82_FR_57893 82 FR 57659 - Establishment of the Petaluma Gap Viticultural Area and Modification of the North Coast Viticultural Area

82 FR 57659 - 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 82, Issue 234 (December 7, 2017)

Page Range57659-57664
FR Document2017-26410

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 202,476-acre ``Petaluma Gap'' viticultural area in portions of Sonoma and Marin Counties in California. The viticultural area lies entirely within the larger existing North Coast viticultural area and partially within the established Sonoma Coast viticultural area. TTB also modifies the boundary of the North Coast viticultural area to eliminate a partial overlap with the Petaluma Gap 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 57659-57664]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26410]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2016-0009; T.D. TTB-149; Re: Notice No. 163]
RIN 1513-AC34


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: Final rule; Treasury decision.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes 
the approximately 202,476-acre ``Petaluma Gap'' viticultural area in 
portions of Sonoma and Marin Counties in California. The viticultural 
area lies entirely within the larger existing North Coast viticultural 
area and partially within the established Sonoma Coast viticultural 
area. TTB also modifies the boundary of the North Coast viticultural 
area to eliminate a partial overlap with the Petaluma Gap 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: Kaori Flores, Regulations and Rulings 
Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., 
Box 12, Washington, DC 20005; phone (202) 453-1039.

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

[[Page 57660]]

authorities through Treasury Department Order 120-01, dated December 
10, 2013 (superseding Treasury Department 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) allows the 
establishment of definitive viticultural areas and the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved 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 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 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;
     A copy of 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.

Petaluma Gap Petition

    TTB received a petition from Patrick L. Shabram, on behalf of the 
Petaluma Gap Winegrowers Alliance, proposing the establishment of the 
``Petaluma Gap'' AVA and the modification of the boundary of the 
established multi-county North Coast AVA (27 CFR 9.30). The proposed 
Petaluma Gap AVA is located in portions of Sonoma and Marin Counties, 
California. The proposed AVA covers approximately 202,476 acres and 
contains 80 commercially-producing vineyards covering a total of 
approximately 4,000 acres, as well as 9 bonded wineries. According to 
the petition, the distinguishing features of the proposed Petaluma Gap 
AVA include its topography and wind speed.
    The proposed AVA lies in southern Sonoma County and northern Marin 
County, has a northwest-southeast orientation, and extends from the 
Pacific Ocean to San Pablo Bay. As proposed, a small portion of the 
Petaluma Gap AVA would overlap a portion of the established North Coast 
AVA. To eliminate the potential overlap, the petitioner also proposed 
modifying the boundary of the North Coast AVA to eliminate the 
potential overlap and place the proposed Petaluma Gap AVA entirely 
within the North Coast AVA. The proposed modification would increase 
the size of the 3 million-acre North Coast AVA by approximately 28,077 
acres. The petition provided evidence that the proposed expansion area 
shares the main characteristic of the North Coast AVA--the marine 
climate influence that moderates growing season temperatures in the 
area. The expansion area was also shown to have similar growing degree 
day accumulations to the North Coast AVA and to be within the range of 
Winkler scale regions that characterizes the rest of the North Coast 
AVA.
    The proposed Petaluma Gap AVA is located in the southern portion of 
the established Sonoma Coast AVA and shares the marine-influenced 
climate and coastal fog of the established AVA. As proposed, the 
Petaluma Gap AVA would also partially overlap the southwestern boundary 
of the established Sonoma Coast AVA (27 CFR 9.116), leaving the Marin 
County portion of the proposed AVA, consisting of approximately 68,130 
acres, outside of the Sonoma Coast AVA. The petition did not propose to 
modify the boundary of the Sonoma Coast AVA for several reasons, 
including the lack of use of the name ``Sonoma Coast'' to describe 
lands in Marin County. Additionally, the evidence in the petition 
demonstrated that both the Sonoma County and the Marin County portions 
of the proposed Petaluma Gap AVA share similar topographic 
characteristics and similar wind speeds, so excluding Marin County 
entirely would have affected the integrity of the proposed AVA. 
Further, TTB notes that removing the proposed Petaluma Gap 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 region removed from the Sonoma Coast 
AVA would no longer be eligible to be labeled with that AVA as an 
appellation of origin.
    According to the petition, the distinguishing features of the 
proposed Petaluma Gap AVA are its topography and wind speeds. The 
terrain consists of highlands characterized by low, rolling hills not 
exceeding 600 feet, except in a few places within the ridgelines that 
form the proposed northern, eastern, and southern boundaries. Within 
the proposed Petaluma Gap AVA, there are also small valleys and fluvial 
terraces, with flat land along the Petaluma River, especially east of 
the City of Petaluma and near the mouth of San Pablo Bay. 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.
    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.

[[Page 57661]]

To the south of the proposed AVA, the elevations can exceed 1,000 feet.
    The low elevations and rolling hills of the proposed Petaluma Gap 
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. Although marine breezes are present 
within the proposed Petaluma Gap AVA during most of the day, the wind 
speeds increase significantly in the afternoon hours because the 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 effect of these prolonged high wind speeds on grapes is a 
reduction in 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.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 163 in the Federal Register on October 28, 
2016, (81 FR 74979), proposing to establish the Petaluma Gap AVA and 
modify the boundary of the North Coast AVA. In the document, TTB 
summarized the evidence from the petition regarding the name, boundary, 
and distinguishing features for the proposed viticultural area. For a 
description of the evidence relating to the name, boundary, and 
distinguishing features of the proposed viticultural area, and for a 
comparison of the distinguishing features of the proposed viticultural 
area to the surrounding areas, see Notice No. 163.
    In Notice No. 163, TTB solicited comments on the accuracy of the 
name, boundary, climatic, and other required information submitted in 
support of the petition. In addition, given the proposed AVA's location 
within the existing North Coast AVA and in the southern portion of the 
Sonoma Coast AVA, TTB solicited comments on whether the evidence 
submitted in the petition regarding the distinguishing features of the 
proposed AVA sufficiently differentiates it from the two established 
AVAs. TTB also asked for comments on whether the geographical features 
of the proposed viticultural area are so distinguishable from the 
existing North Coast and Sonoma Coast AVAs that the proposed Petaluma 
Gap AVA should not be part of one or either established AVA.
    Additionally, TTB asked for comments on the proposed modification 
of the North Coast AVA and whether the evidence presented in the 
proposed Petaluma Gap AVA petition was sufficient to warrant expansion 
of the North Coast AVA to include the entire proposed Petaluma Gap AVA. 
Finally, TTB asked for comments on whether the evidence submitted in 
the petition supported allowing the partial overlap between the 
proposed Petaluma Gap AVA and the established Sonoma Coast AVA. The 
comment period on Notice No. 163 closed on December 27, 2016.
    In response to Notice No. 163, TTB received a total of 11 comments, 
all of which supported the establishment of the Petaluma Gap AVA and 
the expansion of the North Coast AVA boundary. Commenters were 
primarily local residents, vineyard owners, and members of the wine 
industry. The commenters generally supported the proposed AVA due to 
the rolling terrain and distinct microclimate, featuring distinct 
temperatures, moderate rainfall, the presence of fog, and wind gusts. 
Other comments emphasized the distinct flavor of the wines from the 
Petaluma Gap region and stated that establishing the Petaluma Gap AVA 
will help consumers to buy and identify wine accurately. Several 
comments received during the comment period stated that the proposed 
AVA has characteristics that are distinct from the larger Sonoma Coast 
AVA and warrant its recognition as a sub-AVA. However, none of the 
commenters specifically stated that the proposed Petaluma Gap AVA 
should be completely removed from the Sonoma Coast AVA. TTB received no 
comments in opposition of the Petaluma Gap AVA, as proposed, and no 
comments opposing the proposed North Coast AVA boundary modification or 
the proposed partial overlap with the Sonoma Coast AVA.

TTB Determination

    After careful review of the petition and of the comments received 
in response to Notice No. 163, TTB finds that the evidence provided by 
the petitioner supports the establishment of the approximately 202,476-
acre Petaluma Gap AVA and the modification of the boundary of the North 
Coast AVA. Accordingly, under the authority of the FAA Act, section 
1111(d) of the Homeland Security Act of 2002, and part 4 of the TTB 
regulations, TTB establishes the ``Petaluma Gap'' AVA in Sonoma and 
Marin Counties, in California.
    TTB has also determined that the land within the Petaluma Gap AVA 
will remain part of the larger North Coast AVA. The Petaluma Gap AVA 
shares the basic viticultural feature of the North Coast AVA, which 
consists of the marine influence that moderates growing season 
temperatures in the area. Therefore, TTB is recognizing the Petaluma 
Gap AVA as a distinct AVA within the larger North Coast AVA.
    Furthermore, TTB modifies the boundary of the North Coast AVA as 
described in Notice No. 163. TTB has determined that the expansion area 
has the similar marine-influenced climate of the North Coast AVA. 
Therefore, TTB is expanding the North Coast to include all of the 
Petaluma Gap AVA. This change is effective 30 days from the date of 
publication of this document. TTB is also allowing the partial overlap 
of the Petaluma Gap AVA with the Sonoma Coast AVA. The Marin County 
portion of the Petaluma Gap AVA will remain outside of the Sonoma Coast 
AVA, while the Sonoma County portion will be within the Sonoma Coast 
AVA. TTB allows 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.

Boundary Description

    See the narrative boundary description of the Petaluma Gap AVA and 
the modified boundary of the North Coast AVA 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. With the establishment of this AVA, its name, 
``Petaluma Gap,'' will be recognized as a name of viticultural 
significance under 27 CFR 4.39(i)(3). The text of the regulation 
clarifies this point. Once this final rule becomes effective, wine 
bottlers using the name ``Petaluma Gap'' in a brand name, including a 
trademark, or in another label reference as to the origin of the wine, 
will have to ensure that the product is eligible to use the 
viticultural name as an appellation of origin. The establishment of the 
Petaluma Gap AVA will allow vintners to use ``Petaluma Gap'' as an 
appellation

[[Page 57662]]

of origin for wines made from grapes grown within the Petaluma Gap AVA 
if the wines meet the eligibility requirements for the appellation.
    The establishment of the Petaluma Gap AVA will not affect any 
existing viticultural area, and any bottlers using ``North Coast AVA'' 
as an appellation of origin or in a brand name for wines made from 
grapes grown within the North Coast AVA will not be affected by the 
establishment of this new AVA. The establishment of the AVA will allow 
vintners to use ``Petaluma Gap and ``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.
    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.

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 a 
viticultural area name would be the result of a proprietor's efforts 
and consumer acceptance of wines from that area. Therefore, no 
regulatory flexibility analysis is required.

Executive Order 12866

    It has been determined that this 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

    Kaori Flores 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 9.30 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.  [thinsp]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.  9.261 to read as follows:


Sec.  [thinsp]9.261   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:
    (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 in paragraphs (c)(1) through (48) 
of this section:
    (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; the
    (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

[[Page 57663]]

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
    (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.


[[Page 57664]]


    Signed: June 14, 2017.
John J. Manfreda,
Administrator.
    Approved: October 26, 2017.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2017-26410 Filed 12-6-17; 8:45 am]
 BILLING CODE 4810-31-P

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 Pmangrum on DSK3GDR082PROD with RULES 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 VerDate Sep<11>2014 13:34 Dec 06, 2017 Jkt 244001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1

57660 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations authorities through Treasury and distinguish it from adjacent areas established Sonoma Coast AVA (27 CFR Department Order 120–01, dated outside the proposed AVA boundary; 9.116), leaving the Marin County December 10, 2013 (superseding • A copy of the appropriate United portion of the proposed AVA, consisting Treasury Department Order 120–01, States Geological Survey (USGS) map(s) of approximately 68,130 acres, outside dated January 24, 2003), to the TTB showing the location of the proposed of the Sonoma Coast AVA. The petition Administrator to perform the functions AVA, with the boundary of the did not propose to modify the boundary and duties in the administration and proposed AVA clearly drawn thereon; of the Sonoma Coast AVA for several enforcement of these provisions. and reasons, including the lack of use of the Part 4 of the TTB regulations (27 CFR • A detailed narrative description of name ‘‘Sonoma Coast’’ to describe lands part 4) allows the establishment of the proposed AVA boundary based on in Marin County. Additionally, the definitive viticultural areas and the use USGS map markings. evidence in the petition demonstrated of their names as appellations of origin Petaluma Gap Petition that both the Sonoma County and the on wine labels and in wine Marin County portions of the proposed TTB received a petition from Patrick Petaluma Gap AVA share similar advertisements. Part 9 of the TTB L. Shabram, on behalf of the Petaluma topographic characteristics and similar regulations (27 CFR part 9) sets forth Gap Winegrowers Alliance, proposing wind speeds, so excluding Marin standards for the preparation and the establishment of the ‘‘Petaluma County entirely would have affected the submission of petitions for the Gap’’ AVA and the modification of the establishment or modification of integrity of the proposed AVA. Further, boundary of the established multi- TTB notes that removing the proposed American viticultural areas (AVAs) and county North Coast AVA (27 CFR 9.30). lists the approved AVAs. Petaluma Gap AVA from the Sonoma The proposed Petaluma Gap AVA is Coast AVA would potentially affect Definition located in portions of Sonoma and current label holders who use the Marin Counties, California. The ‘‘Sonoma Coast’’ appellation on their Section 4.25(e)(1)(i) of the TTB proposed AVA covers approximately regulations (27 CFR 4.25(e)(1)(i)) defines wines because wines made primarily 202,476 acres and contains 80 from grapes grown in the region a viticultural area for American wine as commercially-producing vineyards a delimited grape-growing region having removed from the Sonoma Coast AVA covering a total of approximately 4,000 would no longer be eligible to be labeled distinguishing features as described in acres, as well as 9 bonded wineries. part 9 of the regulations and a name and with that AVA as an appellation of According to the petition, the origin. a delineated boundary as established in distinguishing features of the proposed part 9 of the regulations. These According to the petition, the Petaluma Gap AVA include its distinguishing features of the proposed designations allow vintners and topography and wind speed. consumers to attribute a given quality, Petaluma Gap AVA are its topography The proposed AVA lies in southern and wind speeds. The terrain consists of reputation, or other characteristic of a Sonoma County and northern Marin wine made from grapes grown in an area highlands characterized by low, rolling County, has a northwest-southeast hills not exceeding 600 feet, except in to its geographic origin. The orientation, and extends from the a few places within the ridgelines that establishment of AVAs allows vintners Pacific Ocean to San Pablo Bay. As form the proposed northern, eastern, to describe more accurately the origin of proposed, a small portion of the and southern boundaries. Within the their wines to consumers and helps Petaluma Gap AVA would overlap a proposed Petaluma Gap AVA, there are consumers to identify wines they may portion of the established North Coast also small valleys and fluvial terraces, purchase. Establishment of an AVA is AVA. To eliminate the potential with flat land along the Petaluma River, neither an approval nor an endorsement overlap, the petitioner also proposed especially east of the City of Petaluma by TTB of the wine produced in that modifying the boundary of the North and near the mouth of San Pablo Bay. area. Coast AVA to eliminate the potential The low elevations and gently rolling Requirements overlap and place the proposed terrain of the proposed Petaluma Gap Petaluma Gap AVA entirely within the create a corridor that allows marine Section 4.25(e)(2) of the TTB North Coast AVA. The proposed winds to flow relatively unhindered regulations outlines the procedure for modification would increase the size of from the Pacific Ocean to San Pablo proposing an AVA and provides that the 3 million-acre North Coast AVA by Bay, particularly during the mid-to-late any interested party may petition TTB approximately 28,077 acres. The afternoon. As a result, cool air and to establish a grape-growing region as an petition provided evidence that the marine fog enter the vineyards during AVA. Section 9.12 of the TTB proposed expansion area shares the the time of day when temperatures regulations (27 CFR 9.12) prescribes main characteristic of the North Coast would normally be at their highest, standards for petitions for the AVA—the marine climate influence that bringing heat relief to the vines. establishment of AVAs. Petitions to moderates growing season temperatures To the north of the proposed establish an AVA must include the in the area. The expansion area was also Petaluma Gap AVA, the elevations are following: shown to have similar growing degree much higher, with elevations over 1,000 • Evidence that the area within the day accumulations to the North Coast feet not uncommon in northern Sonoma proposed AVA boundary is nationally AVA and to be within the range of County. The broad Santa Rosa Plain is or locally known by the AVA name Winkler scale regions that characterizes also located north of the proposed AVA specified in the petition; the rest of the North Coast AVA. and has a much flatter topography than • An explanation of the basis for The proposed Petaluma Gap AVA is the proposed AVA. East of the proposed Pmangrum on DSK3GDR082PROD with RULES defining the boundary of the proposed located in the southern portion of the AVA, the higher elevations of Sonoma AVA; established Sonoma Coast AVA and Mountain prevent much of the marine • A narrative description of the shares the marine-influenced climate airflow that enters the Petaluma Gap features of the proposed AVA that affect and coastal fog of the established AVA. from travelling farther east. East of viticulture, such as climate, geology, As proposed, the Petaluma Gap AVA Sonoma Mountain is the Sonoma soils, physical features, and elevation, would also partially overlap the Valley, which has lower elevations and that make the proposed AVA distinctive southwestern boundary of the flatter terrain than the proposed AVA. VerDate Sep<11>2014 13:34 Dec 06, 2017 Jkt 244001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1

Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations 57661 To the south of the proposed AVA, the proposed viticultural area are so TTB establishes the ‘‘Petaluma Gap’’ elevations can exceed 1,000 feet. distinguishable from the existing North AVA in Sonoma and Marin Counties, in The low elevations and rolling hills of Coast and Sonoma Coast AVAs that the California. the proposed Petaluma Gap AVA also proposed Petaluma Gap AVA should TTB has also determined that the land allow the marine air to enter the not be part of one or either established within the Petaluma Gap AVA will proposed AVA at higher speeds than AVA. remain part of the larger North Coast found in the surrounding areas, where Additionally, TTB asked for AVA. The Petaluma Gap AVA shares higher, steeper mountains disrupt the comments on the proposed modification the basic viticultural feature of the flow of air. Although marine breezes are of the North Coast AVA and whether the North Coast AVA, which consists of the present within the proposed Petaluma evidence presented in the proposed marine influence that moderates Gap AVA during most of the day, the Petaluma Gap AVA petition was growing season temperatures in the wind speeds increase significantly in sufficient to warrant expansion of the area. Therefore, TTB is recognizing the the afternoon hours because the inland North Coast AVA to include the entire Petaluma Gap AVA as a distinct AVA temperatures increase, causing the hot proposed Petaluma Gap AVA. Finally, within the larger North Coast AVA. air to rise and pull the cooler, heavier TTB asked for comments on whether the Furthermore, TTB modifies the marine air in from the coast and create evidence submitted in the petition boundary of the North Coast AVA as steady winds. supported allowing the partial overlap described in Notice No. 163. TTB has The effect of these prolonged high between the proposed Petaluma Gap determined that the expansion area has wind speeds on grapes is a reduction in AVA and the established Sonoma Coast the similar marine-influenced climate of photosynthesis to the extent that the AVA. The comment period on Notice the North Coast AVA. Therefore, TTB is grapes have to remain on the vine longer No. 163 closed on December 27, 2016. expanding the North Coast to include all in order to reach a given sugar level (a In response to Notice No. 163, TTB of the Petaluma Gap AVA. This change longer ‘‘hang time’’), compared to the received a total of 11 comments, all of is effective 30 days from the date of same grape varietal grown in a less which supported the establishment of publication of this document. TTB is windy location. Grapes grown in windy the Petaluma Gap AVA and the also allowing the partial overlap of the locations are also typically smaller and expansion of the North Coast AVA Petaluma Gap AVA with the Sonoma have thicker skins than the same boundary. Commenters were primarily Coast AVA. The Marin County portion varietal grown elsewhere. According to local residents, vineyard owners, and of the Petaluma Gap AVA will remain the petition, the smaller grape size, members of the wine industry. The outside of the Sonoma Coast AVA, thicker skins, and longer hang time commenters generally supported the while the Sonoma County portion will concentrate the flavor compounds in the proposed AVA due to the rolling terrain be within the Sonoma Coast AVA. TTB fruit, allowing grapes that are harvested and distinct microclimate, featuring allows the partial overlap to remain, at lower sugar levels to still have the distinct temperatures, moderate rainfall, primarily because the name ‘‘Sonoma typical flavor characteristics of the grape the presence of fog, and wind gusts. Coast’’ is associated only with the varietal. Other comments emphasized the coastal region of Sonoma County and distinct flavor of the wines from the does not extend into Marin County. Notice of Proposed Rulemaking and Petaluma Gap region and stated that Comments Received Boundary Description establishing the Petaluma Gap AVA will TTB published Notice No. 163 in the help consumers to buy and identify See the narrative boundary Federal Register on October 28, 2016, wine accurately. Several comments description of the Petaluma Gap AVA (81 FR 74979), proposing to establish received during the comment period and the modified boundary of the North the Petaluma Gap AVA and modify the stated that the proposed AVA has Coast AVA in the regulatory text boundary of the North Coast AVA. In characteristics that are distinct from the published at the end of this final rule. the document, TTB summarized the larger Sonoma Coast AVA and warrant evidence from the petition regarding the its recognition as a sub-AVA. However, Maps name, boundary, and distinguishing none of the commenters specifically The petitioner provided the required features for the proposed viticultural stated that the proposed Petaluma Gap maps, and they are listed below in the area. For a description of the evidence AVA should be completely removed regulatory text. relating to the name, boundary, and from the Sonoma Coast AVA. TTB distinguishing features of the proposed Impact on Current Wine Labels received no comments in opposition of viticultural area, and for a comparison the Petaluma Gap AVA, as proposed, Part 4 of the TTB regulations prohibits of the distinguishing features of the and no comments opposing the any label reference on a wine that proposed viticultural area to the proposed North Coast AVA boundary indicates or implies an origin other than surrounding areas, see Notice No. 163. modification or the proposed partial the wine’s true place of origin. With the In Notice No. 163, TTB solicited overlap with the Sonoma Coast AVA. establishment of this AVA, its name, comments on the accuracy of the name, ‘‘Petaluma Gap,’’ will be recognized as boundary, climatic, and other required TTB Determination a name of viticultural significance under information submitted in support of the After careful review of the petition 27 CFR 4.39(i)(3). The text of the petition. In addition, given the proposed and of the comments received in regulation clarifies this point. Once this AVA’s location within the existing response to Notice No. 163, TTB finds final rule becomes effective, wine North Coast AVA and in the southern that the evidence provided by the bottlers using the name ‘‘Petaluma Gap’’ portion of the Sonoma Coast AVA, TTB petitioner supports the establishment of in a brand name, including a trademark, Pmangrum on DSK3GDR082PROD with RULES solicited comments on whether the the approximately 202,476-acre or in another label reference as to the evidence submitted in the petition Petaluma Gap AVA and the origin of the wine, will have to ensure regarding the distinguishing features of modification of the boundary of the that the product is eligible to use the the proposed AVA sufficiently North Coast AVA. Accordingly, under viticultural name as an appellation of differentiates it from the two established the authority of the FAA Act, section origin. The establishment of the AVAs. TTB also asked for comments on 1111(d) of the Homeland Security Act of Petaluma Gap AVA will allow vintners whether the geographical features of the 2002, and part 4 of the TTB regulations, to use ‘‘Petaluma Gap’’ as an appellation VerDate Sep<11>2014 13:34 Dec 06, 2017 Jkt 244001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1

57662 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations of origin for wines made from grapes September 30, 1993. Therefore, no Reyes NE map, to the marked 804-foot grown within the Petaluma Gap AVA if regulatory assessment is required. peak; the wines meet the eligibility (5) Then southeast in a straight line Drafting Information requirements for the appellation. 1.8 miles to the marked 935-foot peak; The establishment of the Petaluma Kaori Flores of the Regulations and (6) Then southeast in a straight line Gap AVA will not affect any existing Rulings Division drafted this final rule. 12.7 miles, crossing back onto the Santa viticultural area, and any bottlers using List of Subjects in 27 CFR Part 9 Rosa map, to the marked 1,466-foot peak ‘‘North Coast AVA’’ as an appellation of on Barnabe Mountain; origin or in a brand name for wines Wine. * * * * * made from grapes grown within the The Regulatory Amendment ■ 3. Add § 9.261 to read as follows: North Coast AVA will not be affected by For the reasons discussed in the § 9.261 Petaluma Gap. the establishment of this new AVA. The preamble, TTB amends title 27, chapter establishment of the AVA will allow (a) Name. The name of the viticultural I, part 9, Code of Federal Regulations, as vintners to use ‘‘Petaluma Gap and area described in this section is follows: ‘‘North Coast’’ as appellations of origin ‘‘Petaluma Gap’’. For purposes of part 4 for wines made from grapes grown PART 9—AMERICAN VITICULTURAL of this chapter, ‘‘Petaluma Gap’’ is a within the Petaluma Gap AVA if the AREAS term of viticultural significance. wines meet the eligibility requirements (b) Approved maps. The 12 United for the appellation. Additionally, ■ 1. The authority citation for part 9 States Geological Survey (USGS) vintners would be able to use ‘‘Sonoma continues to read as follows: 1:24,000 scale topographic maps used to Coast’’ as an appellation of origin on determine the boundary of the Petaluma Authority: 27 U.S.C. 205. wines made primarily from grapes Gap viticultural area are titled: grown within the Sonoma County Subpart C—Approved American (1) Cotati, Calif., 1954; photorevised portion of the Petaluma Gap AVA, if the Viticultural Areas 1980; wines meet the eligibility requirements (2) Glen Elle, Calif., 1954; for the appellation. ■ 2. Section 9.30 is amended as follows: photorevised 1980; For a wine to be labeled with an AVA ■ a. The introductory text of paragraph (3) Petaluma River, Calif., 1954; name or with a brand name that (b) is revised; photorevised 1980; includes an AVA name, at least 85 ■ b. The word ‘‘and’’ is removed from (4) Sears Point, Calif., 1951; percent of the wine must be derived the end of paragraph (b)(2); photorevised 1968; ■ c. The period is removed from the end (5) Petaluma Point, Calif., 1959; from grapes grown within the area of paragraph (b)(3) and a semicolon is photorevised 1980; represented by that name, and the wine added in its place; (6) Novato, Calif., 1954; photorevised must meet the other conditions listed in ■ d. Paragraphs (b)(4) and (5) are added; 1980; 27 CFR 4.25(e)(3). If the wine is not (7) Petaluma, Calif., 1953; ■ e. Paragraphs (c)(1) and (2) are eligible for labeling with an AVA name photorevised 1981; revised; and that name appears in the brand (8) Point Reyes NE., CA, 1995; ■ f. Paragraphs (c)(3) through (24) are name, then the label is not in (9) Tomales, CA, 1995; redesignated as paragraphs (c)(7) compliance and the bottler must change (10) Bodega Head, Calif., 1972; through (28); and the brand name and obtain approval of ■ g. Paragraphs (c)(3) through (6) are (11) Valley Ford, Calif., 1954; a new label. Similarly, if the AVA name added. photorevised 1971; and appears in another reference on the The revisions and additions read as (12) Two Rock, Calif., 1954; label in a misleading manner, the bottler follows: photorevised 1971. would have to obtain approval of a new (c) Boundary. The Petaluma Gap label. § 9.30 North Coast. viticultural area is located in Sonoma Different rules apply if a wine has a * * * * * and Marin Counties in California. The brand name containing an AVA name (b) Approved maps. The appropriate boundary of the Petaluma Gap that was used as a brand name on a maps for determining the boundaries of viticultural area is as described in label approved before July 7, 1986. See the North Coast viticultural area are five paragraphs (c)(1) through (48) of this 27 CFR 4.39(i)(2) for details. U.S.G.S. maps. They are entitled: section: * * * * * (1) The beginning point is on the Regulatory Flexibility Act (4) ‘‘Tomales, CA,’’ scale 1:24,000, Cotati map at the intersection of Grange TTB certifies that this regulation will edition of 1995; and Road, Crane Canyon Road, and the not have a significant economic impact (5) ‘‘Point Reyes NE., CA,’’ scale northern boundary of section 16, T6N/ on a substantial number of small 1:24,000, edition of 1995. R7W. From the beginning point, entities. The regulation imposes no new (c) * * * proceed southeast in a straight line for reporting, recordkeeping, or other (1) Then follow the Pacific coastline 1 mile, crossing over Pressley Road, to administrative requirement. Any benefit in a generally southeasterly direction for the intersection of the 900-foot elevation derived from the use of a viticultural 9.4 miles, crossing onto the Tomales contour and the eastern boundary of area name would be the result of a map, to Preston Point on Tomales Bay; section 16, T6N/R7W; the proprietor’s efforts and consumer (2) Then northeast along the shoreline (2) Proceed east-southeasterly in a acceptance of wines from that area. of Tomales Bay approximately 1 mile to straight line for 0.5 mile, crossing onto Pmangrum on DSK3GDR082PROD with RULES Therefore, no regulatory flexibility the mouth of Walker Creek opposite the Glen Ellen map, to the terminus of analysis is required. benchmark (BM) 10 on State Highway 1; an unnamed, unimproved road known (3) Then southeast in a straight line locally as Summit View Ranch Road, Executive Order 12866 for 1.3 miles to the marked 714-foot just north of the southern boundary of It has been determined that this rule peak; section 15, T6N/R7N; then is not a significant regulatory action as (4) Then southeast in a straight line (3) Proceed southeast in a straight line defined by Executive Order 12866 of for 3.1 miles, crossing onto the Point for 0.6 mile to the intersection of Crane VerDate Sep<11>2014 13:34 Dec 06, 2017 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1

Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations 57663 Creek and the 1,200-foot elevation the Tomales map, to the marked 741- (33) Proceed northeast in a straight contour, section 22, T6N/R7W; then foot peak; then line for 1.2 miles, crossing through the (4) Proceed southeast in a straight line (21) Proceed northwesterly in a intersection of an intermittent stream for 2.9 miles to the marked 2,271-foot straight line for 1.3 miles to benchmark with Canfield Road, to the common peak on Sonoma Mountain, T6N/R6W; (BM) 10 on State Highway 1, at the Range 8⁄9 boundary; then then mouth of Walker Creek in Tomales Bay; (34) Proceed southeast in a straight (5) Proceed southeast in a straight line then line for 0.5 mile to the marked 542-foot for 10.5 miles, crossing over the (22) Proceed southwesterly, then peak; then northeastern corner of the Petaluma northwesterly along the shoreline of River map and onto the Sears Point (35) Proceed southeast in a straight Tomales Bay to Sand Point, on Bodega line for 0.8 mile to the intersection of an map, to the marked 682-foot summit of Bay, and continuing northerly along the Wildcat Mountain; then unnamed, unimproved road (leading to shoreline of Bodega Bay, crossing over four barn-like structures) known locally (6) Proceed south-southeasterly in a the Valley Ford map and onto the straight line for 3.3 miles to the as Carniglia Lane and an unnamed Bodega Head map, circling the shoreline medium duty road known locally as intersection of State Highway 121 (also of Bodega Harbor to the Pacific Ocean known locally as Arnold Drive) and Roblar Road, T6N/R8W; then and continuing northerly along the State Highway 37 (also known locally as shoreline of the Pacific Ocean to the (36) Proceed south in a straight line Sears Point Road); then mouth of Salmon Creek, for a total of for 0.5 mile to the marked 678-foot peak, (7) Proceed east-northeasterly along T6N/R8W; then 19.5 miles; then State Highway 37/Sears Point Road for (37) Proceed east-southeast in a (23) Proceed easterly along Salmon approximately 0.1 mile to Tolay Creek; straight line for 0.8 mile to the marked Creek for 9.6 miles, crossing onto the then 599-foot peak, T5N/R8W; then (8) Proceed generally south along the Valley Ford map and passing Nolan meandering Tolay Creek for 3.9 miles, Creek, to the second intermittent stream (38) Proceed east-southeast in a crossing onto the Petaluma Point map, in the Estero Americano land grant, straight line for 0.7 mile to the marked to the mouth of the creek at San Pablo T6N/R10W; then 604-foot peak, T5N/R8W; then Bay; then (24) Proceed east in a straight line for (39) Proceed east-southeast in a (9) Proceed southwesterly along the 1 mile to vertical angle benchmark straight line for 0.9 mile, crossing onto shore of San Pablo Bay for 2.7 miles, (VABM) 724 in the Estero Americano the Cotati map, to the intersection of crossing the mouth of the Petaluma land grant, T6N/R10W; then Meacham Road and an unnamed light River, and continuing southeasterly (25) Proceed south-southeasterly in a duty road leading to a series of barn-like along the bay’s shoreline to Petaluma straight line for 0.8 mile to BM 61 on an structures, T5N/R8W; then Point; then unmarked light duty road known locally (40) Proceed north-northeast along (10) Proceed northwesterly in a as Freestone Valley Ford Road in the Meacham Road for 0.8 mile to Stony straight line for 6.3 miles, crossing over Cañada de Pogolimi land grant, T6N/ Point Road, T5N/R8W; then the northeastern corner of the Novato R10W; then map and onto the Petaluma River map, (26) Proceed southeast in a straight (41) Proceed southeast along Stony to the marked 1,558-foot peak of Burdell line for 0.6 mile to the marked 448-foot Point Road for 1.1 miles to the 200-foot Mountain; then peak in the Cañada de Pogolimi land elevation contour, T5N/R8W; then (11) Proceed northwest in a straight grant, T6N/R10W; then (42) Proceed north-northeast in a line for 1.3 miles to the marked 1,193- (27) Proceed southeast in a straight straight line for 0.5 mile to the foot peak; then line for 0.1 mile to the northern intersection of an intermittent creek (12) Proceed west-southwesterly in a terminus of an unnamed, unimproved with U.S. Highway 101, T5N/R8W; then straight line for 2.2 miles, crossing onto road in the Cañada de Pogolimi land (43) Proceed north along U.S. the Petaluma map, to the marked 1,209- grant, T6N/R10W; then Highway 101 for 1.5 miles to State foot peak; then (28) Proceed northeasterly, then Highway 116 (also known locally as (13) Proceed west-southwest in a southeasterly for 0.9 mile along the Graverstein Highway), T6N/R8W; then straight line for 0.8 mile to the marked unnamed, unimproved road to the 400- (44) Proceed northeast in a straight 1,296-foot peak; then foot elevation contour in the Cañada de (14) Proceed west in a straight line for line for 3.4 miles to the intersection of Pogolimi land grant, T6N/R10W; then Crane Creek and Petaluma Hill Road, 1 mile to the marked 1,257-foot peak on (29) Proceed easterly along the Red Hill in section 31, T4N/R7W; then T6N/R7W; then meandering 400-foot elevation contour (45) Proceed easterly along Crane (15) Proceed southwest in a straight for 6.7 miles, crossing onto the Two Creek for 0.8 mile to the intersection of line for 2.9 miles to the marked 1,532- Rocks map, to Burnside Road in the Crane Creek and the 200-foot elevation foot peak on Hicks Mountain; then (16) Proceed north-northwesterly in a Cañada de Pogolimi land grant, T6N/ line, T6N/R7W; then straight line for 2.7 miles, crossing onto R10W; then (30) Proceed south on Burnside Road (46) Proceed northwesterly along the the Point Reyes NE map, to the marked 200-foot elevation contour for 1 mile to 1,087-foot peak; then for 0.1 mile to an unnamed medium duty road known locally as Bloomfield the intersection of the contour line and (17) Proceed north-northwesterly in a an intermittent stream just south of straight line for 1.5 miles to the marked Road in the Cañada de Pogolimi land grant,T6N/R9W; then Crane Canyon Road, T6N/R7W; then 1,379-foot peak; then (18) Proceed west-northwesterly in a (31) Proceed southeast in a straight (47) Proceed east then northeasterly Pmangrum on DSK3GDR082PROD with RULES straight line for 2.9 miles to the marked line for 0.6 mile to the marked 610-foot along the northern branch of the 935-foot peak; then peak in the Blucher land grant, T6N/ intermittent stream for 0.3 mile to the (19) Proceed northwest in a straight R9W; then intersection of the stream with Crane line for 1.8 miles to the marked 804-foot (32) Proceed east-southeasterly in a Canyon Road, T6N/R7W; then peak; then straight line for 0.8 mile to the marked (48) Proceed northeasterly along (20) Proceed west-northwesterly in a 641-foot peak in the Blucher land grant, Crane Canyon Road for 1.2 miles, straight line for 3.1 miles, crossing onto T6N/R9W; then returning to the beginning point. VerDate Sep<11>2014 13:34 Dec 06, 2017 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1

57664 Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Rules and Regulations Signed: June 14, 2017. 2016–02); Prohibited Transaction DEPARTMENT OF THE INTERIOR John J. Manfreda, Exemption 84–24 for Certain Administrator. Transactions Involving Insurance Office of Surface Mining Reclamation Approved: October 26, 2017. Agents and Brokers, Pension and Enforcement Timothy E. Skud, Consultants, Insurance Companies, and Investment Company Principal 30 CFR Part 950 Deputy Assistant Secretary (Tax, Trade, and Tariff Policy). Underwriters (PTE 84–24).’’ [SATS No: WY–045–FOR; Docket ID: OSM– [FR Doc. 2017–26410 Filed 12–6–17; 8:45 am] Footnote 66 is situated in the 2013–0002; S1D1S SS08011000 SX064A000 regulatory impact analysis section of the 189S180110; S2D2S SS08011000 BILLING CODE 4810–31–P preamble. The textual discussion SX064A000 18XS501520] surrounding footnote 66 focuses on regulatory alternatives considered, but Wyoming Regulatory Program DEPARTMENT OF LABOR rejected by the Department of Labor AGENCY: Office of Surface Mining (Department). Footnote 66 identifies Reclamation and Enforcement, Interior. Employee Benefits Security certain public commenters who support Administration ACTION: Final rule; approval of a contingent or tiered delay, two amendment with certain exceptions. regulatory alternatives the Department 29 CFR Part 2550 declined to adopt. Due to a clerical SUMMARY: We are issuing a final [Application Number D–11712; D–11713; D– error, the footnote also inadvertently decision on an amendment to the 11850] includes the names of public Wyoming regulatory program (the ZRIN 1210–ZA27 commenters who do not support a ‘‘Wyoming program’’) under the Surface contingent or tiered delay. This Mining Control and Reclamation Act of 18-Month Extension of Transition document corrects that error. 1977 (‘‘SMCRA’’ or ‘‘the Act’’). Our Period and Delay of Applicability In addition, there is text missing in decision approves in part and Dates; Best Interest Contract the portion of the preamble that disapproves in part the amendment. Exemption (PTE 2016–01); Class discusses the Congressional Review Act Wyoming proposes both revisions of Exemption for Principal Transactions (CRA). The Department inadvertently and additions to its coal rules and in Certain Assets Between Investment omitted a discussion of the basis for regulations concerning ownership and Advice Fiduciaries and Employee making the delay effective more quickly control, adds a provision concerning Benefit Plans and IRAs (PTE 2016–02); than the 60-day period generally variable topsoil depths during Prohibited Transaction Exemption 84– required by the CRA for major rules. reclamation, and addresses four 24 for Certain Transactions Involving This document corrects that error. deficiencies that were identified by the Insurance Agents and Brokers, II. Correction of Errors Office of Surface Mining Reclamation Pension Consultants, Insurance and Enforcement (OSMRE) during the Companies, and Investment Company In FR Doc. 2017–25760 of November review of a previous program Principal Underwriters (PTE 84–24); 29, 2017 (82 FR 56545), make the amendment (WY–038–FOR; Docket ID Correction following preamble corrections: No. OSM–2009–0012). Wyoming 1. On page 56557, second column, revised its program to be consistent with AGENCY: Employee Benefits Security correct footnote 66 to read ‘‘See, e.g., the corresponding Federal regulations Administration, Labor. Comment Letter #121 (HSBC North and SMCRA, clarify ambiguities, and ACTION: Technical corrections. America Holdings Inc.); Comment Letter improve operational efficiency. #124 (Morgan, Lewis & Bockius LLP).’’ DATES: The effective date is January 8, SUMMARY: This document corrects two 2. On page 56559, second column, errors in the preamble of a document 2018. add the following language to the end of that appeared in the Federal Register on FOR FURTHER INFORMATION CONTACT: Congressional Review Act discussion: November 29, 2017. ‘‘Although the CRA generally requires Jeffrey Fleischman, Chief, Denver Field that major rules become effective no Division, Telephone: 307–261–6550, DATES: Issuance date: The correction is sooner than 60 days after Congress Internet address: jfleischman@ issued December 7, 2017 without receives the required report, the CRA OSMRE.gov. further action or notice. FOR FURTHER INFORMATION CONTACT: allows the issuing agency to make a rule SUPPLEMENTARY INFORMATION: Brian Shiker or Susan Wilker, (202) effective sooner, if the agency makes a I. Background on the Wyoming Program 693–8824, Office of Exemption good cause finding that such public II. Submission of the Proposed Determinations, Employee Benefits procedure is impracticable, Amendment Security Administration. unnecessary, or contrary to the public III. Office of Surface Mining Reclamation interest. For the same reasons and Enforcement’s (OSMRE’s) Findings SUPPLEMENTARY INFORMATION: IV. Summary and Disposition of Comments underlying the good cause finding in the I. Background April Delay Rule, the Department has V. OSMRE’s Decision VI. Procedural Determinations There is a clerical error in footnote 66 made such a good cause finding for this in FR Doc. 2017–25760 (published rule. See 82 FR 16902, 16915 (April 7, I. Background on the Wyoming November 29, 2017 at 82 FR 56545), 2017).’’ Program entitled ‘‘18-Month Extension of Signed at Washington, DC, this 5th day of Section 503(a) of the Act permits a Pmangrum on DSK3GDR082PROD with RULES Transition Period and Delay of December, 2017. State to assume primacy for the Applicability Dates; Best Interest Jeanne Klinefelter Wilson, regulation of surface coal mining and Contract Exemption (PTE 2016–01); Acting Assistant Secretary, Employee Benefits reclamation operations on non-Federal Class Exemption for Principal Security Administration, Department of and non-Indian lands within its borders Transactions in Certain Assets Between Labor. by demonstrating that its State program Investment Advice Fiduciaries and [FR Doc. 2017–26478 Filed 12–5–17; 4:15 pm] includes, among other things, State laws Employee Benefit Plans and IRAs (PTE BILLING CODE 4510–29–P and regulations that govern surface coal VerDate Sep<11>2014 13:34 Dec 06, 2017 Jkt 244001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1


Document Created: 2017-12-07 00:34:56
Document Modified: 2017-12-07 00:34:56
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.
ContactKaori Flores, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; phone (202) 453-1039.
FR Citation82 FR 57659 
RIN Number1513-AC34
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