400 Federal Register / Vol. 80, No. 3 / Tuesday, January 6, 2015 / Rules and Regulations 

■ 2. Amend § 404.903 by revising 

paragraphs (z) and (aa) to read as 

follows: 

§ 404.903 Administrative actions that are 

not initial determinations. 

* * * * * 

(z) Starting or discontinuing a 

continuing disability review; 

(aa) Issuing a receipt in response to 

your report of a change in your work 

activity; and 

* * * * * 

Subpart R—Representation of Parties 

■ 3. The authority citation for subpart R 

of part 404 continues to read as follows: 

Authority: Secs. 205(a), 206, 702(a)(5), and 

1127 of the Social Security Act (42 U.S.C. 

405(a), 406, 902(a)(5), and 1320a–6). 

■ 4. Amend § 404.1717 by revising 

paragraphs (a)(6) and (d)(1)(ii) to read as 

follows: 

§ 404.1717 Direct payment of fees to 

eligible non-attorney representatives. 

(a) * * * 

(6) Provides proof of and maintains 

continuous liability insurance coverage 

that is underwritten by an entity that is 

legally permitted to provide 

professional liability insurance in the 

States in which the representative 

conducts business. The policy must 

include coverage for malpractice claims 

against the representative and be in an 

amount we prescribe; and 

* * * * * 

(d) * * * 

(1) * * * 

(ii) Meet at all times the criminal 

background investigation criteria, as 

described in paragraph (a)(4) of this 

section; 

* * * * * 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart N—Determinations, 

Administrative Review Process, and 

Reopening of Determinations and 

Decisions 

■ 5. The authority citation for subpart N 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1631, and 1633 

of the Social Security Act (42 U.S.C. 

902(a)(5), 1383, and 1383b); sec. 202, Pub. L. 

108–203, 118 Stat. 509 (42 U.S.C. 902 note). 

■ 6. Revise § 416.1403 paragraphs 

(a)(24) and (25) to read as follows: 

§ 416.1403 Administrative actions that are 

not initial determinations. 

(a) * * * 

(24) Starting or discontinuing a 

continuing disability review; 

(25) Issuing a receipt in response to 

your report of a change in your earned 

income; and 

* * * * * 

Subpart O—Representation of Parties 

■ 7. The authority citation for subpart O 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1127, and 

1631(d) of the Social Security Act (42 U.S.C. 

902(a)(5), 1320a–6, and 1383(d)). 

■ 8. Amend § 416.1517 by revising 

paragraphs (a)(6), (d)(1)(ii), and (f)(1) to 

read as follows: 

§ 416.1517 Direct payment of fees to 

eligible non-attorney representatives. 

(a) * * * 

(6) Provides proof of and maintains 

continuous liability insurance coverage 

that is underwritten by an entity that is 

legally permitted to provide 

professional liability insurance in the 

States in which the representative 

conducts business. The policy must 

include coverage for malpractice claims 

against the representative and be in an 

amount we prescribe; and 

* * * * * 

(d) * * * 

(1) * * * 

(ii) Meet at all times the criminal 

background investigation criteria, as 

described in paragraph (a)(4) of this 

section; 

* * * * * 

(f) * * * 

(1) Did not meet the initial criteria for 

eligibility in paragraph (a)(1), (2), (3), or 

(5) of this section in a prior application 

period; or 

* * * * * 

[FR Doc. 2014–30921 Filed 1–5–15; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2014–0005; T.D. TTB–126; 

Ref: Notice No. 143] 

RIN 1513–AC07 

Expansion of the Fair Play 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) is expanding 

the approximately 33-square mile ‘‘Fair 

Play’’ viticultural area in El Dorado 

County, California, by 1,200 acres 

(approximately 2 square miles). The 

established viticultural area and the 

expansion area are both located entirely 

within the larger El Dorado and Sierra 

Foothills 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 

February 5, 2015. 

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 various 

authorities through Treasury 

Department Order 120–01 (Revised), 

dated December 10, 2013, to the TTB 

Administrator to perform the functions 

and duties in the administration and 

enforcement of this law. 

Part 4 of the TTB regulations (27 CFR 

part 4) authorizes the establishment of 

definitive viticultural areas and 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 the 

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 a name 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 3 / Tuesday, January 6, 2015 / Rules and Regulations 401 

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. Petitioners 

may use the same process to request 

changes involving established AVAs. 

Section 9.12 of the TTB regulations (27 

CFR 9.12) prescribes standards for 

petitions for modifying established 

AVAs. Petitions to expand an 

established AVA must include the 

following: 

• Evidence that the area within the 

proposed expansion area boundary is 

nationally or locally known by the name 

of the established AVA; 

• An explanation of the basis for 

defining the boundary of the proposed 

expansion area; 

• A narrative description of the 

features of the proposed expansion area 

that affect viticulture, such as climate, 

geology, soils, physical features, and 

elevation, that make the proposed 

expansion area similar to the 

established AVA and distinguish it from 

adjacent areas outside the established 

AVA boundary; 

• The appropriate United States 

Geological Survey (USGS) map(s) 

showing the location of the proposed 

expansion area, with the boundary of 

the proposed expansion area clearly 

drawn thereon; and 

• A detailed narrative description of 

the proposed expansion area boundary 

based on USGS map markings. 

Petition To Expand the Fair Play AVA 

TTB received a petition from Randy 

and Tina Rossi, owners of Saluti Cellars 

winery and vineyard, proposing that the 

established Fair Play AVA in El Dorado 

County, California, be expanded. The 

Fair Play AVA (27 CFR 9.168) was 

established by T.D. ATF–440, which 

was published in the Federal Register 

on February 26, 2001 (66 FR 11539). 

The Fair Play AVA contains 

approximately 250 acres of 

commercially producing vineyards and 

covers approximately 33 square miles in 

southern El Dorado County, California, 

around the small, unincorporated 

community of Fair Play. The proposed 

expansion area and the established AVA 

are both located within the El Dorado 

AVA (27 CFR 9.61), which, in turn, is 

within the larger, multicounty Sierra 

Foothills AVA (27 CFR 9.120). The Fair 

Play AVA and the proposed expansion 

area do not overlap any other 

established or proposed AVAs. 

The proposed expansion area is 

adjacent to the northeast corner of the 

established Fair Play AVA boundary 

and covers approximately 1,200 acres 

(approximately 2 square miles). One 

commercial vineyard, Saluti Cellars, is 

within the proposed expansion area. 

The petition included a letter from the 

president of the Fair Play Winery 

Association in support of the proposed 

expansion. 

According to the petition, the soils, 

topography, and climate of the proposed 

expansion area are similar to those of 

the established Fair Play AVA. The 

proposed expansion area and the 

established AVA are both regions of 

steep hillsides and ridge tops with 

elevations between 2,000 and 3,000 feet. 

The soils of the proposed expansion 

area and the established AVA are deep, 

well-drained sandy loams and coarse 

sandy loams derived mainly from 

granite, with the Holland, Musick, and 

Shaver soil series being the most 

prevalent soil series. Finally, the 

proposed expansion area and the Fair 

Play AVA both have growing seasons of 

between 230 and 250 days and receive 

between 35 and 40 inches of rain 

annually. 

Although the proposed expansion 

area is more similar to the Fair Play 

AVA than the surrounding regions, the 

proposed expansion area still shares 

some of the features of the surrounding 

El Dorado and Sierra Foothills AVAs. 

For example, the well-drained sandy 

loam soils that characterize the 

proposed expansion area are also found 

in limited amounts within the two 

larger AVAs, although the most 

common soils within the El Dorado and 

Sierra Foothills AVA are poorly drained 

volcanic soils. The proposed expansion 

area is a region of rolling hills that 

become progressively steeper, similar to 

the topography of the El Dorado and 

Sierra Foothills AVAs. However, the 

range of elevations within the smaller 

proposed expansion area is not as great 

as within the two larger AVAs, which 

have elevations ranging from 500 to 

3,500 feet. Finally, although the range of 

annual rainfall amounts and the 

growing season lengths within the 

proposed expansion area and the Fair 

Play AVA are within the ranges of those 

of the larger El Dorado and Sierra 

Foothills AVA, the wider range of 

elevations within the two larger AVAs 

results in a much wider range of 

precipitation amounts and growing 

season lengths. 

Notice of Proposed Rulemaking and 

Comments Received 

TTB published Notice No. 143 in the 

Federal Register on June 17, 2014 (79 

FR 34474), proposing to expand the Fair 

Play AVA. In the notice, TTB 

summarized the evidence from the 

petition regarding the name, boundary, 

and distinguishing features for the 

proposed expansion area. For a detailed 

description of the evidence relating to 

the name, boundary, and distinguishing 

features of the proposed expansion area, 

and for a comparison of the 

distinguishing features of the proposed 

expansion area to the surrounding areas 

and to the established Fair Play AVA, 

see Notice No. 143. 

In Notice No. 143, TTB solicited 

comments on the accuracy of the name, 

boundary, climatic, and other required 

information submitted in support of the 

petition. The comment period closed on 

August 18, 2014. TTB received no 

comments in response to Notice No. 

143. 

TTB Determination 

After careful review of the petition, 

TTB finds that the soil, climate, and 

topography evidence provided by the 

petitioner sufficiently demonstrates that 

although the proposed expansion area 

shares some of the broader 

characteristics of the larger El Dorado 

and Sierra Foothills AVAs, it is also 

similar to the established Fair Play AVA 

and should also be recognized as part of 

that AVA. Accordingly, under the 

authority of the FAA Act, section 

1111(d) of the Homeland Security Act of 

2002, and part 4 of the TTB regulations, 

TTB expands the 33-square mile ‘‘Fair 

Play’’ AVA to include the 

approximately 2-square mile expansion 

area as described in Notice No. 143, 

effective 30 days from the publication 

date of this document. 

Boundary Description 

See the narrative description of the 

boundary of the AVA expansion 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. 


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402 Federal Register / Vol. 80, No. 3 / Tuesday, January 6, 2015 / Rules and Regulations 

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 § 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 expansion of the Fair Play AVA 

will not affect any other existing AVA, 

and bottlers using ‘‘Fair Play,’’ ‘‘El 

Dorado,’’ or ‘‘Sierra Foothills’’ as an 

appellation of origin or in a brand name 

for wines made from grapes within the 

‘‘Fair Play,’’ ‘‘El Dorado,’’ or ‘‘Sierra 

Foothills’’ AVAs will not be affected by 

this expansion of the Fair Play AVA. 

The expansion of the Fair Play AVA 

will allow vintners to use ‘‘Fair Play,’’ 

‘‘El Dorado,’’ or ‘‘Sierra Foothills’’ as 

appellations of origin for wines made 

primarily from grapes grown within the 

expansion area 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 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 9.168 is amended by 

revising paragraphs (b), (c)(4) through 

(c)(7), (c)(12), and (c)(13) to read as 

follows: 

§ 9.168 Fair Play. 

(a) * * * 

(b) Approved maps. The four United 

States Geological Survey (USGS) 

1:24,000 scale topographic maps used to 

determine the boundary of the Fair Play 

viticultural area are titled: 

(1) Aukum, Calif., 1952 (photorevised 

1973); 

(2) Camino, CA, 1952 (photorevised 

1973); 

(3) Sly Park, CA, 1952 (photorevised 

1973); and 

(4) Omo Ranch, Calif., 1952 

(photorevised 1973). 

(c) * * * 

(4) The boundary continues east along 

Grizzly Flat Road to its intersection with 

the 2,200-foot contour line (‘‘Camino 

Quadrangle’’); 

(5) The boundary continues 

northeasterly and then easterly along 

the 2,200-foot contour line until the 

contour line intersects with Jackass 

Canyon Creek near the eastern boundary 

of Section 10, T. 9 N., R. 12. E., on the 

‘‘Camino Quadrangle’’ map; 

(6) The boundary then proceeds 

southeast along Jackass Canyon Creek, 

crossing over the southwestern corner of 

the ‘‘Sly Park’’ Quadrangle map and 

onto the ‘‘Omo Ranch’’ Quadrangle 

map, to the headwaters of the creek, 

then proceeds in a straight line 

southeast to Grizzly Flat Road in 

Section 24, T. 9 N., R. 12 E.; 

(7) The boundary continues east along 

Grizzly Flat Road until the road 

intersects with the range line between R. 

12 E. and R. 13 E. (‘‘Omo Ranch 

Quadrangle’’); 

* * * * * 

(12) The boundary continues west 

along the South Fork of the Cosumnes 

River to its intersection with the 

western boundary of Section 14, T. 8 N., 

R 11 E. (‘‘Aukum Quadrangle’’); 

(13) The boundary then proceeds 

north along the western boundary lines 

of Sections 14, 11, and 2, T. 8 N., R 11 

E., and then the western boundary lines 

of Sections 35 and 26, T. 9 N., R 11 E., 

to return to the beginning point 

(‘‘Aukum Quadrangle’’). 

Signed: October 14, 2014. 

John J. Manfreda, 

Administrator. 

Approved: November 18, 2014. 

Timothy E. Skud, 

Deputy Assistant Secretary, (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2014–30942 Filed 1–5–15; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 230 

RIN 0596–AD21 

Forest Land Enhancement Program 

(FLEP) 

AGENCY: Forest Service, USDA. 

ACTION: Final rule. 

SUMMARY: This final rule removes 

regulations for the Forest Land 

Enhancement Program (FLEP) from the 

Code of Federal Regulations in 

conformity with Sec. 8001 of the 

Agriculture Act of 2014 (2014 Farm 

Bill), in which Congress repealed FLEP. 

The Program’s funding authority 

expired in fiscal year 2007. 

DATES: The rule is effective March 9, 

2015. Submit comments by February 5, 

2015. 

ADDRESSES: Written comments 

concerning this rule should be 

addressed to Karl R. Dalla Rosa, 201 

14th Street SW., Washington, DC 20024, 

Room 3SC. Comments may also be sent 

via email to kdallarosa@fs.fed.us 

All comments, including names and 

addresses when provided, are placed in 

the record and are available for public 

inspection and copying. The public may 

inspect comments received at 201 14th 

Street, SW., Washington, DC 20024, 

Room 3SC. Visitors are encouraged to 

call ahead to 202–205–6206 to facilitate 

entry to the building. 

FOR FURTHER INFORMATION CONTACT: Karl 

R. Dalla Rosa, Forest Stewardship 


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