[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Proposed Rules]
[Pages 78944-78946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31655]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2010-0003; Notice No. 112; re: Notice Nos. 105 and 107]
RIN 1513-AB41


Proposed Establishment of the Pine Mountain-Mayacmas Viticultural 
Area; Comment Period Reopening

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

ACTION: Notice of proposed rulemaking; reopening of comment period.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau is reopening the 
comment period for Notice No. 105, which concerned a proposal to 
establish an American viticultural area having the name Pine Mountain-
Mayacamas. This reopening of the comment period solicits comments from 
the public on issues that were raised in public comments received in 
response to Notice No. 105. Three specific issues which we seek 
comments on concern the proper name for the proposed viticultural area, 
the viticultural significance of a suggested alternative name for the 
viticultural area, and the propriety of expanding the boundary of the 
proposed viticultural area.

DATES: We must receive written comments on or before February 15, 2011.

ADDRESSES: You may send comments on this notice to one of the following 
addresses:
     http://www.regulations.gov: Use the comment form for this 
notice as posted within Docket No. TTB-2010-0003 on 
``Regulations.gov,'' the Federal e-rulemaking portal, to submit 
comments via the Internet;
     Mail: Director, Regulations and Rulings Division, Alcohol 
and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412.
     Hand Delivery/Courier in Lieu of Mail: Alcohol and Tobacco 
Tax and Trade Bureau, 1310 G Street, NW., Suite 200-E, Washington, DC 
20005.
    See the Public Participation section of this notice for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing.
    You may view copies of all published notices and all comments 
received about this proposal within Docket No. TTB-2010-0003 at http://www.regulations.gov. A direct link to this docket is posted on the TTB 
Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice 
No. 105. You also may view copies of all published notices, all 
supporting materials, and any comments we receive about this proposal 
by appointment at the TTB Information Resource Center, 1310 G Street, 
NW., Washington, DC 20220. Please call 202-453-2270 to make an 
appointment.

FOR FURTHER INFORMATION CONTACT: Elisabeth C. Kann, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW., Suite 200-E, Washington, DC 20220; phone 202-453-2002.

SUPPLEMENTARY INFORMATION:

Petition History

    The Alcohol and Tobacco Tax and Trade Bureau (TTB) received a 
petition from Sara Schorske of Compliance Service of America, prepared 
and filed on her own behalf and on behalf of local wine industry 
members, to establish the 4,600-acre ``Pine Mountain-Mayacmas'' 
American viticultural area in northern California. About two-thirds of 
the proposed viticultural area lies in the extreme southern portion of 
Mendocino County, with the remaining one-third located in the extreme 
northern portion of Sonoma County. The proposed Pine Mountain-Mayacmas 
viticultural area is totally within the multicounty North Coast 
viticultural area (27 CFR 9.30), and it overlaps the northernmost 
portions of the established Alexander Valley viticultural area (27 CFR 
9.53) and the Northern Sonoma viticultural area (27 CFR 9.70).
    In Notice No. 105, published in the Federal Register (75 FR 29686) 
on May 27, 2010, TTB described the petitioners' rationale for the 
proposed establishment of the Pine Mountain-Mayacmas viticultural area 
and requested comments on the proposal on or before July 26, 2010.
    On July 16, 2010, TTB received a letter request from attorney 
Richard Mendelson on behalf of the Napa Valley Vintners (NVV), a wine 
industry trade association. The request explained that due to periodic 
scheduling of the NVV's committee and board of directors meetings, the 
group would be unable to meet the original July 26, 2010, comment 
deadline for Notice No. 105.

[[Page 78945]]

The letter therefore requested a 45-day extension to the comment period 
for Notice No. 105 to allow the NVV to complete and thoroughly vet its 
comments on the proposed viticultural area. In response to that 
request, on July 26, 2010, TTB published in the Federal Register (75 FR 
43446) Notice No. 107 to extend the comment period for Notice No. 105 
to September 9, 2010.

Comments Received

    During the course of the original and extended comment period on 
Notice No. 105, TTB received and posted 85 comments from 70 groups and 
individuals; those comments may be viewed at the Regulations.gov Web 
site referred to under the ADDRESSES caption in this document. 
Commenters included 36 industry members and 34 non-industry 
individuals. Of the commenters, 54 supported, and 16 opposed, 
establishment of the Pine Mountain-Mayacmas viticultural area with the 
proposed name and boundary line. The comments in opposition to the 
proposal as published raised three issues that could warrant a change 
in the regulatory text proposed in Notice No. 105: (1) The 
appropriateness of the proposed Pine Mountain-Mayacmas name; (2) the 
viticultural significance of a suggested modified name for the proposed 
viticultural area; and (3) the inclusion of additional acreage within 
the boundary of the viticultural area.
    With regard to the appropriateness of the Pine Mountain-Mayacmas 
name, some commenters questioned the ``Mayacmas'' portion of the name 
because ``Mayacmas'' is associated with the four counties of Napa, 
Sonoma, Lake, and Mendocino in northern California rather than just the 
smaller region within the proposed viticultural area boundary. A number 
of commenters supported use of the ``Cloverdale Peak'' name instead of 
``Mayacmas.'' The following comments in response to Notice No. 105 
stated opposition to the Pine Mountain-Mayacmas name: Nos. 41, 43, 44, 
45, 48, 50, 53, 55, 56, 57, 59, 60, 63, 65, 76, 78, 79, 81, and 82. 
Comments that specifically supported the name change to ``Pine 
Mountain-Cloverdale Peak'' were as follows: Nos. 61, 62, 68, 69, 70, 
71, 72, 73, 74, 75, 77, 80, 83, 84, and 85.
    The comments supporting a modification of the name of the 
viticultural area also give rise to the companion issue of the 
viticultural significance of the modified name. The following comments 
addressed the viticultural significance of the ``Pine Mountain-
Cloverdale Peak'' name: Nos. 61, 62, 68, 69, 71, 75, 77, 80, and 83.
    Finally, one comment, No. 68, suggested that if ``Pine Mountain-
Cloverdale Peak'' is adopted as the viticultural area name, an 
additional 500 acres along the northern border should be included 
within the boundary line, in order to encompass Cloverdale Peak. 
Another commenter suggested in comments 58 and 67 that an additional 40 
acres along the southwest border be included within the boundary line.

Determination To Re-Open Public Comment Period

    TTB reviewed all comments received in response to Notice No. 105 
with reference to the original petition materials. We believe that the 
comment period for Notice No. 105, which extended from May 27, 2010 to 
September 9, 2010, was adequate to obtain comments on our initially 
proposed regulation. However, because of the potential affect on label 
holders if TTB were to adopt any of the changes proposed in the 
comments themselves, TTB has determined that it would be appropriate in 
this instance to re-open the comment period, for the specific purpose 
of obtaining further public comment on the three issues mentioned above 
that affect the original proposal, before taking any further regulatory 
action on this matter.
    TTB invites comments on the use of ``Cloverdale Peak'' as a 
geographical name in conjunction with ``Pine Mountain'' to form the 
``Pine Mountain-Cloverdale Peak'' viticultural area name. Furthermore, 
the Bureau invites comments on the viticultural significance of the 
full name ``Pine Mountain-Cloverdale Peak'' and on the viticultural 
significance of ``Pine Mountain-Cloverdale,'' ``Cloverdale Peak,'' and 
``Cloverdale'' standing alone. As TTB pointed out in this regard in 
Notice No. 105, for a wine to be eligible to use a viticultural area 
name or other term of viticultural significance as an appellation of 
origin or in a brand name, at least 85 percent of the wine must be 
derived from grapes grown within the area represented by that name or 
other term, and the wine must meet the other conditions listed in 27 
CFR 4.25(e)(3). If the wine is not eligible to use the viticultural 
area name as an appellation of origin, and that name or other term of 
viticultural significance 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 viticultural area name or 
other term of viticultural significance appears in another reference on 
the label in a misleading manner, the bottler would have to obtain 
approval of a new label.
    Finally, TTB invites comments on whether the boundary line should 
be expanded as suggested in the comments.

Public Participation

Comments Invited

    The specific purpose of this comment solicitation is to invite 
comments from interested members of the public on the three issues 
described in this document that were raised in public comments received 
in response to Notice No. 105. Please provide any available specific 
information in support of your comments. All comments previously 
submitted to TTB regarding Notice No. 105 will be given full 
consideration, so there is no need to resubmit such comments.

Submitting Comments

    You may submit comments on this notice by using one of the 
following three methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form linked to this notice in Docket No. TTB-2010-0003 
on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A link to the docket is available under Notice No. 
105 on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be attached to comments 
submitted via Regulations.gov. For information on how to use 
Regulations.gov, click on the site's Help or FAQ tabs.
     U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412.
     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 200-E, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
notice. Your comments must reference this notice and Notice No. 105 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 
the Bureau considers all comments as originals.
    If you are commenting on behalf of an association, business, or 
other entity, your comment must include the entity's name as well as 
your name and position title. If you comment via Regulations.gov, 
please include the

[[Page 78946]]

entity's name in the ``Organization'' blank of the comment form. If you 
comment via postal mail, 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 that is inappropriate 
for public disclosure.

Public Disclosure

    On the Federal e-rulemaking portal, Regulations.gov, TTB will post, 
and the public may view, copies of all published notices and all 
comments received in response to those notices within Docket No. TTB-
2010-0003. A direct link to that docket is available on the TTB Web 
site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 
105. You may also reach Docket No. TTB-2010-0003 through the 
Regulations.gov search page at http://www.regulations.gov.
    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 e-mail addresses. TTB may omit 
voluminous attachments or material that the Bureau considers unsuitable 
for posting.
    You and other members of the public may view copies of all 
published notices, all related petitions, maps and other supporting 
materials, and all electronic or mailed comments TTB has received or 
will receive in response to this proposal by appointment at the TTB 
Information Resource Center, 1310 G Street, NW., Washington, DC 20220. 
You may also obtain copies at 20 cents per 8.5- x 11-inch page. Contact 
the TTB information specialist at the above address or by telephone at 
202-453-2270 to schedule an appointment or to request copies of 
comments or other materials.

Drafting Information

    Nancy Sutton and other members of the Regulations and Rulings 
Division drafted this notice.

    Signed: December 10, 2010.
John J. Manfreda,
Administrator.
[FR Doc. 2010-31655 Filed 12-16-10; 8:45 am]
BILLING CODE 4810-31-P