83_FR_62941 83 FR 62707 - Establishment of the Upper Hudson Viticultural Area

83 FR 62707 - Establishment of the Upper Hudson Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range62707-62710
FR Document2018-26320

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes 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 Upper Hudson viticultural area is not located within any other established viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.

Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Rules and Regulations]
[Pages 62707-62710]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26320]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2018-0005; T.D. TTB-152; Ref: Notice No. 174]
RIN 1513-AC38


Establishment of the Upper Hudson 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 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 Upper 
Hudson viticultural area is not located within any other established 
viticultural area. TTB designates viticultural areas to allow vintners 
to better describe the origin of their wines and to allow consumers to 
better identify wines they may purchase.

DATES: This final rule is effective January 7, 2019.

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,

[[Page 62708]]

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 laws.
    Part 4 of the TTB regulations (27 CFR part 4) authorizes the 
establishment of definitive viticultural areas and regulate the use of 
their names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved AVAs.

Definition

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

Requirements

    Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2)) 
outlines the procedure for proposing an AVA and provides that any 
interested party may petition TTB to establish a grape-growing region 
as an AVA. 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 ``Upper Hudson'' AVA in all or portions of 
Albany, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, and 
Washington Counties in New York. The proposed Upper Hudson AVA covers 
approximately 1,500-square miles and is not located within any other 
AVA. There are 19 commercial vineyards with attached wineries covering 
approximately 67.5 acres within the proposed AVA. According to the 
petition, several vineyard owners are planning to expand their 
vineyards by a total of an additional 14 acres in the near future, and 
4 new vineyards are also planned.
    According to the petition, the distinguishing feature of the 
proposed AVA is its climate, relying on the USDA plant hardiness zone 
map and the growing degree day accumulations (GDDs) \1\ for the 
proposed AVA and the surrounding areas.
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    \1\ 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.
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Plant Hardiness Zones

    According to the USDA plant hardiness zone map, which ranges from 
the coolest zone 1 to the warmest zone 13, 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 varieties of grapes. Therefore, vineyard owners within the 
proposed AVA plant cold hardy varieties such as Marquette, Frontenac, 
La Crescent, and La Crosse, which have been developed to withstand 
temperatures as low as -30 degrees F. Regions to the immediate east and 
west of the proposed Upper Hudson AVA are also classified as zones 5a 
and 5b. Regions farther to the west and northwest of the proposed AVA 
are classified as zones 3b, 4a, and 4b, with average minimum 
temperatures between -35 and -25 degrees F. The region to the south of 
the proposed AVA is classified as zones 6a and 6b with average minimum 
temperatures between -10 and 0 degrees F, and able to grow a wider 
variety of grapes.

Growing Degree Days

    The petition states that the locations within the proposed AVA 
achieved GDD accumulations ranging between 2,300 and 2,700. A GDD 
accumulation of over 2,500 is generally considered to be the minimum 
GDD accumulations needed to ripen most varieties of grapes.\2\ 
According to the petition, the locations within the proposed AVA reach 
2,500 GDDs late in September, meaning that the fruit typically has only 
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.
---------------------------------------------------------------------------

    \2\ Id. at 61-64, 143.
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    Locations to the north and south of the proposed AVA have GDD 
accumulations over 2,700 due to the warming effects of Lake Champlain 
and the tidal portion of the Hudson River respectively. 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. The petition claims that viticulture in these 
regions would be difficult because the GDD accumulations would not 
reach the levels necessary to reliably ripen most varieties of grapes.
    As a result of its climate, the proposed Upper Hudson AVA is 
suitable for growing cold-hardy grape hybrids, but not the grape 
varieties that are commonly grown farther south within the established 
Hudson River Region AVA.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 174 in the Federal Register on April 9, 
2018 (83 FR 15091), proposing to establish the Upper

[[Page 62709]]

Hudson AVA. In the notice, TTB summarized the evidence from the 
petition regarding the name, boundary, and distinguishing features for 
the proposed AVA. The notice also compared the distinguishing features 
of the proposed AVA to the surrounding areas. For a detailed 
description of the evidence relating to the name, boundary, and 
distinguishing features of the proposed AVA, and for a detailed 
comparison of the distinguishing features of the proposed AVA to the 
surrounding areas, see Notice No. 174. In Notice No. 174, TTB solicited 
comments on the accuracy of the name, boundary, and other required 
information submitted in support of the petition. The comment period 
closed on June 8, 2018.

Comments Received

    In response to Notice No. 174, TTB received seven comments, all of 
which expressed support for the proposed AVA. Some of the commenters 
suggested that the proposed AVA will increase tourism and provide 
economic benefits to the region. Others suggested that the 
establishment of the proposed Upper Hudson AVA will help to showcase 
the uniqueness of this area based on its climate. TTB did not receive 
any comments opposing the proposed AVA.

TTB Determination

    After careful review of the petition and the comments received in 
response to Notice No. 174, TTB finds that the evidence provided by the 
petitioner supports the establishment of the Upper Hudson AVA. 
Accordingly, under the authority of the FAA Act, section 1111(d) of the 
Homeland Security Act of 2002, and parts 4 and 9 of the TTB 
regulations, TTB establishes the ``Upper Hudson'' AVA in in all or 
portions of Albany, Montgomery, Rensselaer, Saratoga, Schenectady, 
Schoharie, and Washington Counties in New York, effective 30 days from 
the publication date of this document.

Boundary Description

    See the narrative description of the boundary of the Upper Hudson 
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. 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.
    With the establishment of this 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 
regulation clarifies this point. Consequently, 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, will have to 
ensure that the product is eligible to use the AVA name as an 
appellation of origin. The establishment of the Upper Hudson AVA will 
not affect any existing AVA. The establishment of the Upper Hudson AVA 
will allow vintners to use ``Upper Hudson'' as an appellation of origin 
for wines made primarily from grapes grown within the Upper Hudson AVA 
if the wines meet the eligibility requirements for the appellation.

Regulatory Flexibility Act

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

Executive Order 12866

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

Drafting Information

    Caroline Hermann 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. Subpart C is amended by adding Sec.  9.264 to read as follows:


Sec.  9.264  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

[[Page 62710]]

    (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
    (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: September 10, 2018.
John J. Manfreda,
Administrator.
    Approved: November 13, 2018.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2018-26320 Filed 12-4-18; 8:45 am]
 BILLING CODE 4810-31-P



                                                              Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations                                             62707

                                             Chicago/Rockford, IL, Chicago/Rockford Intl,            Wellsville, NY, Wellsville Muni Arpt,                   Amdt 3 College Station, TX, Easterwood
                                               ILS OR LOC RWY 7, ILS RWY 7 SA CAT                      Tarantine Fld, RNAV (GPS) RWY 28, Amdt                Field, VOR OR TACAN RWY 11, Amdt 19E
                                               I, ILS RWY 7 CAT II, ILS RWY 7 CAT III,                 1A                                                  [FR Doc. 2018–26246 Filed 12–4–18; 8:45 am]
                                               Amdt 1E                                               Dayton, OH, Greene County—Lewis A
                                                                                                                                                           BILLING CODE 4910–13–P
                                             Chicago/Rockford, IL, Chicago/Rockford Intl,              Jackson Rgnl, RNAV (GPS) RWY 7, Amdt
                                               LOC BC RWY 19, Amdt 15C                                 1
                                             Chicago/Rockford, IL, Chicago/Rockford Intl,            Dayton, OH, Greene County—Lewis A
                                               RADAR–1, Amdt 10B                                       Jackson Rgnl, RNAV (GPS) RWY 25, Amdt               DEPARTMENT OF THE TREASURY
                                             Chicago/Rockford, IL, Chicago/Rockford Intl,              1
                                               RNAV (GPS) RWY 1, Amdt 1C                             Dayton, OH, Greene County—Lewis A                     Alcohol and Tobacco Tax and Trade
                                             Chicago/Rockford, IL, Chicago/Rockford Intl,              Jackson Rgnl, Takeoff Minimums and                  Bureau
                                               RNAV (GPS) RWY 7, Amdt 1C                               Obstacle DP, Amdt 2
                                             Chicago/Rockford, IL, Chicago/Rockford Intl,            Hamilton, OH, Butler Co Rgnl—Hogan Field,
                                               RNAV (GPS) RWY 19, Amdt 2B
                                                                                                                                                           27 CFR Part 9
                                                                                                       ILS OR LOC RWY 29, Amdt 2
                                             Chicago/Rockford, IL, Chicago/Rockford Intl,                                                                  [Docket No. TTB–2018–0005; T.D. TTB–152;
                                                                                                     Hamilton, OH, Butler Co Rgnl—Hogan Field,
                                               RNAV (GPS) RWY 25, Amdt 1B                                                                                  Ref: Notice No. 174]
                                                                                                       RNAV (GPS) RWY 11, Amdt 1
                                             Chicago, IL, Chicago O’Hare Intl, ILS OR LOC
                                                                                                     Hamilton, OH, Butler Co Rgnl—Hogan Field,             RIN 1513–AC38
                                               RWY 4R, Amdt 7A
                                             Chicago, IL, Chicago O’Hare Intl, ILS OR LOC              RNAV (GPS) RWY 29, Amdt 1
                                               RWY 10C, ILS RWY 10C SA CAT I, ILS                    Hamilton, OH, Butler Co Rgnl—Hogan Field,             Establishment of the Upper Hudson
                                               RWY 10C CAT II, ILS RWY 10C CAT III,                    Takeoff Minimums and Obstacle DP, Amdt              Viticultural Area
                                               Amdt 2A                                                 5
                                             Chicago, IL, Chicago O’Hare Intl, ILS OR LOC            Mc Alester, OK, Mc Alester Rgnl, LOC RWY              AGENCY:  Alcohol and Tobacco Tax and
                                               RWY 10L, ILS RWY 10L SA CAT I, ILS                      2, Amdt 4B, CANCELED                                Trade Bureau, Treasury.
                                               RWY 10L CAT II, ILS RWY 10L CAT III,                  Mc Alester, OK, Mc Alester Rgnl, RNAV
                                                                                                                                                           ACTION: Final rule; Treasury decision.
                                               Amdt 19A                                                (GPS) RWY 2, Amdt 1
                                             Chicago, IL, Chicago O’Hare Intl, ILS OR LOC            Mc Alester, OK, Mc Alester Rgnl, RNAV                 SUMMARY:   The Alcohol and Tobacco Tax
                                               RWY 22L, Amdt 6A                                        (GPS) RWY 20, Amdt 1                                and Trade Bureau (TTB) establishes the
                                             Chicago, IL, Chicago O’Hare Intl, ILS OR LOC            Stigler, OK, Stigler Rgnl, RNAV (GPS) RWY
                                                                                                                                                           approximately 1,500-square mile
                                               RWY 22R, Amdt 9B                                        17, Orig-B
                                                                                                     Creswell, OR, Hobby Field, HOBBY TWO,                 ‘‘Upper Hudson’’ viticultural area in all
                                             Chicago, IL, Chicago O’Hare Intl, ILS PRM
                                               RWY 10C (CLOSE PARALLEL), ILS PRM                       GRAPHIC DP                                          or portions of Albany, Montgomery,
                                               RWY 10C (CLOSE PARALLEL) SA CAT I,                    Allentown, PA, Allentown Queen City Muni,             Rensselaer, Saratoga, Schenectady,
                                               ILS PRM RWY 10C (CLOSE PARALLEL)                        RNAV (GPS) RWY 7, Amdt 1E                           Schoharie, and Washington Counties in
                                               CAT II, ILS PRM RWY 10C (CLOSE                        Allentown, PA, Lehigh Valley Intl, ILS OR             New York. The Upper Hudson
                                               PARALLEL) CAT III, Amdt 1A                              LOC RWY 6, ILS RWY 6 SA CAT I, ILS                  viticultural area is not located within
                                             Chicago, IL, Chicago O’Hare Intl, ILS PRM Y               RWY 6 SA CAT II, Amdt 24                            any other established viticultural area.
                                               RWY 10R (CLOSE PARALLEL), Orig-C                      Danville, PA, Danville, RNAV (GPS) RWY 9,             TTB designates viticultural areas to
                                             Chicago, IL, Chicago O’Hare Intl, ILS Y OR                Orig-B                                              allow vintners to better describe the
                                               LOC Y RWY 10R, Orig-C                                 Spearfish, SD, Black Hills—Clyde Ice Field,           origin of their wines and to allow
                                             Chicago, IL, Chicago O’Hare Intl, ILS Z OR                SWUNG TWO, GRAPHIC DP
                                               LOC Z RWY 10R, ILS Z RWY 10R SA CAT                                                                         consumers to better identify wines they
                                                                                                     Austin, TX, Austin Executive, RNAV (GPS)
                                               I, ILS Z RWY 10R CAT II, ILS Z RWY 10R                  RWY 31, Amdt 1
                                                                                                                                                           may purchase.
                                               CAT III, Orig-B                                       Eagle Pass, TX, Maverick County Memorial              DATES: This final rule is effective
                                             Lake Charles, LA, Chennault Intl, ILS OR                  Intl, RNAV (GPS) RWY 13, Amdt 1                     January 7, 2019.
                                               LOC RWY 15, Amdt 6                                    Kountze/Silsbee, TX, Hawthorne Field,                 FOR FURTHER INFORMATION CONTACT:
                                             Lake Charles, LA, Chennault Intl, RNAV                    RNAV (GPS) RWY 13, Amdt 1B
                                               (GPS) RWY 15, Amdt 1                                                                                        Karen A. Thornton, Regulations and
                                                                                                     Eau Claire, WI, Chippewa Valley Rgnl, ILS             Rulings Division, Alcohol and Tobacco
                                             Lawrence, MA, Lawrence Muni, Takeoff                      OR LOC RWY 22, Amdt 10
                                               Minimums and Obstacle DP, Amdt 5                      Eau Claire, WI, Chippewa Valley Rgnl, RNAV
                                                                                                                                                           Tax and Trade Bureau, 1310 G Street
                                             Fulton, MO, Elton Hensley Memorial, RNAV                  (GPS) RWY 22, Amdt 2                                NW, Box 12, Washington, DC 20005;
                                               (GPS) RWY 18, Orig-B                                  Charleston, WV, Yeager, ILS OR LOC RWY                phone 202–453–1039, ext. 175.
                                             Madison, MS, Bruce Campbell Field, RNAV                   5, Orig                                             SUPPLEMENTARY INFORMATION:
                                               (GPS) RWY 17, Amdt 2                                  Charleston, WV, Yeager, ILS OR LOC RWY
                                             Madison, MS, Bruce Campbell Field, RNAV                   23, Amdt 31                                         Background on Viticultural Areas
                                               (GPS) RWY 35, Amdt 1                                  Charleston, WV, Yeager, LOC RWY 5, ORIG,
                                             Madison, MS, Bruce Campbell Field, VOR                                                                        TTB Authority
                                                                                                       CANCELED
                                               RWY 17, Orig-C                                        Charleston, WV, Yeager, RNAV (GPS) Y RWY                Section 105(e) of the Federal Alcohol
                                             Williston, ND, Sloulin Field Intl, Takeoff                5, Amdt 3                                           Administration Act (FAA Act), 27
                                               Minimums and Obstacle DP, Amdt 6                      Charleston, WV, Yeager, RNAV (RNP) Z RWY              U.S.C. 205(e), authorizes the Secretary
                                             Lincoln Park, NJ, Lincoln Park, Takeoff                   5, Amdt 2
                                               Minimums and Obstacle DP, Amdt 1                                                                            of the Treasury to prescribe regulations
                                                                                                     Charleston, WV, Yeager, RNAV (RNP) Z RWY              for the labeling of wine, distilled spirits,
                                             Belen, NM, Belen Rgnl, RNAV (GPS) RWY                     23, Orig-B
                                               21, Amdt 1                                                                                                  and malt beverages. The FAA Act
                                                                                                     Charleston, WV, Yeager, VOR–A, Amdt 14
                                             Fulton, NY, Oswego County, RNAV (GPS)                                                                         provides that these regulations should,
                                               RWY 15, Orig-C                                          Rescinded: On November 8, 2018 (83 FR               among other things, prohibit consumer
                                             Massena, NY, Massena Intl—Richards Field,               55821), the FAA published an Amendment
                                                                                                                                                           deception and the use of misleading
                                               RNAV (GPS) RWY 5, Amdt 2B                             in Docket No. 31220, Amdt No. 3823, to Part
                                                                                                     97 of the Federal Aviation Regulations under
                                                                                                                                                           statements on labels and ensure that
khammond on DSK30JT082PROD with RULES




                                             Massena, NY, Massena Intl—Richards Field,                                                                     labels provide the consumer with
                                               RNAV (GPS) RWY 9, Amdt 1D                             section 97.23, and 97.37. The following
                                                                                                     entries for New Smyrna Beach, FL, New                 adequate information as to the identity
                                             Massena, NY, Massena Intl—Richards Field,
                                               RNAV (GPS) RWY 23, Amdt 1C                            Smyrna Beach Muni and College Station, TX,            and quality of the product. The Alcohol
                                             Massena, NY, Massena Intl—Richards Field,               Easterwood Field, effective January 3, 2019,          and Tobacco Tax and Trade Bureau
                                               RNAV (GPS) RWY 27, Amdt 1C                            are hereby rescinded in their entirety:               (TTB) administers the FAA Act
                                             Montgomery, NY, Orange County, Takeoff                  New Smyrna Beach, FL, New Smyrna Beach                pursuant to section 1111(d) of the
                                               Minimums and Obstacle DP, Amdt 3                        Muni, Takeoff Minimums and Obstacle DP,             Homeland Security Act of 2002,


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                                             62708            Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations

                                             codified at 6 U.S.C. 531(d). The                        that make the proposed AVA distinctive                degrees F. Regions to the immediate east
                                             Secretary has delegated various                         and distinguish it from adjacent areas                and west of the proposed Upper Hudson
                                             authorities through Treasury                            outside the proposed AVA boundary;                    AVA are also classified as zones 5a and
                                             Department Order 120–01, dated                            • The appropriate United States                     5b. Regions farther to the west and
                                             December 10, 2013 (superseding                          Geological Survey (USGS) map(s)                       northwest of the proposed AVA are
                                             Treasury Order 120–01, dated January                    showing the location of the proposed                  classified as zones 3b, 4a, and 4b, with
                                             24, 2003), to the TTB Administrator to                  AVA, with the boundary of the                         average minimum temperatures between
                                             perform the functions and duties in the                 proposed AVA clearly drawn thereon;                   ¥35 and ¥25 degrees F. The region to
                                             administration and enforcement of these                 and                                                   the south of the proposed AVA is
                                             laws.                                                     • A detailed narrative description of               classified as zones 6a and 6b with
                                                Part 4 of the TTB regulations (27 CFR                the proposed AVA boundary based on                    average minimum temperatures between
                                             part 4) authorizes the establishment of                 USGS map markings.                                    ¥10 and 0 degrees F, and able to grow
                                             definitive viticultural areas and regulate              Upper Hudson Petition                                 a wider variety of grapes.
                                             the use of their names as appellations of
                                                                                                        TTB received a petition from Andrew                Growing Degree Days
                                             origin on wine labels and in wine
                                             advertisements. Part 9 of the TTB                       and Kathleen Weber, owners of                            The petition states that the locations
                                             regulations (27 CFR part 9) sets forth                  Northern Cross Vineyard, on behalf of                 within the proposed AVA achieved
                                             standards for the preparation and                       local grape growers and vintners,                     GDD accumulations ranging between
                                             submission of petitions for the                         proposing to establish the ‘‘Upper                    2,300 and 2,700. A GDD accumulation
                                             establishment or modification of                        Hudson’’ AVA in all or portions of                    of over 2,500 is generally considered to
                                             American viticultural areas (AVAs) and                  Albany, Montgomery, Rensselaer,                       be the minimum GDD accumulations
                                             lists the approved AVAs.                                Saratoga, Schenectady, Schoharie, and                 needed to ripen most varieties of
                                                                                                     Washington Counties in New York. The                  grapes.2 According to the petition, the
                                             Definition                                              proposed Upper Hudson AVA covers                      locations within the proposed AVA
                                               Section 4.25(e)(1)(i) of the TTB                      approximately 1,500-square miles and is               reach 2,500 GDDs late in September,
                                             regulations (27 CFR 4.25(e)(1)(i)) defines              not located within any other AVA.                     meaning that the fruit typically has only
                                             a viticultural area for American wine as                There are 19 commercial vineyards with                a few weeks to continue maturing before
                                             a delimited grape-growing region having                 attached wineries covering                            the first frost sets in. The petition states
                                             distinguishing features, as described in                approximately 67.5 acres within the                   that, as a result, wineries often must
                                             part 9 of the regulations, and a name                   proposed AVA. According to the                        work with tart fruit and remove the
                                             and a delineated boundary, as                           petition, several vineyard owners are                 tartness as part of the winemaking
                                             established in part 9 of the regulations.               planning to expand their vineyards by a               process through the use of malolactic
                                             These designations allow vintners and                   total of an additional 14 acres in the                fermentation, pH adjustment, or
                                             consumers to attribute a given quality,                 near future, and 4 new vineyards are                  residual sugars.
                                             reputation, or other characteristic of a                also planned.                                            Locations to the north and south of
                                             wine made from grapes grown in an area                     According to the petition, the                     the proposed AVA have GDD
                                             to the wine’s geographic origin. The                    distinguishing feature of the proposed                accumulations over 2,700 due to the
                                             establishment of AVAs allows vintners                   AVA is its climate, relying on the USDA               warming effects of Lake Champlain and
                                             to describe more accurately the origin of               plant hardiness zone map and the                      the tidal portion of the Hudson River
                                             their wines to consumers and helps                      growing degree day accumulations                      respectively. The petition states that
                                             consumers to identify wines they may                    (GDDs) 1 for the proposed AVA and the                 grapes in these warmer regions have
                                             purchase. Establishment of an AVA is                    surrounding areas.                                    more time to mature before the first
                                             neither an approval nor an endorsement                  Plant Hardiness Zones                                 frost, so the grapes ‘‘have the tartness
                                             by TTB of the wine produced in that                        According to the USDA plant                        removed in the vineyard.’’
                                             area.                                                                                                            The remaining locations, to the east,
                                                                                                     hardiness zone map, which ranges from
                                                                                                                                                           southeast, southwest, and west of the
                                             Requirements                                            the coolest zone 1 to the warmest zone
                                                                                                                                                           proposed Upper Hudson AVA, all have
                                               Section 4.25(e)(2) of the TTB                         13, the proposed Upper Hudson AVA
                                                                                                                                                           lower GDD accumulations than the
                                             regulations (27 CFR 4.25(e)(2)) outlines                falls into zones 5a and 5b. Average
                                                                                                                                                           proposed AVA. The petition claims that
                                             the procedure for proposing an AVA                      minimum temperatures in these zones
                                                                                                                                                           viticulture in these regions would be
                                             and provides that any interested party                  range from ¥20 to ¥15 degrees F. The
                                                                                                                                                           difficult because the GDD
                                             may petition TTB to establish a grape-                  petition states that these average
                                                                                                                                                           accumulations would not reach the
                                             growing region as an AVA. Section 9.12                  minimum winter temperatures are cold
                                                                                                                                                           levels necessary to reliably ripen most
                                             of the TTB regulations (27 CFR 9.12)                    enough to damage or even kill many
                                                                                                                                                           varieties of grapes.
                                             prescribes standards for petitions for the              varieties of grapes. Therefore, vineyard                 As a result of its climate, the proposed
                                             establishment or modification of AVAs.                  owners within the proposed AVA plant                  Upper Hudson AVA is suitable for
                                             Petitions to establish an AVA must                      cold hardy varieties such as Marquette,               growing cold-hardy grape hybrids, but
                                             include the following:                                  Frontenac, La Crescent, and La Crosse,                not the grape varieties that are
                                               • Evidence that the area within the                   which have been developed to                          commonly grown farther south within
                                             proposed AVA boundary is nationally                     withstand temperatures as low as ¥30                  the established Hudson River Region
                                             or locally known by the AVA name                                                                              AVA.
                                                                                                       1 In the Winkler climate classification system,
                                             specified in the petition;
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                                               • An explanation of the basis for
                                                                                                     annual heat accumulation during the growing           Notice of Proposed Rulemaking and
                                                                                                     season, measured in annual growing degree days        Comments Received
                                             defining the boundary of the proposed                   (GDDs), defines climatic regions. One GDD
                                             AVA;                                                    accumulates for each degree Fahrenheit that a day’s     TTB published Notice No. 174 in the
                                               • A narrative description of the                      mean temperature is above 50 degrees, the             Federal Register on April 9, 2018 (83 FR
                                                                                                     minimum temperature required for grapevine
                                             features of the proposed AVA affecting                  growth. See Albert J. Winkler, General Viticulture    15091), proposing to establish the Upper
                                             viticulture, such as climate, geology,                  (Berkeley: University of California Press, 2d ed.
                                             soils, physical features, and elevation,                1974), pages 61–64.                                     2 Id.   at 61–64, 143.



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                                                              Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations                                         62709

                                             Hudson AVA. In the notice, TTB                          the wine’s true place of origin. For a                Drafting Information
                                             summarized the evidence from the                        wine to be labeled with an AVA name                     Caroline Hermann of the Regulations
                                             petition regarding the name, boundary,                  or with a brand name that includes an                 and Rulings Division drafted this final
                                             and distinguishing features for the                     AVA name, at least 85 percent of the                  rule.
                                             proposed AVA. The notice also                           wine must be derived from grapes
                                             compared the distinguishing features of                 grown within the area represented by                  List of Subjects in 27 CFR Part 9
                                             the proposed AVA to the surrounding                     that name, and the wine must meet the                     Wine.
                                             areas. For a detailed description of the                other conditions listed in 27 CFR
                                             evidence relating to the name,                                                                                The Regulatory Amendment
                                                                                                     4.25(e)(3). If the wine is not eligible for
                                             boundary, and distinguishing features of                labeling with an AVA name and that                       For the reasons discussed in the
                                             the proposed AVA, and for a detailed                    name appears in the brand name, then                  preamble, TTB amends title 27, chapter
                                             comparison of the distinguishing                        the label is not in compliance and the                I, part 9, Code of Federal Regulations, as
                                             features of the proposed AVA to the                     bottler must change the brand name and                follows:
                                             surrounding areas, see Notice No. 174.                  obtain approval of a new label.
                                             In Notice No. 174, TTB solicited                                                                              PART 9—AMERICAN VITICULTURAL
                                                                                                     Similarly, if the AVA name appears in
                                             comments on the accuracy of the name,                                                                         AREAS
                                                                                                     another reference on the label in a
                                             boundary, and other required                            misleading manner, the bottler would
                                             information submitted in support of the                                                                       ■ 1. The authority citation for part 9
                                                                                                     have to obtain approval of a new label.               continues to read as follows:
                                             petition. The comment period closed on
                                                                                                     Different rules apply if a wine has a
                                             June 8, 2018.                                                                                                     Authority: 27 U.S.C. 205.
                                                                                                     brand name containing an AVA name
                                             Comments Received                                       that was used as a brand name on a                    Subpart C—Approved American
                                               In response to Notice No. 174, TTB                    label approved before July 7, 1986. See               Viticultural Areas
                                             received seven comments, all of which                   27 CFR 4.39(i)(2) for details.
                                             expressed support for the proposed                         With the establishment of this AVA,                ■ 2. Subpart C is amended by adding
                                             AVA. Some of the commenters                             its name, ‘‘Upper Hudson,’’ will be                   § 9.264 to read as follows:
                                             suggested that the proposed AVA will                    recognized as a name of viticultural                  § 9.264     Upper Hudson.
                                             increase tourism and provide economic                   significance under § 4.39(i)(3) of the
                                                                                                                                                              (a) Name. The name of the viticultural
                                             benefits to the region. Others suggested                TTB regulations (27 CFR 4.39(i)(3)). The              area described in this section is ‘‘Upper
                                             that the establishment of the proposed                  text of the regulation clarifies this point.          Hudson’’. For purposes of part 4 of this
                                             Upper Hudson AVA will help to                           Consequently, wine bottlers using the                 chapter, ‘‘Upper Hudson’’ is a term of
                                             showcase the uniqueness of this area                    name ‘‘Upper Hudson’’ in a brand name,                viticultural significance.
                                             based on its climate. TTB did not                       including a trademark, or in another                     (b) Approved maps. The four United
                                             receive any comments opposing the                       label reference as to the origin of the               States Geological Survey (USGS)
                                             proposed AVA.                                           wine, will have to ensure that the                    1:100,000 scale topographic maps used
                                             TTB Determination                                       product is eligible to use the AVA name               to determine the boundary of the Upper
                                                                                                     as an appellation of origin. The                      Hudson viticultural area are titled:
                                                After careful review of the petition                 establishment of the Upper Hudson
                                             and the comments received in response                                                                            (1) Glens Falls, New York—Vermont,
                                                                                                     AVA will not affect any existing AVA.                 1989;
                                             to Notice No. 174, TTB finds that the
                                                                                                     The establishment of the Upper Hudson                    (2) Albany, New York—
                                             evidence provided by the petitioner
                                                                                                     AVA will allow vintners to use ‘‘Upper                Massachusetts—Vermont, 1989;
                                             supports the establishment of the Upper
                                                                                                     Hudson’’ as an appellation of origin for                 (3) Amsterdam, New York, 1985;
                                             Hudson AVA. Accordingly, under the
                                                                                                     wines made primarily from grapes                      photoinspected 1990; and
                                             authority of the FAA Act, section
                                             1111(d) of the Homeland Security Act of                 grown within the Upper Hudson AVA if                     (4) Gloversville, New York, 1985;
                                             2002, and parts 4 and 9 of the TTB                      the wines meet the eligibility                        photoinspected 1992.
                                             regulations, TTB establishes the ‘‘Upper                requirements for the appellation.                        (c) Boundary. The Upper Hudson
                                             Hudson’’ AVA in in all or portions of                                                                         viticultural area is located in Albany,
                                                                                                     Regulatory Flexibility Act                            Montgomery, Rensselaer, Saratoga,
                                             Albany, Montgomery, Rensselaer,
                                             Saratoga, Schenectady, Schoharie, and                      TTB certifies that this regulation will            Schenectady, Schoharie, and
                                             Washington Counties in New York,                        not have a significant adverse economic               Washington Counties in New York. The
                                             effective 30 days from the publication                  impact on a substantial number of small               boundary of the Upper Hudson
                                             date of this document.                                  entities. The regulation imposes no new               viticultural area is as described below:
                                                                                                     reporting, recordkeeping, or other                       (1) The point of the beginning is on
                                             Boundary Description                                                                                          the Glens Falls map at the intersection
                                                                                                     administrative requirement. Any benefit
                                               See the narrative description of the                                                                        of U.S. Highway 9 and State Highway
                                                                                                     derived from the use of an AVA name
                                             boundary of the Upper Hudson AVA in                                                                           32, in Glens Falls. From the beginning
                                                                                                     would be the result of a proprietor’s
                                             the regulatory text published at the end                                                                      point, proceed east on State Highway 32
                                                                                                     efforts and consumer acceptance of
                                             of this final rule.                                                                                           to its intersection with State Highway
                                                                                                     wines from that area. Therefore, no
                                                                                                                                                           254; then
                                             Maps                                                    regulatory flexibility analysis is                       (2) Proceed southeasterly along State
                                                                                                     required.                                             Highway 254 to its intersection with
                                               The petitioner provided the required
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                                             maps, and they are listed below in the                  Executive Order 12866                                 U.S. Highway 4 in Hudson Falls; then
                                             regulatory text.                                                                                                 (3) Proceed south along U.S. Highway
                                                                                                       It has been determined that this final              4 to its intersection with State Highway
                                             Impact on Current Wine Labels                           rule is not a significant regulatory action           197 in Fort Edward; then
                                               Part 4 of the TTB regulations prohibits               as defined by Executive Order 12866 of                   (4) Proceed east, then southeast along
                                             any label reference on a wine that                      September 30, 1993. Therefore, no                     State Highway 197 to its intersection
                                             indicates or implies an origin other than               regulatory assessment is required.                    with State Highway 40 in Argyle; then


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                                             62710            Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations

                                               (5) Proceed southeast in a straight line                Signed: September 10, 2018.                         Francisco, CA. The fireworks barge will
                                             to the intersection of State Highway 29                 John J. Manfreda,                                     remain at the loading location until its
                                             and State Highway 22 in Greenwich                       Administrator.                                        transit to the display location. From 5
                                             Junction; then                                            Approved: November 13, 2018.                        p.m. to 6 p.m. on December 8, 2018 the
                                               (6) Proceed south along State                         Timothy E. Skud,                                      loaded fireworks barge will transit from
                                             Highway 22, crossing onto the Albany                    Deputy Assistant Secretary, (Tax, Trade, and          Pier 50 to the launch site near Sausalito
                                             map, to the highway’s intersection with                 Tariff Policy).                                       Point in approximate position
                                             State Highway 7 in Hoosick; then                        [FR Doc. 2018–26320 Filed 12–4–18; 8:45 am]           37°51′29.23″ N, 122°28′25″ W (NAD 83)
                                                                                                     BILLING CODE 4810–31–P                                where it will remain until the
                                               (7) Proceed southwest along State                                                                           conclusion of the fireworks display. At
                                             Highway 7, crossing the Hudson River,                                                                         7 p.m. on December 8, 2018, 30 minutes
                                             to the highway’s intersection with State                                                                      prior to the commencement of the 10-
                                             Highway 32 in Green Island; then                        DEPARTMENT OF HOMELAND
                                                                                                     SECURITY                                              minute fireworks display, the safety
                                               (8) Proceed south on State Highway                                                                          zone will encompass the navigable
                                             32 to its intersection with U.S. Highway                Coast Guard                                           waters surrounding the fireworks barge
                                             20 in Albany; then                                                                                            near Sausalito Point in Sausalito, CA
                                                (9) Proceed west on U.S. Highway 20                  33 CFR Part 165                                       within a radius of 1,000 feet from
                                             its intersection with U.S. Highway 9;                                                                         approximate position 37°51′29.23″N,
                                                                                                     [Docket No. USCG–2018–1038]                           122° 28′25″ W (NAD 83) for the
                                             then
                                                                                                     RIN 1625–AA00
                                                                                                                                                           Sausalito Lighted Boat Parade Fireworks
                                               (10) Proceed southwest along U.S.
                                                                                                                                                           Display in 33 CFR 165.1191, Table 1,
                                             Highway 9 to its intersection with State
                                                                                                     Safety Zone; Sausalito Lighted Boat                   Item number 30. The safety zone shall
                                             Highway 443; then
                                                                                                     Parade Fireworks Display; Richardson                  terminate at 8:10 p.m. on December 8,
                                               (11) Proceed southwest, then westerly                 Bay, Sausalito, CA                                    2018.
                                             along State Highway 443, crossing onto
                                                                                                     AGENCY:  Coast Guard, DHS.                               Under the provisions of 33 CFR
                                             the Amsterdam map, to the highway’s
                                                                                                                                                           165.1191, unauthorized persons or
                                             intersection with an unnamed state                      ACTION: Notice of enforcement of
                                                                                                                                                           vessels are prohibited from entering
                                             highway known locally as State                          regulation.
                                                                                                                                                           into, transiting through, or anchoring in
                                             Highway 30 in Vroman Corners; then
                                                                                                     SUMMARY:   The Coast Guard will enforce               the safety zone during all applicable
                                               (12) Proceed northwesterly along                      the safety zone for the Sausalito Lighted             effective dates and times, unless
                                             State Highway 30 to its intersection                    Boat Parade Fireworks Display in the                  authorized to do so by the PATCOM.
                                             with State Highway 30A in Sidney                        Captain of the Port, San Francisco area               Additionally, each person who receives
                                             Corners; then                                           of responsibility during the dates and                notice of a lawful order or direction
                                               (13) Proceed north along State                        times noted below. This action is                     issued by an official patrol vessel shall
                                             Highway 30A, crossing over the                          necessary to protect personnel, vessels,              obey the order or direction. The
                                             Mohawk River, to the highway’s                          and the marine environment from the                   PATCOM is empowered to forbid entry
                                             intersection with State Highway 5 in                    dangers associated with pyrotechnics.                 into and control the regulated area. The
                                             Fonda; then                                             Unauthorized persons or vessels are                   PATCOM shall be designated by the
                                                                                                     prohibited from entering into, transiting             Commander, Coast Guard Sector San
                                                (14) Proceed east along State Highway
                                                                                                     through, or remaining in the safety zone              Francisco. The PATCOM may, upon
                                             5 to its intersection with State Highway
                                                                                                     without permission of the Captain of the              request, allow the transit of commercial
                                             67 in Amsterdam; then
                                                                                                     Port or their designated representative.              vessels through regulated areas when it
                                                (15) Proceed east along State Highway                DATES: The regulations in 33 CFR                      is safe to do so.
                                             67 to its intersection with an unnamed                  165.1191, Table 1, Item number 30, will
                                             light-duty road known locally as                                                                                This notice is issued under authority
                                                                                                     be enforced from 10 a.m. to 8:10 p.m. on
                                             Morrow Road; then                                                                                             of 33 CFR 165.1191 and 5 U.S.C. 552(a).
                                                                                                     December 8, 2018.
                                                                                                                                                           In addition to this notice in the Federal
                                                (16) Proceed northeast in a straight                 FOR FURTHER INFORMATION CONTACT: If                   Register, the Coast Guard will provide
                                             line, crossing over the southeastern                    you have questions on this notice, call               the maritime community with extensive
                                             corner of the Gloversville map and onto                 or email Lieutenant Junior Grade Jennae               advance notification of the safety zone
                                             the Glens Falls map, to the point where                 Cotton, U.S. Coast Guard Sector San                   and its enforcement period via the Local
                                             Daly Creek empties into Great                           Francisco; telephone (415) 399–3585 or                Notice to Mariners.
                                             Sacandaga Lake; then                                    email at SFWaterways@uscg.mil.
                                                                                                                                                             If the Captain of the Port determines
                                               (17) Proceed northeast, then east                     SUPPLEMENTARY INFORMATION: The Coast
                                                                                                     Guard will enforce the safety zone                    that the regulated area need not be
                                             along the southern shore of Great
                                                                                                     established in 33 CFR 165.1191, Table 1,              enforced for the full duration stated in
                                             Sacandaga Lake to its confluence with
                                                                                                     Item number 30, on December 8, 2018.                  this notice, a Broadcast Notice to
                                             the Hudson River in the town of Lake
                                             Luzerne; then                                           The Coast Guard will enforce a 100-foot               Mariners may be used to grant general
                                                                                                     safety zone around the fireworks barge                permission to enter the regulated area.
                                               (18) Proceed south, then easterly
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                                                                                                     during the loading, transit, and arrival                Dated: November 28, 2018.
                                             along the southern bank of the Hudson
                                                                                                     of the fireworks barge from the loading               Rebecca W. Deakin,
                                             River to its intersection with U.S.                     location to the display location and
                                             Highway 9 in South Glens Falls; then                                                                          Lieutenant Commander, U.S. Coast Guard,
                                                                                                     until the start of the fireworks display.             Chief, Waterways Management Division.
                                               (19) Proceed northwest along U.S.                     From 10 a.m. until 4 p.m. on December
                                                                                                                                                           [FR Doc. 2018–26366 Filed 12–4–18; 8:45 am]
                                             Highway 9, crossing the Hudson River,                   8, 2018, the fireworks barge will be
                                                                                                                                                           BILLING CODE 9110–04–P
                                             and returning to the beginning point.                   loading pyrotechnics at Pier 50 in San


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Document Created: 2018-12-05 02:35:38
Document Modified: 2018-12-05 02:35:38
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 7, 2019.
ContactKaren A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
FR Citation83 FR 62707 
RIN Number1513-AC38

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