[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Proposed Rules]
[Pages 721-725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00060]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2023-0012; Notice No. 230]
RIN 1513-AD07


Proposed Establishment of the Nashoba Valley Viticultural Area

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to 
establish the approximately 18,367-acre ``Nashoba Valley'' viticultural 
area in Worcester County, Massachusetts. The proposed viticultural area 
is not 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. TTB invites comments on this proposed addition to its 
regulations.

DATES: Comments must be received by March 5, 2024.

[[Page 722]]


ADDRESSES: You may electronically submit comments to TTB on this 
proposal using the comment form for this document posted within Docket 
No. TTB-2023-0012 on the Regulations.gov website at https://www.regulations.gov. At the same location, you also may view copies of 
this document, the related petition and selected supporting materials, 
and any comments TTB receives on this proposal. A direct link to that 
docket is available on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking under Notice No. 230. Alternatively, you 
may submit comments via postal mail to the Director, Regulations and 
Ruling Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005. Please see the Public 
Participation section of this document for further information on the 
comments requested on this proposal and on the submission, 
confidentiality, and public disclosure of comments.

FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act 
pursuant to section 1111(d) of the Homeland Security Act of 2002, 
codified at 6 U.S.C. 531(d). In addition, the Secretary of the Treasury 
has delegated certain administrative and enforcement authorities to TTB 
through Treasury Order 120-01.
    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 4.25(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, once approved, a name and a delineated boundary 
codified 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 allows any interested 
party to 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 to establish or modify 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;
     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.

Nashoba Valley Petition

    TTB received a petition from Justin Pelletier, Chief Operating 
Officer and Quality Control Manager of Nashoba Valley Winery, proposing 
the establishment of the ``Nashoba Valley'' AVA on behalf of Nashoba 
Winery. The proposed AVA is located in Worcester County, Massachusetts, 
and contains approximately 18,367 acres. There are three vineyards 
covering a total of approximately 16 acres within the proposed AVA. 
According to the petition, the distinguishing features of the proposed 
Nashoba Valley AVA include its soils and climate. Unless otherwise 
noted, all information and data pertaining to the proposed AVA is from 
the petition and its supporting exhibits.

Name Evidence

    According to the petition, Nashoba Valley is the name given to a 
region of Massachusetts in northwestern Middlesex and northeastern 
Worcester Counties that roughly encompasses the land around the 
interchange of Interstate 495 and Massachusetts Route 2. Although the 
name ``Nashoba Valley'' applies to the entire region, commercial 
viticulture currently occurs only in the Worcester County portion of 
the valley. Therefore, the proposed Nashoba Valley AVA is limited to 
the portion of the valley that is in Worcester County.
    The petition included multiple examples of businesses and 
organizations located within or serving the region of the proposed AVA 
that use the name ``Nashoba Valley.'' The Nashoba Valley Ski Area and 
Nashoba Valley Tubing Park are recreational areas, and Nashoba Valley 
Winery and Nashoba Valley Spirits produce alcohol beverages within the 
proposed AVA. The proposed AVA is served by the Nashoba Valley Chamber 
of Commerce, and the Nashoba Valley Regional Dispatch District answers 
emergency and non-emergency public safety calls within the region. The 
Nashoba Valley Voice covers local news within the proposed AVA. Other 
businesses within or serving the proposed AVA include Nashoba Valley 
Fitness, Nashoba Valley Express Company, Nashoba Valley Movement Dance 
Studio, COWS of Nashoba Valley, Oh Deer of Nashoba Valley, Nashoba 
Valley Elder Care, and Life Care Center of Nashoba Valley.

Boundary Evidence

    The northern boundary of the proposed Nashoba Valley AVA follows 
Massachusetts Route 117 to separate the proposed AVA from Fort Devens 
and the Bolton Flats Wildlife Management Area, neither of which are 
available for commercial viticulture. The proposed eastern boundary 
follows Interstate 495 to separate the proposed AVA from regions with 
climates that are more heavily influenced by the Atlantic Ocean and 
Cape Cod Bay. The proposed southern boundary follows a series of

[[Page 723]]

roads that separate the proposed AVA from the Wachusett Reservoir and, 
farther south, the city of Worcester and its suburbs. According to the 
petition, Worcester was historically a manufacturing town and, as a 
result, has little land available for commercial agricultural 
activities. The proposed western boundary follows Interstate 190 and 
separates the proposed AVA from areas with soils and climates that 
differ from the proposed AVA.

Distinguishing Features

    The distinguishing features of the proposed Nashoba Valley AVA 
include its soils and climate.
Soils
    The petition states that most of the soil within the proposed 
Nashoba Valley AVA has parent soil of supraglacial till, subglacial 
till, alluvial deposits, and glaciofluvial deposits. The petition notes 
that soils within the proposed AVA are classified by the U.S. 
Department of Agriculture (USDA) as ``prime farmland,'' which means 
that they have specific physical and chemical characteristics that make 
them well suited for growing crops.\1\ The most common soils in the 
proposed AVA belong to the Paxton soil series and comprise 
approximately 21 percent of the soils in the AVA. These soils are well-
drained loamy soils and are moderately deep to very deep. The soil 
depth allows for unobstructed root growth, as roots can penetrate 
moderately deeply before hitting denser soils and very deeply before 
touching bedrock. The petition states that the soils promote strong 
root systems that allow grapevines to survive the harsher winters 
within the proposed AVA. The petition also states that the soils 
promote strong root systems that allow grapevines to survive the 
harsher winters within the proposed AVA. Paxton soils also have high 
saturated hydraulic conductivity values, which means that water moves 
quickly through the soil. The petition states this soil characteristic 
is essential for successful viticulture as it aids in minimizing fungal 
infections and rot.
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    \1\ See Appendix C to the petition in Docket No. TTB-2023-0012 
at https://www.regulations.gov.
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    To the immediate north of the proposed AVA are Fort Devens and the 
Bolton Flats Wildlife Management Area, which are not available for 
commercial viticulture. Further north, the soils have a slower water 
infiltration rate and do not drain as quickly as soils within the 
proposed AVA. East of the proposed AVA, the soils have a very slow 
water infiltration rate and a high-water table, increasing both the 
risk of flooding and fungal disease in vineyards. The region south of 
the proposed AVA is largely urban, with little land left open for 
agriculture to occur. The petition notes that what open land does exist 
is not classified as ``prime farmland'' by the USDA. To the west, the 
soils are shallower than within the proposed AVA and have a slow water 
infiltration rate.
Climate
    The petition states that the proposed Nashoba Valley AVA has a warm 
climate suitable for growing grape varietals such as Albarino, Cabernet 
Franc, Chardonnay, Riesling, and St. Croix, among others. Throughout 
the growing season, average monthly temperatures range from a low of 47 
degrees Fahrenheit (F) to 72 degrees F. July is typically the warmest 
month when the average high temperature is 82 degrees F. The proposed 
Nashoba Valley AVA has an average of 1,697 growing degree days (GDDs) 
\2\ calculated in degrees Celsius,\3\ which places it in Region III of 
the Winkler system.
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    \2\ See Albert J. Winkler, General Viticulture (Berkeley: 
University of California Press, 1974), pages 61-64. 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 
Celsius that a day's mean temperature is above 10 degrees C, the 
minimum temperature required for grapevine growth. The Winkler scale 
regions are as follows: Region Ia, 850-1,111 GDDs; Region Ib, 1,112-
1,389 GDDs; Region II, 1,390-1,667 GDDs; Region III, 1,668-1,944 
GDDs; Region IV, 1,945-2,222 GDDs; Region V, 2,223-2,700 GDDs.
    \3\ Unless otherwise noted, all GDD accumulations listed in this 
document are in degrees Celsius.
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    According to the petition, wind is another climate factor that 
affects viticulture within the proposed AVA. The petition states that 
between March and May, average wind speeds within the proposed AVA 
range from 6.6 to 4.7miles per hour. In the springtime, air movement 
through the vineyards can reduce the risk of frost damage to new tender 
shoots and buds. However, more intense winds during the same period can 
damage shoots and flowers, which will lead to a smaller harvest. During 
the summer months of June to August, average wind speeds range from 4.2 
to 3.9 miles per hour. According to the petition, humidity increases 
and rainstorms are common within the proposed AVA during the summer, so 
the gentle winds can decrease the time it takes for vineyards to dry 
and lessen the potential for molds and mildews to form.
    To the north, the town of Fitchburg has a cooler climate than the 
proposed AVA. Fitchburg's average GDD accumulations total 1,536, 
placing it in the Region II category. Average monthly temperatures are 
lower for each month except July, when they are the same as the average 
monthly temperature for the proposed AVA. Additionally, Fitchburg has 
lower monthly average wind speeds. To the east, the city of Waltham's 
average GDD accumulations place it in the Region III category, which is 
the same as the proposed AVA. However, Waltham still has higher average 
GDD accumulations than the proposed AVA, with 1,738 GDDs. Waltham also 
has higher average monthly wind speeds than the proposed AVA, ranging 
from 4.3 to 7.6 miles per hour. South of the proposed AVA, the city of 
Worcester's climate is classified as Region II, with an average 
accumulation of 1,598 GDDs. During the growing season, Worcester also 
has slightly lower average monthly temperatures and average monthly 
wind speeds than the proposed AVA. To the west of the proposed AVA, the 
town of Barre also has a Region II climate, with average accumulations 
of 1,548 GDDs and lower average monthly temperatures throughout the 
year. Average monthly wind speeds in Barre are also lower each month 
than wind speeds within the proposed AVA.

Summary of Distinguishing Features

    The following table summarizes the features of the proposed Nashoba 
Valley that distinguish it from the surrounding regions.

[[Page 724]]



   Features of the Proposed Nashoba Valley AVA and Surrounding Regions
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                                              Features
          Region           ---------------------------------------------
                                    Soils                 Climate
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Proposed AVA..............  Derived from           Average monthly
                             supraglacial till,     growing season
                             subglacial till,       temperatures range
                             alluvial deposits,     from 47 to 72
                             and glaciofluvial      degrees F; average
                             deposits; classified   of 1,697 GDDs
                             as ``prime             (Celsius); Winkler
                             farmland''; Paxton     Region III; growing
                             series is most         season wind speeds
                             prevalent; deep,       range from 6.6 to
                             well-drained loams.    4.7 mph.
North.....................  Slow water             Cooler climate with
                             infiltration rate.     lower average
                                                    monthly
                                                    temperatures;
                                                    average of 1,536
                                                    GDDs; Winkler Region
                                                    II; lower wind
                                                    speeds.
South.....................  Little land open for   Cooler climate with
                             agricultural           slightly lower
                             purposes; land not     average monthly
                             classified as          temperatures;
                             ``prime farmland''.    average of 1,598
                                                    GDDs; Region II;
                                                    lower average
                                                    monthly wind speeds.
East......................  Very slow water        Average of 1,738
                             infiltration rate      GDDs; Region III;
                             and high-water table.  higher average
                                                    monthly wind speeds.
West......................  Shallower soils with   Cooler climate with
                             slow water             lower average
                             infiltration rate.     monthly
                                                    temperatures;
                                                    average of 1,548
                                                    GDDs; Region II;
                                                    lower average
                                                    monthly wind speeds.
------------------------------------------------------------------------

TTB Determination

    TTB concludes that the petition to establish the proposed Nashoba 
Valley AVA merits consideration and public comment, as invited in this 
notice of proposed rulemaking.

Boundary Description

    See the narrative description of the boundary of the petitioned-for 
AVA in the proposed regulatory text published at the end of this 
proposed rule.

Maps

    The petitioner provided the required maps, and TTB lists them below 
in the proposed regulatory text. You may also view the proposed Nashoba 
Valley AVA boundary on the AVA Map Explorer on the TTB website, at 
https://www.ttb.gov/wine/ava-map-explorer.

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. For a wine to be labeled with an AVA name, at least 85 
percent of the wine must be derived from grapes grown within the area 
represented by that name, and the wine must meet the other conditions 
listed in Sec.  4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)). 
If the wine is not eligible for labeling with an AVA name and that name 
appears in the brand name, then the label is not in compliance and the 
bottler must change the brand name and obtain approval of a new label. 
Similarly, if the AVA name appears in another reference on the label in 
a misleading manner, the bottler would have to obtain approval of a new 
label. Different rules apply if a wine has a brand name containing an 
AVA name that was used as a brand name on a label approved before July 
7, 1986. See Sec.  4.39(i)(2) of the TTB regulations (27 CFR 
4.39(i)(2)) for details.
    If TTB establishes this proposed AVA, its name, ``Nashoba Valley,'' 
will be recognized as a name of viticultural significance under Sec.  
4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The text of the 
proposed regulation clarifies this point. Consequently, wine bottlers 
using the name ``Nashoba Valley'' in a brand name, including a 
trademark, or in another label reference as to the origin of the wine, 
would have to ensure that the product is eligible to use the AVA name 
as an appellation of origin if TTB adopts this proposed rule as a final 
rule.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether it should establish the proposed Nashoba Valley AVA. TTB is 
also interested in receiving comments on the sufficiency and accuracy 
of required information submitted in support of the petition. Please 
provide specific information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Nashoba Valley AVA on wine labels that include the term 
``Nashoba Valley'' as discussed above under Impact on Current Wine 
Labels, TTB is particularly interested in comments regarding whether 
there will be a conflict between the proposed AVA name and currently 
used brand names. If a commenter believes that a conflict will arise, 
the comment should describe the nature of that conflict, including any 
anticipated negative economic impact that approval of the proposed AVA 
will have on an existing viticultural enterprise. TTB is also 
interested in receiving suggestions for ways to avoid conflicts, for 
example, by adopting a modified or different name for the proposed AVA.

Submitting Comments

    You may submit comments on this proposal by using one of the 
following methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this document within Docket No. TTB-
2023-0012 on ``Regulations.gov,'' the Federal e-rulemaking portal, at 
https://www.regulations.gov. A direct link to that docket is available 
under Notice No. 230 on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking. Supplemental files may be attached to 
comments submitted via Regulations.gov. For complete instructions on 
how to use Regulations.gov, visit the site and click on the ``FAQ'' 
link at the bottom of the page.
     U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
document. Your comments must reference Notice No. 230 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. We do not acknowledge receipt of comments, and we consider 
all comments as originals.
    Your comment must clearly state if you are commenting on your own 
behalf or on behalf of an organization, business, or other entity. If 
you are commenting on behalf of an organization, business, or other 
entity,

[[Page 725]]

your comment must include the entity's name as well as your name and 
position title. If you comment via Regulations.gov, please enter the 
entity's name in the ``Organization'' blank of the online comment form. 
If you comment via postal mail, please submit your entity's comment on 
letterhead.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine whether to hold a public hearing.

Confidentiality

    All submitted comments and attachments are part of the public 
record and subject to disclosure. Do not enclose any material in your 
comments that you consider to be confidential or inappropriate for 
public disclosure.

Public Disclosure

    TTB will post, and you may view, copies of this document, selected 
supporting materials, and any online or mailed comments received about 
this proposal within Docket No. TTB-2023-0012 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A 
direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking under Notice No. 230. 
You may also reach the relevant docket through the Regulations.gov 
search page at https://www.regulations.gov. For instructions on how to 
use Regulations.gov, visit the site and click on the ``FAQ'' link at 
the bottom of the page.
    All posted comments will display the commenter's name, organization 
(if any), city, and State, and, in the case of mailed comments, all 
address information, including email addresses. TTB may omit voluminous 
attachments or material that it considers unsuitable for posting.
    You may also obtain copies of this proposed rule, all related 
petitions, maps, and other supporting materials, and any electronic or 
mailed comments that TTB receives about this proposal at 20 cents per 
8.5 x 11-inch page. Please note that TTB is unable to provide copies of 
USGS maps or any similarly-sized documents that may be included as part 
of the AVA petition. Contact TTB's Regulations and Rulings Division by 
email using the web form at https://www.ttb.gov/contact-rrd, or by 
telephone at 202-453-1039, ext. 175, to request copies of comments or 
other materials.

Regulatory Flexibility Act

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

Executive Order 12866

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

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, TTB proposes to amend 
title 27, chapter I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Subpart C is amended by adding Sec.  9.__ to read as follows:


Sec.  9.__   Nashoba Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Nashoba Valley''. For purposes of part 4 of this chapter, 
``Nashoba Valley'' is a term of viticultural significance.
    (b) Approved maps. The 2 United States Geological Survey (USGS) 
1:100,000 scale topographic maps used to determine the boundary of the 
Nashoba Valley viticultural area are:
    (1) Hudson, MA, 2021; and
    (2) Clinton, MA, 2021.
    (c) Boundary. The Nashoba Valley viticultural area is located in 
Worcester County, Massachusetts. The boundary of the viticultural area 
is as described as follows:
    (1) The beginning point is on the Hudson map at the intersection of 
Route 62 (also known as Central Street) and I-495 in Hudson, 
Massachusetts. From the beginning point, proceed southwest, then 
westerly on Route 62 for a total of 4.5 miles, crossing onto the 
Clinton map, to the point where it intersects and becomes concurrent 
with Route 70 (also known as Boylston Street); then
    (2) Proceed north on Route 70/Route 62 for 2.09 miles to its 
intersection with Route 110/Main Street in Clinton, Massachusetts; then
    (3) Proceed south on Route 110/Main Street as it becomes known as 
West Boylston Road, and continue along West Boylston Road for a total 
of 1 mile to its intersection with South Meadow Road; then
    (4) Proceed north along South Meadow Road for 0.95 mile to its 
intersection with Moffett Street in Lancaster, Massachusetts; then
    (5) Proceed northwest along Moffett Street to its intersection with 
an unnamed road known locally as Chace Hill Road; then
    (6) Proceed northeast along Chace Hill Road to its intersection 
with Sterling Street (also known as Route 62); then
    (7) Proceed northwesterly along Sterling Street/Route 62 to its 
intersection with an unnamed road known locally as Chocksett Road; then
    (8) Proceed northwesterly along Chocksett Road to its intersection 
with Pratts Junction Road; then
    (9) Proceed northwesterly along Pratts Junction Road to its 
intersection with I-190; then
    (10) Proceed northerly along I-190 for 2.35 miles to its 
intersection with Route 117 in Leominster, Massachusetts; then
    (11) Proceed southeasterly along Route 117 for 7.8 miles, crossing 
onto the Hudson map, to its intersection with I-495; then
    (12) Proceed southerly along I-495 to the beginning point.

    Signed: December 19, 2023.
Mary G. Ryan,
Administrator.
    Approved: December 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2024-00060 Filed 1-4-24; 8:45 am]
BILLING CODE 4810-31-P