[Federal Register: December 7, 2005 (Volume 70, Number 234)]
[Rules and Regulations]
[Page 72717-72720]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de05-8]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-39; Re: Notice No. 38]
RIN 1513-AA94
Establishment of the Ramona Valley Viticultural Area (2003R-375P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision establishes the 89,000-acre Ramona
Valley viticultural area in central San Diego County, California. The
proposed area is entirely within the established South Coast
viticultural area. 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.
DATES: Effective Date: January 6, 2006.
FOR FURTHER INFORMATION CONTACT: Nancy Sutton, Regulations and
Procedures 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.
[[Page 72718]]
Ramona Valley Petition and Rulemaking
General Background
TTB received a petition from the Ramona Vineyard Association of
Ramona, California, proposing to establish the Ramona Valley
viticultural area in central San Diego County, California. Surrounding
the town of Ramona, the proposed viticultural area is located 28 miles
northeast of the city of San Diego, and is entirely within the
established, multi-county South Coast viticultural area (27 CFR 9.104).
In addition, the Ramona Valley area is south of two other viticultural
areas, Temecula Valley (27 CFR 9.50) and San Pasqual Valley (27 CFR
9.25), both within the South Coast viticultural area. The proposed
89,000-acre Ramona Valley viticultural area contains 17 vineyards
currently cultivating an estimated 45 acres of wine grapes.
The distinguishing factors of the proposed Ramona Valley
viticultural area include its elevation, which contrasts with the
surrounding areas, and climatic factors related to its elevation and
inland location. Oriented west-southwest to east-northeast, the
proposed area is roughly centered in the town of Ramona and is about
14.5 miles long and 9.5 miles wide.
Below, we summarize the evidence presented in the petition.
Name Evidence
Californians have used the ``Ramona Valley'' name for at least a
century. In 1906, historian Ed Fletcher wrote ``An Auto Trip Through
San Diego's Back Country.'' As republished in the spring 1969 issue of
the Journal of San Diego History, the auto trip article makes several
references to Ramona Valley and its geography, climate, and
agricultural potential. Mr. Fletcher states, ``The higher valley lands
can easily be covered with water from the mountain streams, but a
railroad is absolutely necessary, and when it does come, Ramona Valley
will be heard from.''
In 1963, Richard F. Pourade wrote ``The Silver Dons 1833-1865,''
found in volume three of ``The History of San Diego.'' He describes the
difficulty of reaching the Ramona Valley by different routes during its
settlement. Mr. Pourade writes, ``Both routes had difficult climbs, the
San Pasqual route at the San Pasqual hill and the Lakeside route in the
last mile before reaching the Ramona Valley.''
In 1961, Clarence Woodson wrote ``Tea-Kettle Days,'' published in
the San Diego Historical Society Quarterly, volume 7, number 4, October
1961. He explained, ``My grandfather, Dr. M. C. Woodson served as a
surgeon in the Confederate Army, and a few years after the Civil War he
brought my father and the rest of the family out to California from
Paducah, Ky. He homesteaded land in the Ramona Valley in 1873 * * *.''
The proposed Ramona Valley viticultural area surrounds the
unincorporated town of Ramona in San Diego County, which lies in a
flat, broad valley largely isolated by the surrounding hills and
mountains. Several businesses within the proposed viticultural area use
``Ramona Valley'' in their names, including the Ramona Valley Inn,
which was established in 1981 on Main Street in Ramona.
Boundary Evidence
Using a boundary largely drawn through the surrounding mountain
peaks, the proposed Ramona Valley viticultural area encompasses not
only the valley in which the town of Ramona lies, but also several
smaller side valleys and canyons, especially to the east and south of
the town. The proposed boundary is based on historical and current
viticultural activity within the proposed area and on its geographical
and climatic features.
The history of Ramona Valley viticulture began with the arrival of
Spanish missionaries in 1769. American viticulture started as early as
1889, with wine grapes grown at Rancho Bernardo for use at the Bernardo
Winery. In modern times, Ross Rizzo, the master vintner at Bernardo
Winery, recalls that up to a thousand acres of wine grapes were growing
in Ramona Valley during the 1940s and 1950s. The Schwaesdall Winery,
which opened in 1993, uses grape vines planted in the Ramona Valley in
the 1950s as well as their own plantings begun in 1989.
The elevation of the proposed Ramona Valley viticultural area,
which lies between the lower coastal valleys to the south, west, and
north, and the surrounding mountains and the higher desert-like areas
to the east, distinguishes the proposed viticultural area from
surrounding areas. Climatic factors related to the elevation of the
Ramona Valley and its inland location also distinguish the proposed
viticultural area from nearby grape-growing regions. These factors are
discussed in more detail below.
Distinguishing Features
Geography
The proposed Ramona Valley viticultural area is encircled by a ring
of hills and mountains that isolate it from the surrounding regions of
San Diego County. Santa Maria Creek flows west through the proposed
viticultural area before passing through a narrow gap in the hills near
the northwestern corner of the area.
The lowest elevation of the proposed Ramona Valley viticultural
area, 650 feet, is at the southwest corner of the area at the San
Vicente Reservoir. Elevations within the northern, southern, and
western portions of the proposed viticultural area vary between 650 and
1,600 feet, with an average base elevation of about 1,400 feet. The
eastern terrain of the proposed area climbs to more than 3,000 feet at
the foothills of the Cuyamaca Mountains. The highest elevation suitable
for viticulture within the proposed area is 2,640 feet.
Beyond the proposed Ramona Valley viticultural area boundary line
to the south, west, and north are the lower coastal valleys with
elevations of 500 feet or less. While higher in elevation than these
nearby coastal valleys, the proposed Ramona Valley viticultural area is
significantly lower than that of the Cuyamaca Mountain range to the
east, which has peaks of 6,200 feet.
Climate
The proposed Ramona Valley viticultural area has a distinguishable
microclimate as compared to the surrounding regions. With the Anza-
Borrego Desert 25 miles to the east and the Pacific Ocean 25 miles to
the west, the desert and ocean influences affect and moderate the
Ramona Valley climate during the growing season.
Also known locally as ``the Valley of the Sun,'' due to its lack of
cool coastal morning fog, the proposed Ramona Valley viticultural area
is warmer than the lower elevation coastal areas and valleys to its
south, west, and north. The proposed area is cooler in the summer, but
warmer in the winter, than the higher Cuyamaca Mountains to its east.
A comparison of daily temperature variations among the towns of
Ramona, Poway, Escondido, and Julian indicates that Ramona has greater
daily temperature fluctuations than the surrounding areas. The proposed
viticultural area enjoys up to 320 frost-free days and has a heat
summation of 3,470 degree-days annually. (During the growing season,
one degree day accumulates for each degree Fahrenheit that a day's mean
temperature is above 50 degrees, which is the minimum temperature
required for grapevine growth; see ``General Viticulture,'' Albert J.
Winkler, University of California Press, 1975.)
The proposed Ramona Valley viticultural area receives an average
[[Page 72719]]
annual rainfall of 16.5 inches. This rainfall total is more than that
of the lower coastal valleys, but less than the 31-inch average
received at Julian in the higher mountains to the east of the Ramona
Valley area.
Soils
The proposed Ramona Valley viticultural area has a variety of soil
types due to its differing landforms, slopes, and geology. The
mountains surrounding the proposed area consist of igneous rock. Also,
the mid-slopes to the east and west of the Ramona Valley floor have the
reddish coloration of San Marcos Gabbro, a mafic rock type. Mafic rock
formations are known to generate nutrient-rich soil, which is ideal for
agriculture.
Soil series of the proposed Ramona Valley viticultural area include
Ramona, Visalia, Los Posas, and Fallbrook loams. The Ramona soil
series, as documented in the 1973 U.S. Soil Conservation Service Soil
Survey for San Diego County, consists of well-drained, very deep sandy
loams with sandy clay loam subsoil. This series is found between the
200-foot and 1,800-foot elevations on terraces and alluvial fans.
Notice of Proposed Rulemaking
On March 31, 2005, TTB published a notice of proposed rulemaking
regarding the establishment of the Ramona Valley viticultural area in
the Federal Register (70 FR 16459) as Notice No. 38. In that notice,
TTB requested comments by May 31, 2005, from all interested persons.
TTB received no comments in response to Notice No. 38.
TTB Finding
After careful review of the petition, 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 ``Ramona Valley''
viticultural area in San Diego 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, ``Ramona
Valley,'' is recognized as a name of viticultural significance.
Consequently, wine bottlers using ``Ramona Valley'' in a brand name,
including a trademark, or in another label reference as to the origin
of the wine, must 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 Procedures 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. 9.191 to read as follows:
Sec. 9.191 Ramona Valley.
(a) Name. The name of the viticultural area described in this
section is ``Ramona Valley''. For purposes of part 4 of this chapter,
``Ramona Valley'' is a term of viticultural significance.
(b) Approved Maps. The two United States Geological Survey
1:100,000 scale topographic (30 x 60 Minute Quadrangle) maps used to
determine the boundaries of the Ramona Valley viticultural area are
titled--
(1) Borrego Valley, California, 1982 edition; and
(2) El Cajon, California, 1979 edition.
(c) Boundary. The Ramona Valley viticultural area is located in
central San Diego County, California. The area's boundaries are defined
as follows--
(1) Beginning in the southwest corner of the Borrego Valley map at
the 882-meter (2,894-foot) peak of Woodson Mountain, T13S, R1W, proceed
straight north-northwest approximately 3.25 miles to the 652-meter
(2,140-foot) peak of Starvation Mountain, T13S, R1W (Borrego Valley
map); then
(2) Proceed straight east-northeast approximately 12.5 miles to the
Gaging Station on the northwest shoreline of Sutherland Lake, T12S, R2E
(Borrego Valley map); then
(3) Proceed straight southeast approximately 4.4 miles to the 999-
meter (3,278-foot) peak of Witch Creek Mountain, T13S, R2E, east of
Ballena Valley (Borrego Valley map); then
(4) Proceed straight south-southeasterly approximately 6.6 miles,
crossing onto the El Cajon map, to the summit of Eagle Peak (3,166
feet), T14S, R3E, northeast of the El Capitan Reservoir (El Cajon map);
then
(5) Proceed straight west-southwest approximately 12.7 miles,
passing through Barona Valley, to the peak (1,002 feet) near the center
of the unnamed island in the San Vicente
[[Page 72720]]
Reservoir, T14S, R1E (El Cajon map); then
(6) Proceed straight northwesterly approximately 3.9 miles to the
822-meter (2,697-foot) peak of Iron Mountain, T14S, R1W (El Cajon map);
and
(7) Proceed straight north-northwest approximately 2.8 miles,
crossing onto the Borrego Valley map, and return to the beginning point
at the peak of Woodson Mountain.
Signed: August 29, 2005.
John J. Manfreda,
Administrator.
Approved: November 3, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-23684 Filed 12-6-05; 8:45 am]
BILLING CODE 4810-31-P