[Federal Register: July 17, 2006 (Volume 71, Number 136)]
[Proposed Rules]
[Page 40465-40468]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy06-24]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 61]
RIN 1513-AB23
Proposed Expansion of the Alexander Valley Viticultural Area
(2005R-501P)
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
expand the Alexander Valley viticultural area in Sonoma County,
California, by 1,300 acres along its northwestern boundary line. 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 amendment to our
regulations.
DATES: We must receive written comments on or before September 15,
2006.
ADDRESSES: You may send comments to any of the following addresses:
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 61, 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 Information Resource Center, 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, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St.,
No. 158, Petaluma, CA 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 consumers with adequate information regarding product 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 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 geographical 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. Petitioners may use the same procedure to
request changes involving existing viticultural areas. 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.
Alexander Valley Viticultural Area Expansion Petition
Patrick Shabram of Shabram Consulting, with the support of vineyard
owner Anthony Martorana, proposes a 1,300-acre expansion of the
Alexander Valley viticultural area (27 CFR 9.53) along the current
diagonal northwestern boundary line. The expansion would result in a
viticultural area of 67,710 acres.
The proposed expansion area starts 1 mile south-southwest of
Cloverdale and continues south for another 2 miles, according to the
USGS Cloverdale Quadrangle map and written boundary description
submitted by the petitioner. The shape of the proposed expansion area
resembles a triangle with one side running along the Alexander Valley
viticultural area's existing diagonal northwestern boundary line.
The Seven Arches Vineyards, according to the petitioner, straddles
that diagonal northwestern boundary line, with approximately 10 acres
outside of the existing Alexander Valley viticultural area. The
proposed expansion area, the petitioner continues, would incorporate
into the Alexander Valley viticultural area all of Seven Arches
Vineyards and the entire 20 acres of Icaria Vineyards, both of which
are located along Hiatt Road and Icaria Creek. Another vineyard, Jeke
Vineyards, lies immediately inside the existing boundary line,
according to a petition map outlining the vineyards of the area. The
table below explains the relationship of these three vineyards to the
existing diagonal northwestern boundary line of the Alexander Valley
viticultural area.
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Vineyard name (Icaria Creek and Hiatt Road
areas) Vineyard location
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Jeke Vineyards............................ \1/10\ mile inside of the
boundary line.
Seven Arches Vineyards.................... Straddles the boundary line.
Icaria Vineyards.......................... \4/10\ mile outside of the
boundary line.
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[[Page 40466]]
We summarize below the evidence presented in the petition in
support of the proposed expansion of the Alexander Valley viticultural
area.
Name Evidence
The proposed expansion area, according to the petitioner, is
historically identified with Cloverdale, a town located at the northern
end of the Alexander Valley viticultural area. In ``History of the
Sonoma Viticultural District,'' by Ernest P. Peninou, Nomis Press,
1998, pages 186-187, it is noted that Parker Vineyards was established
in 1890 in the proposed expansion area. Mr. Peninou identifies Parker
Vineyards as a part of the viticultural history of Cloverdale. The
petitioner explains that vineyards in the Cloverdale area, except for
the two vineyards in the proposed expansion area, lie within the
original boundaries of the Alexander Valley viticultural area.
An article entitled ``The Early Wineries of the Cloverdale Area,''
by William A. Cordtz, Ph.D., ran in the March/April 1985 edition of
Wine West; the article states that grape-growing started in Cloverdale
before other areas of Alexander Valley. It explains that viticulture in
the upper Alexander Valley was centered around Cloverdale and
flourished between 1880 and Prohibition. Also, the Cloverdale Reveille,
a local area newspaper, ran articles about grape-growing and in 1878
reported prices of local grapes at $8 per ton.
Shortly after the establishment of the original viticultural area,
the petitioner states, some wine industry members erroneously believed
that the proposed expansion area already lay inside the Alexander
Valley viticultural area boundary. As an example, the petitioner states
that Jade Mountain Vineyards labeled a 1985 Icaria Vineyards wine with
the Alexander Valley viticultural area name, while a map submitted with
the petition shows Icaria Vineyards as lying within the proposed
expansion area.
Boundary Evidence
The established Alexander Valley viticultural area's diagonal,
northwestern boundary line trends northwest-southeast. The line
connects section 24, T. 11 N., R. 11 W. to the map point at 38[deg]45'
latitude and 123[deg]00' longitude in section 5, T. 10 N., R. 10 W., of
the USGS Cloverdale Quadrangle map.
When the original Alexander Valley viticultural area was proposed
(see T.D. ATF-187, 49 FR 42724, October 24, 1984), several petitioning
groups proposed differing boundaries for the proposed viticultural
area. Ultimately, the Bureau of Alcohol, Tobacco and Firearms (ATF),
TTB's predecessor, determined that the Alexander Valley viticultural
area's boundary should encompass the area from southeast of Healdsburg
to north of Cloverdale in Sonoma County. The proposed westerly
expansion area, according to the USGS Cloverdale Quadrangle map, is
approximately 1 mile south-southwest of Cloverdale.
The petitioner provided a map of the Alexander Valley viticultural
area published by the Sonoma County Grape Growers Association in 1998.
The map shows the current viticultural area boundaries and displays the
vineyards within the proposed expansion area with the same shade of
dark green used for the vineyards within the current viticultural area
boundary. In contrast, the vineyards outside the existing boundary
carry a significantly lighter shade of green. The petitioner contends
that the wine industry used the map as a geographic analytical tool to
group all vineyards on the floor and the lower slopes of the Alexander
Valley.
Icaria Creek and several of its tributaries, as part of the
Alexander Valley watershed, run through the proposed expansion area and
drain into the Russian River. In an interview in the Healdsburg Tribune
of December 7, 1979, Robert Young observed that there is only one
watershed in the entire Alexander Valley. His observation, according to
the petitioner, supports the expansion petition because the expansion
area also falls within that watershed.
Distinguishing Features
The petitioner provides information about distinguishing features
and evidence to document that the proposed expansion area is similar in
topography, elevation, soils, and climate to the northwestern region of
the Alexander Valley viticultural area, inside the existing boundary
line along Hiatt Road and Icaria Creek.
The petitioner explains that the existing Alexander Valley
viticultural area and the proposed expansion area, located on opposite
sides of the diagonal boundary line, have similar distinguishing
features. The topography, including range in elevation and the flood
plains along Icaria Creek, water resources, soils, and climate combine
to create a similar viticultural environment on both sides of the
diagonal boundary line, according to the petitioner.
Topography
The petitioner describes the similar topographic features scattered
throughout the Icaria Creek area on both sides of the existing
Alexander Valley viticultural area's diagonal northwestern boundary
line. The proposed expansion area is at elevations of 360 feet on the
flood plain along Icaria Creek to 874 feet, according to the USGS
Cloverdale Quadrangle map. Similar topography exists immediately east
and inside the Alexander Valley viticultural area's diagonal boundary
line. Elevations there, as noted on the USGS Cloverdale Quadrangle map,
range from a low of 320 feet on the flood plain along Icaria Creek to a
high of 884 feet.
Icaria Creek, and its tributaries, run through both the east and
the west sides of the Alexander Valley viticultural area's diagonal
boundary line to the Russian River, as shown on the USGS Cloverdale
Quadrangle map. Also, Hiatt Road meanders along Icaria Creek and some
of its tributaries on both sides of the diagonal boundary line.
The petitioner explains that the terrain west of the proposed
expansion area becomes increasingly steep and mountainous and that
elevations climb to some 1,600 feet, as shown on the USGS Cloverdale
Quadrangle map. The mountainous terrain contrasts with the lower
elevations and the gentle valley landscape of the Alexander Valley
region shown on the map. The petitioner adds that the westerly
mountainous terrain creates an unsuitable environment for viticulture.
The vineyards in the proposed expansion area generally lie on the
lower, flatter terrain of the flood plain along Icaria Creek, according
to the diagrams on the map in the petition. The elevations generally
range between 350 and 450 feet, but the southernmost part of the Seven
Arches Vineyards reaches 590 feet. Jeke Vineyards, which is within the
Alexander Valley viticultural area's western boundary line, lies
between 350 and 380 feet of elevation on the flood plain along Icaria
Creek, the petitioner states. Thus, Jeke Vineyards, which is
immediately inside the east side of the diagonal boundary line, and the
Icaria and Seven Arches Vineyards, which are in the proposed expansion
area on the west side of the diagonal boundary line, do not vary
substantially in their overall elevations and their relative locations
on the flood plain.
Soils
The petitioner explains that the distinguishing soils in the Icaria
Creek and Hiatt Road areas in the proposed expansion area include the
Hugo-Josephine-Laughlin association. According to the Soil Survey of
Sonoma County, California, issued in 1972 by
[[Page 40467]]
the United States Department of Agriculture, Soil Conservation Service,
the soils in this association are well drained, gently sloping to very
steep gravelly loam. This soil association, according to the
petitioner, is common on the western slopes of the Alexander Valley,
including much of the existing viticultural area. The predominant soil
associations in the Alexander Valley viticultural area, the petitioner
continues, are the Yolo-Cortina-Pleasanton, Goulding-Toomes-Guenoc, and
Hugo-Josephine-Laughlin associations, which are also in the proposed
expansion area.
Climate
The petitioner states that the climate of the proposed expansion
area closely reflects that of the area to its immediate east and inside
the viticultural area boundary line. Both areas, the petitioner states,
are similar in vegetative cover, elevation, topographic features, and
latitudinal coordinates.
The entire Alexander Valley viticultural area has a coastal warm
climate type, according to the model Climate Types of Sonoma County,
originally developed by Robert Sisson and shown on the 1986 Vossen map,
provided with the petition. This model uses the total daily hours of
temperatures between 70 and 90 degrees F. The petitioner explains that
the temperature range is the most significant factor for photosynthesis
in the grapevines.
Climatic variations have not been recorded along Icaria Creek and
Hiatt Road between the existing Alexander Valley viticultural area and
the proposed expansion area. However, the manager of the Seven Arches
Vineyards writes that along Hiatt Road, on both sides of the diagonal
boundary line of the existing Alexander Valley viticultural area, the
climate is similar, if not identical. The petitioner explains that the
climatic variations in inland northern Sonoma County result from
coastal, or marine, influences to the west. Thus, in northern Alexander
Valley, which is located in inland northern Sonoma County, climatic
variations are less because of the diminished coastal influence on the
region.
Boundary Description
See the changes to the narrative boundary description for the
petitioned-for viticultural area expansion in the proposed regulatory
text amendment published at the end of this notice.
Maps
The petitioner provided the required maps, which are already listed
in the Sec. 9.53 regulatory text.
Impact on Current Wine Labels
The proposed expansion of the Alexander Valley viticultural area
will not affect currently approved wine labels. The approval of this
proposed expansion may allow additional vintners to use ``Alexander
Valley'' as an appellation of origin on their wine labels. Part 4 of
the TTB regulations prohibits any label reference on a wine that
indicates or implies an origin other than the wine's true place of
origin. For a wine to be 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 wine must be derived from
grapes grown within the area represented by that name, and the wine
must meet the other conditions listed in 27 CFR 4.25(e)(3). In
addition, regulations regarding the use of a brand name containing a
viticultural area name on a label are found in 27 CFR 4.39(i).
Public Participation
Comments Invited
We invite comments from interested members of the public on whether
we should expand the Alexander Valley viticultural area as described
above. We are especially interested in comments concerning the
similarity of the proposed expansion area to the currently existing
Alexander Valley viticultural area. Please provide any available
specific information in your comments about the proposed expansion
area's name, proposed boundaries, or distinguishing features.
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 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 Information
Resource Center at 1310 G Street, NW., Washington, DC 20220. You may
also obtain copies at 20 cents per 8.5- by 11-inch page. Contact our
information specialist at the above address or by telephone at 202-927-
2400 to schedule an appointment or to request copies of comments.
We will post this notice and any comments we receive on this
proposal on the TTB Web site. All name and address information
submitted with comments will be posted, including e-mail addresses. 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 Information Resource Center. To access the online copy of this
notice and the submitted comments, visit http://www.ttb.gov/alcohol/rules/index.htm.
Select the ``View Comments'' link under this notice
number to view the posted comments.
[[Page 40468]]
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 Rulings 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.
Subpart C--Approved American Viticultural Areas
2. Section 9.53 is amended by revising paragraph (c)(5),
redesignating paragraphs (c)(6) through (c)(44) as (c)(9) through
(c)(47), and adding new paragraphs (c)(6) through (c)(8) to read as
follows:
Sec. 9.53 Alexander Valley.
* * * * *
(c) * * *
* * * * *
(5) Then straight south along the eastern boundary line of Section
25, to its intersection with Kelly Road, a medium-duty road, T. 11 N.,
R. 11 W.;
(6) Then southwest along Kelly Road to its intersection with the
northern boundary line of Section 36, T. 11 N., R. 11 W.;
(7) Then straight south to its intersection with 38[deg]45' N.
latitude along the southern border of the Cloverdale Quadrangle map, T.
10 N., R. 11 W. and R. 10 W.;
(8) Then straight east to its intersection with the 123[deg]00' E.
longitude at the southeastern corner of the Cloverdale Quadrangle map,
T. 10 N., R. 10 W.;
* * * * *
Signed: June 28, 2006.
John J. Manfreda,
Administrator.
[FR Doc. E6-11080 Filed 7-14-06; 8:45 am]
BILLING CODE 4810-31-P