83 FR 15091 - Proposed Establishment of the Upper Hudson Viticultural Area
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau Federal Register Volume 83, Issue 68 (April 9, 2018)
Alcohol and Tobacco Tax and Trade Bureau
Federal Register Volume 83, Issue 68 (April 9, 2018)
| Page Range | 15091-15095 | |
| FR Document | 2018-07210 |
[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)] [Proposed Rules] [Pages 15091-15095] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07210] [[Page 15091]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [Docket No. TTB-2018-0005; Notice No. 174] RIN 1513-AC38 Proposed Establishment of the Upper Hudson Viticultural Area AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the approximately 1,500-square mile ``Upper Hudson'' viticultural area in all or portions of Albany, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, and Washington Counties in New York. The proposed viticultural area does not lie within, nor does it contain, 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. TTB invites comments on this proposed addition to its regulations. DATES: Comments must be received by June 8, 2018. ADDRESSES: Please send your comments on this proposed rule to one of the following addresses:Internet: http://www.regulations.gov (via the online comment form for this proposed rule as posted within Docket No. TTB- 2018-0005 at ``Regulations.gov,'' the Federal e-rulemaking portal); U.S. Mail: Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; or Hand delivery/courier in lieu of mail: Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Suite 400, Washington, DC 20005. See the Public Participation section of this proposed rule for specific instructions and requirements for submitting comments, and for information on how to request a public hearing or view or request copies of the petition and supporting materials. FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; phone (202) 453-1039, ext. 175. SUPPLEMENTARY INFORMATION: Background on Viticultural Areas TTB Authority Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe regulations for the labeling of wine, distilled spirits, and malt beverages. The FAA Act provides that these regulations should, among other things, prohibit consumer deception and the use of misleading statements on labels and ensure that labels provide the consumer with adequate information as to the identity and quality of the product. The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act pursuant to section 1111(d) of the Homeland Security Act of 2002, codified at 6 U.S.C. 531(d). The Secretary has delegated various authorities through Treasury Department Order 120-01, dated December 10, 2013, (superseding Treasury Order 120-01, dated January 24, 2003), to the TTB Administrator to perform the functions and duties in the administration and enforcement of these provisions. Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to establish definitive viticultural areas and regulate the use of their names as appellations of origin on wine labels and in wine advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets forth standards for the preparation and submission of petitions for the establishment or modification of American viticultural areas (AVAs) and lists of 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. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards for petitions for the establishment or modification of AVAs. Petitions to establish an AVA must include the following: Evidence that the area within the proposed AVA boundary is nationally or locally known by the AVA name specified in the petition; An explanation of the basis for defining the boundary of the proposed AVA; A narrative description of the features of the proposed AVA affecting viticulture, such as climate, geology, soils, physical features, and elevation, that make the proposed AVA distinctive and distinguish it from adjacent areas outside the proposed AVA boundary; The appropriate United States Geological Survey (USGS) map(s) showing the location of the proposed AVA, with the boundary of the proposed AVA clearly drawn thereon; and A detailed narrative description of the proposed AVA boundary based on USGS map markings. Upper Hudson Petition TTB received a petition from Andrew and Kathleen Weber, owners of Northern Cross Vineyard, on behalf of local grape growers and vintners, proposing to establish the approximately 1,500-square mile ``Upper Hudson'' AVA. Nineteen commercial vineyards, covering approximately 67.5 acres, are distributed across the proposed AVA. According to the petition, several vineyard owners are planning to expand their vineyards by a total of 14 additional acres in the near future, and 4 new vineyards are also planned. All 19 of the vineyards within the proposed AVA also have attached wineries. The distinguishing feature of the proposed Upper Hudson AVA is its climate. Unless otherwise noted, all information and data pertaining to the proposed AVA contained in this proposed rule comes from the petition for the proposed Upper Hudson AVA and its supporting exhibits. Name Evidence The proposed Upper Hudson AVA is located along the Hudson River. According to the petition, the term ``Upper Hudson'' is used to describe the non-tidal portion of the river above the Federal Dam in Troy, New York. For example, the U.S. Geological Survey has a web page with information about the [[Page 15092]] Hudson River watershed in the region of the proposed AVA titled ``USGS Water Resources Links for the Upper Hudson.'' \1\ The petition also included a ``USA Today'' article about kayaking trips within the region that includes the proposed AVA and is titled ``Kayaking in the Upper Hudson.'' \2\ --------------------------------------------------------------------------- \1\ http://water.usgs.gov/lookup/getwatershed?02020001. \2\ http://traveltips.usatoday.com/kayaking-upper-hudson-61158.html. --------------------------------------------------------------------------- The petition included a listing of organizations and businesses within the proposed AVA that use the name ``Upper Hudson.'' The Phi Beta Kappa fraternal organization \3\, and the Editorial Freelancers Association \4\ both have chapters within the proposed boundaries of the AVA referred to as ``Upper Hudson.'' The Upper Hudson Green Party and the Upper Hudson Peace Action are two other organizations located within the proposed AVA. The Upper Hudson Research Center provides laboratory and field station facilities within the proposed AVA for researchers of Rensselaer Polytechnic Institute who study freshwater habitats. Medical facilities within the proposed AVA include Upper Hudson Dermatology and Upper Hudson Primary Care. Finally, Upper Hudson Farm Direct provides deliveries of fresh produce from farms within the region of the proposed AVA. --------------------------------------------------------------------------- \3\ http://uhpbk.org. \4\ www.the-efa.org/chp/?chp=upperhudson. --------------------------------------------------------------------------- Boundary Evidence The proposed Upper Hudson AVA includes all or portions of Albany, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, and Washington Counties in New York. The proposed boundaries follow a series of roads and rivers. To the east of the proposed AVA are the foothills of the Taconic Mountains, which have higher elevations and cooler growing season temperatures than the proposed AVA. To the south of the proposed AVA is the region known as the Lower Hudson River Valley, which includes the established Hudson River Region AVA (27 CFR 9.47). This region has warmer annual temperatures than the proposed AVA, due to the tidal nature of the lower portion of the Hudson River. To the west of the proposed AVA are the Adirondack and Allegheny Mountains, which have higher elevations and cooler annual temperatures than the proposed AVA. To the north of the proposed AVA are the valleys of Lake George and Lake Champlain, where growing season temperatures are generally warmer due to the moderating effects of the lakes. Distinguishing Features The distinguishing feature of the proposed Upper Hudson AVA is its climate. The petition included information on the USDA plant hardiness zones and the growing degree day accumulations (GDDs) \5\ for the proposed AVA and the surrounding areas. --------------------------------------------------------------------------- \5\ In the Winkler climate classification system, annual heat accumulation during the growing season, measured in annual growing degree days (GDDs), defines climatic regions. One GDD accumulates for each degree Fahrenheit that a day's mean temperature is above 50 degrees, the minimum temperature required for grapevine growth. See Albert J. Winkler, General Viticulture (Berkeley: University of California Press, 2d ed. 1974), pages 61-64. --------------------------------------------------------------------------- Plant Hardiness Zones The USDA plant hardiness zone map included in the petition divides the United States into zones based on the average annual minimum winter temperature. The map is divided into 13 zones, from the coolest zone 1 to the warmest zone 13. Each zone has a 10-degree Fahrenheit (F) range and is further divided into two 5-degree F sub-zones, which are designated ``a'' and ``b''. According to the map, the proposed Upper Hudson AVA falls into zones 5a and 5b. Average minimum temperatures in these zones range from -20 to -15 degrees F. The petition states that these average minimum winter temperatures are cold enough to damage or even kill many varietals of grapes. Therefore, vineyard owners within the proposed AVA plant cold-hardy varietals such as Marquette, Frontenac, La Crescent, and La Crosse, which have been developed to withstand temperatures as low as -30 degrees. The plant hardiness zone map shows that the regions to the immediate east and west of the proposed Upper Hudson AVA are also classified as zones 5a and 5b. However, the Adirondack and Allegheny mountains farther to the west and northwest of the proposed AVA are classified as zones 3b, 4a, and 4b, meaning that average minimum temperatures in the region are between -35 and -25 degrees F. The region south of the proposed AVA, which includes the established Hudson River Region AVA, is classified as zones 6a and 6b, with average minimum temperatures between -10 and 0 degrees F. According to the petition, grape varietals commonly grown within the established Hudson River Region AVA include Seyval Blanc, Baco Noir, Cabernet Franc, Pinot Noir, Vignoles, and Traminette. The petition states that according to research conducted at several universities, most of these varietals are cold hardy to -15 degrees F, while Pinot Noir is cold hardy only to -8 degrees F. Because winter temperatures within the proposed Upper Hudson AVA regularly drop as low as -20 degrees, these varietals would not be suitable for growing within the proposed AVA. Growing Degree Days The petition included a graph showing the average GDD accumulations for 19 locations within the proposed AVA and the surrounding areas. Six of these locations are within the proposed AVA, and the remainder are from the surrounding areas. The graph may be viewed in its entirety on Regulations.gov as part of the public docket, Docket No. TTB-2018-0005. The following table lists only the locations in the graph for which at least 3 years of data was available, as well as the location's direction relevant to the proposed AVA. Locations With GDD Data Available From 2012-2014 ------------------------------------------------------------------------ Location Direction from Proposed AVA ------------------------------------------------------------------------ Ticonderoga, NY........................... North. Rutland, VT............................... Northeast. East Dorset, VT........................... East. North Adams, MA........................... Southeast. Pittsfield, MA............................ Southeast. Castleton, NY............................. South. Hudson, NY................................ South. Cobleskill, NY............................ Southwest. North Blenheim, NY........................ Southwest. Gloversville, NY.......................... West. Bennington, VT............................ West. Clifton Park, NY.......................... Within. Melrose, NY............................... Within. Schoharie, NY............................. Within. Guilderland, NY........................... Within. Glens Falls, NY........................... Within. ------------------------------------------------------------------------ The graph included in the petition shows that the locations within the proposed AVA achieved GDD accumulations ranging between 2,300 and 2,700. Guilderland, Melrose, Clifton Park, and Schoharie all had GDD accumulations of over 2,500, which is generally considered to be the minimum GDD accumulations needed to ripen most varietals of grapes \6\. Glens Falls, which is located at the northernmost boundary of the proposed AVA, is shown as having slightly fewer than 2,500 GDDs. According to the petition, the locations within the proposed AVA reach 2,500 GDDs late in September, meaning that the fruit typically has only [[Page 15093]] a few weeks to continue maturing before the first frost sets in. The petition states that, as a result, wineries often must work with tart fruit and remove the tartness as part of the winemaking process through the use of Malolactic fermentation, pH adjustment, or residual sugars. --------------------------------------------------------------------------- \6\ See Albert J. Winkler, General Viticulture (Berkeley: University of California Press, 2d ed. 1974), pages 61-64, 143. --------------------------------------------------------------------------- By contrast, the graph shows that the locations to the north and south of the proposed AVA have GDD accumulations over 2,700. Ticonderoga is located on the shore of Lake Champlain, and Hudson and Castleton are both located along the tidal portion of the Hudson River. Hudson, the southernmost location shown on the graph, has the highest GDD accumulation of any location depicted in the graph, with just over 2,900. According to the petition, the warming effects of both Lake Champlain and the tidal portion of the Hudson River contribute to the higher GDD accumulations in the regions north and south of the proposed AVA. The graph also shows that these locations all reach 2,500 GDDs earlier in September than the locations within the proposed AVA. The petition states that grapes in these warmer regions have more time to mature before the first frost, so the grapes ``have the tartness removed in the vineyard.'' The remaining locations, to the east, southeast, southwest, and west of the proposed Upper Hudson AVA, all have lower GDD accumulations than the proposed AVA. Of these locations, North Adams and Bennington have the highest GDD accumulations, with just over 2,300. Gloversville had the lowest, with just over 1,700. The petition shows that viticulture in these regions would be difficult because the GDD accumulations would not reach the levels necessary to reliably ripen most varietals of grapes. Summary of Distinguishing Features In summary, the evidence provided in the petition indicates that the climate of the proposed Upper Hudson AVA distinguishes it from the surrounding regions in each direction. The proposed AVA has lower GDD accumulations than the regions to the north and south, which benefit from the warming influence of Lake Champlain and the tidal portion of the Hudson River. The region to the south is also classified in a warmer plant hardiness zone. The proposed AVA has higher GDD accumulations than the regions to the east and west and is also classified in a warmer plant hardiness zone than the region to the west. As a result of its climate, the proposed Upper Hudson AVA is suitable for growing cold-hardy grape hybrids, but not the grape varietals that are commonly grown farther south within the established Hudson River Region AVA. TTB Determination TTB concludes that the petition to establish the approximately 1,500-square mile Upper Hudson AVA merits consideration and public comment, as invited in this proposed rule. Boundary Description See the narrative description of the boundary of the petitioned-for AVA in the proposed regulatory text published at the end of this proposed rule. Maps The petitioner provided the required maps, and they are listed below in the proposed regulatory text. Impact on Current Wine Labels Part 4 of the TTB regulations prohibits any label reference on a wine that indicates or implies an origin other than the wine's true place of origin. For a wine to be labeled with 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. If TTB establishes this proposed AVA, its name, ``Upper Hudson,'' will be recognized as a name of viticultural significance under Sec. 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The text of the proposed regulation clarifies this point. Consequently, if this proposed rule is adopted as a final rule, wine bottlers using the name ``Upper Hudson'' in a brand name, including a trademark, or in another label reference as to the origin of the wine, would have to ensure that the product is eligible to use the AVA name as an appellation of origin. Public Participation Comments Invited TTB invites comments from interested members of the public on whether it should establish the proposed AVA. TTB is also interested in receiving comments on the sufficiency and accuracy of the name, boundary, soils, climate, and other required information submitted in support of the petition. Please provide any available specific information in support of your comments. Because of the potential impact of the establishment of the proposed Upper Hudson AVA on wine labels that include the term ``Upper Hudson,'' as discussed above under Impact on Current Wine Labels, TTB is particularly interested in comments regarding whether there will be a conflict between the proposed area name and currently used brand names. If a commenter believes that a conflict will arise, the comment should describe the nature of that conflict, including any anticipated negative economic impact that approval of the proposed AVA will have on an existing viticultural enterprise. TTB is also interested in receiving suggestions for ways to avoid conflicts, for example, by adopting a modified or different name for the AVA. Submitting Comments You may submit comments on this proposed rule by using one of the following three methods (please note that TTB has a new address for comments submitted by U.S. Mail): Federal e-Rulemaking Portal: You may send comments via the online comment form posted with this proposed rule within Docket No. TTB-2018-0005 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under Notice No. 174 on the TTB website at https://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be attached to comments submitted via Regulations.gov. For complete instructions on how to use Regulations.gov, visit the site and click on the ``Help'' tab. U.S. Mail: You may send comments via postal mail to the Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005. Hand Delivery/Courier: You may hand-carry your comments or have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Suite 400, Washington, DC 20005. [[Page 15094]] Please submit your comments by the closing date shown above in this proposed rule. Your comments must reference Notice No. 174 and include your name and mailing address. Your comments also must be made in English, be legible, and be written in language acceptable for public disclosure. TTB does not acknowledge receipt of comments, and TTB considers all comments as originals. In your comment, please clearly indicate if you are commenting on your own behalf or on behalf of an association, business, or other entity. If you are commenting on behalf of an entity, your comment must include the entity's name, as well as your name and position title. If you comment via Regulations.gov, please enter the entity's name in the ``Organization'' blank of the online comment form. If you comment via postal mail or hand delivery/courier, please submit your entity's comment on letterhead. You may also write to the Administrator before the comment closing date to ask for a public hearing. The Administrator reserves the right to determine whether to hold a public hearing. Confidentiality All submitted comments and attachments are part of the public record and subject to disclosure. Do not enclose any material in your comments that you consider to be confidential or inappropriate for public disclosure. Public Disclosure TTB will post, and you may view, copies of this proposed rule, selected supporting materials, and any online or mailed comments received about this proposal within Docket No. TTB-2018-0005 on the Federal e-rulemaking portal, Regulations.gov, at http://www.regulations.gov. A direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 174. You may also reach the relevant docket through the Regulations.gov search page at http://www.regulations.gov. For information on how to use Regulations.gov, click on the site's ``Help'' tab. All posted comments will display the commenter's name, organization (if any), city, and State, and, in the case of mailed comments, all address information, including email addresses. TTB may omit voluminous attachments or material that the Bureau considers unsuitable for posting. You may also view copies of this proposed rule, all related petitions, maps and other supporting materials, and any electronic or mailed comments that TTB receives about this proposal by appointment at the TTB Information Resource Center, 1310 G Street NW, Washington, DC 20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page. Please note that TTB is unable to provide copies of USGS maps or any similarly-sized documents that may be included as part of the AVA petition. Contact TTB's information specialist at the above address or by telephone at (202) 453-2265 to schedule an appointment or to request copies of comments or other materials. Regulatory Flexibility Act TTB certifies that this proposed regulation, if adopted, would not have a significant economic impact on a substantial number of small entities. The proposed regulation imposes no new reporting, recordkeeping, or other administrative requirement. Any benefit derived from the use of an AVA name would be the result of a proprietor's efforts and consumer acceptance of wines from that area. Therefore, no regulatory flexibility analysis is required. Executive Order 12866 It has been determined that this proposed rule is not a significant regulatory action as defined by Executive Order 12866 of September 30, 1993. Therefore, no regulatory assessment is required. Drafting Information Karen A. Thornton of the Regulations and Rulings Division drafted this proposed rule. List of Subjects in 27 CFR Part 9 Wine. Proposed Regulatory Amendment For the reasons discussed in the preamble, TTB proposes to amend title 27, chapter I, part 9, Code of Federal Regulations, as follows: PART 9--AMERICAN VITICULTURAL AREAS 0 1. The authority citation for part 9 continues to read as follows: Authority: 27 U.S.C. 205. Subpart C--Approved American Viticultural Areas 0 2. Subpart C is amended by adding Sec. 9.__ to read as follows: Sec. 9.__ Upper Hudson. (a) Name. The name of the viticultural area described in this section is ``Upper Hudson''. For purposes of part 4 of this chapter, ``Upper Hudson'' is a term of viticultural significance. (b) Approved maps. The four United States Geological Survey (USGS) 1:100,000 scale topographic maps used to determine the boundary of the Upper Hudson viticultural area are titled: (1) Glens Falls, New York--Vermont, 1989; (2) Albany, New York--Massachusetts--Vermont, 1989; (3) Amsterdam, New York, 1985; photoinspected 1990; and (4) Gloversville, New York, 1985; photoinspected 1992; (c) Boundary. The Upper Hudson viticultural area is located in Albany, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, and Washington Counties in New York. The boundary of the Upper Hudson viticultural area is as described below: (1) The point of the beginning is on the Glens Falls map at the intersection of U.S. Highway 9 and State Highway 32, in Glens Falls. From the beginning point, proceed east on State Highway 32 to its intersection with State Highway 254; then (2) Proceed southeasterly along State Highway 254 to its intersection with U.S. Highway 4 in Hudson Falls; then (3) Proceed south along U.S. Highway 4 to its intersection with State Highway 197 in Fort Edward; then (4) Proceed east, then southeast along State Highway 197 to its intersection with State Highway 40 in Argyle; then (5) Proceed southeast in a straight line to the intersection of State Highway 29 and State Highway 22 in Greenwich Junction; then (6) Proceed south along State Highway 22, crossing onto the Albany map, to the highway's intersection with State Highway 7 in Hoosick; then (7) Proceed southwest along State Highway 7, crossing the Hudson River, to the highway's intersection with State Highway 32 in Green Island; then (8) Proceed south on State Highway 32 to its intersection with U.S. Highway 20 in Albany; then (9) Proceed west on U.S. Highway 20 its intersection with U.S. Highway 9; then (10) Proceed southwest along U.S. Highway 9 to its intersection with State Highway 443; then (11) Proceed southwest, then westerly along State Highway 443, crossing onto the Amsterdam map, to the highway's intersection with an unnamed state highway known locally as State Highway 30 in Vroman Corners; then (12) Proceed northwesterly along State Highway 30 to its intersection with State Highway 30A in Sidney Corners; then [[Page 15095]] (13) Proceed north along State Highway 30A, crossing over the Mohawk River, to the highway's intersection with State Highway 5 in Fonda; then (14) Proceed east along State Highway 5 to its intersection with State Highway 67 in Amsterdam; then (15) Proceed east along State Highway 67 to its intersection with an unnamed light-duty road known locally as Morrow Road; then (16) Proceed northeast in a straight line, crossing over the southeastern corner of the Gloversville map and onto the Glens Falls map, to the point where Daly Creek empties into Great Sacandaga Lake; then (17) Proceed northeast, then east along the southern shore of Great Sacandaga Lake to its confluence with the Hudson River in the town of Lake Luzerne; then (18) Proceed south, then easterly along the southern bank of the Hudson River to its intersection with U.S. Highway 9 in South Glens Falls; then (19) Proceed northwest along U.S. Highway 9, crossing the Hudson River, and returning to the beginning point. Signed: November 30, 2017. John J. Manfreda Administrator. Approved: March 30, 2018. Timothy E. Skud Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy). [FR Doc. 2018-07210 Filed 4-6-18; 8:45 am] BILLING CODE 4810-31-P
![Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15091
DEPARTMENT OF THE TREASURY Background on Viticultural Areas the procedure for proposing an AVA
and provides that any interested party
Alcohol and Tobacco Tax and Trade TTB Authority
may petition TTB to establish a grape-
Bureau Section 105(e) of the Federal Alcohol growing region as an AVA. Section 9.12
Administration Act (FAA Act), 27 of the TTB regulations (27 CFR 9.12)
27 CFR Part 9 U.S.C. 205(e), authorizes the Secretary prescribes standards for petitions for the
of the Treasury to prescribe regulations establishment or modification of AVAs.
[Docket No. TTB–2018–0005; Notice No. for the labeling of wine, distilled spirits,
174]
Petitions to establish an AVA must
and malt beverages. The FAA Act include the following:
RIN 1513–AC38 provides that these regulations should, • Evidence that the area within the
among other things, prohibit consumer proposed AVA boundary is nationally
Proposed Establishment of the Upper deception and the use of misleading or locally known by the AVA name
Hudson Viticultural Area statements on labels and ensure that specified in the petition;
labels provide the consumer with • An explanation of the basis for
AGENCY: Alcohol and Tobacco Tax and adequate information as to the identity defining the boundary of the proposed
Trade Bureau, Treasury. and quality of the product. The Alcohol AVA;
ACTION: Notice of proposed rulemaking. and Tobacco Tax and Trade Bureau • A narrative description of the
(TTB) administers the FAA Act features of the proposed AVA affecting
SUMMARY: The Alcohol and Tobacco Tax pursuant to section 1111(d) of the viticulture, such as climate, geology,
and Trade Bureau (TTB) proposes to Homeland Security Act of 2002, soils, physical features, and elevation,
establish the approximately 1,500- codified at 6 U.S.C. 531(d). The that make the proposed AVA distinctive
square mile ‘‘Upper Hudson’’ Secretary has delegated various and distinguish it from adjacent areas
viticultural area in all or portions of authorities through Treasury outside the proposed AVA boundary;
Albany, Montgomery, Rensselaer, Department Order 120–01, dated • The appropriate United States
Saratoga, Schenectady, Schoharie, and December 10, 2013, (superseding Geological Survey (USGS) map(s)
Washington Counties in New York. The Treasury Order 120–01, dated January showing the location of the proposed
proposed viticultural area does not lie 24, 2003), to the TTB Administrator to AVA, with the boundary of the
within, nor does it contain, any other perform the functions and duties in the proposed AVA clearly drawn thereon;
established viticultural area. TTB administration and enforcement of these and
designates viticultural areas to allow provisions. • A detailed narrative description of
vintners to better describe the origin of Part 4 of the TTB regulations (27 CFR the proposed AVA boundary based on
their wines and to allow consumers to part 4) authorizes TTB to establish USGS map markings.
better identify wines they may definitive viticultural areas and regulate
purchase. TTB invites comments on this Upper Hudson Petition
the use of their names as appellations of
proposed addition to its regulations. origin on wine labels and in wine TTB received a petition from Andrew
DATES: Comments must be received by advertisements. Part 9 of the TTB and Kathleen Weber, owners of
June 8, 2018. regulations (27 CFR part 9) sets forth Northern Cross Vineyard, on behalf of
ADDRESSES: Please send your comments standards for the preparation and local grape growers and vintners,
on this proposed rule to one of the submission of petitions for the proposing to establish the
following addresses: establishment or modification of approximately 1,500-square mile
• Internet: http://www.regulations.gov American viticultural areas (AVAs) and ‘‘Upper Hudson’’ AVA. Nineteen
(via the online comment form for this lists of the approved AVAs. commercial vineyards, covering
proposed rule as posted within Docket approximately 67.5 acres, are
Definition distributed across the proposed AVA.
No. TTB–2018–0005 at
‘‘Regulations.gov,’’ the Federal e- Section 4.25(e)(1)(i) of the TTB According to the petition, several
rulemaking portal); regulations (27 CFR 4.25(e)(1)(i)) defines vineyard owners are planning to expand
• U.S. Mail: Director, Regulations and a viticultural area for American wine as their vineyards by a total of 14
Rulings Division, Alcohol and Tobacco a delimited grape-growing region having additional acres in the near future, and
Tax and Trade Bureau, 1310 G Street distinguishing features, as described in 4 new vineyards are also planned. All
NW, Box 12, Washington, DC 20005; or part 9 of the regulations, and a name 19 of the vineyards within the proposed
• Hand delivery/courier in lieu of and a delineated boundary, as AVA also have attached wineries.
mail: Alcohol and Tobacco Tax and established in part 9 of the regulations. The distinguishing feature of the
Trade Bureau, 1310 G Street NW, Suite These designations allow vintners and proposed Upper Hudson AVA is its
400, Washington, DC 20005. consumers to attribute a given quality, climate. Unless otherwise noted, all
See the Public Participation section of reputation, or other characteristic of a information and data pertaining to the
this proposed rule for specific wine made from grapes grown in an area proposed AVA contained in this
instructions and requirements for to the wine’s geographic origin. The proposed rule comes from the petition
submitting comments, and for establishment of AVAs allows vintners for the proposed Upper Hudson AVA
information on how to request a public to describe more accurately the origin of and its supporting exhibits.
hearing or view or request copies of the their wines to consumers and helps
Name Evidence
sradovich on DSK3GMQ082PROD with PROPOSALS
petition and supporting materials. consumers to identify wines they may
purchase. Establishment of an AVA is The proposed Upper Hudson AVA is
FOR FURTHER INFORMATION CONTACT: located along the Hudson River.
neither an approval nor an endorsement
Karen A. Thornton, Regulations and by TTB of the wine produced in that According to the petition, the term
Rulings Division, Alcohol and Tobacco area. ‘‘Upper Hudson’’ is used to describe the
Tax and Trade Bureau, 1310 G Street non-tidal portion of the river above the
NW, Box 12, Washington, DC 20005; Requirements Federal Dam in Troy, New York. For
phone (202) 453–1039, ext. 175. Section 4.25(e)(2) of the TTB example, the U.S. Geological Survey has
SUPPLEMENTARY INFORMATION: regulations (27 CFR 4.25(e)(2)) outlines a web page with information about the
VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1](https://thefederalregister.org/doc/83_FR_15159/page/1.svg)
![Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15095
(13) Proceed north along State ADDRESSES: Submit comments of the law. These regulations are
Highway 30A, crossing over the electronically through the Federal proposed to be removed from the Code
Mohawk River, to the highway’s eRulemaking Portal: http:// of Federal Regulations solely because
intersection with State Highway 5 in www.regulations.gov, or by mail to: The the regulations are outdated and
Fonda; then Treasury Department, Attn: Office of the unnecessary.
(14) Proceed east along State Highway Assistant General Counsel for Banking Explanation of Provisions
5 to its intersection with State Highway and Finance, 1500 Pennsylvania
67 in Amsterdam; then Avenue NW, Washington, DC 20220. The regulations, or portions of
(15) Proceed east along State Highway Because paper mail in the Washington, regulations, proposed to be removed
67 to its intersection with an unnamed DC area may be subject to delay, it is relate to components of Treasury
light-duty road known locally as recommended that comments be programs that are no longer in existence.
Morrow Road; then submitted electronically. Please include They are: TARP Standards for
(16) Proceed northeast in a straight your name, affiliation, address, email Compensation and Corporate
line, crossing over the southeastern address, and telephone number in your Governance, 31 CFR part 30. The
corner of the Gloversville map and onto comment. Comments will be available regulations in 31 CFR part 30 set forth
the Glens Falls map, to the point where for public inspection on standards for the compensation of
Daly Creek empties into Great www.regulations.gov. In general, executives of companies that received
Sacandaga Lake; then comments received, including capital from Treasury as part of the
(17) Proceed northeast, then east attachments and other supporting Troubled Asset Relief Program (TARP)
along the southern shore of Great materials, are part of the public record developed under the Emergency
Sacandaga Lake to its confluence with and are available to the public. Do not Economic Stabilization Act of 2008
the Hudson River in the town of Lake submit any information in your (EESA) (12 U.S.C. 5201 et seq.). Portions
Luzerne; then comment or supporting materials that of this rule relate to ‘‘exceptional
(18) Proceed south, then easterly you consider confidential or financial assistance’’ that was provided
along the southern bank of the Hudson inappropriate for public disclosure. to some of the largest financial
River to its intersection with U.S. institutions in the United States under
FOR FURTHER INFORMATION CONTACT:
Highway 9 in South Glens Falls; then programs specifically created for those
Laurie Adams, Office of the Assistant institutions. Other portions of the rule
(19) Proceed northwest along U.S. General Counsel for Banking and
Highway 9, crossing the Hudson River, established and provided authority to
Finance at (202) 927–8727 or the Office of the Special Master for
and returning to the beginning point. laurie.adams@treasury.gov. TARP Executive Compensation (Special
Signed: November 30, 2017. SUPPLEMENTARY INFORMATION: Master). The Special Master was given
John J. Manfreda authority to approve certain payments
Background
Administrator. to employees of TARP recipients
Approved: March 30, 2018. On February 24, 2017, the President receiving exceptional financial
Timothy E. Skud
issued Executive Order 13777, assistance, review payments to
Enforcing the Regulatory Reform employees made prior to February 17,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
Agenda (82 FR 12285). E.O. 13777 2009, and issue advisory opinions on
directed each agency to establish a compensation to TARP recipients.
[FR Doc. 2018–07210 Filed 4–6–18; 8:45 am]
Regulatory Reform Task Force. Each The TARP program has largely wound
BILLING CODE 4810–31–P
Regulatory Reform Task Force was down and there are no recipients of
directed to review existing regulations exceptional financial assistance left in
for regulations that: (i) Eliminate jobs, or the TARP program. Additionally, the
DEPARTMENT OF THE TREASURY
inhibit job creation; (ii) are outdated, Special Master had the opportunity to
31 CFR Parts 30 and 32 unnecessary, or ineffective; (iii) impose review compensation made prior to
costs that exceed benefits; (iv) create a February 17, 2009. Given the absence of
Eliminating Unnecessary Regulations serious inconsistency or otherwise exceptional financial assistance entities
interfere with regulatory reform and the current status of the TARP
AGENCY: Departmental Offices, Treasury. initiatives and policies; (v) are program, the Office of the Special
ACTION: Notice of proposed rulemaking. inconsistent with the requirements of Master for TARP Executive
the Information Quality Act (section 515 Compensation no longer has any
SUMMARY: Pursuant to the policies stated of the Treasury and General
in Executive Order 13777 (the executive employees. Thus, Treasury proposes
Government Appropriations Act of that Section 30.16 of 31 CFR part 30 be
order), the Treasury Department 2001) or OMB Information Quality
conducted a review of existing removed.
Guidance issued pursuant to that
regulations, with the goal of reducing provision; or (vi) derive from or Payments in Lieu of Low Income
regulatory burden by revoking or implement Executive Orders or other Housing Tax Credits (31 CFR Part 32)
revising existing regulations that meet Presidential directives that have been The regulation in 31 CFR part 32 sets
the criteria set forth in the executive subsequently rescinded or substantially forth Treasury’s policy regarding the
order. This notice of proposed modified. time limitation within which State
rulemaking proposes to streamline our This notice of proposed rulemaking housing credit agencies must disburse
sradovich on DSK3GMQ082PROD with PROPOSALS
regulations by removing one regulation proposes to remove one regulation and funds received under section 1602 of
that is no longer necessary because it portions of a second regulation that the American Recovery and
does not have any current or future have no current or future applicability Reinvestment Tax Act of 2009. This rule
applicability, and by amending one and, therefore, no longer provide useful allowed States to disburse section 1602
regulation to remove portions that no guidance. Removing these regulations funds to subawardees through December
longer have any current or future from the Code of Federal Regulations 31, 2011 under certain conditions.
applicability. will streamline Title 31, Money and Treasury no longer awards section
DATES: Comment due date: June 8, 2018. Finance: Treasury; and increase clarity 1602 funds to State housing credit
VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1](https://thefederalregister.org/doc/83_FR_15159/page/5.svg)
Document Created: 2018-04-07 02:38:59
Document Modified: 2018-04-07 02:38:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments must be received by June 8, 2018. | |
| Contact | Karen A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; phone (202) 453-1039, ext. 175. | |
| FR Citation | 83 FR 15091 | |
| RIN Number | 1513-AC38 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR