59446 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 738 

[Docket No. 230815–0195] 

RIN 0694–AJ25 

Expansion of Nuclear Nonproliferation 

Controls on the People’s Republic of 

China and Macau; Correction 

Correction 

In rule document 2023–18047 

beginning on page 56763 of the issue of 

Monday, August 21, 2023, make the 

following correction: 

Supplement No. 1 to Part 738 

[Corrected] 

■ On page 56763, following 

Amendatory instruction 2 at the bottom 

of the page, the table entitled 

COMMERCE COUNTRY CHART is 

corrected to read as set forth below: 

COMMERCE COUNTRY CHART

[Reason for control] 

Countries 

Chemical & 

biological 

weapons 

Nuclear 

nonproliferation National 

security 

Missile 

tech 

Regional 

stability 

Firearms 

convention 

Crime 

control 

Antiterrorism 

CB1 CB2 CB3 NP1 NP2 NS1 NS2 MT1 RS1 RS2 FC1 CC1 CC2 CC3 AT1 AT2 

*****

China ..................... X X X X X X X X X X .................... X .......... X .......... ..........

* * * * * 

Macau .................... X X X X X X X X X X .................... X .......... X .......... ..........

* * * * * 

[FR Doc. C1–2023–18047 Filed 8–28–23; 8:45 am] 

BILLING CODE 0099–10–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9979] 

RIN 1545–BQ81 

Additional Guidance on Low-Income 

Communities Bonus Credit Program 

Correction 

■ In Rule Document 2023–17078, 

appearing on pages 55506 to 55548 in 

the issue of Tuesday, August 15, 2023, 

in the second column, on page 55540, 

amendatory instruction 2 is corrected to 

read as follows: 

■ Par. 2. Sections 1.48(e)–0 and 1.48(e)– 

1 are added to read as follows: 

[FR Doc. C1–2023–17078 Filed 8–28–23; 8:45 am] 

BILLING CODE 0099–10–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2022–0013; T.D. TTB–189; 

Ref: Notice No. 218] 

RIN 1513–AC91 

Establishment of the Winters 

Highlands Viticultural Area 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Final rule; Treasury decision. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) establishes the 

approximately 7,296-acre ‘‘Winters 

Highlands’’ viticultural area in portions 

of Solano and Yolo Counties in 

California. The Winters Highlands 

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 

September 28, 2023. 

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 


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Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Rules and Regulations 59447 

1Heat summation is calculated as the sum of the 

mean monthly temperature above 50 degrees 

Fahrenheit (F) during the growing season from 

April 1 to October 31 and is expressed as growing 

degree days (GDDs). A baseline of 50 degrees F is 

used because there is almost no shoot growth below 

this temperature. See Albert J. Winkler et al., 

General Viticulture (Berkeley: University of 

California Press, 2nd ed. 1974), pages 67–71. 

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 grapegrowing 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. 

Petition To Establish the Winters 

Highlands AVA 

TTB received a petition on behalf of 

Berryessa Gap Vineyards proposing the 

establishment of the ‘‘Winters 

Highlands’’ AVA in portions of Solano 

and Yolo counties in California. The 

proposed Winters Highlands AVA 

covers approximately 7,296 acres and is 

not located within any other AVA. 

There are planted vineyards covering 

approximately 134 acres within the 

proposed AVA, as well as three 

wineries. According to the petition, an 

additional 60 acres of vineyards are 

planned for planting in the next few 

years. According to the petition, the 

distinguishing features of the proposed 

Winters Highlands AVA are its climate, 

specifically, its temperature, 

precipitation, and relative air humidity, 

and its soils. 

According to the petition, the 

proposed AVA is located on the eastern 

side of the Coast Ranges, which provide 

shelter from most of the cool air blowing 

eastward from the Pacific Ocean. 

However, the Berryessa Gap, a break in 

the Coast Ranges where Putah Creek 

flows into the manmade Lake Berryessa, 

does allow some cool air from the 

Pacific Ocean directly into the proposed 

AVA, particularly in the evenings. The 

petition states that, as a result, the 

proposed AVA tends to have cooler 

evenings than the more inland regions 

to the north. The petition also says that 

the proposed AVA has more growing 

degree days 1 (GDDs) than surrounding 

areas and a wide difference between 

daily minimum and maximum 

temperatures. This set of conditions 

promotes the growth of Mediterraneantype grapes. 

The GDD data indicates that the 

proposed Winters Highlands AVA has 

higher average GDD accumulations than 

all surrounding regions except those to 

the northeast. The proposed AVA has a 

greater average monthly maximum 

temperature than all the other regions, 

except the Woodlands region to the 

northeast from May to September, when 

temperature differences are most 

pronounced. From March to September, 

the average monthly minimum 

temperature of the proposed AVA is 

similar to locations east and northeast of 

the proposed AVA and higher than 

temperatures in the other surrounding 

locations. The petition includes frostfree data that indicates the proposed 

AVA has more frost-free days than any 

of the other locations except the region 

east of the proposed AVA. According to 

the petition, frost-free days are the 

criterion that determines the length of 

the growing season for wine grape 

production regions, since spring frost 

can damage the newly emerged shoots 

and fall frost can lead to berry damage 

and aging of the leaves, or leaf 

senescence. Precipitation amounts in 

the proposed AVA were similar to 

amounts in the region southeast of the 

proposed AVA; greater than the 

amounts in the regions to the southwest, 

east, and northeast; and lower than the 

amounts to the west during winter. 

Precipitation amounts greatly affect the 

level of water retained in the soil and 

decisions about vineyard irrigation 

during the growing season. Data for 

average relative air humidity suggests 

the proposed Winters Highlands AVA 

has lower humidity than all the 

surrounding regions throughout the 

year, except during October and 

November, when the humidity rises 

slightly and becomes similar to that of 

the region northeast of the proposed 

AVA. Air humidity during the growing 

season profoundly influences pest and 

disease control in the vineyards. 

The proposed Winters Highlands 

AVA contains soils that are dominated 

by fine clay or loamy alfisols and 

inceptisols with gentle to steep slopes 

and a mean annual soil temperature 

between 15 to 22 degrees C. The petition 

also describes the soils as warm and 

somewhat dry in the summer and cool 

and wet in the winter. The soils within 

the proposed AVA are mostly well or 

moderately well drained, which is 

critical for root growth and respiration. 

The petition also states that soils within 

the proposed AVA generally have a 

lower soil pH than those to the east. A 

higher soil pH could affect the 

availability of soil nutrients. 

The petition states that soils found in 

the northeastern portion of the proposed 

AVA are very deep and derived from 

mixed sources on the alluvial fan, while 

soils found on the western and 

southeastern portions are relatively 

shallow and formed on the terraces from 

sedimentary rocks. North and south of 

the proposed AVA, the soils have a 

similar profile to those of the proposed 

AVA. However, according to the 

petition, soils with poor or somewhat 

poor drainage are more prevalent in the 

region to the north of the proposed 

AVA, while soils derived from 

sedimentary rocks, rather than 

alluvium, are more common in the 

region to the south. The regions east and 


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59448 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Rules and Regulations 

southeast of the proposed AVA are 

dominated by soils formed from the 

alluvium of mixed sources. To the 

southwest of the proposed AVA, soils 

are mainly loamy or clay mollisols, 

vertisols, ultisols and alfisols on alluvial 

fans and terraces. 

Notice of Proposed Rulemaking and 

Comments Received 

TTB published Notice No. 218 in the 

Federal Register on November 28, 2022 

(87 FR 72932), proposing to establish 

the Winters Highlands AVA. In the 

notice, TTB summarized the evidence 

from the petition regarding the name, 

boundary, and distinguishing features of 

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. 218. 

In Notice No. 218, TTB solicited 

comments on the sufficiency and 

accuracy of the name, boundary, and 

other required information submitted in 

support of the petition. The comment 

period closed on January 27, 2023. 

In response to Notice No. 218, TTB 

received one comment. The commenter 

expressed their full support for the 

AVA, but also stated that the proposed 

AVA should be expanded to the west to 

incorporate additional area. They stated 

that they have 2 ranches in the area that 

they plan for future vineyards and 

would like the AVA to include their 

planned vineyards that border the 

proposed area. The commenter did not 

provide additional information 

regarding how the name, climate, and 

soil evidence might apply to the 

expansion area. 

TTB Determination 

After careful review of the petition 

and the comment received in response 

to Notice No. 218, TTB finds that the 

evidence provided by the petitioner 

supports establishing the Winters 

Highlands AVA as proposed. TTB is not 

expanding the boundary of the AVA as 

suggested by the comment due to a lack 

of information to support such a change. 

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 ‘‘Winters 

Highlands’’ AVA in Solano and Yolo 

Counties, California, effective 30 days 

from the publication date of this 

document. 

Boundary Description 

See the narrative description of the 

boundary of the Winters Highlands 

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. The Winters Highlands 

AVA boundary 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 

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 the Winters 

Highlands AVA, its name, ‘‘Winters 

Highlands,’’ will be recognized as a 

name of viticultural significance under 

§ 4.39(i)(3) of the TTB regulations (27 

CFR 4.39(i)(3)). The text of the 

regulations clarifies this point. 

Consequently, wine bottlers using the 

name ‘‘Winters Highlands’’ 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. 

Establishing the Winters Highlands 

AVA will not affect any existing AVA. 

Establishing the Winters Highlands 

AVA will allow vintners to use 

‘‘Winters Highlands’’ as an appellation 

of origin for wines made primarily from 

grapes grown within the Winters 

Highlands AVA if the wines meet the 

eligibility requirements for the 

appellation. 

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 

Vonzella C. Johnson 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. Add § 9.290 to read as follows: 

§ 9.290 Winters Highlands. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Winters Highlands.’’ For purposes of 

part 4 of this chapter, ‘‘Winters 

Highlands’’ is a term of viticultural 

significance. 

(b) Approved maps. The four United 

States Geological Survey (USGS) 

1:24,000 scale topographic maps used to 

determine the boundary of the Winters 

Highlands viticultural area are: 

(1) Winters, CA, 2018; 

(2) Allendale, CA, 2018; 

(3) Mount Vaca, CA, 2018; and 

(4) Monticello Dam, CA, 2018. 

(c) Boundary. The Winters Highlands 

viticultural area is located in portions of 

Solano and Yolo Counties, California. 

The boundary of the Winters Highlands 

viticultural area is as follows: 

(1) The boundary begins on the 

Winters map at the intersection of Putah 


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Creek Road and Wintu Way. From the 

beginning point, proceed southeasterly 

along Wintu Way, crossing onto the 

Allendale map, to the terminus of Wintu 

Way; then 

(2) Proceed south-southwest in a 

straight line for 1.05 miles to the eastern 

terminus of Morse Lane; then 

(3) Proceed westerly along Morse 

Lane to its intersection with Olive 

School Lane; then 

(4) Proceed north-northwest in a 

straight line for 2.52 miles, crossing over 

the northeastern corner of the Mount 

Vaca map and onto the Monticello Dam 

map, to the line’s intersection with 

Highway 128, approximately 2.78 miles 

west of the intersection of Highway 128 

and County Road 89; then 

(5) Proceed north in a straight line to 

the intersection of the line with the 

Chickahominy Slough; then 

(6) Proceed east-southeast along the 

Chickahominy Slough, crossing onto the 

Winters map, to its intersection with the 

170-foot elevation contour; then 

(7) Proceed south-southeasterly along 

the 170-foot elevation contour to its 

intersection with the Winters Canal; 

then 

(8) Proceed south along the Winters 

Canal to its intersection with the 

terminus of an unnamed local road; 

then 

(9) Proceed due west in a straight line 

to the 200-foot elevation contour; then 

(10) Proceed south in a straight line to 

the northern terminus of County Road 

88; then 

(11) Proceed south along County Road 

88 to its southern terminus and 

continue south in a straight line to 

Valley Oak Drive; then 

(12) Proceed southerly along Valley 

Oak Drive to its intersection with 

Highway 128; then 

(13) Proceed southeasterly in a 

straight line for 1.04 miles, returning to 

the beginning point. 

Signed: August 21, 2023. 

Mary G. Ryan, 

Administrator. 

Approved: August 22, 2023. 

Thomas C. West, Jr., 

Deputy Assistant Secretary (Tax Policy). 

[FR Doc. 2023–18588 Filed 8–28–23; 8:45 am] 

BILLING CODE 4810–31–P 

SELECTIVE SERVICE SYSTEM 

32 CFR Part 1660 

RIN 3240–AA02 

Release of Official Information in 

Litigation and Presentation of Witness 

Testimony by Selective Service 

System (SSS) Personnel (Touhy 

Regulation) 

AGENCY: United States Selective Service 

System. 

ACTION: Final rule. 

SUMMARY: The Selective Service System 

(SSS) is finalizing regulations to ensure 

consistent processing of Touhy requests; 

clarify the responsibilities of all parties 

in the Touhy process; and provide 

additional information about criteria 

that SSS and its Components should 

consider in the Touhy process. 

DATES: This rule is effective September 

28, 2023. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Daniel A. Lauretano, Sr., General 

Counsel, 703–605–4012, dlauretano@

sss.gov. 

SUPPLEMENTARY INFORMATION: SSS 

published a proposed rule on June 23, 

2023 (88 FR 41051). No public 

comments were received and SSS is 

finalizing this rule without change. 

A. Summary of New Regulatory 

Provisions and Their Impact 

The final rule creates Touhy 

regulations for the SSS to: (1) Promote 

consistent processing of Touhy requests 

among the SSS and SSS Components; 

(2) clarify the responsibilities of all 

parties in the Touhy process; and (3) 

provide additional information about 

criteria that SSS should consider in the 

Touhy process. The final rule sets forth 

the procedures to be followed with 

respect to a demand seeking official 

information or employee testimony 

relating to official information for use in 

a legal proceeding. The final rule also 

sets forth certain definitions, it applies 

to all SSS personnel (see § 1660.3), in 

particular, members and personnel of 

the Office of the Director, National 

Headquarters Directorates and Offices, 

Region Offices, the Data Management 

Center, the National Appeals Board, 

District Appeals Boards, Local Boards 

(including panels, multicounty, and 

intracounty boards), and all other 

organizational entities within the SSS 

(referred to collectively in this part as 

the ‘‘SSS Components’’). 

The final rule is intended to provide 

guidance for the internal operations of 

the SSS, without displacing the 

responsibility of the Department of 

Justice to represent the United States in 

litigation. The final rule does not apply 

to the release of official information or 

the presentation of witness testimony in 

connection with: 

(1) Administrative proceedings or 

investigations conducted by the SSS. 

(2) Security-clearance adjudicative 

proceedings. 

(3) Administrative proceedings 

conducted by or for the Equal 

Employment Opportunity Commission 

or the Merit Systems Protection Board. 

(4) Negotiated grievance proceedings 

conducted in accordance with a 

collective bargaining agreement. 

(5) Requests by Government counsel 

representing the United States or a 

Federal agency in litigation. 

(6) Disclosures to Federal, State, local, 

or foreign authorities related to 

investigations or other law-enforcement 

activities conducted by a Federal lawenforcement officer, agent, or 

organization. 

The final rule does not affect in any 

way existing laws or SSS programs 

governing: 

(1) The release of official information 

or the presentation of witness testimony 

in grand jury proceedings. 

(2) Freedom of Information Act 

requests submitted pursuant in 

accordance with 32 CFR part 1662, even 

if the records sought are related to 

litigation. 

(3) Privacy Act requests submitted 

pursuant in accordance with 32 CFR 

part 1665, even if the records sought are 

related to litigation. 

(4) The release of official information 

outside of litigation. 

The final rule does not create any 

right or benefit (substantive or 

procedural) enforceable by law against 

the SSS or the United States. 

The final rule defines: Court, 

Demand, Disclosure, Legal advisor, 

Litigation, Litigation request, Official 

information, Personnel, and SSS 

Components. 

The final rule outline the SSS policy 

to make official factual information, 

both testimonial and documentary, 

reasonably available for use in Federal 

courts, State courts, foreign courts, and 

other governmental proceedings unless 

that information is classified, privileged, 

or otherwise protected from public 

disclosure. It makes clear that SSS 

personnel shall not provide such official 

information, testimony, or documents, 

submit to interview, or permit a view or 

visit, without the authorization required 

by this part. It stresses that SSS 

personnel shall not provide, with or 

without compensation, opinion or 

expert testimony concerning official 

SSS information, subjects, personnel, or 


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