[Federal Register: November 8, 2006 (Volume 71, Number 216)]
[Proposed Rules]
[Page 65432-65437]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no06-20]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 68]
RIN 1513-AB26
Proposed Establishment of the Tulocay Viticultural Area (2006R-
009P)
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 11,200-acre Tulocay viticultural area in Napa County,
California. The proposed viticultural area lies totally within the Napa
Valley viticultural area and the larger, multi-county North 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 January 8, 2007.
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. 68, P.O. Box 14412,
Washington, DC 20044-4412.
202-927-8525 (facsimile).
nprm@ttb.gov (e-mail).
http://www.ttb.gov/regulations_laws/all_rulemaking.shtml.
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/regulations
[fxsp0]--laws/all--[fxsp0]rulemaking.shtml.
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; 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 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. 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,
[[Page 65433]]
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.
Tulocay Petition
TTB received a petition from Aaron Pott, a winemaker in Quintessa,
and Marshall Newman of Newman Communications, on behalf of the vintners
and grape growers in the Tulocay region of Napa Valley, California,
proposing the establishment of the Tulocay viticultural area. The
proposed Tulocay viticultural area, according to regional maps and
petition information, lies 45 miles east of the Pacific Ocean and 16
miles north of San Pablo Bay. It encompasses 11,200 acres--900 acres of
which are dedicated to commercial vineyards, according to the
petitioners. The proposed Tulocay viticultural area is located between
four established viticultural areas: The Oak Knoll District of Napa
Valley viticultural area to the northwest, the Wild Horse Valley and
Solano County Green Valley viticultural areas to the east, and the Los
Carneros viticultural area to the southwest. The proposed Tulocay
boundary does not overlap any of these four viticultural areas and is
totally within the boundaries of the Napa Valley and North Coast
viticultural areas.
We summarize below the supporting evidence submitted with the
petition.
Name Evidence
Both the ``Tulocay'' and ``Tulucay'' spellings have been used since
the middle 1800s and, according to the petitioners, reflect the same
geographical place name in Napa County. The petitioners use the
``Tulocay'' spelling for this viticultural area petition.
The history of the ``Tulocay'' name, the petitioners explain,
originates with an American Indian village in the area. ``California
Place Names,'' by Erwin G. Gudde, originally published in 1949 and
revised in 1998, spells the name as ``Tulucay'' and refers to
``tulkays'' and ``ulucas'' as names of inhabitants of the American
Indian village. ``Old Napa Valley--The History to 1900,'' by Lin Weber,
published in 1998, states that the ``Tulucay'' name comes from an old
Wintun American Indian settlement in the area.
In 1841, Cayetano Juarez named his 8,866-acre Napa area land grant
as ``Tulucay Rancho.'' ``Tulucay, the Past is Father of the Present,''
by Viviene Juarez Rose, includes a description of the 1844 Tulocay
adobe construction, as provided by Domitila Juarez Metcalf, who was the
daughter of Cayetano Juarez. The Juarez Adobe, according to the
petitioners, remains standing today and is used as a restaurant. Also,
Tulocay Creek, thought to be named by Cayetano Juarez, runs south of
the Juarez Adobe.
In 1858, according to the Napa Record newspaper, Juarez deeded 48
acres of his land grant for a cemetery in Tulocay. Today the Tulocay
Cemetery serves as a Napa Valley non-sectarian cemetery. The cemetery
name, the petitioners explain, reflects the historical significance of
the ``Tulocay'' name to the region.
A County of Napa, California, map dated 1876 identifies ``Rancho
Tulucay'' to the east of the town of Napa. Also, a 1902 United States
Coast and Geodetic Survey regional topographic map shows the Tulucay
land grant. Further, three USGS topographic maps label the region as
``Tulocay:'' The 1:100,000-scale metric of Napa, California, dated
1983; the Mt. George Quadrangle map, photoinspected in 1973; and the
Napa Quadrangle map, photorevised in 1980.
Boundary Evidence
The history of winemaking in the Tulocay region dates to the 1860s,
according to documentation provided in the petition. ``The Historical
and Descriptive Sketchbook of Napa, Sonoma, Lake and Mendocino,''
written by C.A. Menefee and published in 1873, describes a large
vineyard area four miles northeast of the City of Napa, to the east of
the Tulocay land grant. The vineyard, the petitioners explain, passed
through several ownerships, and continued producing grapes until at
least 1954. Also, Palaz Vineyard and Silverado Vineyards more recently
replanted grapes in the same vineyard area.
The modern revival of grape growing in the Tulocay region, the
petitioners state, started in 1968 with the Hayes Vineyard near the
center of the proposed Tulocay viticultural area. Other Tulocay region
vineyard plantings include Olive Hill in 1973, Farella-Park in 1979,
Caldwell in 1982, and Sarco in 1992.
The boundaries of the proposed Tulocay viticultural area, according
to the petitioners, include about 65 percent of the original Tulocay
land grant. The petitioners explain that the long viticultural history
and distinctive geography of the Tulocay region fail to coincide
exactly with the boundaries of the original Tulocay land grant. The
petitioners include only the Tulocay lands that meet historic and
distinguishing features criteria appropriate for the proposed
viticultural area. The proposed viticultural area boundary line,
according to the petitioners, safeguards the viticultural integrity and
uniformity of the distinguishing features of the Tulocay grape-growing
region.
The proposed Tulocay viticultural area is nestled in the
southeastern region of the Napa Valley viticultural area, between the
City of Napa at the Napa River and the western Solano County line along
the western ridgeline of the Vaca Range. The boundary line
determination for the proposed Tulocay viticultural area includes
careful petitioner consideration of surrounding established
viticultural areas, each with a distinctive name, history, and set of
distinguishing features.
The eastern proposed Tulocay viticultural area boundary line
incorporates a combination of generally straight lines between unnamed
western Vaca Range peaks and portions of the Napa-Solano County line,
as noted in the written boundary description. With two small
modifications to keep the proposed Tulocay viticultural area totally
within Napa County, the proposed boundary line corresponds closely to,
without overlapping, the Wild Horse Valley and Solano County Green
Valley viticultural areas' western boundary lines, according to the
written boundary descriptions. The proposed Tulocay eastern boundary
line defines the extent of the ``Tulocay'' geographical name
recognition, the petitioners explain. Also, the proposed line includes
all the vineyards on the historic Woodward/Hagen/Cedar Knoll property
and the Farella-Park Vineyard, which are important to Tulocay's modern
viticultural claim.
The southern proposed Tulocay viticultural area boundary line, as
noted in the written boundary description, uses a straight southeast-
to-northwest line from an unnamed 1,686-foot peak to Imola Avenue, and
then continues west on Imola Avenue to the Napa River. The proposed
southern boundary line takes in Caldwell Vineyards, a part of Tulocay's
modern viticultural history, according to the petitioners. Also,
immediately beyond the proposed southern boundary line sits an imposing
east-west transverse ridge that climatically isolates the Tulocay
region from the full impact of the marine influence of San Pablo Bay.
The transverse ridge also separates Tulocay from a floodplain with
differing soils and climate, and from the Napa River's
[[Page 65434]]
transition to a broad slough. The petitioners note that it is difficult
to use the complex terrain of the transverse ridge to develop a precise
and sensible southern boundary line for the proposed Tulocay
viticultural area. Accordingly, the petitioners use a straight line
between two map points and a portion of Imola Avenue to define the
southern limits of the proposed area.
The western proposed Tulocay viticultural area boundary line relies
on the Napa River and Milliken Creek to connect Imola Avenue on the
south to Monticello Road on the north, according to the written
boundary description and the Napa USGS map. Also, the proposed western
boundary line closely reflects the western Tulocay land grant line, and
includes the historic Tulocay Cemetery and the Juarez Adobe.
The northern proposed Tulocay viticultural area boundary line uses
Monticello Road and a straight line from the road's intersection with a
400-foot contour line to the peak of Mt. George, as noted in the
written boundary description. Much of the length of the proposed north
boundary line follows the ridge line separating Sarco Creek on the
south from MiIliken Creek on the north, the petitioners explain. Also,
the proposed northern boundary line includes Tulocay's historical
vineyards and the northernmost limit of its distinctive climate.
Distinguishing Features
The proposed Tulocay viticultural area's distinguishing features,
as described in the petition, include climate, soil, and geography.
Steve Newman, a meteorologist at Earth Environment Service, prepared
documentation for the climate section of this petition. Sidney W.
Davis, a professional soil scientist at Davis Consulting Earth
Scientists, prepared documentation for the geology, geography, and soil
sections of the petition.
Climate
The geographical location and terrain configuration of the proposed
Tulocay viticultural area create a unique microclimate within Napa
Valley. The Tulocay region growing season climate gets more sun and
sustained heat than the foggy Napa Valley flatlands to the south and
west, but less than the more northern areas of Napa Valley. Also, in
the Napa Valley area, the daily summer heating and cooling patterns are
based on the cold marine air and fog drawn onshore and north from the
San Pablo Bay through the flatlands, small valleys, and gaps in higher
terrain.
Tulocay, which climatically contrasts to its southern neighbors,
the Los Carneros and Suscol Creek regions within Napa Valley, sits
apart in a fog-protected partial basin with high ridges. The Los
Carneros and Suscol Creek terrains include predominantly flat, open
topography, allowing unprotected and full summertime exposures to the
cooling fog influence of San Pablo Bay, the petitioners explain. Also,
the open terrain geographically contrasts with the protective ridges
that partially surround Tulocay's basin landform.
The Tulocay viticultural Climate Region II classification averages
between 2,750 and 3,000 total degree-days annually, based on a heat
summation system. (One degree day accumulates for each degree that a
day's mean temperature is above 50 degrees Fahrenheit, which is the
minimum temperature required for grapevine growth; see ``General
Viticulture,'' Albert J. Winkler, University of California Press,
1975.)
Documentation by Mr. Newman and information from ``General
Viticulture'' provide a basis for the climate tables below. The first
table defines each of the five climate regions by annual number of
degree-days. The second table shows the heat summation range of Napa
Valley by climate region, comparing the Tulocay area to other Napa
Valley regions.
------------------------------------------------------------------------
Heat summations by degree-
Climate region days
------------------------------------------------------------------------
I......................................... Less than 2,500.
II........................................ 2,501 to 3,000.
III....................................... 3,001 to 3,500.
IV........................................ 3,501 to 4,000.
V......................................... 4,001 or more.
------------------------------------------------------------------------
------------------------------------------------------------------------
Location in Napa
Climatic region Area of Napa Valley Valley
------------------------------------------------------------------------
I....................... Los Carneros.......... South.
I....................... Suscol Creek.......... South.
II...................... Tulocay............... Southeast.
II...................... Oak Knoll............. South central.
III..................... Oakville.............. North central.
III..................... St. Helena............ Northwest.
III..................... Calistoga............. Northwest.
------------------------------------------------------------------------
The table above shows Napa Valley growing season temperatures,
south to north, that span from Climate Region I to Region III. Mr.
Newman's documentation demonstrates the climatic variability of the
Napa Valley viticultural area based on distances from the cooling
influence of the San Pablo Bay and the varying open or protective
topography.
In the morning, the cooling marine fog in the Tulocay region
usually burns off by about 10 a.m. giving way to sunshine, which occurs
one to two hours earlier than in the foggier Los Carneros and Suscol
Creek areas to the south and west. The transverse ridge south of
Tulocay serves as a dividing line between the geographic isolation of
Tulocay and the cooler and foggier open terrain to its south and west
in the Los Carneros region, Mr. Newman explains.
In the afternoon the inland heat of the Napa Valley region draws
the foggy, marine air off the Pacific Ocean, through the Golden Gate
and San Francisco Bay, and north across San Pablo Bay into Napa Valley,
according to Mr. Newman's description. The Bay's cooling marine
influence, wind, and fog permeate the Los Carneros and Suscol Creek
areas before traveling north and up the Napa Valley. Between 2:30 p.m.
and 3 p.m., the cooling breezes draw over Tulocay's western low ridge
and southwest gap. Mr. Newman explains that the Tulocay region remains
breezy, cool and sunny in the later afternoon, with fog developing in
the evening hours. Also, the rest of Napa Valley to the north receives
the cooling marine air later in the afternoon than the Tulocay region.
In summary, Mr. Newman states that Tulocay enjoys a warmer and
sunnier summer growing season than the cooler and foggier neighboring
areas to the south and west, but a cooler, less sunny growing season
than areas to the north. Also, the Tulocay fog gives way to sunshine
earlier in the day, and the cooling marine winds arrive later in the
day than the fogs in the Los Carneros and Suscol Creek regions to the
south and west. Tulocay's ample sunshine, moderate warmth, and brief
durations of the maximum temperatures during the summer, combine to
create a unique grape-growing climate.
Geology
The western ridge of the Vaca Range, which is also the eastern
proposed Tulocay viticultural area boundary line, consists of Sonoma
Volcanics (pyroclastic rocks), according to the ``Geologic Map of the
Santa Rosa Quadrangle,'' by Wagner and Bortugno, published in 1982. The
Sonoma Volcanics, according to the geologic map, extend both north and
south of the proposed Tulocay viticultural area boundary line. Mr.
Davis adds that valley fill is superimposed on top of the volcanic
materials to the west, with predominantly uplifted and folded marine
sediments to the east.
The center of the proposed Tulocay viticultural area, according to
Mr. Davis, sits on a horseshoe-shaped valley cut into volcanic rock and
backfilled with alluvial deposits. Also, the western-
[[Page 65435]]
most part of the proposed viticultural area includes a remnant island,
or highland of volcanic rock, to the east of the Napa River.
Geography
The Tulocay area sits in a partial basin landform. The basin
geography includes a low ridge along Monticello Road at the proposed
north boundary line; a high ridge from the Vaca Range along the
proposed east boundary line; a high transverse ridge to the immediate
south of the proposed boundary line; a small, low elevation opening to
the southwest for Tulocay Creek; and a river and adjoining creek along
the proposed western boundary line, according to Mr. Davis'
description. The elevations of the proposed Tulocay viticultural area,
according to USGS maps of the region, vary from about 10 feet at the
Napa River shoreline to 1,800 feet at the northeast corner of the
proposed viticultural area along the western ridge of the Vaca Range.
The Tulocay crescent-shaped landform, an area with low and gentle
topography, faces erosion from small watersheds, according to the
petitioners. The Sarco, Kreuse, and Tulocay creeks flow east to west
and through the proposed viticultural area into the Napa River,
according to the USGS maps. The Tulocay area slopes are generally west-
southwest, Mr. Davis states, with a lesser number of east-northeast
facing slopes that provide for variability in soil development.
Soils
Soils in the proposed Tulocay viticultural area develop primarily
from the volcanic parent materials and related weathering products,
according to Mr. Davis. The soils form through stream deposition and
gravitational processes, possibly from a combination of river terraces
and landslide deposits. Also, the soils develop in a xeric climate,
noted for moist, cool winters and warm, dry summers.
The proposed Tulocay viticultural area includes 17 soils map units,
representing a combination of 10 individual soil series, according to
the ``Soil Survey of Napa County,'' published in 1978 by the United
States Department of Agriculture (USDA), Soil Conservation Service
(SCS). The table below lists the predominant parent materials,
landforms and soil series' associations of the proposed Tulocay
viticultural area.
------------------------------------------------------------------------
Soil series
Parent materials Landform association
------------------------------------------------------------------------
Alluvial...................... Flood plains..... Bale-Cole-Yolo
(deeper than 60
inches, poorly to
well-drained).
Alluvial...................... Terraces......... Haire-Coombs (deeper
than 60 inches, well-
drained with
moderately acid
topsoil over
strongly acid
subsoil).
Volcanic...................... Uplands.......... Kidd-Hambright-
Sobrante-Guenoc-
Forward (depth
ranges from less
than 12 inches to
more than 60 inches,
well-drained, and
moderately acid).
------------------------------------------------------------------------
The proposed Tulocay viticultural area dominant soils associations
include terrace soils (Haire-Coombs association) and upland soils
(Kidd-Hambright-Sobrante-Guenoc-Forward association) in almost equal
percentages. Also, the low-lying alluvial soils (Bale-Cole-Yolo
association) exist to a minor extent in the Tulocay area.
Prominent soil features of the proposed Tulocay viticultural area
include significant amounts of allophone, imoglolite, and ferrihydrite
with high phosphate retention, according to Mr. Davis. Also, andic soil
properties, found in the residual soils, come from the weathering of
volcanic parent materials. Thick and dark topsoil (Mollisols)
prominently blankets the area with high organic carbon content,
providing soil fertility and a nutrient reservoir for sustainable and
reliable long-term viticulture, Mr. Davis explains.
Mr. Davis states that the regions surrounding the proposed Tulocay
viticultural area include soil types different from those found within
the proposed boundary. To the north the soils predominantly include
residual upland types, with a small percentage of alluvial soils. To
the east, along the west-facing steep mountain slopes of the Vaca
Range, the shallow soils cover hard bedrock. To the south the soils
include heavy texture clays derived from marine, feldspar-rich
sandstone. To the west, the Napa River and Milliken Creek create an
environment of low-lying flood plain soils.
The Tulocay soils composition develops entirely from residual
volcanic parent material and its secondary weathering products, a rare
occurrence in a California viticultural area, according to Mr. Davis.
Also, the unique Tulocay soils include well-drained, volcanically-
influenced, and organic matter-rich properties. Mr. Davis concludes
that the Tulocay dominant soil characteristics and prevalent properties
distinguish the proposed viticultural area from other areas of the
region.
Comparison of the Proposed Tulocay Viticultural Area to the Established
Napa Valley Viticultural Area
The 11,200-acre proposed Tulocay viticultural area sits entirely
within the larger Napa Valley viticultural area, according to the
petitioners. The Tulocay proposed boundary land space occupies about
three percent of the Napa Valley viticultural area.
The climate of the Tulocay region, according to Mr. Newman,
includes the lack of degree-day variation, in contrast to the larger
Napa Valley viticultural area. Mr. Newman explains that the Tulocay
area experiences Climate Region II degree-days during the growing
season, while Napa Valley areas to the south, and closer to the San
Pablo Bay, experience cooler Climate Region I degree-days. Napa Valley
regions to the north of Tulocay and the City of Napa experience warmer
Climate Region III degree-days.
The partial basin geography of the Tulocay region, according to Mr.
Newman, provides protective climatic boundaries. Also, to the southwest
of the Tulocay region lies the relatively flat Los Carneros area in
close proximity to the San Pablo Bay. The northern regions of the Napa
Valley, according to topographical maps of the area, include a
relatively flat, narrow valley floor and mountain ranges on the east
and west sides.
The soils of the Tulocay region, Mr. Davis explains, include
residual volcanic parent material and secondary weathering products.
Also, the soil features include well-drained, volcanically-influenced
and organic matter-rich properties that create a growing environment
for nutrient-rich, sustainable viticulture.
The petitioner emphasizes that the Tulocay viticultural area
petition documents the history, geographical name identification, and
distinguishing viticultural features of the small Tulocay region
without detracting from the well-known Napa Valley name and distinctive
winegrowing elements. TTB
[[Page 65436]]
believes that the previous establishment of 14 other viticultural areas
completely or partially within the boundary of the 400,000-acre Napa
Valley viticultural area provides evidence of its wide spectrum of
distinguishing features. TTB concludes that this petition to establish
the 11,200-acre Tulocay viticultural area merits consideration and
public comment as invited in this notice.
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 petitioners 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, ``Tulocay,'' will be recognized as a name of viticultural
significance under 27 CFR 4.39(i)(3). The text of the proposed
regulation clarifies this point. Consequently, wine bottlers using
``Tulocay'' 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 ``Tulocay'' name as a term of viticultural
significance for purposes of part 4 of the TTB regulations.
Additionally, because an alternate spelling of ``Tulocay'' appears
in the petition and is cited in this notice as evidence of the area
name, TTB wishes to clarify that the establishment of this viticultural
area as ``Tulocay'' precludes the use of the alternate spelling
``Tulucay.'' Thus, the name ``Tulucay'' will not be permitted in any
reference as to the origin of the wine.
For a wine to be eligible to use as an appellation of origin a
viticultural area name or other term specified as being viticulturally
significant 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 or other term, 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 or other term as an appellation of origin and
that name or other term 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 or
other term 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 ``Tulocay'' 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 Tulocay viticultural area.
Different rules apply if a wine has a brand name containing a
viticultural area name or other viticulturally significant term 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 also are
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, climate, 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 Tulocay viticultural area on wine labels that includes the
word ``Tulocay'' 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, including any brand names using the alternative
spelling ``Tulucay.'' 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/regulations_laws/all_rulemaking.shtml.
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- x 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.
For your convenience, we will post this notice and any comments we
[[Page 65437]]
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 Information
Resource Center. To access the online copy of this notice and the
submitted comments, visit http://www.ttb.gov/regulations_laws/all_rulemaking.shtml.
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 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. Amend subpart C by adding Sec. 9.------------ to read as
follows:
Sec. 9.------------ Tulocay.
(a) Name. The name of the viticultural area described in this
section is ``Tulocay''. For purposes of part 4 of this chapter,
``Tulocay'' is a term of viticultural significance.
(b) Approved maps. The appropriate maps for determining the
boundary of the Tulocay viticultural area are two United States
Geological Survey 1:24,000 scale topographic maps. They are titled:
(1) Mt. George Quadrangle, California, 1951, Photoinspected 1973;
and
(2) Napa Quadrangle, California-Napa Co., 1951, Photorevised 1980.
(c) Boundary. The Tulocay viticultural area is located in Napa
County, California. The boundary of the Tulocay viticultural area is as
described below:
(1) The beginning point is on the Mt. George map at the 1,877-foot
peak of Mt George, section 29, T6N/R3W;
(2) From the beginning point, proceed 0.4 mile straight southeast
to the intersection of the 1,400-foot elevation line and an unnamed
intermittent creek, feeding northeast into Leonia Lakes, section 29,
T6N/R3W; then
(3) Proceed 0.45 mile straight east-southeast to the intersection
of the 1,380-foot elevation line and an unnamed, unimproved dirt road
and then continue in the same straight line of direction to the section
29 east boundary line, T6N/R3W, Mt. George Quadrangle; then
(4) Proceed 0.6 mile straight south-southeast to the unnamed 1,804-
foot elevation point in the northwest quadrant of section 33, T6N/R3W,
Mt. George Quadrangle; then
(5) Proceed southerly in a straight line for 0.95 mile to the
corner of the Napa-Solano County line at the 1,731-foot elevation point
on the T6N/T5N boundary line, R3W, Mt. George Quadrangle; then
(6) Proceed southerly for 0.3 mile along the Napa-Solano County
line to its intersection with a 1,600-foot pinnacle that straddles the
county line, section 4, T5N/R3W, Mt. George Quadrangle; then
(7) Proceed southerly in a straight line for 0.9 mile to the 1,480-
foot elevation point along the section 9 north boundary line, T5N/R3W,
Mt. George Quadrangle; then
(8) Continue southerly in a straight line for 1.3 miles to the
1,351-foot elevation point, section 16, T5N/R3W, Mt. George Quadrangle;
then
(9) Proceed 0.85 mile straight southwest to the corner of the Napa-
Solano County line immediately inside of the section 17 south boundary
line, T5N/R3W, Mt. George Quadrangle; then
(10) Proceed southwesterly for 0.7 mile along the Napa-Solano
County line to its intersection with the 1,686-foot elevation peak,
east of Sugarloaf, section 20, T5N/R3W, Mt. George Quadrangle; then
(11) Proceed northwesterly in a straight line for 2.1 miles to the
90-degree turn of Imola Avenue at the 136-foot elevation point, section
13, T5N/R4W, Mt. George Quadrangle; then
(12) Proceed west for 2.1 miles along Imola Avenue, crossing onto
the Napa map, to its intersection with the Napa River at the Maxwell
Bridge, T5N/R4W, Napa Quadrangle;
(13) Proceed northerly (upstream) for 3.2 miles along the Napa
River to its intersection with Milliken Creek, T6N/R4W, Napa
Quadrangle; then
(14) Continue northerly (upstream) for 0.75 mile along Milliken
Creek to its intersection with Monticello Road, T6N/R4W, Napa
Quadrangle; then
(15) Proceed northeasterly for 2.4 miles along Monticello Road,
crossing onto the Mt. George map, to its intersection with the section
19 west boundary line, T6N/R3W; and
(16) Proceed east-southeasterly in a straight line for 1.4 miles
and return to the beginning point at the 1,877-foot peak of Mt. George.
Signed: October 13, 2006.
John J. Manfreda,
Administrator.
[FR Doc. E6-18891 Filed 11-7-06; 8:45 am]
BILLING CODE 4810-31-P