[Federal Register: January 24, 2005 (Volume 70, Number 14)]
[Proposed Rules]
[Page 3328-3332]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja05-14]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 28]
RIN: 1513-AA79
Proposed Establishment of the High Valley Viticultural Area
(2003R-361P)
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 proposes to
establish the ``High Valley'' viticultural area in Lake County,
California. Located above the eastern shore of Clear Lake near the town
of Clearlake Oaks, the proposed 14,000-acre area is about 85 miles
north of San Francisco, and is largely within the established Clear
Lake and North Coast viticultural areas. We designate viticultural
areas to allow vintners to better describe the origin of their wines
and to allow consumers to better identify wines they may purchase. We
invite comments on this proposed addition to our regulations.
DATES: We must receive written comments on or before March 25, 2005.
ADDRESSES: You may send comments to any of the following addresses:
Chief, Regulations and Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 28, P.O. Box 14412,
Washington, DC 20044-4412.
202-927-8525 (facsimile).
nprm@ttb.gov (e-mail).
http://www.ttb.gov/alcohol/rules/index.htm. An online
comment form is posted with this notice on our Web site.
http://www.regulations.gov (Federal e-rulemaking portal;
follow instructions for submitting comments).
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive about this proposal by appointment at
the TTB Library, 1310 G Street, NW., Washington, DC 20220. To make an
appointment, call 202-927-2400. You may also access copies of the
notice and comments online at http://www.ttb.gov/alcohol/rules/index.htm
.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
FOR FURTHER INFORMATION CONTACT: N. A. Sutton, Program Manager,
Regulations and Procedures Division, Alcohol and Tobacco Tax and Trade
Bureau, 925 Lakeville St., No. 158, Petaluma, CA 94952; phone 415-271-
1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide the consumer with adequate information regarding a product's
identity and prohibits the use of misleading information on those
labels. The FAA Act also authorizes the Secretary of the Treasury to
issue regulations to carry out its provisions. The Alcohol and Tobacco
Tax and Trade Bureau (TTB) administers these regulations.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and the use
[[Page 3329]]
of their names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains
the list of approved viticultural areas.
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 distinguishable by geographical features, the boundaries
of which have been recognized and defined 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 its geographic origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area 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 outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.3(b) of the TTB regulations requires
the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, elevation, physical features, and soils, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
High Valley Petition
TTB has received a petition from Kevin Robinson of Brassfield
Estate Winery proposing a new viticultural area to be called ``High
Valley'' in Lake County, California. Located about 85 miles north of
San Francisco, the proposed 14,000-acre viticultural area, with
approximately 1,000 acres planted to vines, sits above the eastern
shore of Clear Lake, near the town of Clearlake Oaks.
The proposed High Valley viticultural area's boundary encompasses
the largely enclosed, elongated bowl-shaped High Valley basin and the
surrounding mountain ridges. The proposed area measures about 8.5 miles
east-to-west and 3 miles north-to-south, with elevations between 1,600
and approximately 3,000 feet.
The proposed High Valley viticultural area is largely within the
established Clear Lake viticultural area (27 CFR 9.99) in Lake County.
The Clear Lake area is, in turn, entirely within the multi-county North
Coast (27 CFR 9.30) viticultural area. To encompass the mountain ridges
surrounding the High Valley, a small east-northeast portion of the
proposed High Valley viticultural area extends beyond the Clear Lake
and North Coast areas' common eastern boundaries.
Below, we summarize the evidence presented in the petition.
Name Evidence
The ``High Valley,'' ``High Valley Road,'' and ``High Valley
Ridge'' names all appear on the Clearlake Oaks, California USGS
Quadrangle map, and on the California State Automobile Association's
``Mendocino and Sonoma Coast Region'' February 1999 map. The 2002 ``SBC
Pacific Bell Directory'' lists three local businesses that incorporate
``High Valley'' into their name. The petition states that the ``High
Valley'' name is the popular and historic reference used to identify
the region. The petition's reference section lists Tom Butler's 1960
manuscript, ``High Valley Memories,'' which is on file at the Lake
County Historical Courthouse Museum.
Boundary Evidence
The proposed High Valley area's boundary line encompasses a 1,600-
foot minimum elevation, according to the USGS maps, delineating the
proposed area from adjacent lower areas. The following table includes
information from the USGS maps, and provides a summary of geographical
points found in the lower elevations surrounding the proposed
viticultural area.
----------------------------------------------------------------------------------------------------------------
Elevation in feet
Geographical area Direction from proposed High Valley boundary on USGS map
----------------------------------------------------------------------------------------------------------------
Clear Lake..................................... West........................................ 1,326
Long Valley.................................... North....................................... 1,200
North Fork of Cache Creek...................... East........................................ 1,100
Clearlake Oaks Township........................ South....................................... 1,400
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The petition explains that the alpine ridges of High Valley create
a mountainside grape-growing environment not found beyond the proposed
boundaries. The majority of the proposed area's vineyards are planted
primarily on these highland slopes, with the remainder on the western
valley floor.
According to the petition, early viticultural efforts in the High
Valley area ceased with Prohibition, and walnuts, prunes, green beans,
and other crops became the area's popular agricultural commodities. The
petition states that approximately 25 very old ``centennial vines''
(possibly zinfandel) still exist on the southeast ridge above the
valley floor.
Distinguishing Features
Topography
The High Valley basin sits between 1,700 and 1,800 feet in
elevation, as shown on USGS maps. To the north, the High Valley Ridge
rises to over 3,000 feet in elevation, while the east, south, and west
ridges surrounding the valley average between 2,200 and 2,400 feet in
height. According to the USGS maps, the lowest elevation within the
proposed boundaries lies at the 1,600-foot contour line, which forms
part of the area's southern boundary.
The petition explains that the proposed High Valley viticultural
area boundary trends east-west and includes the ridges surrounding the
basin. According to the petition, this transverse valley orientation,
rarely found in the California Coastal Range, contributes to some of
the distinctive climatic features of the proposed area.
[[Page 3330]]
Climate
The petition provided weather station data from several locations
within the proposed High Valley viticultural area, including vineyards
on the area's southeastern and western mountain ridges, and on the
eastern and western portions of the valley floor. Using this data, the
petition states that the proposed High Valley area's climate is cooler
than those in the surrounding viticultural areas of Lake County.
The Winkler degree-day heat summation method of climate
classification, the petition notes, classifies High Valley as a Region
3 climate and occasionally a cooler Region 2, depending upon the year
and a vineyard's location within the proposed area. Amber Knolls, a
grape-growing region approximately 5 miles west of High Valley's
proposed boundary, has consistently warmer growing season temperatures,
and is frequently a Region 4 climate in the degree-day classification
system, according to the Lake County weather data provided in the
petition.
The petitioner explains that High Valley's cool growing climate
results from the valley's east-west orientation, High Valley Ridge's
topography, and the perpetual ``wind machine'' generated from the Clear
Lake basin. The high east-west ridges above the valley trap the cooling
afternoon breezes as they blow in from the Clear Lake basin. Also, the
cooling mountain-valley winds from the high northern elevations of the
Mendocino National Forest drift down the ridges to the valley floor.
The High Valley area, according to the petition, is one of the coolest
grape-growing regions in Lake County, with a frost season that
frequently extends into June. The grape varietals planted in the
proposed area reflect this cooler and shorter growing season.
The petition presents limited rainfall data for the years 2000
through May 2003 and documents a wide variation in annual precipitation
in High Valley. This data shows that the proposed High Valley
viticultural area received 18 inches of precipitation in both 2000 and
2001, 29 inches in 2002, and 35 inches from January through May 2003.
The petition states that, in recent years, other Lake County grape-
growing regions received more precipitation than the proposed High
Valley viticultural area. For example, the petition notes the following
average precipitation amounts: Red Hills, 24 to 40 inches; Kelseyville,
46 inches; and the Putah Creek basin, 47 inches.
Geology
Originally a small east-west trending fault basin with drainage to
the east, volcanic activity altered High Valley's shape and created a
series of high ridges along its eastern side, forming the valley's
largely enclosed basin and redirecting the valley's drainage westward
into Clear Lake. This volcanic activity also created Tule Lake, a small
lake on the valley's central floor, as well as Round Mountain, once an
active volcanic cinder cone rising 400 feet above the northern valley
floor.
The petition notes that the dominant rock types in the proposed
High Valley viticultural area are Jurassic sedimentary rocks of the
Franciscan Complex, basalt flows, and Quaternary volcanic deposits. As
explained in the petition, the Franciscan Complex forms the base
material and most of the exposed rock in the southern ridges and
western portions of High Valley, while the Quaternary volcanics overlay
the basalts found throughout the valley's eastern half. Round Mountain
is a prominent High Valley feature of the Quaternary volcanics,
according to the petition.
Soils
The petition notes that the two primary soil types of High Valley
are weathered volcanic residue and Franciscan Complex weathered
sandstone, shale, or phyllitic rocks. The east side of the proposed
area contains soils derived primarily from volcanics, while the west
side contains soils from Jurassic to Cretaceous sedimentary and
phyllitic source material.
The petition states that the four basic soil formations within the
proposed viticultural area include (1) Franciscan Hills that form the
southern and western boundaries, (2) the alluvial basin of High Valley,
(3) the alluvial terrace along the southeast boundary, and (4) the
volcanic ridges along the area's northeastern portion near Round
Mountain.
Wolfcreek loam soil, a very deep well-drained clay to sandy loam
with moderately slow permeability, covers most of the High Valley
floor, according to the petition. The eastern half of the proposed High
Valley viticultural area contains Konocti variants, Konocti, Hambright,
Benridge, and Sodabay Series soils. The petition notes that the Maymen,
Hopland, and Mayacama Series soils dominate the southeast region of the
proposed High Valley area. The western hills and ridges contain
primarily Millsholm, Bressa, Hopland, Estel, and Maymen Series soils.
According to the petition, while the High Valley soils are
permeable in mild and moderately-warm to warm temperatures, Big Valley
soils allow only moderately-warm to warm temperature permeation. The
petition adds that the soils of High Valley's slopes and ridges permit
excellent drainage, unlike Big Valley's less favorable soil drainage
characteristics. Further, the vine-planted slopes of the proposed High
Valley viticultural area incline about 30 percent, comparatively
steeper than the 0 to 2 percent incline of Big Valley vineyards,
according to the petition.
Water Resources
The petition asserts that the proposed High Valley area contains
aquifers and natural springs to meet its irrigation needs. The limited
capability of Schindler Creek to take runoff out of High Valley
contributes to the valley's unusually high water table. The springs of
the valley's western and eastern mountain slopes and canyons flow down
to the valley floor, which also contains springs, as well as numerous
ponds, according to the petition.
Overlapping Boundaries
The proposed High Valley viticultural area lies almost entirely
within the Clear Lake viticultural area, which surrounds the large lake
of that name in Lake County, California. In turn, the Clear Lake
viticultural area is entirely within the larger, multi-county North
Coast viticultural area. A portion of the proposed High Valley area
lies outside of the two larger areas. The following table shows the
overlapping relationships by acreage and percentage.
------------------------------------------------------------------------
Percentage of High
Acreage of area Valley area in
Viticultural area name within High Valley this area
area (percent)
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North Coast..................... 11,651 81.6
Clear Lake...................... 11,520 80.7
Outside any viticultural area... 2,622 18.4
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[[Page 3331]]
The North Coast and Clear Lake viticultural areas share a portion
of their east boundary line, which runs diagonally northwest to
southeast through the eastern portion of the proposed High Valley
viticultural area. This common boundary line extends straight northwest
from the northwest corner of section 1, T13N, R7W, on the Benmore
Canyon map, which is outside the proposed High Valley southeastern
boundary line, to Round Mountain in section 21, T14N, R7W, on the
Clearlake Oaks map. At the peak of Round Mountain, this shared boundary
line divides. The North Coast viticultural area boundary line runs
straight north-northwest, while the Clear Lake viticultural area
extends straight northwest. TTB has determined that the difference in
overlapping acreage between the two viticultural areas, above Round
Mountain, is less than 1 percent when overlaid with the proposed High
Valley viticultural area boundary lines.
To the east of the established North Coast and Clear Lake
viticultural areas' common boundary line, the proposed High Valley
viticultural area's east and northeast sections extend beyond any
established viticultural area. This 2,622-acre, predominantly
mountainous region includes the eastern ridges that surround High
Valley, according to the USGS maps. The east side of Round Mountain and
a small portion of the valley floor also lie outside the North Coast
and Clear Lake viticultural areas.
This High Valley eastern area, beyond the North Coast and Clear
Lake boundary line overlap, possesses distinguishing geographical
features similar to the High Valley's western region, according to the
petition. The petition states that the portion of the proposed area
outside the established Clear Lake and North Coast viticultural areas
contains the mountainous terrain and high ridges that make High Valley
an enclosed basin with distinct watershed boundaries. The valley floor
to the east of Round Mountain is the natural extension of the valley,
with similar elevations and topography, as noted on the USGS maps.
Soils derived primarily from basalts occur throughout the proposed area
from Schindler's Creek east to the boundary line.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner(s) provided the required maps, and we list them
below in the proposed regulatory text.
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. If we establish this proposed viticultural area, its
name, ``High Valley,'' will be recognized as a name of viticultural
significance. Consequently, wine bottlers using ``High Valley'' 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 viticultural area's name as an appellation of
origin. The proposed part 9 regulatory text set forth in this document
specifies the ``High Valley'' name as a term of viticultural
significance for purposes of part 4 of the TTB regulations.
For a wine to be eligible to use as an appellation of origin the
name of a viticultural area specified in part 9 of the TTB regulations,
at least 85 percent of the grapes used to make the wine must have been
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 to use the viticultural area name as an appellation of origin
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 viticultural area name
appears in another reference on the label in a misleading manner, the
bottler would have to obtain approval of a new label. Accordingly, if a
new label or a previously approved label uses the name ``High Valley''
for a wine that does not meet the 85 percent standard, the new label
will not be approved, and the previously approved label will be subject
to revocation, upon the effective date of the approval of the High
Valley viticultural area.
Different rules apply if a wine has a brand name containing a
viticultural area 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.
Public Participation
Comments Invited
We invite comments from interested members of the public on whether
we should establish the proposed viticultural area. We are also
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, climactic, and other required information submitted in
support of the petition. Please provide any available specific
information in support of your comments.
Because of the potential impact of the establishment of the
proposed High Valley viticultural area on brand labels that include the
words ``High Valley'' as discussed above under Impact on Current Wine
Labels, we are particularly interested in comments regarding whether
there will be a conflict between the proposed area 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
negative economic impact that approval of the proposed viticultural
area will have on an existing viticultural enterprise. We are also
interested in receiving suggestions for ways to avoid any conflicts,
for example by adopting a modified or different name for the
viticultural area.
Submitting Comments
Please submit your comments by the closing date shown above in this
notice. Your comments must include this notice number and your name and
mailing address. Your comments must be legible and written in language
acceptable for public disclosure. We do not acknowledge receipt of
comments, and we consider all comments as originals. You may submit
comments in one of five ways:
Mail: You may send written comments to TTB at the address
listed in the ADDRESSES section.
Facsimile: You may submit comments by facsimile
transmission to 202-927-8525. Faxed comments must--
(1) Be on 8.5- by 11-inch paper;
(2) Contain a legible, written signature; and
(3) Be no more than five pages long. This limitation assures
electronic access to our equipment. We will not accept faxed comments
that exceed five pages.
E-mail: You may e-mail comments to nprm@ttb.gov. Comments
transmitted by electronic mail must--
(1) Contain your e-mail address;
(2) Reference this notice number on the subject line; and
(3) Be legible when printed on 8.5- by 11-inch paper.
Online form: We provide a comment form with the online
copy of this notice on our Web site at http://www.ttb.gov/alcohol/rules/index.htm.
Select the ``Send comments via e-mail'' link under
this notice number.
Federal e-Rulemaking Portal: To submit comments to us via
the Federal e-rulemaking portal, visit http://www.regulations.gov and
follow the
[[Page 3332]]
instructions for submitting comments. 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, in light of
all circumstances, whether to hold a public hearing.
Confidentiality
All submitted material is part of the public record and subject to
disclosure. Do not enclose any material in your comments that you
consider confidential or inappropriate for public disclosure.
Public Disclosure
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive by appointment at the TTB Library at
1310 G Street, NW., Washington, DC 20220. You may also obtain copies at
20 cents per 8.5- x 11-inch page. Contact our librarian at the above
address or telephone 202-927-2400 to schedule an appointment or to
request copies of comments.
For your convenience, we will post this notice and any comments we
receive on this proposal on the TTB Web site. We may omit voluminous
attachments or material that we consider unsuitable for posting. In all
cases, the full comment will be available in the TTB Library. To access
the online copy of this notice, visit http://www.ttb.gov/alcohol/rules/index.htm.
Select the ``View Comments'' link under this notice number
to view the posted comments.
Regulatory Flexibility Act
We certify 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
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866, 58 FR 51735. Therefore, it requires
no regulatory assessment.
Drafting Information
N.A. Sutton of the Regulations and Procedures Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend
title 27, chapter 1, 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.
2. Amend subpart C by adding Sec. 9.------ to read as follows:
Subpart C--Approved American Viticultural Areas
Sec. 9.------ High Valley.
(a) Name. The name of the viticultural area described in this
section is ``High Valley''. For purposes of part 4 of this chapter,
``High Valley'' is a term of viticultural significance.
(b) Approved Maps. The appropriate maps for determining the
boundaries of the High Valley viticultural area are three United States
Geological Survey (USGS) 1:24,000 scale topographic maps. They are
titled:
(1) Clearlake Oaks Quadrangle, California--Lake County; edition of
1958; photorevised 1975, minor revision 1994;
(2) Benmore Canyon Quadrangle, California--Lake County; provisional
edition of 1989, minor revision 1994; and
(3) Lucerne Quadrangle, California--Lake County; edition of 1958,
photorevised 1975, minor revision 1994.
(c) Boundary. The High Valley viticultural area is located in Lake
County, California, near the village of Clearlake Oaks. The boundary of
the High Valley viticultural area is as described below:
(1) The point of beginning is on the Clearlake Oaks map on the
northern boundary line of section 16 (also the southern boundary of the
Mendocino National Forest), T14N, R8W, at the intersection of High
Valley Road and the 3,200-foot elevation line;
(2) From the beginning point, proceed 2.4 miles due east along the
northern boundary lines of sections 16, 15, and 14 (also the southern
boundary of the Mendocino National Forest) to the northeast corner of
section 14, T14N, R8W; then
(3) Proceed 3.15 miles straight east-southeast to the intersection
of the 2,000-foot elevation line and the eastern boundary of section
17, T14N, R7W; then
(4) Proceed easterly 2.7 miles along the 2,000-foot elevation line
to its first intersection with the eastern boundary of section 22,
T14N, R7W, on the Benmore Canyon map; then
(5) Proceed approximately 300 feet due south along the eastern
boundary of section 22, T14N, R7W, to its intersection with the
headwaters of the north branch of the Salt Canyon Creek; then
(6) Proceed easterly 0.4 mile along the north branch of the Salt
Canyon Creek to its intersection with the 1,600-foot elevation line in
section 23, T14N, R7W; then
(7) Proceed southerly along the 1,600-foot elevation line 4.1 miles
to its intersection with State Route 20, just north of Sweet Hollow
Creek, in section 35, T14N, R7W; then
(8) Proceed 1.7 miles generally southwest and then westerly to
State Route 20's intersection with the 1,600-foot elevation line just
northwest of BM 1634, Wye, in section 3, T13N, R7W; then
(9) Proceed 15.2 miles generally northwest along the 1,600-foot
elevation line, crossing the Clearlake Oaks map, to the elevation
line's intersection with an unnamed intermittent stream in Pierce
Canyon in the northeast quadrant of section 20, approximately 0.4 mile
east of VABM 2533, T14N, R8W, on the Lucerne map; then
(10) Proceed northerly and then northeasterly along the unnamed
intermittent stream in Pierce Canyon and then the stream's northern
fork approximately 1.6 miles to the northern fork's intersection with
the 3,000-foot elevation line in section 16, T14N, R8W, on the
Clearlake Oaks map; and then
(11) Proceed 0.15 mile straight northeast, returning to the
beginning point.
Signed: January 10, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-1191 Filed 1-21-05; 8:45 am]
BILLING CODE 4810-31-P