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Proposed Rules
Federal Register Vol. 86, No. 215
Wednesday, November 10, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9
Docket No. TTB20210009; Notice No.
206
RIN 1513AC72

Proposed Establishment of the Gabilan Mountains Viticultural Area Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:

The Alcohol and Tobacco Tax and Trade Bureau TTB proposes to establish the approximately 98,000-acre Gabilan Mountains viticultural area in Monterey and San Benito Counties, California. The proposed viticultural area lies entirely within the established Central Coast viticultural area and would entirely encompass the established Mt. Harlan and Chalone viticultural areas. 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: TTB must receive comments on or before January 10, 2022.
ADDRESSES: You may electronically submit comments to TTB on this proposal, and view copies of this document, its supporting materials, and any comments TTB receives on it within Docket No. TTB20210009 as posted on Regulations.gov https
www.regulations.gov, the Federal erulemaking portal. Please see the Public Participation section of this document below for full details on how to comment on this proposal via Regulations.gov or U.S. mail, and for full details on how to obtain copies of this document, its supporting materials, and any comments related to this proposal.

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Karen A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005;
phone 2024531039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
DEPARTMENT OF THE TREASURY

SUMMARY:

FOR FURTHER INFORMATION CONTACT:

TTB Authority Section 105e of the Federal Alcohol Administration Act FAA Act, 27
U.S.C. 205e, 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 1111d of the Homeland Security Act of 2002, codified at 6 U.S.C. 531d. The Secretary has delegated the functions and duties in the administration and enforcement of these provisions to the TTB Administrator through Treasury Order 12001, dated December 10, 2013
superseding Treasury Order 12001, dated January 24, 2003.
Part 4 of the TTB regulations 27 CFR
part 4 authorizes TTB to establish definitive viticultural areas and regulate the use of their names as appellations of origin on wine labels and in wine advertisements. Part 9 of the TTB
regulations 27 CFR part 9 sets forth standards for the preparation and submission of petitions for the establishment or modification of American viticultural areas AVAs and lists the approved AVAs.
Definition Section 4.25e1i of the TTB
regulations 27 CFR 4.25e1i 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 wines geographic origin. The
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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 4.25e2 of the TTB
regulations 27 CFR 4.25e2 outlines the procedure for proposing an AVA
and provides that any interested party may petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations 27 CFR 9.12
prescribes the 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;
If the proposed AVA is to be established within, or overlapping, an existing AVA, an explanation that both identifies the attributes of the proposed AVA that are consistent with the existing AVA and explains how the proposed AVA is sufficiently distinct from the existing AVA and therefore appropriate for separate recognition;
If the petition proposes the establishment of a new AVA that is larger than, and encompasses, all of one or more existing AVAs, the evidence submitted under paragraph a of 9.12
must include information addressing whether, and to what extent, the attributes of the proposed AVA are consistent with those of the existing AVAs;
The appropriate United States Geological Survey USGS maps 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.

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