[Federal Register: March 31, 2005 (Volume 70, Number 61)]
[Proposed Rules]
[Page 16459-16463]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr05-22]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 38]
RIN 1513-AA94
Proposed Establishment of the Ramona Valley Viticultural Area
(2003R-375P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
establish 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. We
invite comments on this proposed addition to our regulations.
DATES: We must receive written comments on or before May 31, 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. 38, 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
[[Page 16460]]
any comments we receive about this notice 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, Alcohol and Tobacco Tax
and Trade Bureau, Regulations and Procedures Division, 925 Lakeville
St., 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.
Ramona Valley Petition
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).
It is also south of two other established viticultural areas located
within the South Coast area, Temecula Valley (27 CFR 9.50) and San
Pasqual Valley (27 CFR 9.25). The proposed 89,000-acre Ramona Valley
viticultural area contains approximately 17 vineyards currently
cultivating an estimated 45 acres of wine grapes.
The distinguishing factors of the proposed Ramona Valley
viticultural area, according to the petitioners, 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 on 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, according to information provided by the petitioners. For
example, the petitioners supplied several articles and book excerpts
showing the name's historical use. In 1906, historian Ed Fletcher wrote
``An Auto Trip Through San Diego's Back Country.'' As published in
volume 15, number 2, spring 1969, of the Journal of San Diego History,
the 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,''
which is in volume three of ``The History of San Diego.'' He describes
the difficulty of reaching the Ramona Valley by different routes during
the area's 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 explains, ``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 * * *.''
In addition, the proposed Ramona Valley viticultural area surrounds
the San Diego County town of Ramona, which lies in a flat, broad valley
largely isolated by the surrounding hills and moutains. Several
businesses within the proposed area use ``Ramona Valley'' in their
names, including the Ramona Valley Inn, which was established in 1981
on Main Street in Ramona.
Boundary Evidence
To outline the boundary of the proposed Ramona Valley viticultural
area, the petitioners use a series of mountain peaks around the valley
in which the town of Ramona lies. This boundary also incorporates
several smaller side valleys and canyons, especially to the east and
south of the town, within the proposed area. According to the
petitioners, the proposed Ramona Valley viticultural area boundary is
based on historical and current viticulture within the area, and on the
area's geographical features.
The history of Ramona Valley viticulture, the petitioners explain,
[[Page 16461]]
began with the arrival of Spanish missionaries in 1769. American
viticulture is documented 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 there may
have been up to a thousand acres of wine grapes in Ramona Valley
between the 1940s and the 1950s. Finally, 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 proposed Ramona Valley viticultural area's elevation, which is
between that of the lower coastal valleys to the north, south, and
west, and that of the surrounding mountains and the higher desert-like
areas to the west, also distinguishes the valley from surrounding
areas, according to the petitioners. Climatic factors related to the
valley's elevation and its inland location also distinguish the
proposed viticultural area from nearby grape-growing regions, the
petitioners add. These factors are discussed in more detail below.
Distinguishing Features
Geography
The proposed Ramona Valley viticultural area encompasses a fairly
flat, broad valley and several of its side valleys and canyons in
central San Diego County. A ring of hills and mountains around the
valley largely isolate it from surrounding regions of the county. Santa
Maria Creek flows west through the proposed area before passing through
a narrow gap in the hills near the area's northwestern corner. The
unincorporated town of Ramona, with a population of about 40,000, lies
within the proposed area at the junction of State Routes 67 and 78.
The lowest elevation within the area, 650 feet, is at the San
Vicente Reservoir at the proposed area's southwestern corner.
Elevations within the northern, southern, and western portions of the
area run between 650 and 1,600 feet, with an average base elevation of
about 1,400 feet. The proposed area climbs to more than 3,000 feet in
the east in the foothills of the Cuyamaca Mountains. According to the
petitioners, the highest elevation suitable for viticulture within the
proposed area is 2,640 feet.
To the south, west and north of the proposed Ramona Valley
viticultural area are lower coastal valleys with elevations of 500 feet
or less, according to the petitioner and USGS maps. The proposed Ramona
Valley area is lower in elevation than the Cuyamaca Mountain range to
the east, which has peaks of approximately 6,200 feet, according to the
submitted USGS maps.
Climate
The proposed Ramona Valley's elevation, between that of the lower
coastal valleys and the higher surrounding mountains, and its inland
location, distinguish the proposed Ramona Valley viticultural area
climate from those of surrounding regions, the petitioners state. The
petitioners also note that, with the Anza-Borrego Desert 25 miles to
the east and the Pacific Ocean 25 miles to the west, a combination of
desert and ocean influences affect the proposed area's climate during
the growing season.
Also known locally as ``the Valley of the Sun'' due to its lack of
coastal morning fog, the proposed Ramona Valley viticultural area is
warmer than the coastal areas and valleys to its north, south, and
west. The proposed area enjoys up to 320 frost-free days and has a heat
summation of 3,470 degree days annually, according to the petitioner.
(During the growing season, one degree day accumulates for each degree
Fahrenheit that a day's average temperature is above 50 degrees, which
is the minimum temperature required for grapevine growth. See ``General
Viticulture,'' by Albert J. Winkler, University of California Press,
1974.) However, 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 between Ramona and Poway,
Escondido, and Julian indicates that Ramona also has greater daily
temperature fluctuations than the surrounding areas, according to data
provided by the petitioner.
The Ramona Valley area receives an annual average rainfall total of
16.5 inches, according to the Navigation Technologies data provided
with the petition. 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 proposed area's east according to
Navigation Technologies data.
Soils
The proposed Ramona Valley viticultural area has a variety of soil
types due to the differing landforms, slopes, and geology found within
it, according to the petitioners. While the petitioners did provide
information on the proposed area's soils, they do not use soils as a
distinguishing factor for the proposed area. The mountains surrounding
the proposed area, the petitioners state, 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, the petitioners explain, are known to generate
nutrient-rich soil, which is ideal for agriculture.
The proposed Ramona Valley viticultural area's soil series include
Ramona, Visalia, Los Posas, and Fallbrook loams, according to the
petitioners. 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, sloping up to 30 percent, according to the
soil survey.
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 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, ``Ramona Valley,'' will be 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, will have to ensure that the product is
eligible to use the viticultural area's name as an appellation of
origin. On the other hand, we do not believe that ``Ramona'' standing
alone would have viticultural significance if the new area were
established. We note in this regard that while searches of the
Geographic Names Information System maintained by the U.S. Geological
Survey show no entries for ``Ramona Valley,'' there are entries for
``Ramona'' standing alone or in conjunction with words other than
``Valley'' in 18 States, including 8 different California counties.
Accordingly, the proposed part 9 regulatory text set forth in this
document specifies only the full ``Ramona Valley'' name as a term of
viticultural significance for purposes of part 4 of the TTB
regulations.
[[Page 16462]]
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. 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 ``Ramona
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
Ramona 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, climatic, boundary 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 Ramona Valley viticultural area on brand labels that include
the words ``Ramona 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.
Although TTB believes that only the full name ``Ramona Valley''
should be considered to have viticultural significance upon
establishment of the proposed new viticultural area, we also invite
comments from those who believe that ``Ramona'' standing alone would
have viticultural significance upon establishment of the area. Comments
in this regard should include documentation or other information
supporting the conclusion that use of ``Ramona'' on a wine label could
cause consumers and vintners to attribute to the wine in question the
quality, reputation, or other characteristic of wine made from grapes
grown in the proposed Ramona Valley 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 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 by telephone at 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
online copies of this notice and the posted comments, 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 27
CFR, chapter 1, part 9, as follows:
[[Page 16463]]
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.---- Ramona Valley.
(a) Ramona Valley. 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 (USGS)
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 (1002 feet) near the center
of the unnamed island in the San Vicente 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);
then
(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: March 7, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-6352 Filed 3-30-05; 8:45 am]
BILLING CODE 4810-31-P