Unknown. Final rule; Treasury decision

4,859 words·~22 min read·/register/2021/08/25/2021-18208

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2021-08-25.xml --- 86 162 Wednesday, August 25, 2021 Contents Agricultural Marketing Agricultural Marketing Service NOTICES United States Standards for Sorghum, 47469 2021-18319 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Establishment of Viticultural Area: Virginia Peninsula, 47380-47382 2021-18209 Modification of the Boundaries of Viticultural Areas:

Santa Lucia Highlands and Arroyo Seco, 47377-47380 2021-18208 PROPOSED RULES Proposed Addition of Singani to the Standards of Identity for Distilled Spirits, 47429-47433 2021-18205 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: Dynamic Spectrum Alliance, Inc., 47521 2021-18264 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Vehicle Inventory and Use Survey, 47471-47472 2021-18232 Centers Disease Centers for Disease Control and Prevention NOTICES Award of a Single-Source Cooperative Agreement to Fund the Association of University Centers on Disability, 47499-47500 2021-18324 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 47500 2021-18245 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Refugee Support Services and RSS Set Aside Sub-Agency List, 47500-47501 2021-18307 Civil Rights Civil Rights Commission NOTICES Meetings: Arkansas Advisory Committee, 47471 2021-18250 Coast Guard Coast Guard RULES Safety Zone: M/V ZHEN HUA 24, Crane Delivery Operation, Chesapeake Bay and Patapsco River, Baltimore, MD, 47384-47386 2021-18151 Monongahela River, Miles 5.8-6.3, Pittsburgh, PA, 47382-47384 2021-18305 PROPOSED RULES Safety Zone:

Piscataqua River Turning Basin Dredge Project, Portsmouth, NH, 47433-47435 2021-17891 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47480-47481 2021-18246 2021-18249 2021-18252 Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances Application:

Absolute Standards, Inc., 47522 2021-18230 Benuvia Therapeutics Inc., 47521 2021-18234 Importer of Controlled Substances Application: Cedarburg Pharmaceuticals, 47521-47522 2021-18233 Johnson Matthey Inc., 47522 2021-18238 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Energy Conservation Program for Consumer Products: Representative Average Unit Costs of Energy, 47482-47483 2021-18325 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: North Carolina; Revision to Approved Motor Vehicle Emissions Budgets, 47387-47390 2021-18247 North Carolina; Monitoring: Recordkeeping: Reporting, 47393-47395 2021-18248 Ohio; Ohio Permit Fee Rule Removal, 47390-47391 2021-18166 Pennsylvania; Emissions Statement Rule Certification for the 2015 Ozone National Ambient Air Quality Standard, 47391-47393 2021-18159 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California;

Eastern Kern Air Pollution Control District, 47435-47441 2021-17239 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Information Request for the Underground Injection Control Program, 47494-47495 2021-18240 Proposed Reissuance of the National Pollutant Discharge Elimination System General Permits: Wastewater Lagoon Systems in Indian Country, Region 8, 47492-47494 2021-18229 Public Water System Supervision Program Revision for the State of Arizona, 47495-47496 2021-18014 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 47419-47420, 47424-47427 2021-18226 2021-18228 Airbus Helicopters, 47420-47422 2021-18254 Costruzioni Aeronautiche Tecnam S.P.A. Airplanes, 47422-47424 2021-18253 Leonardo S.p.a. Helicopters, 47427-47429 2021-18257 Rolls-Royce Deutschland Ltd and Co KG (Type Certificate Previously Held by Rolls-Royce plc) Turbofan Engines, 47417-47419 2021-17980 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 47496-47497 2021-18290 Charter Renewal: North American Numbering Council, 47497 2021-18320 Meetings: Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States, 47497-47498 2021-18301 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 47498 2021-18372 Federal Emergency Federal Emergency Management Agency RULES National Flood Insurance Program: Conforming Changes to Reflect the Biggert-Waters Flood Insurance Reform Act and the Homeowners Flood Insurance Affordability Act, and Additional Clarifications for Plain Language;

Correction, 47395 2021-18260 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Brookfield White Pine Hydro, LLC, 47490-47491 2021-18284 Duke Energy Carolinas, LLC, 47489-47490 2021-18286 Climate Change, Extreme Weather, and Electric System Reliability; Correction, 47485-47487 2021-18259 Combined Filings, 47483-47484, 47488-47489, 47491-47492 2021-18215 2021-18219 2021-18295 2021-18296 Filing: Southeastern Power Administration, 47490 2021-18217 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Borderlands Wind, LLC, 47487 2021-18297 Minco Wind Energy III, LLC, 47485 2021-18298 Octopus Energy LLC, 47485 2021-18293 Records Governing Off-the-Record Communications, 47484 2021-18294 Request under Blanket Authorization: Guardian Pipeline, LLC, 47487-47488 2021-18258 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES 2022-2024 Enterprise Housing Goals, 47398-47417 2021-18008 Federal Maritime Federal Maritime Commission PROPOSED RULES Passenger Vessel Financial Responsibility, 47441-47457 2021-18220 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 47498-47499 2021-18304 Agreements Filed, 47498 2021-18288 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 47535-47537 2021-18241 2021-18242 2021-18243 2021-18244 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Endangered Species Status for Amur Sturgeon, 47457-47468 2021-17881 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Environmental Impact Considerations, 47501-47504 2021-18239 Establishment and Operation of Clinical Trial Data Monitoring Committees, 47505-47507 2021-18235 Electronic Common Technical Document; Data Standards; Specifications for the Electronic Common Technical Document Validation Criteria, 47504-47505 2021-18303 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Swagelok Co., Foreign-Trade Zone 33, Pittsburgh, PA, 47472 2021-18280 Forest Forest Service NOTICES Environmental Impact Statements;

Availability, etc.: Manti-La Sal National Forest, 47469-47471 2021-18309 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S. Citizenship and Immigration Services Interior Interior Department See Fish and Wildlife Service See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Common Alloy Aluminum Sheet from the People's Republic of China, 47472-47474 2021-18282 Stainless Steel Bar from India, 47474-47476 2021-18281 Charter Renewal: United States Travel and Tourism Advisory Board, 47472 2021-18277 Scope Rulings, 47476-47478 2021-18291 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Laparoscopic Surgical Staplers, Reload Cartridges, and Components Thereof, 47521 2021-18313 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: The National Forensic Laboratory Information System Collection of Analysis Data, 47523 2021-18276 NASA National Aeronautics and Space Administration NOTICES Meetings: Aerospace Safety Advisory Panel, 47523-47524 2021-18299 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47524 2021-18308 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings:

Arts Advisory Panel, 47524 2021-18292 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National 911 Profile Database, 47537-47539 2021-18251 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Commercial Aggregated Large Coastal Sharks, Hammerhead Sharks, and Blacktip Sharks in the Gulf of Mexico Region;

Retention Limit Adjustment, 47395-47397 2021-18289 NOTICES Marine Mammals and Endangered Species: File No. 25740, 47478 2021-18274 National Park National Park Service NOTICES Inventory Completion: Bureau of Indian Affairs, Washington, DC, 47519 2021-18267 Bureau of Indian Affairs, Washington, DC, and Pueblo Grande Museum, City of Phoenix, AZ, 47510-47512 2021-18268 Mississippi Department of Archives and History, Jackson, MS, 47513-47514 2021-18271 The University of California, Berkeley, Berkeley, CA, and the United States Army Corps of Engineers, San Francisco District, San Francisco, CA, 47512-47513 2021-18266 University of Michigan, Ann Arbor, MI, 47514-47516 2021-18273 Repatriation of Cultural Items:

Gilcrease Museum, Tulsa, OK, 47517-47521 2021-18269 2021-18270 The State Museum of Pennsylvania, Harrisburg, PA, 47518-47519 2021-18272 Request for Nominations: Cedar Creek and Belle Grove National Historical Park Advisory Commission, 47516-47517 2021-18327 Chesapeake and Ohio Canal National Historical Park Commission, 47516 2021-18328 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Cyberinfrastructure, 47525 2021-18265 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements;

Availability, etc.: Virginia Electric and Power Co.; Dominion Energy Virginia; North Anna Power Station, Unit Nos. 1 and 2, 47525-47526 2021-18255 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fee Deficiency Submissions, 47478-47480 2021-18231 Postal Service Postal Service NOTICES Product Change: First-Class Package Service Negotiated Service Agreement, 47526 2021-18318 Priority Mail Express Negotiated Service Agreement, 47526-47527 2021-18314 Priority Mail Express, Priority Mail, First-Class Package Service, and Parcel Select Service Negotiated Service Agreement, 47527 2021-18312 Priority Mail Negotiated Service Agreement, 47526 2021-18311 2021-18315 2021-18316 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Cboe Exchange, Inc., 47529-47533 2021-18236 Financial Industry Regulatory Authority, Inc., 47527-47529 2021-18237 State Department State Department NOTICES Charter Renewal: Bureau of Overseas Buildings Operations' Industry Advisory Group, 47533 2021-18227 Meetings: Industry Advisory Group, 47533-47534 2021-18224 Surface Transportation Surface Transportation Board NOTICES Change of Operators Exemption: Midcoast Railservice, Inc.; Central Maine and Quebec Railway US, Inc., 47534-47535 2021-18278 Continuance in Control Exemption:

Finger Lakes Railway Corp.; Midcoast Railservice, Inc., 47534 2021-18279 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Flight Training Security, 47507-47508 2021-18225 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Certificate of Citizenship, 47509-47510 2021-18221 Petition for Alien Fiance'(e), 47508-47509 2021-18216 Veteran Affairs Veterans Affairs Department RULES Government-Furnished Headstones, Markers, and Medallions; Unmarked Graves, 47386-47387 2021-18285 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Monthly Certification of On-the-Job and Apprenticeship Training, 47539 2021-18275 Meetings: Advisory Committee on Disability Compensation, 47539-47540 2021-18287 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 86 162 Wednesday, August 25, 2021 Rules and Regulations DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [Docket No.

TTB-2020-0007; T.D. TTB-172; Ref: Notice No. 192] RIN 1513-AC55 Modification of the Boundaries of the Santa Lucia Highlands and Arroyo Seco Viticultural Areas AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Final rule; Treasury decision. SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau

(TTB)is modifying the boundaries of the “Santa Lucia Highlands” viticultural area and the adjacent “Arroyo Seco” viticultural area in Monterey County, California. The boundary modifications include two separate actions—removing approximately 376 acres from the Santa Lucia Highlands viticultural area, and removing 148 acres from the Arroyo Seco viticultural area and placing them entirely within the Santa Lucia Highlands viticultural area. The Santa Lucia Highlands and Arroyo Seco viticultural areas and the modification areas are located entirely within the existing Monterey and Central Coast 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. DATES: This final rule is effective September 24, 2021. FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175. SUPPLEMENTARY INFORMATION: Background on Viticultural Areas TTB Authority Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe regulations for the labeling of wine, distilled spirits, and malt beverages. The FAA Act provides that these regulations should, among other things, prohibit consumer deception and the use of misleading statements on labels and ensure that labels provide the consumer with adequate information as to the identity and quality of the product. The Alcohol and Tobacco Tax and Trade Bureau

(TTB)administers the FAA Act pursuant to section 1111(d) of the Homeland Security Act of 2002, codified at 6 U.S.C. 531(d). The Secretary has delegated the functions and duties in the administration and enforcement of these provisions to the TTB Administrator through Treasury Order 120-01, dated December 10, 2013 (superseding Treasury Order 120-01, 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 to TTB 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 modify an AVA must include the following: • In the case of an expansion in size of an AVA, evidence that the proposed expansion area is nationally or locally known by the name of the AVA into which it would be placed; • In the case of a reduction in size of an AVA, an explanation of the extent to which the current AVA name does not apply to the excluded area; • An explanation of the basis for defining the boundary of the proposed areas to be realigned, including an explanation of how the boundary of the existing AVA was incorrectly or incompletely defined or is no longer accurate due to new evidence or changed circumstances; • In the case of an expansion of an 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 expansion area similar to the AVA into which it would be placed and distinguish it from adjacent areas outside the established AVA; • In the case of a reduction of an AVA, a narrative description of the features of the proposed AVA affecting viticulture, such as climate, geology, soils, physical features, and elevation, that differentiate the proposed reduction area from the established AVA and demonstrate a greater similarity to the features of adjacent areas outside the established AVA; • The appropriate United States Geological Survey

(USGS)map(s) showing the location of the proposed AVA boundary modifications, with the proposed boundary modifications clearly drawn thereon; and • A detailed narrative description of the proposed AVA boundary modifications based on USGS map markings. Santa Lucia Highlands-Arroyo Seco Boundary Modification Petition TTB received a petition from Patrick Shabram on behalf of the Santa Lucia Highlands Wine Artisans, proposing to modify the boundary of the Santa Lucia Highlands AVA (27 CFR 9.139) and the adjacent Arroyo Seco AVA (27 CFR 9.59). The Santa Lucia Highlands AVA and the Arroyo Seco AVA are both located within Monterey County, California, and are both located entirely within the established Monterey AVA (27 CFR 9.98) and the Central Coast AVA (27 CFR 9.75). The proposed boundary modifications include two separate actions—removing approximately 376 acres from the Santa Lucia Highlands viticultural area, and removing 148 acres from the Arroyo Seco viticultural area and placing them entirely within the Santa Lucia Highlands viticultural area. The first proposal would remove approximately 376 acres from the northern part of the Santa Lucia Highlands AVA. The petition states that the proposed reduction area is within the floodplain of the Salinas River and that no vineyards are planted or proposed in this location. The land removed from the Santa Lucia Highlands AVA would remain within the Monterey AVA and the Central Coast AVA. According to the petition, the topography and soils within the proposed reduction area are more similar to those of the Monterey and Central Coast AVAs than to the Santa Lucia Highlands AVA. For example, the proposed reduction area is located in the floodplain of the Salinas River, has little-to-no slope, and does not have a clear easterly orientation. By contrast, the majority of the established Santa Lucia Highlands AVA is located on a series of alluvial fans and terraces that have a predominately eastern orientation and slope angles ranging from 5 to 30 percent. Additionally, the soils in the proposed reduction area are primarily Psamments and Fluvents, which are suborders of Entisols that are sandy and have little organic material. These soils are uncommon in the remainder of the Santa Lucia Highlands AVA, where Chualar loams are the most common soil, comprising almost 32 percent of the total soils. Chualar loams are described as very deep, well-drained soils formed in alluvial material from mixed rock sources. The second proposed modification affects a portion of the shared Santa Lucia Highlands-Arroyo Seco AVA boundary. The modification would remove 148 acres of foothills terrain from the western side of the Arroyo Seco AVA and place them entirely within the southeastern region of the Santa Lucia Highlands. One vineyard containing approximately 135 acres of vines would be affected by this boundary realignment, and the vineyard owner included a letter of support in the petition. The modification would reduce the size of the Arroyo Seco AVA by less than 1 percent and would not have any impact on the boundaries of the Monterey AVA or the Central Coast AVA. The proposed realignment area is located on an alluvial fan with an easterly orientation and slope angles above 5 percent. The petition states that these topographic features are similar to the alluvial fans found in the Santa Lucia Highlands AVA, whereas the majority of the Arroyo Seco AVA has a gentler slope that gradually becomes nearly flat and lacks an eastern orientation. The soils in the proposed realignment area are mostly Placentia sandy loam, Chualar, and Arroyo Seco soils. All three soils are found in both the Santa Lucia Highlands and Arroyo Seco AVAs. However, the petition states that this combination of soils is more commonly found within the Santa Lucia Highlands AVA, and Placentia sandy loams are not common in the Arroyo Seco AVA outside of the proposed realignment area. Notice of Proposed Rulemaking and Comments Received TTB published Notice No. 192 in the **Federal Register** on July 20, 2020 (85 FR 43754), proposing to modify the boundaries of the Santa Lucia Highlands and Arroyo Seco AVAs. In the notice, TTB summarized the evidence from the petition regarding the name, boundary, and distinguishing features for the proposed reduction area and the proposed realignment area. For a detailed description of the evidence relating to the name, boundary, and distinguishing features of the proposed boundary modification areas, see Notice No. 192. The comment period for Notice No. 192 closed September 18, 2020. In response to Notice No. 192, TTB received a total of eight comments. However, two of the comments did not contain information related to the proposed boundary modifications, or to the AVA program in general, and were not posted to the public docket. All six comments that were posted to the public docket supported the proposed boundary modifications to the Santa Lucia Highlands and Arroyo Seco AVAs. TTB Determination After careful review of the petition and the comments received in response to Notice No. 192, TTB finds that the evidence provided by the petitioner supports the modifications of the boundaries of the Santa Lucia Highlands and Arroyo Seco AVAs. 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 modifies the boundaries of both AVAs effective 30 days from the publication date of this document. Boundary Description See the narrative description of the boundary modifications of the Santa Lucia Highlands and Arroyo Seco AVAs in the regulatory text published at the end of this final rule. Maps The petitioners provided the required maps, and they are listed below in the regulatory text. The modified Santa Lucia Highlands and Arroyo Seco AVA boundaries may also be viewed on the AVA Map Explorer on the TTB website, at *https://www.ttb.gov/wine/ava-map-explorer.* Impact on Current Wine Labels and Transition Period 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 § 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 § 4.39(i)(2) of the TTB regulations (27 CFR 4.39(i)(2)) for details. The approval of the boundary realignments does not affect the Monterey AVA or the Central Coast AVA. Bottlers using “Monterey” or “Central Coast” as an appellation of origin or in a brand name for wines made from grapes grown within the reduction area or the proposed realignment area may continue to use those appellations of origin if the wines meet the eligibility requirements for the appellation. The modification of the northern Santa Lucia Highlands AVA boundary means that wines produced mainly from grapes grown in the reduction area may no longer be labeled with “Santa Lucia Highlands” as an appellation of origin. However, TTB does not believe any label holders will be affected by this boundary modification because the petition states that no vineyards exist within the reduction area. The realignment of the shared Santa Lucia Highlands-Arroyo Seco AVA boundary allows vintners to use “Santa Lucia Highlands,” “Monterey,” and “Central Coast” as appellations of origin for wines made primarily from grapes grown within the realignment area if the wines meet the eligibility requirements for these appellations. For wines whose eligibility for the Arroyo Seco AVA designation depends on the use of grapes grown in the realignment area, a label containing the words “Arroyo Seco” may be used on wine bottled within 2 years from the effective date of the final rule, provided that such label was approved before the effective date of this final rule and that the wine conforms to the standards for use of the label set forth in 27 CFR 4.25 or 4.39(i) in effect prior to this final rule. At the end of this 2-year transition period, if the wine is produced primarily from grapes grown in the realignment area, then a label containing the words “Arroyo Seco” in the brand name or as an appellation of origin would not be permitted on the label. This transition period is described in the regulatory text of this final rule. TTB believes that the 2-year transition period should provide affected label holders with adequate time to use up any old labels. Regulatory Flexibility Act TTB certifies that this regulation will not have a significant 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 Karen A. Thornton 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 1. The authority citation for part 9 continues to read as follows: Authority: 27 U.S.C. 205. Subpart C—Approved American Viticultural Areas 2. Section 9.59 is amended by: a. Removing paragraphs (c)(12) and (13); b. Redesignating paragraphs (c)(14) through

(21)as paragraphs (c)(17) through (24); and c. Adding new paragraphs (c)(12) through

(16)and (d). The additions read as follows: § 9.59 Arroyo Seco.

(c)* * *

(12)Then south following Paraiso Road to its intersection with an unnamed, light-duty road north of Clark Road in Section 20, T18S/R6E.

(13)Then east-southeast along the unnamed road for 0.3 mile to its intersection with an intermittent stream.

(14)Then southwesterly along the intermittent stream for 0.2 mile to its intersection with the western boundary of Section 21, T18S/R6E.

(15)Then south-southwest in a straight line for approximately 0.3 mile to the intersection of Clark Road and the southern boundary of Section 21, T18S/R6E.

(16)Then west-southwest along Clark Road for 0.2 mile to its intersection with an unnamed, light-duty road.

(d)*Transition period.* A label containing the words “Arroyo Seco” in the brand name or as an appellation of origin approved prior to September 24, 2021 may be used on wine bottled before August 25, 2023, if the wine conforms to the standards for use of the label set forth in § 4.25 or § 4.39(i) of this chapter in effect prior to September 24, 2021. 3. Section 9.139 is amended by: a. Redesignating paragraphs (c)(10) through

(22)as paragraphs (c)(18) through (30); b. Revising paragraphs (c)(1) through (9); and c. Adding new paragraphs (c)(10) through (17). The revisions and additions read as follows: § 9.139 Santa Lucia Highlands.

(c)* * *

(1)From the beginning point, the boundary follows Limekiln Creek for approximately 1.2 miles northeast to the 120-foot elevation contour.

(2)Then following the 120-foot elevation contour in a general southeasterly direction for approximately 0.9 mile to where it intersects with River Road.

(3)Then following River Road in a southeasterly direction for 0.3 mile to its intersection with an unimproved road near the marked 130-foot elevation.

(4)Then follow a straight line southeast to the terminus of the 110-foot elevation contour.

(5)Then follow a straight line southeast 0.9 mile, crossing onto the Gonzales map, to the Salinas River.

(6)Then follow the Salinas River in a south-southeast direction 0.7 mile, crossing onto the Palo Escrito map, to the intersection of the Salinas River and the 120-foot elevation contour.

(7)Then follow the 120-foot contour south for 1 mile, then southeast to its intersection with River Road.

(8)Then follow River Road east for 0.1 mile to its intersection with an unnamed, light-duty road.

(9)Then follow the unnamed road southeast for 0.2 mile to its intersection with the 160-foot elevation contour.

(10)Then follow the 160-foot elevation contour southeasterly for approximately 5.9 miles to its intersection with River Road.

(11)Then follow River Road southeasterly for approximately 1 mile to the intersection of River, Fort Romie, and Foothill Roads.

(12)Then following Foothill Road in a southeasterly direction for approximately 4 miles to the junction of Foothill Road and Paraiso Roads on the Soledad map.

(13)Then follow Paraiso Road in a southerly direction, crossing onto the Paraiso Springs map, to its intersection with an unnamed, light-duty road north of Clark Road in Section 20, T18S/R6E.

(14)Then follow the unnamed road east-southeast for 0.3 mile to its intersection with an intermittent stream.

(15)Then follow the intermittent stream in a southwesterly direction for 0.2 mile to its intersection with the western boundary of Section 21, T18S/R6E.

(16)Then follow a straight line south-southwest for 0.3 mile to the intersection of Clark Road and the southern boundary of Section 21, T18S/R6E.

(17)Then follow Clark Road west-southwest for 0.2 mile to its intersection with an unnamed, light-duty road. Signed: May 24, 2021. Mary G. Ryan, Administrator. Approved: May 28, 2021. Timothy E. Skud, Deputy Assistant Secretary (Tax, Trade, and Tariff Policy). [FR Doc. 2021-18208 Filed 8-24-21; 8:45 am]

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