[Federal Register: October 14, 2005 (Volume 70, Number 198)]
[Rules and Regulations]
[Page 59993-59996]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc05-6]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-34; Re: Notice No. 37]
RIN 1513-AA95
Establishment of the Dos Rios Viticultural Area (2004R-0173P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision establishes the Dos Rios viticultural
area in Mendocino County, California. The proposed 15,500-acre
viticultural area is 150 miles north of San Francisco, California. 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.
EFFECTIVE DATE: November 14, 2005.
FOR FURTHER INFORMATION CONTACT: Nancy Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St.,
No. 158, Petaluma, California 94952; telephone (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 such
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 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, soils, elevation, and physical features, 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.
Dos Rios Petition and Rulemaking
General Background
TTB received a petition from Ralph Jens Carter of Sonoma,
California, proposing the establishment of a new viticultural area to
be called ``Dos Rios'' in northern Mendocino County, California.
Located at the confluence of the Eel River and the Middle Fork of the
Eel River, the proposed 15,500-acre Dos Rios viticultural area is
approximately 40 miles north of Ukiah, 25 miles east of the Pacific
Ocean, and 5 miles north of the northern boundary of the established
North Coast viticultural area (27 CFR 9.30). The proposed Dos Rios
viticultural area encompasses portions of the canyons containing the
two rivers. Currently, six acres of commercial vineyards are planted
within the proposed area, with the potential for additional plantings.
Below, we summarize the evidence presented in the Dos Rios
viticultural area petition.
Name Evidence
``Dos Rios'' is Spanish for ``two rivers,'' according to the Harper
Collins Spanish College Dictionary, Fourth Edition, published in 2002.
The USGS Dos Rios Quadrangle map shows the small village of Dos Rios at
the confluence of the Middle Fork of the Eel River and the main channel
of the Eel River. The November 2002 California State Automobile
Association map and the 2003 California Compass Map show Dos Rios
village along State Highway 162 east of Laytonville, California.
The local GTE telephone directory lists Dos Rios and includes its
95429 zip code. The local Vin DeTevis winery letterhead indicates its
location on Covelo Road in Dos Rios. A 1982 photograph from the book
entitled ``The Northwestern Pacific Railroad and Its Successors,'' by
Wesley Fox (Fox Publications, Arvada, Colorado), shows, according to
its caption, a southbound freight train ``rolling along the rocky edges
of the Eel River, south of Dos Rios.''
Boundary Evidence
The proposed Dos Rios viticultural area encompasses the confluence
of the
[[Page 59994]]
Eel and the Middle Fork of the Eel Rivers, portions of the Eel River
canyon to the north and south of the confluence, and a portion of the
Middle Fork canyon east of the confluence. The proposed area also
includes portions of the side canyons of several seasonal tributaries.
The proposed viticultural area covers about 15,500 acres, and it is
approximately 12 miles long east to west and 4 miles wide north to
south.
The 2,000-foot contour line defines the outer limits of the
proposed Dos Rios viticultural area. Section lines shown on the USGS
maps of the proposed area connect the 2,000 foot contour lines across
the two rivers as the contour lines pass out of the Dos Rios area. The
2,000-foot contour line marks the upper limit of the microclimate
created by the proposed area's canyon geography. Above the 2,000-foot
contour line, the climate becomes colder and less conducive to
viticulture.
The northern boundary of the proposed Dos Rios viticultural area
coincides with the Round Valley Indian Reservation southern boundary
where it crosses the Eel River north of the village of Dos Rios.
According to the 1971 Hubbard Scientific 3-dimensional map of the
Ukiah, California, region, this portion of the proposed area includes
more gentle, less eroded slopes.
The eastern region of the proposed viticultural area includes
mildly steep slopes close to the Middle Fork of the Eel River. This
portion of the proposed area has warmer temperatures due to sunlight
reflected from the Middle Fork of the Eel River onto the surrounding
slopes and canyon walls. Beyond the eastern boundary the higher, colder
elevations of the Mendocino National Forest dominate the landscape.
The southern boundary line of the proposed area is approximately 3
miles south of the village of Dos Rios. This portion of the proposed
area has significant winds and light reflection from the rivers, which
moderate its climate.
The western boundary of the proposed Dos Rios viticultural area is
approximately one mile west of the village of Dos Rios and coincides
with the steep ``Windy Point'' geographical feature shown on the USGS
Laytonville map. Mountain terrain less influenced by the canyon
geography of the proposed area lies beyond its western boundary.
Distinguishing Features
Geography
Significant physical features of the proposed Dos Rios viticultural
area include the Eel River and the Middle Fork of the Eel River and
their surrounding canyons, which join within the proposed area. The
canyon surrounding the confluence of the two rivers is a ``land
trough,'' approximately one-half mile deep and 3 miles wide. This land
trough is shown on the relevant USGS maps and in multiple dimensions on
the Hubbard Scientific Ukiah region topographic map. As a land trough,
the Eel and Middle Fork river canyons are the only major gaps in the
Coast Range in this region of Mendocino County. These gaps allow the
Pacific Ocean marine air to blow inland, or east, through the canyons
and into the proposed Dos Rios viticultural area.
The names of several prominent geographic features within the
proposed Dos Rios viticultural area reflect the strength of the wind
blowing through the canyons. The USGS maps covering the proposed area
show two different geographic features named ``Windy Point'' within the
proposed area and another named ``Windy Ridge'' near the proposed
area's eastern boundary. On the USGS Laytonville map, one Windy Point
is near the 1,800-foot elevation in the southwest corner of section 36,
T22N, R14W. On the USGS Dos Rios map, a second Windy Point is near the
1,400-foot elevation line between State Highway 162 and the Middle Fork
of the Eel River, T21N, R13W. ``Windy Ridge,'' with elevations between
2,600 feet and 3,200 feet, is immediately outside the proposed area's
eastern boundary on the USGS Covelo West map, section 18, T22N, R13W.
The canyon walls and hillsides surrounding the Eel River and the
Middle Fork of the Eel River incline from 30 to 75 percent. In addition
to the climate-moderating marine winds, sunlight reflecting off the two
rivers onto the steep sides of the canyons warms the terrain of the
canyons below the 2,000-foot contour line.
Climate
The marine winds blowing through the canyons within the proposed
Dos Rios viticultural area, the direct and reflected solar radiation,
and the temperature are the factors that distinguish the proposed area
from the surrounding regions of Mendocino County. The ``Sunset Western
Garden Book,'' 7th edition, 2001, (Sunset book) which divides much of
the western United States into growing zones, includes the region
encompassing the proposed Dos Rios viticultural area within
California's Zone 14, Northern California's Inland Areas with Some
Ocean Influence, a transitional climate area. The Sunset book depicts
this zone as a narrow geographic region surrounded by three cooler
zones. The close proximity of four climate zones to the proposed Dos
Rios viticultural area also helps create a unique transitional
microclimate within the proposed area.
Wind: As noted above, the presence of strong winds in the proposed
Dos Rios viticultural area is reflected in the ``windy'' names given to
several geographic features within or near its boundary. The Eel River
and Middle Fork of the Eel River canyons create gaps in the Coast
Range, which lies between the moderating Pacific Ocean climate to the
west and the more continental climate found at the higher elevations
and in the interior valleys to the east. These canyons bring climate-
moderating Pacific marine air further inland than would be expected
without these low-elevation gaps and allow the moderating ocean air
into the Dos Rios region, affecting the climate of the proposed
viticultural area.
Geographic slopes also affect airflow, according to the Sunset book
description of how the local terrain can affect wind flow and solar
heat. Warm air rises and cold air sinks, creating vertical wind
movements on the 800-foot to 2,000-foot sloping elevations found within
the proposed viticultural area.
During the spring and summer months, the proposed viticultural area
has brisk afternoon breezes that intensify at sunset and subside after
dark, allowing temperatures to cool. The winds help disperse the
morning coastal fog that reaches over the surrounding mountain ranges,
giving the Dos Rios region sunny mornings that contrast with the
foggier mornings found in the surrounding Covelo and Willits regions.
During the winter the winds create a downdraft from the hilltops to the
canyon floor that lessens the effects of freezing temperatures and
frost in the vineyards.
Solar Radiation: Reflective sunlight off the water of the two
rivers provides additional warming to the hillside vineyards within the
proposed Dos Rios viticultural area. The intensity of the reflected
sunlight dissipates above 2,000 feet in elevation, which coincides with
the proposed area's boundary line.
Temperature: Temperatures within the proposed Dos Rios viticultural
area annually average 52 to 58 degrees, with warm, dry summers and
cool, wet winters. The marine breezes blowing through the canyons of
the proposed viticultural area moderate temperatures, making the Dos
Rios region cooler in the summer and warmer in the winter than regions
to the east that have a more
[[Page 59995]]
continental climate. The frost-free growing season varies from 125 days
to 250 days annually.
According to the Sunset book, three cooler Sunset climate zones
surround the proposed Dos Rios viticultural area and its transitional
Zone 14 climate. These three climates include Zone 1, Coldest Winters
in the West, Zone 2, Second Coldest Western Climate, and Zone 7,
California's Digger Pine Belt. Zones 1 and 2 are the snowiest and
coldest parts of the United States West Coast, excluding Alaska. Zone
7, found at lower mountain elevations, has hot summers and mild, but
pronounced, winters. The Sunset book climate zone map shows the Dos
Rios area as having a generally colder climate and a shorter growing
season than the lower Mendocino County elevations.
Rainfall and Snow: The proposed Dos Rios viticultural area averages
30 to 60 inches of rainfall each year with most rainfall occurring
between October and April. The proposed area also receives occasional
light snow, while the surrounding higher elevations receive more snow.
Soils
Soils of the proposed Dos Rios viticultural area are well-drained
to excessively well-drained loams, sandy loams, and gravelly loams that
are deep to very deep. These soils are categorized as poor, with coarse
texture and limited water retention. They are weathered from sandstone,
siltstone, schist, and greywacke, which are rich in mineral nutrients.
The soils within the proposed Dos Rios viticultural area differ from
other nearby grape-growing regions such as the Potter Valley
viticultural area (27 CFR 9.82), which have Cole series soils that are
poorly drained, nearly level clay loams.
Notice of Proposed Rulemaking and Comments Received
On March 31, 2005, TTB published a notice of proposed rulemaking
regarding the establishment of the Dos Rios viticultural area in the
Federal Register as Notice No. 37 (70 FR 16455). In that notice, TTB
requested comments by May 31, 2005, from all interested persons. TTB
received 14 comments in response, all supporting establishment of the
proposed Dos Rios viticultural area.
TTB Finding
After careful review of the petition and the comments received, TTB
finds that the evidence submitted supports the establishment of the
proposed viticultural area. Therefore, under the authority of the
Federal Alcohol Administration Act and part 4 of our regulations, we
establish the ``Dos Rios'' viticultural area in Mendocino County,
California, effective 30-days from the publication date of this
document.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the 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. With the establishment of this viticultural area and
its inclusion in part 9 of the TTB regulations, its name, ``Dos Rios,''
is recognized as a name of viticultural significance. Consequently,
wine bottlers using ``Dos Rios'' 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.
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.
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.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is 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 rule is not a significant regulatory action as defined by
Executive Order 12866 (58 FR 51735). Therefore, it requires no
regulatory assessment.
Drafting Information
Nancy Sutton of the Regulations and Rulings Division drafted this
document.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1,
part 9, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Amend subpart C by adding Sec. 9.175 to read as follows:
Sec. 9.175 Dos Rios.
(a) Name. The name of the viticultural area described in this
section is ``Dos Rios''. For purposes of part 4 of this chapter, ``Dos
Rios'' is a term of viticultural significance.
(b) Approved Maps. The appropriate maps for determining the
boundaries of the Dos Rios viticultural area are four United States
Geological Survey 1:24,000 scale topographic maps. They are titled:
(1) Dos Rios, California--Mendocino County, 1967 edition, revised
1994;
(2) Laytonville, California--Mendocino County, 1967 edition,
revised 1994;
(3) Iron Peak, California--Mendocino County, 1967 edition, revised
1994; and
(4) Covelo West, California--Mendocino County, 1967 edition,
photoinspected 1973.
(c) Boundary. The Dos Rios viticultural area is located in northern
Mendocino County, California, at the confluence of the Eel River and
the Middle Fork of the Eel River. The area's boundaries are defined as
follows--
(1) Beginning in the northwestern quarter of the Dos Rios map in
section 32, T22N, R13W, at the intersection of the 2,000-foot contour
line and Poonkinny Road, proceed southerly and then easterly along the
meandering
[[Page 59996]]
2,000-foot contour line to its intersection with the eastern boundary
of section 2, T21N, R13W, immediately south of State Route 162 (Dos
Rios Quadrangle); then
(2) Proceed straight south along the section line, crossing the
Middle Fork of the Eel River, to the southeast corner of section 11,
T21N, R13W (Dos Rios Quadrangle); then
(3) Proceed 0.9 mile straight west along the southern boundary of
section 11 to its intersection with the 2,000-foot elevation line,
T21N, R13W (Dos Rios Quadrangle); then
(4) Proceed northerly then westerly along the meandering 2,000-foot
contour line, crossing Big Water Canyon, Doghouse Creek, and Eastman
Creek, to the contour line's intersection with the southern boundary of
section 17, T21N, R13W (Dos Rios Quadrangle); then
(5) Proceed 2.1 miles straight west along the section line,
crossing the Eel River, to the section line's intersection with the
2,000-foot contour line along the southern boundary of section 18,
T21N, R13W (Dos Rios Quadrangle); then
(6) Proceed northerly along the meandering 2,000-foot contour line,
crossing between the Dos Rios and Laytonville maps (passing around the
Sims 2208 benchmark near the southeast corner of section 36, T22N,
R14W), and, returning to the Laytonville map, continue westerly to the
contour line's intersection with the southwest corner of section 36,
T22N, R14W, at Windy Point (Laytonville Quadrangle); then
(7) Proceed 1.2 miles straight north along the section line to its
intersection with the 2,000-foot elevation line, section 25, T22N, R14W
(Laytonville Quadrangle); then
(8) Proceed northerly along the meandering 2,000-foot elevation,
crossing between the Laytonville and Iron Peak maps, and, returning to
the Iron Peak map, continue along the contour line to its intersection
with the western boundary of section 14 immediately south of an unnamed
unimproved road, T22N, R14W (Iron Peak Quadrangle); then
(9) Proceed straight north along the section line to the southeast
corner of section 3, T22N, R14W (Iron Peak Quadrangle); then
(10) Proceed straight west along the section line to the southwest
corner of section 3, T22N, R14W (Iron Peak Quadrangle); then
(11) Proceed straight north along the section line to the northwest
corner of section 3, T22N, R14W (Iron Peak Quadrangle); then
(12) Proceed straight east along the section line, crossing the Eel
River, to the northeast corner of section 2, which coincides with the
Round Valley Indian Reservation's southern boundary, T22N, R14W (Iron
Peak Quadrangle); then
(13) Proceed straight south along the section line to the southeast
corner of section 2, T22N, R14W (Iron Peak Quadrangle); then
(14) Proceed 0.3 mile straight east to the section line's
intersection with the 2,000-foot elevation line along the northern
boundary of section 12, T22N, R14W, west of Eberle Ridge, (Iron Peak
Quadrangle); and
(15) Proceed generally southeast along the meandering 2,000-foot
elevation, crossing onto the Covelo West map and continuing southerly
along the 2,000-foot contour line from Stoner Creek in section 18,
T22N, R13W, and, returning to the Dos Rios map, continue southeasterly
along the 2,000-foot contour line (crossing Goforth and Poonkinny
Creeks), to the beginning point at the contour line's intersection with
Poonkinny Road.
Signed: August 15, 2005.
Vicky I. McDowell,
Acting Administrator.
Approved: September 2, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-20546 Filed 10-13-05; 8:45 am]
BILLING CODE 4810-31-P