also partially extend outside of 
the established Sonoma Coast viticultural area, but TTB is not 
proposing to modify the boundary of the Sonoma Coast 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 these proposals.

DATES: TTB must receive your comments on or before December 27, 2016.

ADDRESSES: Please send your comments on this proposal to one of the 
following addresses:
     https://www.regulations.gov (via the online comment form 
for this document as posted within Docket No. TTB-2016-009 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 document for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing.
    You may view copies of this document, selected supporting 
materials, and any comments TTB receives about this proposal at https://www.regulations.gov within Docket No. TTB-2016-0009. A link to that 
docket is posted on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 163. You also may view copies of this 
document, all related petitions, maps or other supporting materials, 
and any comments TTB receives about this proposal by appointment at the 
TTB Information Resource Center, 1310 G Street NW., Washington, DC 
20005. Please call 202-453-2270 to make an appointment.

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

[[Page 74980]]

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 (superseding Treasury Order 120-01, dated January 24, 2003), 
to the TTB Administrator to perform the functions and duties in the 
administration and enforcement of these provisions.
    Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to 
establish definitive viticultural areas and regulate the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved AVAs.

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9 
of the regulations, and a name and a delineated boundary, as 
established in part 9 of the regulations. These designations allow 
vintners and consumers to attribute a given quality, reputation, or 
other characteristic of a wine made from grapes grown in an area to its 
geographic origin. The establishment of AVAs allows vintners to 
describe more accurately the origin of their wines to consumers and 
helps consumers to identify wines they may purchase. Establishment of 
an AVA is neither an approval nor an endorsement by TTB of the wine 
produced in that area.

Requirements

    Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2)) 
outlines the procedure for proposing an AVA and provides that any 
interested party may petition TTB to establish a grape-growing region 
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes 
standards for petitions 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 AVA name specified in the petition;
     An explanation of the basis for defining the boundary of 
the proposed AVA;
     A narrative description of the features of the proposed 
AVA that affect viticulture, such as climate, geology, soils, physical 
features, and elevation, that make the proposed AVA distinctive and 
distinguish it from adjacent areas outside the proposed AVA 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.

Petition to Establish the Petaluma Gap AVA and to Modify the Boundary 
of the North Coast AVA

    TTB received a petition from the Petaluma Gap Winegrowers Alliance, 
proposing to establish the ``Petaluma Gap'' AVA and to modify the 
boundary of the existing multi-county North Coast AVA (27 CFR 9.30). 
The proposed AVA covers portions of Sonoma and Marin Counties, in 
California. There are 9 bonded wineries and 80 commercial vineyards, 
covering a total of approximately 4,000 acres, distributed throughout 
the 202,476-acre proposed AVA.
    While the proposed Petaluma Gap AVA is largely located within the 
existing North Coast AVA, a small portion of the proposed Petaluma Gap 
AVA would, if established, extend outside the current southern boundary 
of the established North Coast AVA. To address the potential partial 
overlap of the two AVAs and account for viticultural similarities 
between the proposed Petaluma Gap AVA and the larger North Coast AVA, 
the petition also proposes to expand the boundary of the North Coast 
AVA so that the entire proposed Petaluma Gap AVA would be included 
within the North Coast AVA. The proposed expansion would increase the 
size of the 3 million-acre North Coast AVA boundary by 28,077 acres.
    The proposed Petaluma Gap AVA, if established, would also partially 
overlap the southwestern boundary of the established Sonoma Coast AVA 
(27 CFR 9.116), but the Marin County portion of the proposed AVA, 
consisting of approximately 68,130 acres, would extend outside of the 
Sonoma Coast AVA. However, the petition does not propose to modify the 
boundary of the Sonoma Coast AVA for reasons which will be discussed 
later in this document, including the lack of use of the name ``Sonoma 
Coast'' outside of Sonoma County.
    The distinguishing features of the proposed Petaluma Gap AVA are 
its topography and wind speeds. Unless otherwise noted, all information 
and data contained in the following sections are from the petition to 
establish the proposed AVA and its supporting exhibits.

Proposed Petaluma Gap AVA

Name Evidence

    The proposed Petaluma Gap AVA derives its name from the city of 
Petaluma and from the geographical feature known as the ``Petaluma 
Gap,'' both of which are located within the proposed AVA. The 
``Petaluma Gap'' geographical feature is an area of low-lying hills 
which allows cool winds to flow inland from the Pacific Ocean. The Bay 
Area Air Quality Management District (BAAQMD) Web site states, ``The 
region from the Estero Lowlands to the San Pablo Bay is known as the 
Petaluma Gap. * * * Wind patterns in the Petaluma and Cotati Valleys 
are strongly influenced by the Petaluma Gap.'' \1\ In a study on the 
climate of Sonoma County, Paul Vossen, a farm advisor for the 
University of California Cooperative Extension Service in Sonoma 
County, wrote that cool marine winds extend inland ``through river 
canyons and the Petaluma gap [sic] to Sonoma Mountain.'' \2\
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    \1\ www.baaqmd.gov/~/media/Files/Planning%20and%20Research/CEQA/
BAAQMD%20CEQA%20Guidelines%20May%202011.ashx?la=en.
    \2\ Vossen, Paul, Sonoma County Climatic Zones, University of 
California Cooperative Extension Service, Sonoma County, 1986.
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    The name ``Petaluma Gap'' is also associated with the wine industry 
within the proposed AVA. The petitioner provided summaries of several 
wine-related articles that refer to the region of the proposed AVA as 
``Petaluma Gap.'' In his blog ``Fermentation: The Daily Wine Blog,'' 
Tom Wark writes, ``The `Petaluma Gap' might be a term you've heard of 
lately, particularly if you are an aficionado of Sonoma County wines.'' 
\3\ A 2007 article by Rusty Gaffney on his ``The Prince of Pinot'' blog 
says, ``The Petaluma Gap possesses a very unique microclimate.'' \4\ A 
2007 article in the magazine Wine and Spirits states, ``You can 
practically smell the ocean, just a few miles away, in the wind that 
roars between the Sonoma mountains, through the hillside and valley 
floor vineyards, creating an inland pinot oasis called the Petaluma 
Gap.'' \5\ A 2008 article titled ``Mind the (Petaluma) Gap'' in the 
Tasting Panel magazine describes

[[Page 74981]]

the region of the proposed AVA as follows: ``Located at the lower end 
of the Sonoma Coast AVA and distinguished by its close proximity to the 
Pacific Ocean, the Petaluma Gap is influenced on a daily basis by misty 
fog in the mornings, warm afternoons and chilly maritime winds in the 
evenings.'' \6\ A 2012 article in Decanter magazine describes several 
regions in California that are ``the state's most marginal sites,'' 
including ``the Petaluma Gap within the Sonoma Coast appellation * * * 
.'' \7\ A 2012 article in the Petaluma Post newspaper states, ``The 
wind and fog are the Petaluma Gap's trademark.'' \8\ Finally, a 2014 
article in the Santa Rosa Press Democrat newspaper states, ``The Gap in 
Petaluma Gap is created by Pacific Ocean winds that flow between 
Tomales Bay and Bodega Bay through a 15-mile-wide gap in the coastal 
range mountains.'' \9\
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    \3\ http://fermentationwineblog.com/2006/05/wind_fog_wine_t/, 
``Wind, Fog, Wine: The Story of `The Gap','' May 8, 2006.
    \4\ http://www.princeofpinot.com/article/281, ``Petaluma Gap: 
Fog Noir.'' January 15, 2007.
    \5\ Irwin, Heather. ``The Wind Tunnel: Sonoma County's Best Kept 
Pinot Noir Secret.'' Wine and Spirits, August 2007.
    \6\ Sawyer, Christopher. ``Mind the (Petaluma) Gap.'' The 
Tasting Panel. February 2008.
    \7\ Murphy, Linda. ``California's Coolest Pinot.'' Decanter. 
March 2010. http://www.decanter.com/people-and-places/wine-articles/483749/cool-climate-california-pinot.
    \8\ Hurson, Von. ``The Gap Roars!'' Petaluma Post. August 1, 
2012. http://www.petalumapost.com/08Aug2012-pages/index.htm.
    \9\ Boone, Virginie. ``Wines of Wind Country.'' The Press 
Democrat. February 4, 2014. http://www.pressdemocrat.com/news/1855471-181/wines-of-wind-country.
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Boundary Evidence

    The proposed Petaluma Gap AVA is located in southern Sonoma County 
and northern Marin County. The proposed AVA has a northwest-southeast 
orientation and extends from the Pacific Ocean to San Pablo Bay. The 
proposed western boundary follows the Pacific coastline from the point 
where Walker Creek enters Tomales Bay northward to the point where 
Salmon Creek enters the ocean, just north of Bodega Bay. The proposed 
northern boundary follows Salmon Creek, the 400-foot elevation contour, 
and a series of roads and lines drawn between marked elevation points 
in order to separate the lower elevations and rolling hills of the 
proposed AVA from the steeper, higher elevations to the north. The 
proposed eastern boundary follows a series of lines drawn between 
points on the USGS map, separating the proposed AVA from the higher 
elevations of Sonoma Mountain and the flatter terrain along Sonoma 
Creek and San Pablo Bay. The proposed southern boundary follows a 
series of lines drawn between marked elevation points in order to 
separate the proposed AVA from the higher elevations to the south.

Distinguishing Features

    According to the petition, the distinguishing features of the 
proposed Petaluma Gap AVA are its topography and wind speed.
Topography
    Coastal highlands and mountain ranges are characteristic of the 
California coast. However, within the proposed Petaluma Gap AVA, the 
highlands are not as pronounced as they are north and south of the 
proposed AVA. Within the proposed AVA, the topography is characterized 
by low, rolling hills. Flat land is found along the Petaluma River, 
especially east of the City of Petaluma and near the mouth of San Pablo 
Bay. Small valleys and fluvial terraces are also present. Elevations 
within the proposed AVA do not exceed 600 feet, except in a few places 
within the ridgelines that form the proposed northern, eastern, and 
southern boundaries.
    According to the petition, the low elevations and gently rolling 
terrain of the proposed Petaluma Gap create a corridor that allows 
marine winds to flow relatively unhindered from the Pacific Ocean to 
San Pablo Bay, particularly during the mid-to-late afternoon. As a 
result, cool air and marine fog enter the vineyards during the time of 
day when temperatures would normally be at their highest, bringing heat 
relief to the vines. The low elevations and rolling hills of the 
proposed AVA also allow the marine air to enter the proposed AVA at 
higher speeds than found in the surrounding areas, where higher, 
steeper mountains disrupt the flow of air. The effects of the high wind 
speeds on grapes are discussed in detail later in this document.
    To the north of the proposed Petaluma Gap AVA, the elevations are 
much higher, with elevations over 1,000 feet not uncommon in northern 
Sonoma County. The broad Santa Rosa Plain is also located north of the 
proposed AVA and has a much flatter topography than the proposed AVA. 
East of the proposed AVA, the higher elevations of Sonoma Mountain 
prevent much of the marine airflow that enters the Petaluma Gap from 
travelling farther east. East of Sonoma Mountain is the Sonoma Valley, 
which has lower elevations and flatter terrain than the proposed AVA. 
To the south of the proposed AVA, the elevations can exceed 1,000 feet.
Wind Speed
    According to the petition, marine air enters the proposed Petaluma 
Gap AVA at the Pacific coastline, between Bodega Bay and Tomales Bay. 
The air then flows southeasterly through the proposed AVA and exits at 
San Pablo Bay. Although marine breezes are present within the proposed 
AVA during most of the day, the wind speeds increase significantly in 
the afternoon hours. The petition states that in the mid-to-late 
afternoon, inland temperatures increase, causing the hot air to rise 
and pull the cooler, heavier marine air in from the coast and create 
steady winds. The following table, which was created by TTB from 
information included in the petition, shows the hourly average wind 
speed between noon and 6:00 p.m. for locations within the proposed AVA 
and the surrounding areas during the April-October growing season. Map 
5a, included in Addendum 2 to the petition, shows the locations of the 
weather stations. Because the Pacific Ocean forms the western boundary 
of the proposed AVA, comparison data is only included from the regions 
to the north, east, and south of the proposed AVA. The data in the 
table shows that average hourly afternoon wind speeds within the 
proposed AVA are consistently higher than those in the surrounding 
regions.

                                              Table 1--Average Hourly Afternoon Growing Season Wind Speeds
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Average wind speed (miles per hour)
                Location                 ---------------------------------------------------------------------------------------------------------------
                                              12 noon         1 p.m.          2 p.m.          3 p.m.          4 p.m.          5 p.m.          6 p.m.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Within proposed AVA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Valley Ford \10\........................            13.3            14.4            14.9            14.8            14.0            12.4            10.2
Bloomfield \11\.........................             5.4             7.0             7.9             8.3             8.1             7.4             6.0
Mecham Landfill \12\....................             7.7             9.5            12.0            13.7            14.6            14.8            13.8

[[Page 74982]]

 
Middle Two Rock \13\....................             8.6            10.8            12.2            13.0            13.1            12.4            10.8
Azaya Vineyard \14\.....................             5.2             6.5             7.6             8.1             8.1             7.5             6.4
Petaluma Airport \15\...................             9.5            11.1            12.1            12.2            11.5            10.3             9.0
Sun Chase Vineyard \16\.................             5.4             6.3             6.8             6.9             6.5             5.7             4.2
Sonoma Baylands \17\....................            10.5            11.4            12.0            12.4            12.4            12.0            10.7
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                                                            Outside proposed AVA (direction)
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Occidental \18\ (north).................             2.0             2.3             2.5             2.5             2.3             2.0             1.6
Belleview Ranch \19\ (north)............             2.2             3.0             3.6             3.8             3.8             3.3             2.7
Sonoma Valley \20\ (east)...............             1.7             2.0             2.4             2.6             2.5             2.1             1.6
Novato \21\ (south).....................             1.4             1.8             2.0             2.2             2.4             2.4             4.1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The petition also includes a table showing the frequency of hourly 
average afternoon wind speeds of at least 8 miles per hour for 
locations within the proposed Petaluma Gap AVA and the surrounding 
regions. The data is summarized in the following table. The period of 
record for each station is the same as used for Table 1.
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    \10\ Period of record 2009-2014.
    \11\ Period of record 2011-2014.
    \12\ Period of record 2011-2014.
    \13\ Period of record 2011-2014.
    \14\ Period of record 2012-2014.
    \15\ Period of record 1993-1997. This station stopped collecting 
hourly data in 1997.
    \16\ Period of record 2011-2013. This station was a private 
weather station that experienced a mechanical failure in February 
2014 and was not repaired until after the growing season.
    \17\ Period of record 2009-2014.
    \18\ Period of record 2009-2014.
    \19\ Period of record 2010-2014.
    \20\ Period of record 2012-2014.
    \21\ Period of record 2009, 2012-2014. The 2010 and 2011 data 
for this station were largely incomplete and so were not included in 
the analysis.

Table 2--Frequency of Hourly Average Growing Season Wind Speeds That Are
                Greater Than or Equal to 8 Miles per Hour
------------------------------------------------------------------------
                                                             Frequency
                        Location                             (percent)
------------------------------------------------------------------------
                           Within proposed AVA
------------------------------------------------------------------------
Valley Ford.............................................            89.9
Bloomfield..............................................            44.0
Mecham Landfill.........................................            81.2
Middle Two Rock.........................................            82.0
Azaya Vineyard..........................................            36.7
Petaluma Airport........................................            79.5
Sun Chase Vineyard......................................            30.3
Sonoma Baylands.........................................            82.8
------------------------------------------------------------------------
                    Outside proposed AVA (direction)
------------------------------------------------------------------------
Occidental (north)......................................             0.6
Novato (north)..........................................             5.3
Sonoma Valley (east)....................................             1.8
Bellevue Ranch (south)..................................             9.2
------------------------------------------------------------------------

    The table shows that afternoon wind speeds for locations within the 
proposed AVA reach or exceed 8 miles per hour with greater frequency 
than for locations outside the proposed AVA. The petition states that 
when wind speeds reach 8 miles per hour, the stomata (or small pores) 
on the underside of the grape leaves close. When the stomata are 
closed, the rate of photosynthesis slows. The petition states that 
occasional periods of wind speeds of 8 miles per hour or higher 
typically have little effect on grape development. However, 
persistently high wind speeds, such as those found within the proposed 
Petaluma Gap AVA, reduce photosynthesis to the extent that the grapes 
have to remain on the vine longer in order to reach a given sugar level 
(a longer ``hang time''), compared to the same grape varietal grown in 
a less windy location. Grapes grown in windy locations are also 
typically smaller and have thicker skins than the same varietal grown 
elsewhere. According to the petition, the smaller grape size, thicker 
skins, and longer hang time concentrate the flavor compounds in the 
fruit, allowing grapes that are harvested at lower sugar levels to 
still have the typical flavor characteristics of the grape varietal.

Comparison of the Proposed Petaluma Gap AVA to the Existing North Coast 
AVA

    The North Coast AVA was established by T.D. ATF-145, which was 
published in the Federal Register on September 21, 1983 (48 FR 42973). 
The AVA includes all or portions of Napa, Sonoma, Mendocino, Solano, 
Lake, and Marin Counties in California and covers approximately 3 
million acres. In the conclusion of the ``Geographical Features'' 
section of the preamble, T.D. ATF-145 states that ``[d]ue to the 
enormous size of the North Coast viticultural area, variations exist in 
climatic features such as temperature, rainfall, and fog intrusion.''
    The proposed Petaluma Gap AVA shares the basic viticultural feature 
of the North Coast AVA--the marine influence that moderates growing 
season temperatures in the area. However, the proposed AVA is much more 
uniform in its topography and its climate, as defined by wind speeds, 
than the diverse, multicounty North Coast AVA. In this regard, TTB 
notes that in the ``Overlapping Viticultural Areas'' section, T.D. ATF-
145 specifically states that ``approval of this viticultural area does 
not preclude approval of additional areas, either wholly contained 
within the North Coast, or partially overlapping the North Coast,'' and 
that ``smaller viticultural areas tend to be more uniform in their 
geographical and climatic characteristics, while very large areas such 
as the North Coast tend to exhibit generally similar characteristics, 
in this case the influence of maritime air off of the Pacific Ocean and 
San Pablo Bay.'' Thus, the proposal to establish the Petaluma Gap AVA 
is consistent with what was envisaged when the North Coast AVA was 
established.

[[Page 74983]]

Proposed Modification of the North Coast AVA

    As previously noted, the petition to establish the proposed 
Petaluma Gap AVA also requests an expansion of the established North 
Coast AVA. The proposed Petaluma Gap AVA is located in the southwestern 
portion of the North Coast AVA, along the Sonoma-Marin County line. 
Most of the proposed Petaluma Gap AVA would, if established, be located 
within the current boundary of the North Coast AVA. However, unless the 
boundary of the North Coast AVA is modified, the southwestern portion 
of the proposed Petaluma Gap AVA in northwestern Marin County would be 
outside the North Coast AVA. This portion of the proposed Petaluma Gap 
AVA is roughly defined by the Pacific coastline on the western edge, 
the Sonoma-Marin County line on the northern edge, State Highway 1 on 
the eastern edge, and the mouth of Walker Creek on the southern edge. 
The proposed North Coast AVA boundary modification would increase the 
size of the established AVA by 28,077 acres and would result in the 
entire proposed Petaluma Gap AVA being within the North Coast AVA.
    According to T.D. ATF-145, the North Coast AVA is characterized by 
a cool climate with growing degree day (GDD) totals that range from 
Region I to Region III on the Winkler scale.\22\ T.D. ATF-145 states 
that the western portion of Marin County, which includes the 
southwestern portion of the proposed Petaluma Gap AVA, was excluded 
from the North Coast AVA because evidence submitted during the comment 
period showed that this portion of the county was significantly cooler 
than the rest of the North Coast AVA. The evidence included data from 
several Marin County weather stations, including a weather station on 
Point Reyes, which is southwest of both the North Coast AVA and the 
proposed Petaluma Gap AVA. In examining the public comment to T.D. ATF-
145, TTB has found that the GDD total provided for Point Reyes was 759.
---------------------------------------------------------------------------

    \22\ In the Winkler climate classification system, annual heat 
accumulation during the growing season, measured in annual growing 
degree days (GDDs), defines climatic regions. One GDD accumulates 
for each degree Fahrenheit that a day's mean temperature is above 50 
degrees, the minimum temperature required for grapevine growth. The 
Winkler scale regions are defined as follows: Region I = less than 
2,500 GDDs; Region II = 2,501-3,000 GDDs; Region III = 3,001-3,500 
GDDs; Region IV = 3,501-4,000 GDDs; Region V = greater than 4,000 
GDDs. See Albert J. Winkler, General Viticulture (Berkeley: 
University of California Press, 1974), pages 61-64.
---------------------------------------------------------------------------

    Although the original determination to exclude western Marin County 
from the North Coast AVA was based on data from a Point Reyes weather 
station, which is southwest of the proposed Petaluma Gap AVA, TTB 
believes that GDD totals from that location are not an accurate basis 
for determining whether to include the southwestern corner of the 
proposed Petaluma Gap AVA within the North Coast AVA. The proposed 
Petaluma Gap AVA petition includes 2013 GDD data from a weather station 
located in Valley Ford, which is in the southwestern portion of the 
proposed AVA but outside of the current North Coast AVA boundary, as 
well as from weather stations within the proposed AVA, including one 
located two miles north of the town of Bodega Bay, that are within the 
current boundaries of the North Coast AVA.
    The 2013 GDD total for the Valley Ford station was 1,102, which 
falls into the Region I category on the Winkler scale. For comparison, 
the 2013 GDD total for the Bodega Bay station was 1,194, which also 
falls into the Region I category on the Winkler scale. TTB believes, 
therefore, that this data shows that the climate of the southwestern 
portion of the proposed Petaluma Gap AVA is within the range of Winkler 
scale regions that characterizes the current North Coast AVA.
    Additionally, in response to a question from TTB, the petitioners 
confirmed that there is at least one active vineyard growing Pinot Noir 
grapes in the southwest portion of the proposed Petaluma Gap AVA near 
Valley Ford, indicating that the GDD total for that region of the 
proposed AVA is not too low for commercial viticulture. Therefore, 
because the GDD total of the southwest portion of the proposed Petaluma 
Gap AVA is within the range of GDD totals that characterize the North 
Coast AVA and is high enough to support viticulture, TTB believes the 
petitioner's proposal to expand the North Coast AVA to include the 
southwest portion of the proposed Petaluma Gap AVA merits consideration 
and public comment.

Comparison of the Proposed Petaluma Gap AVA to the Existing Sonoma 
Coast AVA

    The Sonoma Coast AVA was established by T.D. ATF-253, which was 
published in the Federal Register on June 11, 1987 (52 FR 22302). The 
Sonoma Coast AVA covers approximately 750 square miles within the 
western portion of Sonoma County. According to T.D. ATF-253, the AVA 
encompasses the portion of Sonoma County that is under ``very strong 
marine climate influence,'' including ``persistent fog.'' T.D. ATF-253 
also states that temperatures within the AVA are classified as 
``Coastal Cool'' under the temperature classification system developed 
by Robert L. Sisson. ``Coastal Cool'' areas are defined as having a 
cumulative duration of less than 1,000 hours between 70 and 90 degrees 
Fahrenheit during the months of April through October. Temperatures 
within the Sonoma Coast AVA are described as significantly cooler than 
temperatures in the eastern portion of Sonoma County, which are 
classified as ``Coastal Warm.'' According to T.D. ATF-253, the average 
maximum July temperature for the Sonoma Coast AVA is 84 degrees 
Fahrenheit. T.D. ATF-253 did not distinguish the climate of the Sonoma 
Coast AVA from that of Marin County, located south of the AVA.
    The proposed Petaluma Gap AVA is located in the southern portion of 
the Sonoma Coast AVA and shares the marine-influenced climate and 
coastal fog of the established AVA. Additionally, according to the 
climate data provided in the petition, the average maximum July 
temperature for the city of Petaluma, at the center of the proposed 
AVA, is 82 degrees Fahrenheit \23\, which is similar to that of the 
Sonoma Coast AVA. However, TTB notes that temperature is not a 
distinguishing feature of the proposed Petaluma Gap AVA, and that 
consistently high wind speeds and a topography of gently rolling hills 
are what distinguish the proposed AVA from the surrounding established 
AVA.
---------------------------------------------------------------------------

    \23\ Western Regional Climate Center, www.wrcc.dri.edu/Climsum.html, Petaluma Fire Station 3 (046826).
---------------------------------------------------------------------------

    As previously noted, if established, the proposed Petaluma Gap AVA 
would partially overlap the Sonoma Coast AVA, but also would leave the 
68,130-acre Marin County portion of the proposed AVA outside of the 
established Sonoma Coast AVA. However, the petition requests that TTB 
allow the partial overlap to remain, primarily because the name 
``Sonoma Coast'' is associated only with the coastal region of Sonoma 
County and does not extend into Marin County.
    Although TTB generally discourages partial overlaps of AVAs because 
of the potential for consumer confusion, TTB agrees with the 
petitioners that the Sonoma Coast AVA should not be expanded to include 
the Marin County portion of the proposed Petaluma Gap AVA. TTB believes 
that extending the Sonoma Coast AVA would likely cause consumer 
confusion because the name ``Sonoma Coast'' is associated with Sonoma 
County and use of the name does not extend into Marin County. TTB

[[Page 74984]]

does not believe the potential partial overlap should be resolved by 
limiting the proposed Petaluma Gap AVA to Sonoma County because the 
evidence in the petition demonstrates that both the Sonoma County and 
the Marin County portions of the proposed AVA share similar topographic 
characteristics and similar wind speeds. TTB also does not believe the 
proposed AVA should be removed entirely from the Sonoma Coast AVA 
because the proposed AVA and the established AVA share similar marine-
influenced climates. Additionally, TTB notes that removing the proposed 
AVA from the Sonoma Coast AVA would potentially affect current label 
holders who use the ``Sonoma Coast'' appellation on their wines because 
wines made primarily from grapes grown in the removed region would no 
longer be eligible to be labeled with that AVA as an appellation of 
origin. For these reasons, TTB is proposing to leave the current 
boundaries of the Sonoma Coast AVA unchanged and to allow the partial 
overlap with the proposed Petaluma Gap AVA.

TTB Determination

    TTB concludes that the petition to establish the 202,476-acre 
``Petaluma Gap'' AVA and to concurrently modify the boundary of the 
existing North Coast AVA merits consideration and public comment, as 
invited in this document.
    TTB is proposing the establishment of the new AVA and the 
modification of the existing AVA as one action. Accordingly, if TTB 
establishes the proposed Petaluma Gap AVA, then the proposed boundary 
modification of the North Coast would be approved concurrently. If TTB 
does not establish the proposed Petaluma Gap AVA, then the present 
North Coast AVA boundary would not be modified as proposed in this 
document.

Boundary Description

    See the narrative boundary descriptions of the petitioned-for AVA 
and the boundary modification of the established AVA in the proposed 
regulatory text published at the end of this document.

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 an AVA name or with a 
brand name that includes an AVA name, at least 85 percent of the wine 
must be derived from grapes grown within the area represented by that 
name, and the wine must meet the other conditions listed in 27 CFR 
4.25(e)(3). If the wine is not eligible for labeling with an AVA name 
and that name appears in the brand name, then the label is not in 
compliance and the bottler must change the brand name and obtain 
approval of a new label. Similarly, if the AVA name appears in another 
reference on the label in a misleading manner, the bottler would have 
to obtain approval of a new label. Different rules apply if a wine has 
a brand name containing an AVA name that was used as a brand name on a 
label approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
    If this proposed regulatory text is adopted as a final rule, wine 
bottlers using ``Petaluma Gap'' 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 area's 
full name ``Petaluma Gap'' as an appellation of origin.
    If approved, the establishment of the proposed Petaluma Gap AVA and 
the proposed modification of the North Coast AVA boundary would allow 
vintners to use ``Petaluma Gap'' or ``North Coast'' as appellations of 
origin for wines made from grapes grown within the Petaluma Gap AVA, if 
the wines meet the eligibility requirements for the appellation. 
Additionally, vintners would be able to use ``Sonoma Coast'' as an 
appellation of origin on wines made primarily from grapes grown within 
the Sonoma County portion of the Petaluma Gap AVA, if the wines meet 
the eligibility requirements for the appellation.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether TTB should establish the proposed Petaluma Gap AVA and 
concurrently modify the boundary of the established North Coast AVA. 
TTB is interested in receiving comments on the sufficiency and accuracy 
of the name, boundary, climate, topography, and other required 
information submitted in support of the Petaluma Gap AVA petition. In 
addition, given the proposed Petaluma Gap AVA's location within the 
existing North Coast AVA and Sonoma Coast AVA, TTB is interested in 
comments on whether the evidence submitted in the petition regarding 
the distinguishing features of the proposed AVA sufficiently 
differentiates it from the existing AVAs. TTB is also interested in 
comments on whether the geographic features of the proposed AVA are so 
distinguishable from either the North Coast AVA or the Sonoma Coast AVA 
that the proposed Petaluma Gap AVA should not be part of one or either 
established AVA. Please provide any available specific information in 
support of your comments.
    TTB also invites comments on the proposed expansion of the existing 
North Coast AVA. TTB is especially interested in comments on whether 
the evidence provided in the petition sufficiently demonstrates that 
the proposed expansion area is similar enough to the North Coast AVA to 
be included in the established AVA. Additionally, TTB is interested in 
comments on whether or not TTB should allow the Marin County portion of 
the proposed Petaluma Gap AVA to remain outside of the Sonoma Coast 
AVA. Comments should address the boundaries, climate, topography, 
soils, and any other pertinent information that supports or opposes the 
proposed North Coast AVA boundary expansion and/or the partial overlap 
of the proposed Petaluma Gap AVA with the Sonoma Coast AVA.
    Because of the potential impact of the establishment of the 
proposed Petaluma Gap AVA on wine labels that include the term 
``Petaluma Gap'' 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 AVA 
will have on an existing viticultural enterprise. TTB is also 
interested in receiving suggestions for ways to avoid conflicts, for 
example, by adopting a modified or different name for the proposed AVA.

Submitting Comments

    You may submit comments on this proposal by using one of the 
following three methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this document within Docket No. TTB-
2016-0009 on ``Regulations.gov,'' the Federal e-rulemaking portal, at 
https://www.regulations.gov. A direct link to that docket is available 
under Notice No. 163 on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files

[[Page 74985]]

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 at the top of the page.
     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.
    Please submit your comments by the closing date shown above in this 
document. Your comments must reference Notice No. 163 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. We do not acknowledge receipt of comments, and we consider 
all comments as originals.
    Your comment must clearly state if you are commenting on your own 
behalf or on behalf of an organization, business, or other entity. If 
you are commenting on behalf of an organization, business, or other 
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, 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 document, selected 
supporting materials, and any online or mailed comments received about 
this proposal within Docket No. TTB-2016-0009 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A 
direct link to that docket is available on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 163. You may 
also reach the relevant docket through the Regulations.gov search page 
at https://www.regulations.gov. For instructions on how to use 
Regulations.gov, visit the site and click on the ``Help'' tab at the 
top of the page.
    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 it considers unsuitable for posting.
    You also may view copies of this document, all related petitions, 
maps and other supporting materials, and any electronic or mailed 
comments we receive 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. Contact 
our information specialist at the above address or by telephone at 202-
453-2265 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

    This proposed rule is not a significant regulatory action as 
defined by Executive Order 12866. Therefore, it requires no regulatory 
assessment.

Drafting Information

    Karen A. Thornton of the Regulations and Rulings Division drafted 
this document.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, we propose to amend 
title 27, chapter I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Section 9.30 is amended as follows:
0
a. The introductory text of paragraph (b) is revised;
0
b. The word ``and'' is removed from the end of paragraph (b)(2);
0
c. The period is removed from the end of paragraph (b)(3) and a 
semicolon is added in its place;
0
d. Paragraphs (b)(4) and (5) are added;
0
e. Paragraphs (c)(1) and (2) are revised;
0
f. Paragraphs (c)(3) through (24) are redesignated as paragraphs (c)(7) 
through (28); and
0
g. Paragraphs (c)(3) through (6) are added.
    The revisions and additions read as follows:


Sec.  9.30  North Coast.

* * * * *
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the North Coast viticultural area are five U.S.G.S. maps. 
They are entitled:
     * * *
    (4) ``Tomales, CA,'' scale 1:24,000, edition of 1995; and
    (5) ``Point Reyes NE., CA,'' scale 1:24,000, edition of 1995.
    (c) * * *
    (1) Then follow the Pacific coastline in a generally southeasterly 
direction for 9.4 miles, crossing onto the Tomales map, to Preston 
Point on Tomales Bay;
    (2) Then northeast along the shoreline of Tomales Bay approximately 
1 mile to the mouth of Walker Creek opposite benchmark (BM) 10 on State 
Highway 1;
    (3) Then southeast in a straight line for 1.3 miles to the marked 
714-foot peak;
    (4) Then southeast in a straight line for 3.1 miles, crossing onto 
the Point Reyes NE map, to the marked 804-foot peak;
    (5) Then southeast in a straight line 1.8 miles to the marked 935-
foot peak;
    (6) Then southeast in a straight line 12.7 miles, crossing back 
onto the Santa Rosa map, to the marked 1,466-foot peak on Barnabe 
Mountain;
* * * * *
0
3. Add Sec.  9.___ to read as follows:


Sec.  9.___  Petaluma Gap.

    (a) Name. The name of the viticultural area described in this 
section is ``Petaluma Gap''. For purposes of part 4 of this chapter, 
``Petaluma Gap'' is a term of viticultural significance.
    (b) Approved maps. The 12 United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Petaluma Gap viticultural area are titled:

[[Page 74986]]

    (1) Cotati, Calif., 1954; photorevised 1980;
    (2) Glen Elle, Calif., 1954; photorevised 1980;
    (3) Petaluma River, Calif., 1954; photorevised 1980;
    (4) Sears Point, Calif., 1951; photorevised 1968;
    (5) Petaluma Point, Calif., 1959; photorevised 1980;
    (6) Novato, Calif., 1954; photorevised 1980;
    (7) Petaluma, Calif., 1953; photorevised 1981;
    (8) Point Reyes NE., CA, 1995;
    (9) Tomales, CA, 1995;
    (10) Bodega Head, Calif., 1972;
    (11) Valley Ford, Calif., 1954; photorevised 1971; and
    (12) Two Rock, Calif., 1954; photorevised 1971.
    (c) Boundary. The Petaluma Gap viticultural area is located in 
Sonoma and Marin Counties in California. The boundary of the Petaluma 
Gap viticultural area is as described below:
    (1) The beginning point is on the Cotati map at the intersection of 
Grange Road, Crane Canyon Road, and the northern boundary of section 
16, T6N/R7W. From the beginning point, proceed southeast in a straight 
line for 1 mile, crossing over Pressley Road, to the intersection of 
the 900-foot elevation contour and the eastern boundary of section 16, 
T6N/R7W; then
    (2) Proceed east-southeasterly in a straight line for 0.5 mile, 
crossing onto the Glen Ellen map, to the terminus of an unnamed, 
unimproved road known locally as Summit View Ranch Road, just north of 
the southern boundary of section 15, T6N/R7N; then
    (3) Proceed southeast in a straight line for 0.6 mile to the 
intersection of Crane Creek and the 1,200-foot elevation contour, 
section 22, T6N/R7W; then
    (4) Proceed southeast in a straight line for 2.9 miles to the 
marked 2,271-foot peak on Sonoma Mountain, T6N/R6W; then
    (5) Proceed southeast in a straight line for 10.5 miles, crossing 
over the northeastern corner of the Petaluma River map and onto the 
Sears Point map, to the marked 682-foot summit of Wildcat Mountain; 
then
    (6) Proceed south-southeasterly in a straight line for 3.3 miles to 
the intersection of State Highway 121 (also known locally as Arnold 
Drive) and State Highway 37 (also known locally as Sears Point Road); 
then
    (7) Proceed east-northeasterly along State Highway 37/Sears Point 
Road for approximately 0.1 mile to Tolay Creek; then
    (8) Proceed generally south along the meandering Tolay Creek for 
3.9 miles, crossing onto the Petaluma Point map, to the mouth of the 
creek at San Pablo Bay; then
    (9) Proceed southwesterly along the shore of San Pablo Bay for 2.7 
miles, crossing the mouth of the Petaluma River, and continuing 
southeasterly along the bay's shoreline to Petaluma Point; then
    (10) Proceed northwesterly in a straight line for 6.3 miles, 
crossing over the northeastern corner of the Novato map and onto the 
Petaluma River map, to the marked 1,558-foot peak of Burdell Mountain; 
then
    (11) Proceed northwest in a straight line for 1.3 miles to the 
marked 1,193-foot peak; then
    (12) Proceed west-southwesterly in a straight line for 2.2 miles, 
crossing onto the Petaluma map, to the marked 1,209-foot peak; then
    (13) Proceed west-southwest in a straight line for 0.8 mile to the 
marked 1,296-foot peak; then
    (14) Proceed west in a straight line for 1 mile to the marked 
1,257-foot peak on Red Hill in section 31, T4N/R7W; then
    (15) Proceed southwest in a straight line for 2.9 miles to the 
marked 1,532-foot peak on Hicks Mountain; then
    (16) Proceed north-northwesterly in a straight line for 2.7 miles, 
crossing onto the Point Reyes NE map, to the marked 1,087-foot peak; 
then
    (17) Proceed north-northwesterly in a straight line for 1.5 miles 
to the marked 1,379-foot peak; then
    (18) Proceed west-northwesterly in a straight line for 2.9 miles to 
the marked 935-foot peak; then
    (19) Proceed northwest in a straight line for 1.8 miles to the 
marked 804-foot peak; then
    (20) Proceed west-northwesterly in a straight line for 3.1 miles, 
crossing onto the Tomales map, to the marked 741-foot peak; then
    (21) Proceed northwesterly in a straight line for 1.3 miles to 
benchmark (BM) 10 on State Highway 1, at the mouth of Walker Creek in 
Tomales Bay; then
    (22) Proceed southwesterly, then northwesterly along the shoreline 
of Tomales Bay to Sand Point, on Bodega Bay, and continuing northerly 
along the shoreline of Bodega Bay, crossing over the Valley Ford map 
and onto the Bodega Head map, circling the shoreline of Bodega Harbor 
to the Pacific Ocean and continuing northerly along the shoreline of 
the Pacific Ocean to the mouth of Salmon Creek, for a total of 19.5 
miles; then
    (23) Proceed easterly along Salmon Creek for 9.6 miles, crossing 
onto the Valley Ford map and passing Nolan Creek, to the second 
intermittent stream in the Estero Americano land grant, T6N/R10W; then
    (24) Proceed east in a straight line for 1 mile to vertical angle 
benchmark (VABM) 724 in the Estero Americano land grant, T6N/R10W; then
    (25) Proceed south-southeasterly in a straight line for 0.8 mile to 
BM 61 on an unmarked light duty road known locally as Freestone Valley 
Ford Road in the Ca[ntilde]ada de Pogolimi land grant, T6N/R10W; then
    (26) Proceed southeast in a straight line for 0.6 mile to the 
marked 448-foot peak in the Ca[ntilde]ada de Pogolimi land grant, T6N/
R10W; then
    (27) Proceed southeast in a straight line for 0.1 mile to the 
northern terminus of an unnamed, unimproved road in the Ca[ntilde]ada 
de Pogolimi land grant, T6N/R10W; then
    (28) Proceed northeasterly, then southeasterly for 0.9 mile along 
the unnamed, unimproved road to the 400-foot elevation contour in the 
Ca[ntilde]ada de Pogolimi land grant, T6N/R10W; then
    (29) Proceed easterly along the meandering 400-foot elevation 
contour for 6.7 miles, crossing onto the Two Rocks map, to Burnside 
Road in the Ca[ntilde]ada de Pogolimi land grant, T6N/R10W; then
    (30) Proceed south on Burnside Road for 0.1 mile to an unnamed 
medium duty road known locally as Bloomfield Road in the Ca[ntilde]ada 
de Pogolimi land grant,T6N/R9W; then
    (31) Proceed southeast in a straight line for 0.6 mile to the 
marked 610-foot peak in the Blucher land grant, T6N/R9W; then
    (32) Proceed east-southeasterly in a straight line for 0.8 mile to 
the marked 641-foot peak in the Blucher land grant, T6N/R9W; then
    (33) Proceed northeast in a straight line for 1.2 miles, crossing 
through the intersection of an intermittent stream with Canfield Road, 
to the common Range 8/9 boundary; then
    (34) Proceed southeast in a straight line for 0.5 mile to the 
marked 542-foot peak; then
    (35) Proceed southeast in a straight line for 0.8 mile to the 
intersection of an unnamed, unimproved road (leading to four barn-like 
structures) known locally as Carniglia Lane and an unnamed medium duty 
road known locally as Roblar Road, T6N/R8W; then
    (36) Proceed south in a straight line for 0.5 mile to the marked 
678-foot peak, T6N/R8W; then
    (37) Proceed east-southeast in a straight line for 0.8 mile to the 
marked 599-foot peak, T5N/R8W; then
    (38) Proceed east-southeast in a straight line for 0.7 mile to the 
marked 604-foot peak, T5N/R8W; then

[[Page 74987]]

    (39) Proceed east-southeast in a straight line for 0.9 mile, 
crossing onto the Cotati map, to the intersection of Meacham Road and 
an unnamed light duty road leading to a series of barn-like structures, 
T5N/R8W; then
    (40) Proceed north-northeast along Meacham Road for 0.8 mile to 
Stony Point Road, T5N/R8W; then
    (41) Proceed southeast along Stony Point Road for 1.1 miles to the 
200-foot elevation contour, T5N/R8W; then
    (42) Proceed north-northeast in a straight line for 0.5 mile to the 
intersection of an intermittent creek with U.S. Highway 101, T5N/R8W; 
then
    (43) Proceed north along U.S. Highway 101 for 1.5 miles to State 
Highway 116 (also known locally as Graverstein Highway), T6N/R8W; then
    (44) Proceed northeast in a straight line for 3.4 miles to the 
intersection of Crane Creek and Petaluma Hill Road, T6N/R7W; then
    (45) Proceed easterly along Crane Creek for 0.8 mile to the 
intersection of Crane Creek and the 200-foot elevation line, T6N/R7W; 
then
    (46) Proceed northwesterly along the 200-foot elevation contour for 
1 mile to the intersection of the contour line and an intermittent 
stream just south of Crane Canyon Road, T6N/R7W; then
    (47) Proceed east then northeasterly along the northern branch of 
the intermittent stream for 0.3 mile to the intersection of the stream 
with Crane Canyon Road, T6N/R7W; then
    (48) Proceed northeasterly along Crane Canyon Road for 1.2 miles, 
returning to the beginning point.

    Signed: October 21, 2016.
John J. Manfreda,
Administrator.
[FR Doc. 2016-25972 Filed 10-27-16; 8:45 am]
 BILLING CODE 4810-31-P



                                                                             Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Proposed Rules                                           74979

                                                    § 200.926 Minimum property standards for                    (1) A final Letter of Map Amendment                DATES:TTB must receive your
                                                    one and two family dwellings.                            (LOMA);                                               comments on or before December 27,
                                                       (a) * * *                                                (2) A final Letter of Map Revision                 2016.
                                                       (3) Applicability of standards to                     (LOMR); or                                            ADDRESSES:   Please send your comments
                                                    substantial improvement. The standards                      (3) A signed Elevation Certificate                 on this proposal to one of the following
                                                    in § 200.926d(c)(4)(i) through (iii) are                 documenting that the lowest floor                     addresses:
                                                    also applicable to structures that are                   (including basement) of the property                    • https://www.regulations.gov (via the
                                                    approved for insurance or other benefits                 improvements is at least two feet above               online comment form for this document
                                                    prior to the start of substantial                        the base flood elevation as determined                as posted within Docket No. TTB–2016–
                                                    improvement, as defined in § 55.2(b)(10)                 by FEMA’s best available information.                 009 at ‘‘Regulations.gov,’’ the Federal e-
                                                    of this title.                                              (B) Under the DE program, these                    rulemaking portal);
                                                    *      *     *     *      *                              mortgages are not eligible for insurance                • U.S. mail: Director, Regulations and
                                                    ■ 17. In § 200.926d, revise paragraphs                   unless the DE mortgagee submits the                   Rulings Division, Alcohol and Tobacco
                                                    (c)(4)(i) through (iii), remove paragraph                LOMA, LOMR, or Elevation Certificate                  Tax and Trade Bureau, 1310 G Street
                                                    (c)(4)(iv), and redesignate paragraphs                   to HUD with the mortgagee’s request for               NW., Box 12, Washington, DC 20005; or
                                                    (c)(4)(v) and (c)(4)(vi) as paragraphs                   endorsement.                                            • Hand delivery/courier in lieu of
                                                    (c)(4)(iv) and (c)(4)(v), respectively.                  *      *    *      *     *                            mail: Alcohol and Tobacco Tax and
                                                       The revisions read as follows:                                                                              Trade Bureau, 1310 G Street NW., Suite
                                                                                                               Dated: September 27, 2016.
                                                    § 200.926d       Construction requirements.              Harriet Tregoning,                                    400, Washington, DC 20005.
                                                    *       *    *     *     *                               Principal Deputy Assistant Secretary for
                                                                                                                                                                     See the Public Participation section of
                                                       (c) * * *                                             Community Planning and Development.                   this document for specific instructions
                                                       (4) * * *                                             [FR Doc. 2016–25521 Filed 10–27–16; 8:45 am]
                                                                                                                                                                   and requirements for submitting
                                                       (i) Residential structures located in                                                                       comments, and for information on how
                                                                                                             BILLING CODE 4210–67–P
                                                    Special Flood Hazard Areas. The                                                                                to request a public hearing.
                                                    elevation of the lowest floor shall be at                                                                        You may view copies of this
                                                    least two feet above the base flood                                                                            document, selected supporting
                                                    elevation (see 24 CFR 55.2 for                           DEPARTMENT OF THE TREASURY                            materials, and any comments TTB
                                                    appropriate data sources).                                                                                     receives about this proposal at https://
                                                       (ii) Residential structures located in                Alcohol and Tobacco Tax and Trade                     www.regulations.gov within Docket No.
                                                    FEMA-designated ‘‘coastal high hazard                    Bureau                                                TTB–2016–0009. A link to that docket is
                                                    areas’’. (A) Basements or any permanent                                                                        posted on the TTB Web site at https://
                                                    enclosure of space below the lowest                      27 CFR Part 9                                         www.ttb.gov/wine/wine-
                                                    floor of a structure are prohibited.                                                                           rulemaking.shtml under Notice No. 163.
                                                       (B) Where FEMA has determined the                     [Docket No. TTB–2016–0009; Notice No.                 You also may view copies of this
                                                    base flood level without establishing                    163]                                                  document, all related petitions, maps or
                                                    stillwater elevations, the bottom of the                                                                       other supporting materials, and any
                                                                                                             RIN 1513–AC34                                         comments TTB receives about this
                                                    lowest structural member of the lowest
                                                    floor (excluding pilings and columns)                    Proposed Establishment of the                         proposal by appointment at the TTB
                                                    and its horizontal supports shall be at                  Petaluma Gap Viticultural Area and                    Information Resource Center, 1310 G
                                                    least two feet above the base flood                      Modification of the North Coast                       Street NW., Washington, DC 20005.
                                                    elevation.                                               Viticultural Area                                     Please call 202–453–2270 to make an
                                                       (iii) New construction or substantial                                                                       appointment.
                                                    improvement. (A) In all cases in which                   AGENCY: Alcohol and Tobacco Tax and                   FOR FURTHER INFORMATION CONTACT:
                                                    a Direct Endorsement (DE) mortgagee or                   Trade Bureau, Treasury.                               Karen A. Thornton, Regulations and
                                                    a Lender Insurance (LI) mortgagee seeks                  ACTION: Notice of proposed rulemaking.                Rulings Division, Alcohol and Tobacco
                                                    to insure a mortgage on a one- to four-                                                                        Tax and Trade Bureau, 1310 G Street
                                                    family dwelling that is newly                            SUMMARY:   The Alcohol and Tobacco Tax                NW., Box 12, Washington, DC 20005;
                                                    constructed or which undergoes a                         and Trade Bureau (TTB) proposes to                    phone 202–453–1039, ext. 175.
                                                    substantial improvement, as defined in                   establish the 202,476-acre ‘‘Petaluma
                                                                                                                                                                   SUPPLEMENTARY INFORMATION:
                                                    § 55.12(b)(10) of this title (including a                Gap’’ viticultural area in portions of
                                                    manufactured home that is newly                          Sonoma and Marin Counties in                          Background on Viticultural Areas
                                                    erected or undergoes a substantial                       California. TTB also proposes to expand
                                                    improvement) that was processed by the                   the boundary of the existing 3 million-               TTB Authority
                                                    DE or LI mortgagee, the DE or LI                         acre North Coast viticultural area by                   Section 105(e) of the Federal Alcohol
                                                    mortgagee must determine whether the                     28,077 acres in order to include the                  Administration Act (FAA Act), 27
                                                    property improvements (dwelling and                      entire proposed Petaluma Gap                          U.S.C. 205(e), authorizes the Secretary
                                                    related structures/equipment essential                   viticultural area within it. The proposed             of the Treasury to prescribe regulations
                                                    to the value of the property and subject                 Petaluma Gap viticultural area would                  for the labeling of wine, distilled spirits,
                                                    to flood damage) are located on a site                   also partially extend outside of the                  and malt beverages. The FAA Act
                                                    that is within a Special Flood Hazard                    established Sonoma Coast viticultural                 provides that these regulations should,
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                                                    Area, as designated on maps of the                       area, but TTB is not proposing to modify              among other things, prohibit consumer
                                                    Federal Emergency Management                             the boundary of the Sonoma Coast                      deception and the use of misleading
                                                    Agency. If so, the DE mortgagee, before                  viticultural area. TTB designates                     statements on labels, and ensure that
                                                    submitting the application for insurance                 viticultural areas to allow vintners to               labels provide the consumer with
                                                    to HUD, or the LI mortgagee, before                      better describe the origin of their wines             adequate information as to the identity
                                                    submitting all the required data                         and to allow consumers to better                      and quality of the product. The Alcohol
                                                    regarding the mortgage to HUD, must                      identify wines they may purchase. TTB                 and Tobacco Tax and Trade Bureau
                                                    obtain:                                                  invites comments on these proposals.                  (TTB) administers the FAA Act


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                                                    74980                   Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Proposed Rules

                                                    pursuant to section 1111(d) of the                      viticulture, such as climate, geology,                data contained in the following sections
                                                    Homeland Security Act of 2002,                          soils, physical features, and elevation,              are from the petition to establish the
                                                    codified at 6 U.S.C. 531(d). The                        that make the proposed AVA distinctive                proposed AVA and its supporting
                                                    Secretary has delegated various                         and distinguish it from adjacent areas                exhibits.
                                                    authorities through Treasury                            outside the proposed AVA boundary;
                                                                                                              • The appropriate United States                     Proposed Petaluma Gap AVA
                                                    Department Order 120–01, dated
                                                    December 10, 2013 (superseding                          Geological Survey (USGS) map(s)                       Name Evidence
                                                    Treasury Order 120–01, dated January                    showing the location of the proposed                     The proposed Petaluma Gap AVA
                                                    24, 2003), to the TTB Administrator to                  AVA, with the boundary of the                         derives its name from the city of
                                                    perform the functions and duties in the                 proposed AVA clearly drawn thereon;                   Petaluma and from the geographical
                                                    administration and enforcement of these                 and                                                   feature known as the ‘‘Petaluma Gap,’’
                                                    provisions.                                               • A detailed narrative description of
                                                                                                                                                                  both of which are located within the
                                                       Part 4 of the TTB regulations (27 CFR                the proposed AVA boundary based on
                                                                                                                                                                  proposed AVA. The ‘‘Petaluma Gap’’
                                                    part 4) authorizes TTB to establish                     USGS map markings.
                                                                                                                                                                  geographical feature is an area of low-
                                                    definitive viticultural areas and regulate              Petition to Establish the Petaluma Gap                lying hills which allows cool winds to
                                                    the use of their names as appellations of               AVA and to Modify the Boundary of the                 flow inland from the Pacific Ocean. The
                                                    origin on wine labels and in wine                       North Coast AVA                                       Bay Area Air Quality Management
                                                    advertisements. Part 9 of the TTB                                                                             District (BAAQMD) Web site states,
                                                    regulations (27 CFR part 9) sets forth                     TTB received a petition from the
                                                                                                            Petaluma Gap Winegrowers Alliance,                    ‘‘The region from the Estero Lowlands
                                                    standards for the preparation and                                                                             to the San Pablo Bay is known as the
                                                    submission of petitions for the                         proposing to establish the ‘‘Petaluma
                                                                                                            Gap’’ AVA and to modify the boundary                  Petaluma Gap. * * * Wind patterns in
                                                    establishment or modification of                                                                              the Petaluma and Cotati Valleys are
                                                    American viticultural areas (AVAs) and                  of the existing multi-county North Coast
                                                                                                            AVA (27 CFR 9.30). The proposed AVA                   strongly influenced by the Petaluma
                                                    lists the approved AVAs.                                                                                      Gap.’’ 1 In a study on the climate of
                                                                                                            covers portions of Sonoma and Marin
                                                    Definition                                              Counties, in California. There are 9                  Sonoma County, Paul Vossen, a farm
                                                                                                            bonded wineries and 80 commercial                     advisor for the University of California
                                                      Section 4.25(e)(1)(i) of the TTB                                                                            Cooperative Extension Service in
                                                    regulations (27 CFR 4.25(e)(1)(i)) defines              vineyards, covering a total of
                                                                                                            approximately 4,000 acres, distributed                Sonoma County, wrote that cool marine
                                                    a viticultural area for American wine as                                                                      winds extend inland ‘‘through river
                                                    a delimited grape-growing region having                 throughout the 202,476-acre proposed
                                                                                                            AVA.                                                  canyons and the Petaluma gap [sic] to
                                                    distinguishing features, as described in                                                                      Sonoma Mountain.’’ 2
                                                    part 9 of the regulations, and a name                      While the proposed Petaluma Gap
                                                                                                            AVA is largely located within the                        The name ‘‘Petaluma Gap’’ is also
                                                    and a delineated boundary, as                                                                                 associated with the wine industry
                                                    established in part 9 of the regulations.               existing North Coast AVA, a small
                                                                                                            portion of the proposed Petaluma Gap                  within the proposed AVA. The
                                                    These designations allow vintners and                                                                         petitioner provided summaries of
                                                    consumers to attribute a given quality,                 AVA would, if established, extend
                                                                                                                                                                  several wine-related articles that refer to
                                                    reputation, or other characteristic of a                outside the current southern boundary
                                                                                                                                                                  the region of the proposed AVA as
                                                    wine made from grapes grown in an area                  of the established North Coast AVA. To
                                                                                                                                                                  ‘‘Petaluma Gap.’’ In his blog
                                                    to its geographic origin. The                           address the potential partial overlap of
                                                                                                                                                                  ‘‘Fermentation: The Daily Wine Blog,’’
                                                    establishment of AVAs allows vintners                   the two AVAs and account for
                                                                                                                                                                  Tom Wark writes, ‘‘The ‘Petaluma Gap’
                                                    to describe more accurately the origin of               viticultural similarities between the
                                                                                                                                                                  might be a term you’ve heard of lately,
                                                    their wines to consumers and helps                      proposed Petaluma Gap AVA and the
                                                                                                                                                                  particularly if you are an aficionado of
                                                    consumers to identify wines they may                    larger North Coast AVA, the petition
                                                                                                                                                                  Sonoma County wines.’’ 3 A 2007 article
                                                    purchase. Establishment of an AVA is                    also proposes to expand the boundary of
                                                                                                                                                                  by Rusty Gaffney on his ‘‘The Prince of
                                                    neither an approval nor an endorsement                  the North Coast AVA so that the entire
                                                                                                                                                                  Pinot’’ blog says, ‘‘The Petaluma Gap
                                                    by TTB of the wine produced in that                     proposed Petaluma Gap AVA would be                    possesses a very unique
                                                    area.                                                   included within the North Coast AVA.                  microclimate.’’ 4 A 2007 article in the
                                                                                                            The proposed expansion would increase                 magazine Wine and Spirits states, ‘‘You
                                                    Requirements                                            the size of the 3 million-acre North                  can practically smell the ocean, just a
                                                      Section 4.25(e)(2) of the TTB                         Coast AVA boundary by 28,077 acres.                   few miles away, in the wind that roars
                                                    regulations (27 CFR 4.25(e)(2)) outlines                   The proposed Petaluma Gap AVA, if
                                                                                                                                                                  between the Sonoma mountains,
                                                    the procedure for proposing an AVA                      established, would also partially overlap
                                                                                                                                                                  through the hillside and valley floor
                                                    and provides that any interested party                  the southwestern boundary of the
                                                                                                                                                                  vineyards, creating an inland pinot oasis
                                                    may petition TTB to establish a grape-                  established Sonoma Coast AVA (27 CFR                  called the Petaluma Gap.’’ 5 A 2008
                                                    growing region as an AVA. Section 9.12                  9.116), but the Marin County portion of               article titled ‘‘Mind the (Petaluma) Gap’’
                                                    of the TTB regulations (27 CFR 9.12)                    the proposed AVA, consisting of                       in the Tasting Panel magazine describes
                                                    prescribes standards for petitions for the              approximately 68,130 acres, would
                                                    establishment or modification of AVAs.                  extend outside of the Sonoma Coast                       1 www.baaqmd.gov/∼/media/Files/Planning%20

                                                    Petitions to establish an AVA must                      AVA. However, the petition does not                   and%20Research/CEQA/BAAQMD%20CEQA%20
                                                    include the following:                                  propose to modify the boundary of the                 Guidelines%20May%202011.ashx?la=en.
                                                      • Evidence that the area within the
                                                                                                                                                                     2 Vossen, Paul, Sonoma County Climatic Zones,
                                                                                                            Sonoma Coast AVA for reasons which
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                                                                                                                                                                  University of California Cooperative Extension
                                                    proposed AVA boundary is nationally                     will be discussed later in this document,             Service, Sonoma County, 1986.
                                                    or locally known by the AVA name                        including the lack of use of the name                    3 http://fermentationwineblog.com/2006/05/wind

                                                    specified in the petition;                              ‘‘Sonoma Coast’’ outside of Sonoma                    _fog_wine_t/, ‘‘Wind, Fog, Wine: The Story of ‘The
                                                      • An explanation of the basis for                     County.                                               Gap’,’’ May 8, 2006.
                                                                                                                                                                     4 http://www.princeofpinot.com/article/281,
                                                    defining the boundary of the proposed                      The distinguishing features of the
                                                                                                                                                                  ‘‘Petaluma Gap: Fog Noir.’’ January 15, 2007.
                                                    AVA;                                                    proposed Petaluma Gap AVA are its                        5 Irwin, Heather. ‘‘The Wind Tunnel: Sonoma
                                                      • A narrative description of the                      topography and wind speeds. Unless                    County’s Best Kept Pinot Noir Secret.’’ Wine and
                                                    features of the proposed AVA that affect                otherwise noted, all information and                  Spirits, August 2007.



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                                                                               Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Proposed Rules                                                   74981

                                                    the region of the proposed AVA as                         points in order to separate the proposed                 feet not uncommon in northern Sonoma
                                                    follows: ‘‘Located at the lower end of                    AVA from the higher elevations to the                    County. The broad Santa Rosa Plain is
                                                    the Sonoma Coast AVA and                                  south.                                                   also located north of the proposed AVA
                                                    distinguished by its close proximity to                                                                            and has a much flatter topography than
                                                                                                              Distinguishing Features
                                                    the Pacific Ocean, the Petaluma Gap is                                                                             the proposed AVA. East of the proposed
                                                    influenced on a daily basis by misty fog                    According to the petition, the                         AVA, the higher elevations of Sonoma
                                                    in the mornings, warm afternoons and                      distinguishing features of the proposed                  Mountain prevent much of the marine
                                                    chilly maritime winds in the                              Petaluma Gap AVA are its topography                      airflow that enters the Petaluma Gap
                                                    evenings.’’ 6 A 2012 article in Decanter                  and wind speed.                                          from travelling farther east. East of
                                                    magazine describes several regions in                     Topography                                               Sonoma Mountain is the Sonoma
                                                    California that are ‘‘the state’s most                                                                             Valley, which has lower elevations and
                                                                                                                 Coastal highlands and mountain
                                                    marginal sites,’’ including ‘‘the                                                                                  flatter terrain than the proposed AVA.
                                                                                                              ranges are characteristic of the
                                                    Petaluma Gap within the Sonoma Coast                                                                               To the south of the proposed AVA, the
                                                                                                              California coast. However, within the
                                                    appellation * * * .’’ 7 A 2012 article in                                                                          elevations can exceed 1,000 feet.
                                                                                                              proposed Petaluma Gap AVA, the
                                                    the Petaluma Post newspaper states,
                                                                                                              highlands are not as pronounced as they                  Wind Speed
                                                    ‘‘The wind and fog are the Petaluma
                                                                                                              are north and south of the proposed
                                                    Gap’s trademark.’’ 8 Finally, a 2014
                                                                                                              AVA. Within the proposed AVA, the                           According to the petition, marine air
                                                    article in the Santa Rosa Press Democrat
                                                                                                              topography is characterized by low,                      enters the proposed Petaluma Gap AVA
                                                    newspaper states, ‘‘The Gap in Petaluma
                                                                                                              rolling hills. Flat land is found along the              at the Pacific coastline, between Bodega
                                                    Gap is created by Pacific Ocean winds
                                                                                                              Petaluma River, especially east of the                   Bay and Tomales Bay. The air then
                                                    that flow between Tomales Bay and                         City of Petaluma and near the mouth of
                                                    Bodega Bay through a 15-mile-wide gap                                                                              flows southeasterly through the
                                                                                                              San Pablo Bay. Small valleys and fluvial                 proposed AVA and exits at San Pablo
                                                    in the coastal range mountains.’’ 9                       terraces are also present. Elevations                    Bay. Although marine breezes are
                                                    Boundary Evidence                                         within the proposed AVA do not exceed                    present within the proposed AVA
                                                                                                              600 feet, except in a few places within                  during most of the day, the wind speeds
                                                       The proposed Petaluma Gap AVA is                       the ridgelines that form the proposed
                                                    located in southern Sonoma County and                                                                              increase significantly in the afternoon
                                                                                                              northern, eastern, and southern                          hours. The petition states that in the
                                                    northern Marin County. The proposed                       boundaries.
                                                    AVA has a northwest-southeast                                                                                      mid-to-late afternoon, inland
                                                                                                                 According to the petition, the low
                                                    orientation and extends from the Pacific                                                                           temperatures increase, causing the hot
                                                                                                              elevations and gently rolling terrain of
                                                    Ocean to San Pablo Bay. The proposed                                                                               air to rise and pull the cooler, heavier
                                                                                                              the proposed Petaluma Gap create a
                                                    western boundary follows the Pacific                                                                               marine air in from the coast and create
                                                                                                              corridor that allows marine winds to
                                                    coastline from the point where Walker                                                                              steady winds. The following table,
                                                                                                              flow relatively unhindered from the
                                                    Creek enters Tomales Bay northward to                     Pacific Ocean to San Pablo Bay,                          which was created by TTB from
                                                    the point where Salmon Creek enters                       particularly during the mid-to-late                      information included in the petition,
                                                    the ocean, just north of Bodega Bay. The                  afternoon. As a result, cool air and                     shows the hourly average wind speed
                                                    proposed northern boundary follows                        marine fog enter the vineyards during                    between noon and 6:00 p.m. for
                                                    Salmon Creek, the 400-foot elevation                      the time of day when temperatures                        locations within the proposed AVA and
                                                    contour, and a series of roads and lines                  would normally be at their highest,                      the surrounding areas during the April–
                                                    drawn between marked elevation points                     bringing heat relief to the vines. The low               October growing season. Map 5a,
                                                    in order to separate the lower elevations                 elevations and rolling hills of the                      included in Addendum 2 to the
                                                    and rolling hills of the proposed AVA                     proposed AVA also allow the marine air                   petition, shows the locations of the
                                                    from the steeper, higher elevations to                    to enter the proposed AVA at higher                      weather stations. Because the Pacific
                                                    the north. The proposed eastern                           speeds than found in the surrounding                     Ocean forms the western boundary of
                                                    boundary follows a series of lines drawn                  areas, where higher, steeper mountains                   the proposed AVA, comparison data is
                                                    between points on the USGS map,                           disrupt the flow of air. The effects of the              only included from the regions to the
                                                    separating the proposed AVA from the                      high wind speeds on grapes are                           north, east, and south of the proposed
                                                    higher elevations of Sonoma Mountain                      discussed in detail later in this                        AVA. The data in the table shows that
                                                    and the flatter terrain along Sonoma                      document.                                                average hourly afternoon wind speeds
                                                    Creek and San Pablo Bay. The proposed                        To the north of the proposed                          within the proposed AVA are
                                                    southern boundary follows a series of                     Petaluma Gap AVA, the elevations are                     consistently higher than those in the
                                                    lines drawn between marked elevation                      much higher, with elevations over 1,000                  surrounding regions.

                                                                                      TABLE 1—AVERAGE HOURLY AFTERNOON GROWING SEASON WIND SPEEDS
                                                                                                                                  Average wind speed (miles per hour)
                                                              Location
                                                                                       12 noon               1 p.m.              2 p.m.                3 p.m.           4 p.m.             5 p.m.             6 p.m.

                                                                                                                             Within proposed AVA
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                                                    Valley Ford 10 ...............              13.3                  14.4                14.9                  14.8             14.0               12.4               10.2
                                                    Bloomfield 11 .................              5.4                   7.0                 7.9                   8.3              8.1                7.4                6.0
                                                    Mecham Landfill 12 .......                   7.7                   9.5                12.0                  13.7             14.6               14.8               13.8

                                                      6 Sawyer, Christopher. ‘‘Mind the (Petaluma)            people-and-places/wine-articles/483749/cool-               9 Boone, Virginie. ‘‘Wines of Wind Country.’’ The

                                                    Gap.’’ The Tasting Panel. February 2008.                  climate-california-pinot.                                Press Democrat. February 4, 2014. http://www.press
                                                                                                                 8 Hurson, Von. ‘‘The Gap Roars!’’ Petaluma Post.
                                                      7 Murphy, Linda. ‘‘California’s Coolest Pinot.’’                                                                 democrat.com/news/1855471-181/wines-of-wind-
                                                    Decanter. March 2010. http://www.decanter.com/            August 1, 2012. http://www.petalumapost.com/             country.
                                                                                                              08Aug2012-pages/index.htm.



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                                                    74982                        Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Proposed Rules

                                                                              TABLE 1—AVERAGE HOURLY AFTERNOON GROWING SEASON WIND SPEEDS—Continued
                                                                                                                                    Average wind speed (miles per hour)
                                                              Location
                                                                                        12 noon               1 p.m.               2 p.m.                3 p.m.           4 p.m.          5 p.m.          6 p.m.

                                                    Middle Two Rock 13 ......                     8.6                  10.8                 12.2                  13.0             13.1            12.4            10.8
                                                    Azaya Vineyard 14 ........                    5.2                   6.5                  7.6                   8.1              8.1             7.5             6.4
                                                    Petaluma Airport 15 .......                   9.5                  11.1                 12.1                  12.2             11.5            10.3             9.0
                                                    Sun Chase Vineyard 16                         5.4                   6.3                  6.8                   6.9              6.5             5.7             4.2
                                                    Sonoma Baylands 17 ....                      10.5                  11.4                 12.0                  12.4             12.4            12.0            10.7

                                                                                                                       Outside proposed AVA (direction)

                                                    Occidental 18 (north) .....                    2.0                  2.3                  2.5                   2.5              2.3             2.0             1.6
                                                    Belleview Ranch 19
                                                      (north) .......................              2.2                  3.0                  3.6                   3.8              3.8             3.3             2.7
                                                    Sonoma Valley 20 (east)                        1.7                  2.0                  2.4                   2.6              2.5             2.1             1.6
                                                    Novato 21 (south) ..........                   1.4                  1.8                  2.0                   2.2              2.4             2.4             4.1



                                                       The petition also includes a table                            TABLE 2—FREQUENCY OF HOURLY                         Comparison of the Proposed Petaluma
                                                    showing the frequency of hourly average                          AVERAGE GROWING SEASON WIND                         Gap AVA to the Existing North Coast
                                                    afternoon wind speeds of at least 8                              SPEEDS THAT ARE GREATER THAN                        AVA
                                                    miles per hour for locations within the                          OR EQUAL TO 8 MILES PER HOUR—
                                                    proposed Petaluma Gap AVA and the                                                                          The North Coast AVA was established
                                                    surrounding regions. The data is                                 Continued                              by T.D. ATF–145, which was published
                                                    summarized in the following table. The                                                                  in the Federal Register on September
                                                                                                                                              Frequency     21, 1983 (48 FR 42973). The AVA
                                                    period of record for each station is the                           Location                (percent)
                                                    same as used for Table 1.                                                                               includes all or portions of Napa,
                                                                                                           Bellevue Ranch (south) ........              9.2 Sonoma, Mendocino, Solano, Lake, and
                                                       TABLE 2—FREQUENCY OF HOURLY                                                                          Marin Counties in California and covers
                                                       AVERAGE GROWING SEASON WIND                           The table shows that afternoon wind            approximately 3 million acres. In the
                                                       SPEEDS THAT ARE GREATER THAN speeds for locations within the                                         conclusion of the ‘‘Geographical
                                                       OR EQUAL TO 8 MILES PER HOUR                        proposed AVA reach or exceed 8 miles             Features’’ section of the preamble, T.D.
                                                                                                                                                            ATF–145 states that ‘‘[d]ue to the
                                                                                                           per hour with greater frequency than for
                                                                                             Frequency                                                      enormous size of the North Coast
                                                                Location                      (percent)    locations outside the proposed AVA.
                                                                                                                                                            viticultural area, variations exist in
                                                                                                           The petition states that when wind
                                                                                                                                                            climatic features such as temperature,
                                                                  Within proposed AVA                      speeds    reach 8  miles  per  hour, the
                                                                                                                                                            rainfall, and fog intrusion.’’
                                                                                                           stomata (or small pores) on the
                                                    Valley Ford ...........................          89.9 underside of the grape leaves close.                 The proposed Petaluma Gap AVA
                                                    Bloomfield .............................         44.0                                                   shares the basic viticultural feature of
                                                    Mecham Landfill ...................              81.2
                                                                                                           When     the stomata   are closed, the  rate of
                                                                                                                                                            the North Coast AVA—the marine
                                                    Middle Two Rock ..................               82.0 photosynthesis slows. The petition
                                                    Azaya Vineyard ....................              36.7  states  that occasional    periods of wind       influence that moderates growing
                                                    Petaluma Airport ...................             79.5 speeds of 8 miles per hour or higher              season temperatures in the area.
                                                    Sun Chase Vineyard ............                  30.3 typically have little effect on grape             However, the proposed AVA is much
                                                    Sonoma Baylands ................                 82.8 development. However, persistently                more uniform in its topography and its
                                                                                                           high wind speeds, such as those found            climate, as defined by wind speeds,
                                                          Outside proposed AVA (direction)                                                                  than the diverse, multicounty North
                                                                                                           within the proposed Petaluma Gap
                                                    Occidental (north) .................               0.6 AVA, reduce photosynthesis to the                Coast AVA. In this regard, TTB notes
                                                    Novato (north) .......................             5.3 extent that the grapes have to remain on that in the ‘‘Overlapping Viticultural
                                                    Sonoma Valley (east) ...........                   1.8                                                  Areas’’ section, T.D. ATF–145
                                                                                                           the vine longer in order to reach a given
                                                                                                                                                            specifically states that ‘‘approval of this
                                                                                                           sugar level (a longer ‘‘hang time’’),
                                                      10 Period of record 2009–2014.                                                                        viticultural area does not preclude
                                                                                                           compared     to the  same   grape varietal
                                                      11 Period of record 2011–2014.
                                                                                                                                                            approval of additional areas, either
                                                      12 Period of record 2011–2014.                       grown in a less windy location. Grapes
                                                                                                                                                            wholly contained within the North
                                                      13 Period of record 2011–2014.                       grown in windy locations are also                Coast, or partially overlapping the North
                                                      14 Period of record 2012–2014.
                                                                                                           typically smaller and have thicker skins Coast,’’ and that ‘‘smaller viticultural
                                                      15 Period of record 1993–1997. This station
                                                                                                           than the same varietal grown elsewhere. areas tend to be more uniform in their
                                                    stopped collecting hourly data in 1997.
                                                      16 Period of record 2011–2013. This station was      According to the petition, the smaller           geographical and climatic
                                                    a private weather station that experienced a           grape size, thicker skins, and longer            characteristics, while very large areas
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                                                    mechanical failure in February 2014 and was not        hang time concentrate the flavor
                                                    repaired until after the growing season.                                                                such as the North Coast tend to exhibit
                                                      17 Period of record 2009–2014.
                                                                                                           compounds in the fruit, allowing grapes generally similar characteristics, in this
                                                      18 Period of record 2009–2014.                       that are harvested at lower sugar levels         case the influence of maritime air off of
                                                      19 Period of record 2010–2014.                       to still have the typical flavor                 the Pacific Ocean and San Pablo Bay.’’
                                                      20 Period of record 2012–2014.                       characteristics of the grape varietal.           Thus, the proposal to establish the
                                                      21 Period of record 2009, 2012–2014. The 2010

                                                    and 2011 data for this station were largely
                                                                                                                                                            Petaluma Gap AVA is consistent with
                                                    incomplete and so were not included in the                                                              what was envisaged when the North
                                                    analysis.                                                                                               Coast AVA was established.


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                                                                            Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Proposed Rules                                             74983

                                                    Proposed Modification of the North                      the North Coast AVA was based on data                 states that temperatures within the AVA
                                                    Coast AVA                                               from a Point Reyes weather station,                   are classified as ‘‘Coastal Cool’’ under
                                                       As previously noted, the petition to                 which is southwest of the proposed                    the temperature classification system
                                                    establish the proposed Petaluma Gap                     Petaluma Gap AVA, TTB believes that                   developed by Robert L. Sisson. ‘‘Coastal
                                                    AVA also requests an expansion of the                   GDD totals from that location are not an              Cool’’ areas are defined as having a
                                                    established North Coast AVA. The                        accurate basis for determining whether                cumulative duration of less than 1,000
                                                    proposed Petaluma Gap AVA is located                    to include the southwestern corner of                 hours between 70 and 90 degrees
                                                    in the southwestern portion of the North                the proposed Petaluma Gap AVA within                  Fahrenheit during the months of April
                                                    Coast AVA, along the Sonoma–Marin                       the North Coast AVA. The proposed                     through October. Temperatures within
                                                    County line. Most of the proposed                       Petaluma Gap AVA petition includes                    the Sonoma Coast AVA are described as
                                                    Petaluma Gap AVA would, if                              2013 GDD data from a weather station                  significantly cooler than temperatures in
                                                    established, be located within the                      located in Valley Ford, which is in the               the eastern portion of Sonoma County,
                                                    current boundary of the North Coast                     southwestern portion of the proposed                  which are classified as ‘‘Coastal Warm.’’
                                                    AVA. However, unless the boundary of                    AVA but outside of the current North                  According to T.D. ATF–253, the average
                                                    the North Coast AVA is modified, the                    Coast AVA boundary, as well as from                   maximum July temperature for the
                                                    southwestern portion of the proposed                    weather stations within the proposed                  Sonoma Coast AVA is 84 degrees
                                                    Petaluma Gap AVA in northwestern                        AVA, including one located two miles                  Fahrenheit. T.D. ATF–253 did not
                                                    Marin County would be outside the                       north of the town of Bodega Bay, that                 distinguish the climate of the Sonoma
                                                    North Coast AVA. This portion of the                    are within the current boundaries of the              Coast AVA from that of Marin County,
                                                    proposed Petaluma Gap AVA is roughly                    North Coast AVA.                                      located south of the AVA.
                                                    defined by the Pacific coastline on the                    The 2013 GDD total for the Valley                     The proposed Petaluma Gap AVA is
                                                    western edge, the Sonoma–Marin                          Ford station was 1,102, which falls into              located in the southern portion of the
                                                    County line on the northern edge, State                 the Region I category on the Winkler                  Sonoma Coast AVA and shares the
                                                    Highway 1 on the eastern edge, and the                  scale. For comparison, the 2013 GDD                   marine-influenced climate and coastal
                                                    mouth of Walker Creek on the southern                   total for the Bodega Bay station was                  fog of the established AVA.
                                                    edge. The proposed North Coast AVA                      1,194, which also falls into the Region               Additionally, according to the climate
                                                    boundary modification would increase                    I category on the Winkler scale. TTB                  data provided in the petition, the
                                                    the size of the established AVA by                      believes, therefore, that this data shows             average maximum July temperature for
                                                    28,077 acres and would result in the                    that the climate of the southwestern                  the city of Petaluma, at the center of the
                                                    entire proposed Petaluma Gap AVA                        portion of the proposed Petaluma Gap                  proposed AVA, is 82 degrees
                                                    being within the North Coast AVA.                       AVA is within the range of Winkler                    Fahrenheit 23, which is similar to that of
                                                       According to T.D. ATF–145, the North                 scale regions that characterizes the                  the Sonoma Coast AVA. However, TTB
                                                    Coast AVA is characterized by a cool                    current North Coast AVA.                              notes that temperature is not a
                                                    climate with growing degree day (GDD)                      Additionally, in response to a                     distinguishing feature of the proposed
                                                    totals that range from Region I to Region               question from TTB, the petitioners                    Petaluma Gap AVA, and that
                                                    III on the Winkler scale.22 T.D. ATF–145                confirmed that there is at least one                  consistently high wind speeds and a
                                                    states that the western portion of Marin                active vineyard growing Pinot Noir                    topography of gently rolling hills are
                                                    County, which includes the                              grapes in the southwest portion of the                what distinguish the proposed AVA
                                                                                                            proposed Petaluma Gap AVA near                        from the surrounding established AVA.
                                                    southwestern portion of the proposed
                                                                                                            Valley Ford, indicating that the GDD                     As previously noted, if established,
                                                    Petaluma Gap AVA, was excluded from
                                                                                                            total for that region of the proposed                 the proposed Petaluma Gap AVA would
                                                    the North Coast AVA because evidence
                                                                                                            AVA is not too low for commercial                     partially overlap the Sonoma Coast
                                                    submitted during the comment period
                                                                                                            viticulture. Therefore, because the GDD               AVA, but also would leave the 68,130-
                                                    showed that this portion of the county
                                                                                                            total of the southwest portion of the                 acre Marin County portion of the
                                                    was significantly cooler than the rest of
                                                                                                            proposed Petaluma Gap AVA is within                   proposed AVA outside of the
                                                    the North Coast AVA. The evidence
                                                                                                            the range of GDD totals that characterize             established Sonoma Coast AVA.
                                                    included data from several Marin
                                                                                                            the North Coast AVA and is high                       However, the petition requests that TTB
                                                    County weather stations, including a
                                                                                                            enough to support viticulture, TTB                    allow the partial overlap to remain,
                                                    weather station on Point Reyes, which
                                                                                                            believes the petitioner’s proposal to                 primarily because the name ‘‘Sonoma
                                                    is southwest of both the North Coast
                                                                                                            expand the North Coast AVA to include                 Coast’’ is associated only with the
                                                    AVA and the proposed Petaluma Gap
                                                                                                            the southwest portion of the proposed                 coastal region of Sonoma County and
                                                    AVA. In examining the public comment
                                                                                                            Petaluma Gap AVA merits consideration                 does not extend into Marin County.
                                                    to T.D. ATF–145, TTB has found that
                                                                                                            and public comment.                                      Although TTB generally discourages
                                                    the GDD total provided for Point Reyes
                                                    was 759.                                                Comparison of the Proposed Petaluma                   partial overlaps of AVAs because of the
                                                       Although the original determination                  Gap AVA to the Existing Sonoma Coast                  potential for consumer confusion, TTB
                                                    to exclude western Marin County from                    AVA                                                   agrees with the petitioners that the
                                                                                                                                                                  Sonoma Coast AVA should not be
                                                                                                               The Sonoma Coast AVA was
                                                       22 In the Winkler climate classification system,                                                           expanded to include the Marin County
                                                                                                            established by T.D. ATF–253, which
                                                    annual heat accumulation during the growing                                                                   portion of the proposed Petaluma Gap
                                                    season, measured in annual growing degree days          was published in the Federal Register
                                                                                                                                                                  AVA. TTB believes that extending the
                                                    (GDDs), defines climatic regions. One GDD               on June 11, 1987 (52 FR 22302). The
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                                                    accumulates for each degree Fahrenheit that a day’s                                                           Sonoma Coast AVA would likely cause
                                                                                                            Sonoma Coast AVA covers
                                                    mean temperature is above 50 degrees, the                                                                     consumer confusion because the name
                                                                                                            approximately 750 square miles within
                                                    minimum temperature required for grapevine                                                                    ‘‘Sonoma Coast’’ is associated with
                                                    growth. The Winkler scale regions are defined as        the western portion of Sonoma County.
                                                                                                                                                                  Sonoma County and use of the name
                                                    follows: Region I = less than 2,500 GDDs; Region        According to T.D. ATF–253, the AVA
                                                    II = 2,501–3,000 GDDs; Region III = 3,001–3,500                                                               does not extend into Marin County. TTB
                                                                                                            encompasses the portion of Sonoma
                                                    GDDs; Region IV = 3,501–4,000 GDDs; Region V =
                                                    greater than 4,000 GDDs. See Albert J. Winkler,
                                                                                                            County that is under ‘‘very strong                      23 Western Regional Climate Center,

                                                    General Viticulture (Berkeley: University of            marine climate influence,’’ including                 www.wrcc.dri.edu/Climsum.html, Petaluma Fire
                                                    California Press, 1974), pages 61–64.                   ‘‘persistent fog.’’ T.D. ATF–253 also                 Station 3 (046826).



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                                                    74984                   Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Proposed Rules

                                                    does not believe the potential partial                  or with a brand name that includes an                 sufficiently differentiates it from the
                                                    overlap should be resolved by limiting                  AVA name, at least 85 percent of the                  existing AVAs. TTB is also interested in
                                                    the proposed Petaluma Gap AVA to                        wine must be derived from grapes                      comments on whether the geographic
                                                    Sonoma County because the evidence in                   grown within the area represented by                  features of the proposed AVA are so
                                                    the petition demonstrates that both the                 that name, and the wine must meet the                 distinguishable from either the North
                                                    Sonoma County and the Marin County                      other conditions listed in 27 CFR                     Coast AVA or the Sonoma Coast AVA
                                                    portions of the proposed AVA share                      4.25(e)(3). If the wine is not eligible for           that the proposed Petaluma Gap AVA
                                                    similar topographic characteristics and                 labeling with an AVA name and that                    should not be part of one or either
                                                    similar wind speeds. TTB also does not                  name appears in the brand name, then                  established AVA. Please provide any
                                                    believe the proposed AVA should be                      the label is not in compliance and the                available specific information in
                                                    removed entirely from the Sonoma                        bottler must change the brand name and                support of your comments.
                                                    Coast AVA because the proposed AVA                      obtain approval of a new label.                          TTB also invites comments on the
                                                    and the established AVA share similar                   Similarly, if the AVA name appears in                 proposed expansion of the existing
                                                    marine-influenced climates.                             another reference on the label in a                   North Coast AVA. TTB is especially
                                                    Additionally, TTB notes that removing                   misleading manner, the bottler would                  interested in comments on whether the
                                                    the proposed AVA from the Sonoma                        have to obtain approval of a new label.               evidence provided in the petition
                                                    Coast AVA would potentially affect                      Different rules apply if a wine has a                 sufficiently demonstrates that the
                                                    current label holders who use the                       brand name containing an AVA name                     proposed expansion area is similar
                                                    ‘‘Sonoma Coast’’ appellation on their                   that was used as a brand name on a                    enough to the North Coast AVA to be
                                                    wines because wines made primarily                      label approved before July 7, 1986. See               included in the established AVA.
                                                    from grapes grown in the removed                        27 CFR 4.39(i)(2) for details.                        Additionally, TTB is interested in
                                                    region would no longer be eligible to be                   If this proposed regulatory text is                comments on whether or not TTB
                                                    labeled with that AVA as an appellation                 adopted as a final rule, wine bottlers                should allow the Marin County portion
                                                    of origin. For these reasons, TTB is                    using ‘‘Petaluma Gap’’ in a brand name,               of the proposed Petaluma Gap AVA to
                                                    proposing to leave the current                          including a trademark, or in another                  remain outside of the Sonoma Coast
                                                    boundaries of the Sonoma Coast AVA                      label reference as to the origin of the               AVA. Comments should address the
                                                    unchanged and to allow the partial                      wine, would have to ensure that the                   boundaries, climate, topography, soils,
                                                    overlap with the proposed Petaluma                      product is eligible to use the viticultural           and any other pertinent information that
                                                    Gap AVA.                                                area’s full name ‘‘Petaluma Gap’’ as an               supports or opposes the proposed North
                                                                                                            appellation of origin.                                Coast AVA boundary expansion and/or
                                                    TTB Determination                                          If approved, the establishment of the              the partial overlap of the proposed
                                                      TTB concludes that the petition to                    proposed Petaluma Gap AVA and the                     Petaluma Gap AVA with the Sonoma
                                                    establish the 202,476-acre ‘‘Petaluma                   proposed modification of the North                    Coast AVA.
                                                    Gap’’ AVA and to concurrently modify                    Coast AVA boundary would allow                           Because of the potential impact of the
                                                    the boundary of the existing North Coast                vintners to use ‘‘Petaluma Gap’’ or                   establishment of the proposed Petaluma
                                                    AVA merits consideration and public                     ‘‘North Coast’’ as appellations of origin             Gap AVA on wine labels that include
                                                    comment, as invited in this document.                   for wines made from grapes grown                      the term ‘‘Petaluma Gap’’ as discussed
                                                      TTB is proposing the establishment of                 within the Petaluma Gap AVA, if the                   above under Impact on Current Wine
                                                    the new AVA and the modification of                     wines meet the eligibility requirements               Labels, TTB is particularly interested in
                                                    the existing AVA as one action.                         for the appellation. Additionally,                    comments regarding whether there will
                                                    Accordingly, if TTB establishes the                     vintners would be able to use ‘‘Sonoma                be a conflict between the proposed area
                                                    proposed Petaluma Gap AVA, then the                     Coast’’ as an appellation of origin on                name and currently used brand names.
                                                    proposed boundary modification of the                   wines made primarily from grapes                      If a commenter believes that a conflict
                                                    North Coast would be approved                           grown within the Sonoma County                        will arise, the comment should describe
                                                    concurrently. If TTB does not establish                 portion of the Petaluma Gap AVA, if the               the nature of that conflict, including any
                                                    the proposed Petaluma Gap AVA, then                     wines meet the eligibility requirements               anticipated negative economic impact
                                                    the present North Coast AVA boundary                    for the appellation.                                  that approval of the proposed AVA will
                                                    would not be modified as proposed in                                                                          have on an existing viticultural
                                                    this document.                                          Public Participation                                  enterprise. TTB is also interested in
                                                                                                            Comments Invited                                      receiving suggestions for ways to avoid
                                                    Boundary Description                                                                                          conflicts, for example, by adopting a
                                                      See the narrative boundary                               TTB invites comments from interested               modified or different name for the
                                                    descriptions of the petitioned-for AVA                  members of the public on whether TTB                  proposed AVA.
                                                    and the boundary modification of the                    should establish the proposed Petaluma
                                                                                                            Gap AVA and concurrently modify the                   Submitting Comments
                                                    established AVA in the proposed
                                                    regulatory text published at the end of                 boundary of the established North Coast                 You may submit comments on this
                                                    this document.                                          AVA. TTB is interested in receiving                   proposal by using one of the following
                                                                                                            comments on the sufficiency and                       three methods:
                                                    Maps                                                    accuracy of the name, boundary,                         • Federal e-Rulemaking Portal: You
                                                      The petitioner provided the required                  climate, topography, and other required               may send comments via the online
                                                    maps, and they are listed below in the                  information submitted in support of the               comment form posted with this
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                                                    proposed regulatory text.                               Petaluma Gap AVA petition. In                         document within Docket No. TTB–
                                                                                                            addition, given the proposed Petaluma                 2016–0009 on ‘‘Regulations.gov,’’ the
                                                    Impact on Current Wine Labels                           Gap AVA’s location within the existing                Federal e-rulemaking portal, at https://
                                                      Part 4 of the TTB regulations prohibits               North Coast AVA and Sonoma Coast                      www.regulations.gov. A direct link to
                                                    any label reference on a wine that                      AVA, TTB is interested in comments on                 that docket is available under Notice
                                                    indicates or implies an origin other than               whether the evidence submitted in the                 No. 163 on the TTB Web site at https://
                                                    the wine’s true place of origin. For a                  petition regarding the distinguishing                 www.ttb.gov/wine/wine-
                                                    wine to be labeled with an AVA name                     features of the proposed AVA                          rulemaking.shtml. Supplemental files


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                                                                            Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Proposed Rules                                         74985

                                                    may be attached to comments submitted                   rulemaking.shtml under Notice No. 163.                    Authority: 27 U.S.C. 205.
                                                    via Regulations.gov. For complete                       You may also reach the relevant docket
                                                    instructions on how to use                              through the Regulations.gov search page               Subpart C—Approved American
                                                    Regulations.gov, visit the site and click               at https://www.regulations.gov. For                   Viticultural Areas
                                                    on the ‘‘Help’’ tab at the top of the page.             instructions on how to use                            ■ 2. Section 9.30 is amended as follows:
                                                       • U.S. Mail: You may send comments                   Regulations.gov, visit the site and click             ■ a. The introductory text of paragraph
                                                    via postal mail to the Director,                        on the ‘‘Help’’ tab at the top of the page.           (b) is revised;
                                                    Regulations and Rulings Division,                          All posted comments will display the               ■ b. The word ‘‘and’’ is removed from
                                                    Alcohol and Tobacco Tax and Trade                       commenter’s name, organization (if                    the end of paragraph (b)(2);
                                                    Bureau, 1310 G Street NW., Box 12,                      any), city, and State, and, in the case of            ■ c. The period is removed from the end
                                                    Washington, DC 20005.                                   mailed comments, all address                          of paragraph (b)(3) and a semicolon is
                                                       • Hand Delivery/Courier: You may                     information, including email addresses.               added in its place;
                                                    hand-carry your comments or have them                   TTB may omit voluminous attachments                   ■ d. Paragraphs (b)(4) and (5) are added;
                                                    hand-carried to the Alcohol and                         or material that it considers unsuitable              ■ e. Paragraphs (c)(1) and (2) are
                                                    Tobacco Tax and Trade Bureau, 1310 G                    for posting.                                          revised;
                                                    Street NW., Suite 400, Washington, DC                      You also may view copies of this                   ■ f. Paragraphs (c)(3) through (24) are
                                                    20005.                                                  document, all related petitions, maps                 redesignated as paragraphs (c)(7)
                                                       Please submit your comments by the                   and other supporting materials, and any               through (28); and
                                                    closing date shown above in this                        electronic or mailed comments we                      ■ g. Paragraphs (c)(3) through (6) are
                                                    document. Your comments must                            receive about this proposal by                        added.
                                                    reference Notice No. 163 and include                    appointment at the TTB Information                      The revisions and additions read as
                                                    your name and mailing address. Your                     Resource Center, 1310 G Street NW.,                   follows:
                                                    comments also must be made in                           Washington, DC 20005. You may also
                                                                                                                                                                  § 9.30   North Coast.
                                                    English, be legible, and be written in                  obtain copies at 20 cents per 8.5- x 11-
                                                    language acceptable for public                          inch page. Contact our information                    *     *     *     *    *
                                                                                                            specialist at the above address or by                   (b) Approved maps. The appropriate
                                                    disclosure. We do not acknowledge
                                                                                                            telephone at 202–453–2265 to schedule                 maps for determining the boundaries of
                                                    receipt of comments, and we consider
                                                                                                            an appointment or to request copies of                the North Coast viticultural area are five
                                                    all comments as originals.
                                                       Your comment must clearly state if                   comments or other materials.                          U.S.G.S. maps. They are entitled:
                                                                                                                                                                    * * *
                                                    you are commenting on your own behalf                                                                           (4) ‘‘Tomales, CA,’’ scale 1:24,000,
                                                                                                            Regulatory Flexibility Act
                                                    or on behalf of an organization,                                                                              edition of 1995; and
                                                    business, or other entity. If you are                      TTB certifies that this proposed
                                                                                                                                                                    (5) ‘‘Point Reyes NE., CA,’’ scale
                                                    commenting on behalf of an                              regulation, if adopted, would not have
                                                                                                                                                                  1:24,000, edition of 1995.
                                                    organization, business, or other entity,                a significant economic impact on a                      (c) * * *
                                                    your comment must include the entity’s                  substantial number of small entities.                   (1) Then follow the Pacific coastline
                                                    name as well as your name and position                  The proposed regulation imposes no                    in a generally southeasterly direction for
                                                    title. If you comment via                               new reporting, recordkeeping, or other                9.4 miles, crossing onto the Tomales
                                                    Regulations.gov, please enter the                       administrative requirement. Any benefit               map, to Preston Point on Tomales Bay;
                                                    entity’s name in the ‘‘Organization’’                   derived from the use of a viticultural                  (2) Then northeast along the shoreline
                                                    blank of the online comment form. If                    area name would be the result of a                    of Tomales Bay approximately 1 mile to
                                                    you comment via postal mail, please                     proprietor’s efforts and consumer                     the mouth of Walker Creek opposite
                                                    submit your entity’s comment on                         acceptance of wines from that area.                   benchmark (BM) 10 on State Highway 1;
                                                    letterhead.                                             Therefore, no regulatory flexibility                    (3) Then southeast in a straight line
                                                       You may also write to the                            analysis is required.                                 for 1.3 miles to the marked 714-foot
                                                    Administrator before the comment                        Executive Order 12866                                 peak;
                                                    closing date to ask for a public hearing.                                                                       (4) Then southeast in a straight line
                                                    The Administrator reserves the right to                   This proposed rule is not a significant             for 3.1 miles, crossing onto the Point
                                                    determine whether to hold a public                      regulatory action as defined by                       Reyes NE map, to the marked 804-foot
                                                    hearing.                                                Executive Order 12866. Therefore, it                  peak;
                                                                                                            requires no regulatory assessment.                      (5) Then southeast in a straight line
                                                    Confidentiality
                                                                                                            Drafting Information                                  1.8 miles to the marked 935-foot peak;
                                                       All submitted comments and                                                                                   (6) Then southeast in a straight line
                                                    attachments are part of the public record                 Karen A. Thornton of the Regulations                12.7 miles, crossing back onto the Santa
                                                    and subject to disclosure. Do not                       and Rulings Division drafted this                     Rosa map, to the marked 1,466-foot peak
                                                    enclose any material in your comments                   document.                                             on Barnabe Mountain;
                                                    that you consider to be confidential or                 List of Subjects in 27 CFR Part 9                     *     *     *     *    *
                                                    inappropriate for public disclosure.                                                                          ■ 3. Add § 9.lll to read as follows:
                                                                                                              Wine.
                                                    Public Disclosure                                                                                             § 9.lll      Petaluma Gap.
                                                                                                            Proposed Regulatory Amendment
                                                       TTB will post, and you may view,                                                                              (a) Name. The name of the viticultural
                                                                                                              For the reasons discussed in the
                                                    copies of this document, selected                                                                             area described in this section is
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                                                                                                            preamble, we propose to amend title 27,
                                                    supporting materials, and any online or                                                                       ‘‘Petaluma Gap’’. For purposes of part 4
                                                                                                            chapter I, part 9, Code of Federal
                                                    mailed comments received about this                                                                           of this chapter, ‘‘Petaluma Gap’’ is a
                                                                                                            Regulations, as follows:
                                                    proposal within Docket No. TTB–2016–                                                                          term of viticultural significance.
                                                    0009 on the Federal e-rulemaking                        PART 9—AMERICAN VITICULTURAL                             (b) Approved maps. The 12 United
                                                    portal, Regulations.gov, at https://                    AREAS                                                 States Geological Survey (USGS)
                                                    www.regulations.gov. A direct link to                                                                         1:24,000 scale topographic maps used to
                                                    that docket is available on the TTB Web                 ■ 1. The authority citation for part 9                determine the boundary of the Petaluma
                                                    site at https://www.ttb.gov/wine/wine-                  continues to read as follows:                         Gap viticultural area are titled:


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                                                    74986                   Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Proposed Rules

                                                       (1) Cotati, Calif., 1954; photorevised               crossing onto the Petaluma Point map,                 in the Estero Americano land grant,
                                                    1980;                                                   to the mouth of the creek at San Pablo                T6N/R10W; then
                                                       (2) Glen Elle, Calif., 1954;                         Bay; then                                                (24) Proceed east in a straight line for
                                                    photorevised 1980;                                         (9) Proceed southwesterly along the                1 mile to vertical angle benchmark
                                                       (3) Petaluma River, Calif., 1954;                    shore of San Pablo Bay for 2.7 miles,                 (VABM) 724 in the Estero Americano
                                                    photorevised 1980;                                      crossing the mouth of the Petaluma                    land grant, T6N/R10W; then
                                                       (4) Sears Point, Calif., 1951;                       River, and continuing southeasterly                      (25) Proceed south-southeasterly in a
                                                    photorevised 1968;                                      along the bay’s shoreline to Petaluma                 straight line for 0.8 mile to BM 61 on an
                                                       (5) Petaluma Point, Calif., 1959;                    Point; then                                           unmarked light duty road known locally
                                                    photorevised 1980;                                         (10) Proceed northwesterly in a                    as Freestone Valley Ford Road in the
                                                       (6) Novato, Calif., 1954; photorevised               straight line for 6.3 miles, crossing over            Cañada de Pogolimi land grant, T6N/
                                                    1980;                                                   the northeastern corner of the Novato                 R10W; then
                                                       (7) Petaluma, Calif., 1953;                          map and onto the Petaluma River map,                     (26) Proceed southeast in a straight
                                                    photorevised 1981;                                      to the marked 1,558-foot peak of Burdell              line for 0.6 mile to the marked 448-foot
                                                       (8) Point Reyes NE., CA, 1995;                       Mountain; then                                        peak in the Cañada de Pogolimi land
                                                       (9) Tomales, CA, 1995;                                  (11) Proceed northwest in a straight               grant, T6N/R10W; then
                                                       (10) Bodega Head, Calif., 1972;                      line for 1.3 miles to the marked 1,193-                  (27) Proceed southeast in a straight
                                                       (11) Valley Ford, Calif., 1954;                      foot peak; then                                       line for 0.1 mile to the northern
                                                    photorevised 1971; and                                     (12) Proceed west-southwesterly in a               terminus of an unnamed, unimproved
                                                       (12) Two Rock, Calif., 1954;                         straight line for 2.2 miles, crossing onto            road in the Cañada de Pogolimi land
                                                    photorevised 1971.                                      the Petaluma map, to the marked 1,209-                grant, T6N/R10W; then
                                                       (c) Boundary. The Petaluma Gap                       foot peak; then                                          (28) Proceed northeasterly, then
                                                    viticultural area is located in Sonoma                     (13) Proceed west-southwest in a                   southeasterly for 0.9 mile along the
                                                    and Marin Counties in California. The                   straight line for 0.8 mile to the marked              unnamed, unimproved road to the 400-
                                                    boundary of the Petaluma Gap                            1,296-foot peak; then                                 foot elevation contour in the Cañada de
                                                    viticultural area is as described below:                   (14) Proceed west in a straight line for           Pogolimi land grant, T6N/R10W; then
                                                       (1) The beginning point is on the                    1 mile to the marked 1,257-foot peak on                  (29) Proceed easterly along the
                                                    Cotati map at the intersection of Grange                Red Hill in section 31, T4N/R7W; then                 meandering 400-foot elevation contour
                                                    Road, Crane Canyon Road, and the                           (15) Proceed southwest in a straight               for 6.7 miles, crossing onto the Two
                                                    northern boundary of section 16, T6N/                   line for 2.9 miles to the marked 1,532-               Rocks map, to Burnside Road in the
                                                    R7W. From the beginning point,                          foot peak on Hicks Mountain; then                     Cañada de Pogolimi land grant, T6N/
                                                    proceed southeast in a straight line for                   (16) Proceed north-northwesterly in a              R10W; then
                                                    1 mile, crossing over Pressley Road, to                 straight line for 2.7 miles, crossing onto               (30) Proceed south on Burnside Road
                                                    the intersection of the 900-foot elevation              the Point Reyes NE map, to the marked                 for 0.1 mile to an unnamed medium
                                                    contour and the eastern boundary of                     1,087-foot peak; then                                 duty road known locally as Bloomfield
                                                    section 16, T6N/R7W; then                                  (17) Proceed north-northwesterly in a              Road in the Cañada de Pogolimi land
                                                       (2) Proceed east-southeasterly in a                  straight line for 1.5 miles to the marked             grant,T6N/R9W; then
                                                    straight line for 0.5 mile, crossing onto               1,379-foot peak; then                                    (31) Proceed southeast in a straight
                                                    the Glen Ellen map, to the terminus of                     (18) Proceed west-northwesterly in a               line for 0.6 mile to the marked 610-foot
                                                    an unnamed, unimproved road known                       straight line for 2.9 miles to the marked             peak in the Blucher land grant, T6N/
                                                    locally as Summit View Ranch Road,                      935-foot peak; then                                   R9W; then
                                                    just north of the southern boundary of                     (19) Proceed northwest in a straight                  (32) Proceed east-southeasterly in a
                                                    section 15, T6N/R7N; then                               line for 1.8 miles to the marked 804-foot             straight line for 0.8 mile to the marked
                                                       (3) Proceed southeast in a straight line             peak; then                                            641-foot peak in the Blucher land grant,
                                                    for 0.6 mile to the intersection of Crane                  (20) Proceed west-northwesterly in a               T6N/R9W; then
                                                    Creek and the 1,200-foot elevation                      straight line for 3.1 miles, crossing onto               (33) Proceed northeast in a straight
                                                    contour, section 22, T6N/R7W; then                      the Tomales map, to the marked 741-                   line for 1.2 miles, crossing through the
                                                       (4) Proceed southeast in a straight line             foot peak; then                                       intersection of an intermittent stream
                                                    for 2.9 miles to the marked 2,271-foot                     (21) Proceed northwesterly in a                    with Canfield Road, to the common
                                                    peak on Sonoma Mountain, T6N/R6W;                       straight line for 1.3 miles to benchmark              Range 8/9 boundary; then
                                                    then                                                    (BM) 10 on State Highway 1, at the                       (34) Proceed southeast in a straight
                                                       (5) Proceed southeast in a straight line             mouth of Walker Creek in Tomales Bay;                 line for 0.5 mile to the marked 542-foot
                                                    for 10.5 miles, crossing over the                       then                                                  peak; then
                                                    northeastern corner of the Petaluma                        (22) Proceed southwesterly, then                      (35) Proceed southeast in a straight
                                                    River map and onto the Sears Point                      northwesterly along the shoreline of                  line for 0.8 mile to the intersection of an
                                                    map, to the marked 682-foot summit of                   Tomales Bay to Sand Point, on Bodega                  unnamed, unimproved road (leading to
                                                    Wildcat Mountain; then                                  Bay, and continuing northerly along the               four barn-like structures) known locally
                                                       (6) Proceed south-southeasterly in a                 shoreline of Bodega Bay, crossing over                as Carniglia Lane and an unnamed
                                                    straight line for 3.3 miles to the                      the Valley Ford map and onto the                      medium duty road known locally as
                                                    intersection of State Highway 121 (also                 Bodega Head map, circling the shoreline               Roblar Road, T6N/R8W; then
                                                    known locally as Arnold Drive) and                      of Bodega Harbor to the Pacific Ocean                    (36) Proceed south in a straight line
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                                                    State Highway 37 (also known locally as                 and continuing northerly along the                    for 0.5 mile to the marked 678-foot peak,
                                                    Sears Point Road); then                                 shoreline of the Pacific Ocean to the                 T6N/R8W; then
                                                       (7) Proceed east-northeasterly along                 mouth of Salmon Creek, for a total of                    (37) Proceed east-southeast in a
                                                    State Highway 37/Sears Point Road for                   19.5 miles; then                                      straight line for 0.8 mile to the marked
                                                    approximately 0.1 mile to Tolay Creek;                     (23) Proceed easterly along Salmon                 599-foot peak, T5N/R8W; then
                                                    then                                                    Creek for 9.6 miles, crossing onto the                   (38) Proceed east-southeast in a
                                                       (8) Proceed generally south along the                Valley Ford map and passing Nolan                     straight line for 0.7 mile to the marked
                                                    meandering Tolay Creek for 3.9 miles,                   Creek, to the second intermittent stream              604-foot peak, T5N/R8W; then


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                                                                             Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Proposed Rules                                             74987

                                                       (39) Proceed east-southeast in a                     of this meeting is to invite stakeholders             Safety and Health Act of 1970 (29 U.S.C.
                                                    straight line for 0.9 mile, crossing onto               to identify topics or issues they would               653, 655, 657), and Secretary’s Order 1–
                                                    the Cotati map, to the intersection of                  like OSHA to consider in the                          2012 (77 FR 3912), (Jan. 25, 2012).
                                                    Meacham Road and an unnamed light                       rulemaking.                                             Signed at Washington, DC, on October 24,
                                                    duty road leading to a series of barn-like              DATES: Wednesday November 16, 2016.                   2016.
                                                    structures, T5N/R8W; then                               ADDRESSES: OSHA’s informal discussion                 David Michaels,
                                                       (40) Proceed north-northeast along
                                                                                                            on Hazard Communication rulemaking                    Assistant Secretary of Labor for Occupational
                                                    Meacham Road for 0.8 mile to Stony                                                                            Safety and Health.
                                                                                                            will be held Wednesday, November 16,
                                                    Point Road, T5N/R8W; then                               2016 from 9:00 a.m.–12:30 p.m.at the                  [FR Doc. 2016–26003 Filed 10–27–16; 8:45 am]
                                                       (41) Proceed southeast along Stony
                                                                                                            Mine Safety and Health Administration                 BILLING CODE 4510–26–P
                                                    Point Road for 1.1 miles to the 200-foot
                                                                                                            (MSHA) Headquarters, Suite 700, 201
                                                    elevation contour, T5N/R8W; then
                                                                                                            12th Street South, Arlington, VA 22202.
                                                       (42) Proceed north-northeast in a
                                                    straight line for 0.5 mile to the                       FOR FURTHER INFORMATION CONTACT: Ms.                  DEPARTMENT OF COMMERCE
                                                    intersection of an intermittent creek                   Maureen Ruskin, OSHA Directorate of
                                                    with U.S. Highway 101, T5N/R8W; then                    Standards and Guidance, Department of                 Patent and Trademark Office
                                                       (43) Proceed north along U.S.                        Labor, Washington, DC 20210,
                                                    Highway 101 for 1.5 miles to State                      telephone: (202) 693–1950, email:                     37 CFR Part 1
                                                    Highway 116 (also known locally as                      ruskin.maureen@dol.gov.                               [Docket No.: PTO–P–2011–0030]
                                                    Graverstein Highway), T6N/R8W; then                     SUPPLEMENTARY INFORMATION:
                                                                                                               Advanced Meeting Registration:                     RIN 0651–AC58
                                                       (44) Proceed northeast in a straight
                                                    line for 3.4 miles to the intersection of               OSHA requests that attendees pre-
                                                                                                            register for this meeting by completing               Revision of the Duty To Disclose
                                                    Crane Creek and Petaluma Hill Road,                                                                           Information in Patent Applications and
                                                    T6N/R7W; then                                           the form at https://
                                                                                                            www.surveymonkey.com/r/CRPK2YY.                       Reexamination Proceedings
                                                       (45) Proceed easterly along Crane
                                                    Creek for 0.8 mile to the intersection of               Please note if you are attending in                   AGENCY: United States Patent and
                                                    Crane Creek and the 200-foot elevation                  person MSHA, who is hosting this                      Trademark Office, Commerce.
                                                    line, T6N/R7W; then                                     meeting, requires pre-registration seven
                                                                                                                                                                  ACTION: Notice of proposed rulemaking.
                                                       (46) Proceed northwesterly along the                 days before the meeting. Failure to pre-
                                                    200-foot elevation contour for 1 mile to                register for this event will prevent your             SUMMARY:   The United States Patent and
                                                    the intersection of the contour line and                access into the MSHA Headquarters                     Trademark Office (Office or PTO) is
                                                    an intermittent stream just south of                    building. Additionally, if you are                    proposing revisions to the materiality
                                                    Crane Canyon Road, T6N/R7W; then                        attending in-person, OSHA suggests you                standard for the duty to disclose
                                                       (47) Proceed east then northeasterly                 plan to arrive early to allow time for the            information in patent applications and
                                                    along the northern branch of the                        security checks necessary to access the               reexamination proceedings (duty of
                                                    intermittent stream for 0.3 mile to the                 building. Conference call-in and WebEx                disclosure) in light of a 2011 decision by
                                                    intersection of the stream with Crane                   capability will be provided for this                  the U.S. Court of Appeals for the
                                                    Canyon Road, T6N/R7W; then                              meeting. Specific information on the                  Federal Circuit (Federal Circuit). The
                                                       (48) Proceed northeasterly along                     MSHA Headquarters building access,                    Office previously issued a notice of
                                                    Crane Canyon Road for 1.2 miles,                        and call-in and WebEx meeting access                  proposed rulemaking on July 21, 2011,
                                                    returning to the beginning point.                       will be posted when available in the                  and due to the passage of time since the
                                                                                                            Highlights box on OSHA’s Hazard                       comment period closed in 2011, the
                                                      Signed: October 21, 2016.
                                                                                                            Communication Web site at: https://                   Office considers it appropriate to seek
                                                    John J. Manfreda,
                                                                                                            www.osha.gov/dsg/hazcom/index.html.                   additional comments from our
                                                    Administrator.                                          OSHA is beginning its rulemaking                      stakeholders before issuing a final
                                                    [FR Doc. 2016–25972 Filed 10–27–16; 8:45 am]            efforts to maintain alignment of the                  rulemaking. In the current notice of
                                                    BILLING CODE 4810–31–P                                  Hazard Communication Standard (HCS)                   proposed rulemaking, the Office is
                                                                                                            with the most recent revision of the                  seeking public comments on the rules of
                                                                                                            United Nations Globally Harmonized                    practice, as revised in response to the
                                                    DEPARTMENT OF LABOR                                     system of Classification and Labelling of             comments received from our
                                                                                                            chemicals (GHS). The purpose of this                  stakeholders.
                                                    Occupational Safety and Health                          meeting is to request feedback from
                                                    Administration                                          stakeholders and informally discuss                   DATES:  Comment Deadline Date: The
                                                                                                            potential topics or issues that OSHA                  Office is soliciting comments from the
                                                    29 CFR Chapter XVII                                     should consider during a rulemaking to                public on this proposed rule change.
                                                                                                            update the HCS. OSHA will also solicit                Written comments must be received on
                                                    Informal Discussion on Hazard                           suggestions about the types of                        or before December 27, 2016 to ensure
                                                    Communication Rulemaking                                publications stakeholders might find                  consideration. No public hearing will be
                                                    AGENCY: Occupational Safety and Health                  helpful in complying with the standard                held.
                                                    Administration (OSHA), Department of                    and which topics on which they would                  ADDRESSES: Comments concerning this
                                                    Labor.                                                  like OSHA to prepare additional                       notice should be sent by electronic mail
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                                                    ACTION: Notice of public meeting.                       compliance materials in the future.                   message over the Internet (email)
                                                                                                               Authority and Signature: This                      addressed to AC58.comments@
                                                    SUMMARY:   This notice is to advise                     document was prepared under the                       uspto.gov. Comments may also be
                                                    interested persons that on Wednesday,                   direction of David Michaels, Ph.D.,                   submitted by postal mail addressed to:
                                                    November 16, 2016, OSHA will conduct                    MPH, Assistant Secretary of Labor for                 Mail Stop Comments—Patents,
                                                    a public meeting to informally discuss                  Occupational Safety and Health, U.S.                  Commissioner for Patents, P.O. Box
                                                    potential updates to the Hazard                         Department of Labor, pursuant to                      1450, Alexandria, VA 22313–1450,
                                                    Communication Standard. The purpose                     sections 4, 6, and 8 of the Occupational              marked to the attention of Matthew


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Document Created: 2018-02-13 16:39:49
Document Modified: 2018-02-13 16:39:49
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.
DatesTTB must receive your comments on or before December 27, 2016.
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 Citation81 FR 74979 
RIN Number1513-AC34

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