82_FR_57891 82 FR 57657 - Expansion of the Outer Coast Plain Viticultural Area

82 FR 57657 - Expansion of the Outer Coast Plain Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 82, Issue 234 (December 7, 2017)

Page Range57657-57659
FR Document2017-26414

The Alcohol and Tobacco Tax and Trade Bureau (TTB) is expanding the approximately 2.25 million-acre ``Outer Coastal Plain'' viticultural area of southeastern New Jersey by approximately 32,932 acres. The Outer Coastal Plain AVA includes all or portions of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Monmouth, Ocean, and Salem counties. The established viticultural area and the expansion area are not located within any other established viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.

Federal Register, Volume 82 Issue 234 (Thursday, December 7, 2017)
[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Rules and Regulations]
[Pages 57657-57659]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26414]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / 
Rules and Regulations

[[Page 57657]]



DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2016-0008; T.D. TTB-148; Re: Notice No. 162]
RIN 1513-AC32


Expansion of the Outer Coast Plain Viticultural Area

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

ACTION: Final rule; Treasury decision.

-----------------------------------------------------------------------

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is 
expanding the approximately 2.25 million-acre ``Outer Coastal Plain'' 
viticultural area of southeastern New Jersey by approximately 32,932 
acres. The Outer Coastal Plain AVA includes all or portions of 
Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, 
Monmouth, Ocean, and Salem counties. The established viticultural area 
and the expansion area are not located within any other established 
viticultural area. TTB designates viticultural areas to allow vintners 
to better describe the origin of their wines and to allow consumers to 
better identify wines they may purchase.

DATES: This final rule is effective January 8, 2018.

FOR FURTHER INFORMATION CONTACT: Dana Register, 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. 022.

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act 
pursuant to section 1111(d) of the Homeland Security Act of 2002, 
codified at 6 U.S.C. 531(d). The Secretary has delegated various 
authorities through Treasury Department Order 120-01, dated December 
10, 2013 (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 this law.
    Part 4 of the TTB regulations (27 CFR part 4) authorizes the 
establishment of 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 the 
wine's geographic origin. The establishment of AVAs allows vintners to 
describe more accurately the origin of their wines to consumers and 
helps consumers to identify wines they may purchase. Establishment of 
an AVA is neither an 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. Petitioners may use the same process to request changes 
involving established AVAs. Section 9.12 of the TTB regulations (27 CFR 
9.12) prescribes standards for petitions for modifying established 
AVAs. Petitions to expand an established AVA must include the 
following:
     Evidence that the area within the proposed expansion area 
boundary is nationally or locally known by the name of the established 
AVA;
     An explanation of the basis for defining the boundary of 
the proposed expansion area;
     A narrative description of the features of the proposed 
expansion area that affect viticulture, such as climate, geology, 
soils, physical features, and elevation, that make the proposed 
expansion area similar to the established AVA and distinguish it from 
adjacent areas outside the established AVA boundary;
     The appropriate United States Geological Survey (USGS) 
map(s) showing the location of the proposed expansion area, with the 
boundary of the proposed expansion area clearly drawn thereon; and
     A detailed narrative description of the proposed expansion 
area boundary based on USGS map markings.

Petition To Expand the Outer Coast Plain AVA

    TTB received a petition from John and Jane Giunco, owners of 4JG's 
Orchards and Vineyards in Colts Neck, New Jersey, proposing to expand 
the established ``Outer Coastal Plain'' AVA. The Outer Coastal Plain 
AVA (27 CFR 9.207) was established by T.D. TTB-58, which was published 
in the Federal Register on February 9, 2007 (72 FR 6165). The Outer 
Coastal Plain AVA covers approximately 2.25 million acres in all or 
portions of Atlantic, Burlington, Camden, Cape May, Cumberland, 
Gloucester, Monmouth, Ocean, and Salem Counties. The Outer Coastal 
Plain AVA and the proposed expansion area do not overlap, nor are they 
within, any other established or proposed AVAs.
    The proposed expansion area is located in Monmouth County, adjacent 
to the western edge of the existing Outer Coastal Plain AVA boundary, 
and covers approximately 32,932 acres.

[[Page 57658]]

According to the petition, one commercial vineyard covering a total of 
30 acres is located within the proposed expansion area. The vineyard 
also has its own winery. The vineyard and the winery both existed at 
the time the Outer Coastal Plain AVA was established in 2007 and are 
owned by the petitioner. The petitioners for the expansion of the AVA 
assert in their petition that when the AVA was established, the region 
of the proposed expansion was intended to be included in the AVA but 
was inadvertently omitted. The petitioners state that they only 
recently learned that they are not within the AVA's boundaries.
    The petition included a letter from the current president of the 
Outer Coastal Plain Vineyard Association stating that the Association 
supports the proposed expansion, and noting that the petitioners for 
the expansion have been members of that Association since 2006. TTB 
notes that the Association's Web site lists as a member Bellview 
Winery, the original petitioner for the Outer Coastal Plain AVA.
    According to the petition, the proposed expansion area is similar 
to the established Outer Coastal Plain AVA with regard to its primary 
distinguishing features: The soils, elevations, and climate. The most 
common soils of the proposed expansion area are well-drained soils that 
contain large amounts of sand and/or gravel, similar to the soils 
within the Outer Coastal Plain AVA, as described in T.D. TTB-58, which 
established that AVA. The proposed expansion area and the established 
Outer Coastal Plain AVA are also both regions of agricultural land with 
low elevations. Within the Outer Coastal Plain AVA, the elevations are 
below 280 feet, and within the proposed expansion area, the elevations 
primarily range from 6 to 150 feet above sea level with a small region 
along the western edge of the proposed expansion area reaching 250 
feet. Finally, although much of the established AVA has a growing 
season ranging from 190 to 217 days, the proposed expansion area's 
growing season of 188 to 192 days is similar to that of the adjacent 
portion of the Outer Coastal Plain AVA.
    The regions to the west and northwest of the proposed expansion 
area are outside the Outer Coastal Plain AVA. These regions are marked 
by a belt of hills called the cuestas. Elevations within the cuestas 
can reach as high as 1,680 feet, which is significantly higher than the 
elevations in both the proposed expansion area and the Outer Coastal 
Plain AVA. The growing season length within most of the cuestas is also 
shorter than the growing seasons for the proposed expansion area and 
the Outer Coastal Plain AVA. The portion of the cuestas immediately 
adjacent to the proposed expansion area has a growing season length of 
between 185 and 188 days, but moving farther west and north within the 
cuestas, the growing season shortens to between 163 and 179 days. 
Finally, the soils of the cuesta region differ from soils within the 
proposed expansion area and the Outer Coastal Plain AVA in that they 
have higher clay content and less sand and gravel.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 162 in the Federal Register on September 
20, 2016 (81 FR 64368), proposing to expand the Outer Coastal Plain 
AVA. In the notice, TTB summarized the evidence from the petition 
regarding the name, boundary, and distinguishing features for the 
proposed expansion area. For a detailed description of the evidence 
relating to the name, boundary, and distinguishing features of the 
proposed expansion area, and for a comparison of the distinguishing 
features of the proposed expansion area to the surrounding areas and to 
the established Outer Coastal Plain AVA, see Notice No. 162.

Comments Received

    In Notice No. 162, TTB solicited comments on the accuracy of the 
name, boundary, climatic, and other required information submitted in 
support of the petition. The comment period closed on November 21, 
2016.
    In response to Notice No. 162, TTB received one comment. The 
commenter, who describes himself as a past President of the Outer 
Coastal Plain Vineyard Association who was involved with the 
determination of the distinguishing features of the established Outer 
Coastal Plain AVA, supported the expansion of the Outer Coastal Plain 
AVA. The commenter stated his belief that the expansion petition 
contained ``valid name evidence, boundary evidence and distinctive 
features that are recognizable features of the Outer Coastal Plain,'' 
and he specifically cited as shared features the sandy loam and loamy 
sand soils, soil drainage, and the length of growing degree days. The 
commenter also stated his belief that the proposed expansion area 
should be added to the existing AVA. The comment did not raise any new 
issues concerning the proposed AVA expansion. TTB received no comments 
opposing the expansion of the Outer Coastal Plain AVA.

TTB Determination

    After careful review of the petition and the comment received, TTB 
finds that the evidence provided by the petitioner sufficiently 
demonstrates that the proposed expansion area shares the 
characteristics of the established Outer Coastal Plain AVA and should 
also be recognized as part of that AVA. Accordingly, under the 
authority of the FAA Act, section 1111(d) of the Homeland Security Act 
of 2002, and parts 4 and 9 of the TTB regulations, TTB expands the 2.25 
million-acre Outer Coastal Plain AVA to include the approximately 
32,932-acre expansion area as described in Notice No. 162, effective 30 
days from the publication date of this document.

Boundary Description

    See the narrative description of the boundary of the AVA expansion 
in the regulatory text published at the end of this final rule.

Maps

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

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 Sec.  
4.25(e)(3) of the TTB regulations (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 Sec.  4.39(i)(2) of the TTB regulations (27 CFR 4.39(i)(2)) for 
details.
    The expansion of the Outer Coastal Plain AVA will not affect any 
other existing AVA, and bottlers using ``Outer Coastal Plain'' as an 
appellation of origin or in a brand name for wines made from grapes 
within the Outer Coastal Plain AVA will not be affected by this 
expansion. The expansion of the Outer Coastal Plain AVA will allow

[[Page 57659]]

vintners to use ``Outer Coastal Plain'' as an appellation of origin for 
wines made primarily from grapes grown within the expansion area if the 
wines meet the eligibility requirements for the appellation.

Regulatory Flexibility Act

    TTB certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. The 
regulation imposes no new reporting, recordkeeping, or other 
administrative requirement. Any benefit derived from the use of an AVA 
name would be the result of a proprietor's efforts and consumer 
acceptance of wines from that area. Therefore, no regulatory 
flexibility analysis is required.

Executive Order 12866

    It has been determined that this final rule is not a significant 
regulatory action as defined by Executive Order 12866 of September 30, 
1993. Therefore, no regulatory assessment is required.

Drafting Information

    Dana Register of the Regulations and Rulings Division drafted this 
final rule.

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

    For the reasons discussed in the preamble, TTB amends title 27, 
chapter I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

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

    Authority:  27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Section 9.207 is amended by:
0
a. Revising paragraphs (b) introductory text and (b)(6) and (7);
0
b. Adding paragraphs (b)(8) through (10);
0
c. Revising paragraphs (c)(16) and (17);
0
d. Redesignating paragraphs (c)(18) through (22) as paragraphs (c)(21) 
through (25); and
0
e. Adding new paragraphs (c)(18) through (20).
    The revisions and additions read as follows:


Sec.  9.207  Outer Coastal Plain.

* * * * *
    (b) Approved maps. The appropriate maps for determining the 
boundary of the Outer Coastal Plain viticultural area are 10 United 
States Geological Survey topographic maps. They are titled:
* * * * *
    (6) Cape May, New Jersey, 1981, 1:100,000 scale;
    (7) Dover, Delaware-New Jersey-Maryland, 1984, 1:100,000 scale;
    (8) Freehold, New Jersey, 2014, 1:24,000 scale;
    (9) Marlboro, New Jersey, 2014, 1:24,000 scale; and
    (10) Keyport, New Jersey-New York, 2014, 1:24,000 scale.
    (c) * * *
    (16) Continue northeasterly on CR 537, crossing onto the Freehold, 
New Jersey, map, to the intersection of CR 537 (known locally as W. 
Main Street) and State Route 79 (known locally as S. Main Street) in 
Freehold; then
    (17) Proceed northeasterly, then northerly, along State Route 79, 
crossing onto the Marlboro, New Jersey, map to the intersection of 
State Route 79 and Pleasant Valley Road in Wickatunk; then
    (18) Proceed northeasterly, then southeasterly along Pleasant 
Valley Road to the road's intersection with Schank Road, south of 
Pleasant Valley; then
    (19) Proceed easterly along Schank Road to the road's intersection 
with Holmdel Road; then
    (20) Proceed northerly along Holmdel Road, crossing onto the 
Keyport, New Jersey-New York map, to the road's intersection with the 
Garden State Parkway, north of Crawford Corners; then
* * * * *

    Signed: May 2, 2017.
John J. Manfreda,
Administrator.

    Approved: October 19, 2017.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2017-26414 Filed 12-6-17; 8:45 am]
 BILLING CODE 4810-31-P



                                                                                                                                                                                              57657

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 82, No. 234

                                                                                                                                                           Thursday, December 7, 2017



                                             This section of the FEDERAL REGISTER                    of the Treasury to prescribe regulations              the procedure for proposing an AVA
                                             contains regulatory documents having general            for the labeling of wine, distilled spirits,          and provides that any interested party
                                             applicability and legal effect, most of which           and malt beverages. The FAA Act                       may petition TTB to establish a grape-
                                             are keyed to and codified in the Code of                provides that these regulations should,               growing region as an AVA. Petitioners
                                             Federal Regulations, which is published under           among other things, prohibit consumer                 may use the same process to request
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     deception and the use of misleading                   changes involving established AVAs.
                                             The Code of Federal Regulations is sold by              statements on labels and ensure that                  Section 9.12 of the TTB regulations (27
                                             the Superintendent of Documents.                        labels provide the consumer with                      CFR 9.12) prescribes standards for
                                                                                                     adequate information as to the identity               petitions for modifying established
                                                                                                     and quality of the product. The Alcohol               AVAs. Petitions to expand an
                                             DEPARTMENT OF THE TREASURY                              and Tobacco Tax and Trade Bureau                      established AVA must include the
                                                                                                     (TTB) administers the FAA Act                         following:
                                             Alcohol and Tobacco Tax and Trade                       pursuant to section 1111(d) of the                      • Evidence that the area within the
                                             Bureau                                                  Homeland Security Act of 2002,                        proposed expansion area boundary is
                                                                                                     codified at 6 U.S.C. 531(d). The                      nationally or locally known by the name
                                             27 CFR Part 9                                           Secretary has delegated various                       of the established AVA;
                                             [Docket No. TTB–2016–0008; T.D. TTB–148;                authorities through Treasury                            • An explanation of the basis for
                                             Re: Notice No. 162]                                     Department Order 120–01, dated                        defining the boundary of the proposed
                                                                                                     December 10, 2013 (superseding                        expansion area;
                                             RIN 1513–AC32                                           Treasury Order 120–01, dated January                    • A narrative description of the
                                                                                                     24, 2003), to the TTB Administrator to                features of the proposed expansion area
                                             Expansion of the Outer Coast Plain                                                                            that affect viticulture, such as climate,
                                                                                                     perform the functions and duties in the
                                             Viticultural Area                                                                                             geology, soils, physical features, and
                                                                                                     administration and enforcement of this
                                             AGENCY:  Alcohol and Tobacco Tax and                    law.                                                  elevation, that make the proposed
                                             Trade Bureau, Treasury.                                    Part 4 of the TTB regulations (27 CFR              expansion area similar to the
                                                                                                     part 4) authorizes the establishment of               established AVA and distinguish it from
                                             ACTION: Final rule; Treasury decision.
                                                                                                     definitive viticultural areas and regulate            adjacent areas outside the established
                                             SUMMARY:   The Alcohol and Tobacco Tax                  the use of their names as appellations of             AVA boundary;
                                             and Trade Bureau (TTB) is expanding                     origin on wine labels and in wine                       • The appropriate United States
                                             the approximately 2.25 million-acre                     advertisements. Part 9 of the TTB                     Geological Survey (USGS) map(s)
                                             ‘‘Outer Coastal Plain’’ viticultural area               regulations (27 CFR part 9) sets forth                showing the location of the proposed
                                             of southeastern New Jersey by                           standards for the preparation and                     expansion area, with the boundary of
                                             approximately 32,932 acres. The Outer                   submission of petitions for the                       the proposed expansion area clearly
                                             Coastal Plain AVA includes all or                       establishment or modification of                      drawn thereon; and
                                                                                                     American viticultural areas (AVAs) and                  • A detailed narrative description of
                                             portions of Atlantic, Burlington,
                                                                                                     lists the approved AVAs.                              the proposed expansion area boundary
                                             Camden, Cape May, Cumberland,
                                                                                                                                                           based on USGS map markings.
                                             Gloucester, Monmouth, Ocean, and                        Definition
                                             Salem counties. The established                                                                               Petition To Expand the Outer Coast
                                             viticultural area and the expansion area                  Section 4.25(e)(1)(i) of the TTB                    Plain AVA
                                             are not located within any other                        regulations (27 CFR 4.25(e)(1)(i)) defines
                                                                                                     a viticultural area for American wine as                TTB received a petition from John and
                                             established viticultural area. TTB                                                                            Jane Giunco, owners of 4JG’s Orchards
                                             designates viticultural areas to allow                  a delimited grape-growing region having
                                                                                                     distinguishing features, as described in              and Vineyards in Colts Neck, New
                                             vintners to better describe the origin of                                                                     Jersey, proposing to expand the
                                                                                                     part 9 of the regulations, and a name
                                             their wines and to allow consumers to                                                                         established ‘‘Outer Coastal Plain’’ AVA.
                                                                                                     and a delineated boundary, as
                                             better identify wines they may                                                                                The Outer Coastal Plain AVA (27 CFR
                                                                                                     established in part 9 of the regulations.
                                             purchase.                                                                                                     9.207) was established by T.D. TTB–58,
                                                                                                     These designations allow vintners and
                                             DATES: This final rule is effective                     consumers to attribute a given quality,               which was published in the Federal
                                             January 8, 2018.                                        reputation, or other characteristic of a              Register on February 9, 2007 (72 FR
                                             FOR FURTHER INFORMATION CONTACT:                        wine made from grapes grown in an area                6165). The Outer Coastal Plain AVA
                                             Dana Register, Regulations and Rulings                  to the wine’s geographic origin. The                  covers approximately 2.25 million acres
                                             Division, Alcohol and Tobacco Tax and                   establishment of AVAs allows vintners                 in all or portions of Atlantic, Burlington,
                                             Trade Bureau, 1310 G Street NW., Box                    to describe more accurately the origin of             Camden, Cape May, Cumberland,
                                             12, Washington, DC 20005; phone (202)                   their wines to consumers and helps                    Gloucester, Monmouth, Ocean, and
                                             453–1039, ext. 022.                                     consumers to identify wines they may                  Salem Counties. The Outer Coastal Plain
                                                                                                     purchase. Establishment of an AVA is                  AVA and the proposed expansion area
Pmangrum on DSK3GDR082PROD with RULES




                                             SUPPLEMENTARY INFORMATION:
                                                                                                     neither an approval nor an endorsement                do not overlap, nor are they within, any
                                             Background on Viticultural Areas                        by TTB of the wine produced in that                   other established or proposed AVAs.
                                                                                                     area.                                                   The proposed expansion area is
                                             TTB Authority                                                                                                 located in Monmouth County, adjacent
                                               Section 105(e) of the Federal Alcohol                 Requirements                                          to the western edge of the existing Outer
                                             Administration Act (FAA Act), 27                          Section 4.25(e)(2) of the TTB                       Coastal Plain AVA boundary, and
                                             U.S.C. 205(e), authorizes the Secretary                 regulations (27 CFR 4.25(e)(2)) outlines              covers approximately 32,932 acres.


                                        VerDate Sep<11>2014   13:34 Dec 06, 2017   Jkt 244001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\07DER1.SGM   07DER1


                                             57658            Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations

                                             According to the petition, one                          proposed expansion area and the Outer                 TTB Determination
                                             commercial vineyard covering a total of                 Coastal Plain AVA. The portion of the                    After careful review of the petition
                                             30 acres is located within the proposed                 cuestas immediately adjacent to the                   and the comment received, TTB finds
                                             expansion area. The vineyard also has                   proposed expansion area has a growing                 that the evidence provided by the
                                             its own winery. The vineyard and the                    season length of between 185 and 188                  petitioner sufficiently demonstrates that
                                             winery both existed at the time the                     days, but moving farther west and north               the proposed expansion area shares the
                                             Outer Coastal Plain AVA was                             within the cuestas, the growing season                characteristics of the established Outer
                                             established in 2007 and are owned by                    shortens to between 163 and 179 days.                 Coastal Plain AVA and should also be
                                             the petitioner. The petitioners for the                 Finally, the soils of the cuesta region               recognized as part of that AVA.
                                             expansion of the AVA assert in their                    differ from soils within the proposed                 Accordingly, under the authority of the
                                             petition that when the AVA was                          expansion area and the Outer Coastal                  FAA Act, section 1111(d) of the
                                             established, the region of the proposed                 Plain AVA in that they have higher clay               Homeland Security Act of 2002, and
                                             expansion was intended to be included                                                                         parts 4 and 9 of the TTB regulations,
                                                                                                     content and less sand and gravel.
                                             in the AVA but was inadvertently                                                                              TTB expands the 2.25 million-acre
                                             omitted. The petitioners state that they                Notice of Proposed Rulemaking and                     Outer Coastal Plain AVA to include the
                                             only recently learned that they are not                 Comments Received                                     approximately 32,932-acre expansion
                                             within the AVA’s boundaries.                                                                                  area as described in Notice No. 162,
                                                The petition included a letter from the                TTB published Notice No. 162 in the
                                                                                                                                                           effective 30 days from the publication
                                             current president of the Outer Coastal                  Federal Register on September 20, 2016                date of this document.
                                             Plain Vineyard Association stating that                 (81 FR 64368), proposing to expand the
                                             the Association supports the proposed                   Outer Coastal Plain AVA. In the notice,               Boundary Description
                                             expansion, and noting that the                          TTB summarized the evidence from the                    See the narrative description of the
                                             petitioners for the expansion have been                 petition regarding the name, boundary,                boundary of the AVA expansion in the
                                             members of that Association since 2006.                 and distinguishing features for the                   regulatory text published at the end of
                                             TTB notes that the Association’s Web                    proposed expansion area. For a detailed               this final rule.
                                             site lists as a member Bellview Winery,                 description of the evidence relating to
                                             the original petitioner for the Outer                                                                         Maps
                                                                                                     the name, boundary, and distinguishing
                                             Coastal Plain AVA.                                      features of the proposed expansion area,                The petitioner provided the required
                                                According to the petition, the                       and for a comparison of the                           maps, and they are listed below in the
                                             proposed expansion area is similar to                   distinguishing features of the proposed               regulatory text.
                                             the established Outer Coastal Plain AVA                 expansion area to the surrounding areas
                                             with regard to its primary distinguishing                                                                     Impact on Current Wine Labels
                                                                                                     and to the established Outer Coastal
                                             features: The soils, elevations, and                                                                             Part 4 of the TTB regulations prohibits
                                                                                                     Plain AVA, see Notice No. 162.
                                             climate. The most common soils of the                                                                         any label reference on a wine that
                                             proposed expansion area are well-                       Comments Received                                     indicates or implies an origin other than
                                             drained soils that contain large amounts                                                                      the wine’s true place of origin. For a
                                             of sand and/or gravel, similar to the                     In Notice No. 162, TTB solicited                    wine to be labeled with an AVA name
                                             soils within the Outer Coastal Plain                    comments on the accuracy of the name,                 or with a brand name that includes an
                                             AVA, as described in T.D. TTB–58,                       boundary, climatic, and other required                AVA name, at least 85 percent of the
                                             which established that AVA. The                         information submitted in support of the               wine must be derived from grapes
                                             proposed expansion area and the                         petition. The comment period closed on                grown within the area represented by
                                             established Outer Coastal Plain AVA are                 November 21, 2016.                                    that name, and the wine must meet the
                                             also both regions of agricultural land                    In response to Notice No. 162, TTB                  other conditions listed in § 4.25(e)(3) of
                                             with low elevations. Within the Outer                   received one comment. The commenter,                  the TTB regulations (27 CFR 4.25(e)(3)).
                                             Coastal Plain AVA, the elevations are                   who describes himself as a past                       If the wine is not eligible for labeling
                                             below 280 feet, and within the proposed                 President of the Outer Coastal Plain                  with an AVA name and that name
                                             expansion area, the elevations primarily                Vineyard Association who was involved                 appears in the brand name, then the
                                             range from 6 to 150 feet above sea level                                                                      label is not in compliance, and the
                                                                                                     with the determination of the
                                             with a small region along the western                                                                         bottler must change the brand name and
                                                                                                     distinguishing features of the
                                             edge of the proposed expansion area                                                                           obtain approval of a new label.
                                                                                                     established Outer Coastal Plain AVA,
                                             reaching 250 feet. Finally, although                                                                          Similarly, if the AVA name appears in
                                                                                                     supported the expansion of the Outer                  another reference on the label in a
                                             much of the established AVA has a
                                                                                                     Coastal Plain AVA. The commenter                      misleading manner, the bottler would
                                             growing season ranging from 190 to 217
                                             days, the proposed expansion area’s                     stated his belief that the expansion                  have to obtain approval of a new label.
                                             growing season of 188 to 192 days is                    petition contained ‘‘valid name                       Different rules apply if a wine has a
                                             similar to that of the adjacent portion of              evidence, boundary evidence and                       brand name containing an AVA name
                                             the Outer Coastal Plain AVA.                            distinctive features that are recognizable            that was used as a brand name on a
                                                The regions to the west and northwest                features of the Outer Coastal Plain,’’ and            label approved before July 7, 1986. See
                                             of the proposed expansion area are                      he specifically cited as shared features              § 4.39(i)(2) of the TTB regulations (27
                                             outside the Outer Coastal Plain AVA.                    the sandy loam and loamy sand soils,                  CFR 4.39(i)(2)) for details.
                                             These regions are marked by a belt of                   soil drainage, and the length of growing                 The expansion of the Outer Coastal
                                             hills called the cuestas. Elevations                    degree days. The commenter also stated                Plain AVA will not affect any other
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                                             within the cuestas can reach as high as                 his belief that the proposed expansion                existing AVA, and bottlers using ‘‘Outer
                                             1,680 feet, which is significantly higher               area should be added to the existing                  Coastal Plain’’ as an appellation of
                                             than the elevations in both the proposed                AVA. The comment did not raise any                    origin or in a brand name for wines
                                             expansion area and the Outer Coastal                    new issues concerning the proposed                    made from grapes within the Outer
                                             Plain AVA. The growing season length                    AVA expansion. TTB received no                        Coastal Plain AVA will not be affected
                                             within most of the cuestas is also                      comments opposing the expansion of                    by this expansion. The expansion of the
                                             shorter than the growing seasons for the                the Outer Coastal Plain AVA.                          Outer Coastal Plain AVA will allow


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                                                              Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations                                           57659

                                             vintners to use ‘‘Outer Coastal Plain’’ as              the Outer Coastal Plain viticultural area             DEPARTMENT OF THE TREASURY
                                             an appellation of origin for wines made                 are 10 United States Geological Survey
                                             primarily from grapes grown within the                  topographic maps. They are titled:                    Alcohol and Tobacco Tax and Trade
                                             expansion area if the wines meet the                                                                          Bureau
                                                                                                     *     *    *     *     *
                                             eligibility requirements for the
                                             appellation.                                              (6) Cape May, New Jersey, 1981,                     27 CFR Part 9
                                                                                                     1:100,000 scale;
                                             Regulatory Flexibility Act                                                                                    [Docket No. TTB–2016–0009; T.D. TTB–149;
                                                                                                       (7) Dover, Delaware–New Jersey–                     Re: Notice No. 163]
                                                TTB certifies that this regulation will              Maryland, 1984, 1:100,000 scale;
                                             not have a significant economic impact                                                                        RIN 1513–AC34
                                             on a substantial number of small                          (8) Freehold, New Jersey, 2014,
                                             entities. The regulation imposes no new                 1:24,000 scale;                                       Establishment of the Petaluma Gap
                                             reporting, recordkeeping, or other                        (9) Marlboro, New Jersey, 2014,                     Viticultural Area and Modification of
                                             administrative requirement. Any benefit                 1:24,000 scale; and                                   the North Coast Viticultural Area
                                             derived from the use of an AVA name                       (10) Keyport, New Jersey–New York,                  AGENCY:  Alcohol and Tobacco Tax and
                                             would be the result of a proprietor’s                   2014, 1:24,000 scale.                                 Trade Bureau, Treasury.
                                             efforts and consumer acceptance of                                                                            ACTION: Final rule; Treasury decision.
                                             wines from that area. Therefore, no                       (c) * * *
                                             regulatory flexibility analysis is                        (16) Continue northeasterly on CR                   SUMMARY:   The Alcohol and Tobacco Tax
                                             required.                                               537, crossing onto the Freehold, New                  and Trade Bureau (TTB) establishes the
                                                                                                     Jersey, map, to the intersection of CR                approximately 202,476-acre ‘‘Petaluma
                                             Executive Order 12866
                                                                                                     537 (known locally as W. Main Street)                 Gap’’ viticultural area in portions of
                                               It has been determined that this final                and State Route 79 (known locally as S.               Sonoma and Marin Counties in
                                             rule is not a significant regulatory action             Main Street) in Freehold; then                        California. The viticultural area lies
                                             as defined by Executive Order 12866 of                                                                        entirely within the larger existing North
                                             September 30, 1993. Therefore, no                         (17) Proceed northeasterly, then
                                                                                                     northerly, along State Route 79, crossing             Coast viticultural area and partially
                                             regulatory assessment is required.                                                                            within the established Sonoma Coast
                                                                                                     onto the Marlboro, New Jersey, map to
                                             Drafting Information                                    the intersection of State Route 79 and                viticultural area. TTB also modifies the
                                                                                                                                                           boundary of the North Coast viticultural
                                               Dana Register of the Regulations and                  Pleasant Valley Road in Wickatunk;
                                                                                                                                                           area to eliminate a partial overlap with
                                             Rulings Division drafted this final rule.               then
                                                                                                                                                           the Petaluma Gap viticultural area. TTB
                                             List of Subjects in 27 CFR Part 9                         (18) Proceed northeasterly, then                    designates viticultural areas to allow
                                                                                                     southeasterly along Pleasant Valley                   vintners to better describe the origin of
                                               Wine.
                                                                                                     Road to the road’s intersection with                  their wines and to allow consumers to
                                             The Regulatory Amendment                                Schank Road, south of Pleasant Valley;                better identify wines they may
                                                For the reasons discussed in the                     then                                                  purchase.
                                             preamble, TTB amends title 27, chapter                    (19) Proceed easterly along Schank                  DATES: This final rule is effective
                                             I, part 9, Code of Federal Regulations, as              Road to the road’s intersection with                  January 8, 2018.
                                             follows:                                                Holmdel Road; then                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                       (20) Proceed northerly along Holmdel                Kaori Flores, Regulations and Rulings
                                             PART 9—AMERICAN VITICULTURAL
                                                                                                     Road, crossing onto the Keyport, New                  Division, Alcohol and Tobacco Tax and
                                             AREAS
                                                                                                     Jersey–New York map, to the road’s                    Trade Bureau, 1310 G Street NW., Box
                                             ■ 1. The authority citation for part 9                  intersection with the Garden State                    12, Washington, DC 20005; phone (202)
                                             continues to read as follows:                           Parkway, north of Crawford Corners;                   453–1039.
                                                 Authority: 27 U.S.C. 205.                           then                                                  SUPPLEMENTARY INFORMATION:
                                                                                                     *     *    *     *     *                              Background on Viticultural Areas
                                             Subpart C—Approved American
                                             Viticultural Areas                                        Signed: May 2, 2017.                                TTB Authority
                                                                                                     John J. Manfreda,
                                                                                                                                                             Section 105(e) of the Federal Alcohol
                                             ■ 2. Section 9.207 is amended by:                       Administrator.
                                             ■ a. Revising paragraphs (b)                                                                                  Administration Act (FAA Act), 27
                                             introductory text and (b)(6) and (7);                     Approved: October 19, 2017.                         U.S.C. 205(e), authorizes the Secretary
                                             ■ b. Adding paragraphs (b)(8) through                   Timothy E. Skud,                                      of the Treasury to prescribe regulations
                                             (10);                                                                                                         for the labeling of wine, distilled spirits,
                                                                                                     Deputy Assistant Secretary (Tax, Trade, and
                                             ■ c. Revising paragraphs (c)(16) and                    Tariff Policy).
                                                                                                                                                           and malt beverages. The FAA Act
                                             (17);                                                                                                         provides that these regulations should,
                                                                                                     [FR Doc. 2017–26414 Filed 12–6–17; 8:45 am]
                                             ■ d. Redesignating paragraphs (c)(18)                                                                         among other things, prohibit consumer
                                                                                                     BILLING CODE 4810–31–P
                                             through (22) as paragraphs (c)(21)                                                                            deception and the use of misleading
                                             through (25); and                                                                                             statements on labels, and ensure that
                                             ■ e. Adding new paragraphs (c)(18)                                                                            labels provide the consumer with
                                             through (20).                                                                                                 adequate information as to the identity
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                                               The revisions and additions read as                                                                         and quality of the product. The Alcohol
                                             follows:                                                                                                      and Tobacco Tax and Trade Bureau
                                                                                                                                                           (TTB) administers the FAA Act
                                             § 9.207   Outer Coastal Plain.                                                                                pursuant to section 1111(d) of the
                                             *    *    *    *     *                                                                                        Homeland Security Act of 2002,
                                              (b) Approved maps. The appropriate                                                                           codified at 6 U.S.C. 531(d). The
                                             maps for determining the boundary of                                                                          Secretary has delegated various


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Document Created: 2017-12-07 00:35:02
Document Modified: 2017-12-07 00:35:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; Treasury decision.
DatesThis final rule is effective January 8, 2018.
ContactDana Register, 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. 022.
FR Citation82 FR 57657 
RIN Number1513-AC32

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