[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Rules and Regulations]
[Page 64199-64202]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc08-7]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2007-0066; T.D. TTB-71; Re: Notice No. 76]
RIN 1513-AB49
Establishment of the Leona Valley Viticultural Area (2007R-281P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision establishes the 13.4-square mile
``Leona Valley'' American viticultural area in northeastern Los Angeles
County, California. We designate viticultural areas to allow vintners
to better describe the origin of their wines and to allow consumers to
better identify wines they may purchase.
DATES: Effective Date: November 28, 2008.
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 (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act requires that these regulations, among other
things, prohibit consumer deception and the use of misleading
statements on labels, and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the
regulations promulgated under the FAA Act.
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 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.
Leona Valley Petition
Mr. Ralph Jens Carter submitted a petition for establishment of the
13.4-square mile Leona Valley viticultural area on behalf of the
Antelope Valley Winegrowers Association, the Leona Valley Winery, and
Donato Vineyards. The area currently includes 20 acres of vineyards,
and more acreage for wine grape growing is under development. The
proposed Leona Valley viticultural area boundary line does not affect
or overlap any other proposed or established viticultural area.
The proposed boundary line defines an area where viticulture is
already established or has potential for establishment. Consequently,
the area defined is limited to the valley floor and side slopes. The
distinguishing features of the proposed viticultural area include the
physical characteristics of the San Andreas Fault system, the fault-
controlled Leona Valley, and the surrounding, high-elevation mountains.
The climate, geology, and soils distinguish the proposed viticultural
area from areas outside of the proposed boundary line.
Name Evidence
According to the petitioner, the name ``Leona'' derives from an
early rancher named Miguel Leonis, and in the 1880s, a homesteader from
Nebraska called the area ``Leona Valley.'' The ``Leona Valley'' name
identifies a valley, a town within the valley, a ranch (the Leona
Valley Ranch), and a festival (the annual Leona Valley Cherry
Festival).
The petitioner provides maps that show that the Leona Valley is
located in the northeast part of Los Angeles County, California. The
``Leona Valley'' name appears on the USGS Ritter Ridge, Sleepy Valley,
and Del Sur quadrangle maps, which the petitioner uses to define the
boundary line of the proposed viticultural area. The Sleepy Valley map
also identifies a small town in the valley as ``Leona Valley.'' A
recent atlas identifies both a valley and small town within the
proposed viticultural area as ``Leona Valley'' (The DeLorme Southern
and Central California Atlas and Gazetteer, 2005, page 79).
Boundary Evidence
According to the petitioner, and as evidenced by the written
boundary description and the USGS Sleepy Valley quadrangle map, the
proposed viticultural area includes the town and valley which are both
named ``Leona Valley.'' The proposed boundary line borders the Angeles
National Forest to the west and the Antelope Valley and the Mojave
Desert to the northeast. Mountains and hills surround all sides of the
valley. The floor and side slopes of the Leona Valley influence the
shape of the proposed viticultural area, which includes vineyards in
remote, but suitable, areas, but excludes steep slopes where erosion is
a hazard.
According to the petitioner, historically, the Native American
Shoshone Tribe lived as hunters and gatherers in the Leona Valley area.
In
[[Page 64200]]
the mid-1800s, when the Shoshone departed the area, immigrants from
Spain and Mexico started cattle ranching. During the 1880s,
homesteaders from Nebraska, France, and Germany divided the ranches
into smaller parcels for farms.
In the early 1900s the John Ritter family began to plant grapes in
the Leona Valley area. The Ritter family winery, Belvino Vineyards,
aged wine in a cave for at least 5 years before bottling and selling
the wine on national and international markets. During Prohibition, the
Ritters ceased producing wine. The petitioner notes that local
residents report that zinfandel and mission vines planted in the early
1900s are still growing.
Currently, the proposed Leona Valley viticultural area contains 20
acres of commercial wine grape production on the Reynolds Family
Vineyard and an acreage of pinot noir grapes on land owned by Donato
Vineyards. At the time of filing the petition, Donato Vineyards, at the
southeast end of the Leona Valley, planned to develop another 10 acres
for growing wine grapes.
Distinguishing Features
The petitioner states that the distinguishing features of the
proposed Leona Valley viticultural area consist of climate, physical
features, geology, and soils. As evidence of many of the distinguishing
features of the proposed viticultural area, the petitioner cites the
Soil Survey of the Antelope Valley Area, California (United States
Department of Agriculture, Soil Conservation Service, in cooperation
with the University of California Agricultural Experiment Station,
1970).
Climate
The petitioner explains that the soil survey designates the
southern and western parts of the Antelope Valley and the Leona Valley
as Major Land Resource Area (MLRA) 19, Southern California Coastal
Plain. MLRA 19 has a distinctive combination of climate, soils, and
mild temperatures, including an annual, 210- to 300-day frost-free
period. Also, MLRA 19 is hot and dry in summer and cool and moist in
winter. It is suitable to a wide variety of field, fruit, and nut
crops. Annual precipitation ranges from 9 to 16 inches in MLRA 19, and
irrigation use is routine. The soil survey shows that the land
management techniques and cropping systems used in MLRA 19 are
different from those used in the adjacent MLRA 30, Mojave Basin and
Range, and MLRA 20, Southern California Mountains.
The petitioner also cites the Sunset Western Garden Book, which
classifies the Leona Valley area as Zone No. 18, Southern California's
Interior Valleys (Sunset Publishing Corporation, Menlo Park,
California, 1995). In this zone the continental air mass is a major
influence on climate, and the Pacific Ocean determines the climate in
the valley only about 15 percent of the time.
According to the petitioner, annual precipitation within the
proposed Leona Valley viticultural area ranges from 9 to 12 inches. In
the Mojave Desert to the east of the Leona Valley, the range is only 4
to 9 inches. In the mountainous areas surrounding Leona Valley to the
south, west, and north, the range is between 12 and 20 inches.
The petitioner states that the growing season of the proposed
viticultural area consists of warm days and cool nights. The cool
nights slow the ripening of the grapes, helping the grapes to retain
their natural acidity. Air drainage off the slopes of the hills and
mountains helps prevent spring frost damage to grapes.
The petitioner submitted comparative data based on the Winkler
Climate Classification System. In the Winkler system, heat accumulation
per year defines climatic regions for grape growing. As a measurement
of heat accumulation during the growing season, 1 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,'' by Albert J. Winkler,
University of California Press, 1974.) Climatic region I has less than
2,500 degree days per year; region II, 2,501 to 3,000; region III,
3,001 to 3,500; region IV, 3,501 to 4,000; and region V, 4,001 or more.
The petitioner states that the air temperatures during the growing
season in the proposed viticultural area have an average heat summation
of 4,060 degree days, which falls into the low range of region V. The
annual heat summation totals of the regions in and around the proposed
Leona Valley viticultural area are listed in the table below.
------------------------------------------------------------------------
Relative position Average annual heat
Region with reference to summation in degree
Leona Valley days/climatic region
------------------------------------------------------------------------
Leona Valley................ Within.............. 4,060 (low region
V).
Sandberg.................... 25 miles west- 3,370 (mid region
northwest. III).
Tehachapi................... 38 miles north- 2,900 (high region
northwest. II).
Lancaster................... 15 miles northeast.. 4,600 (high region
V).
------------------------------------------------------------------------
Physical Features
According to USGS maps of the region, the Leona Valley is a low,
sloping landform with elevations between 2,932 and 3,800 feet. It is
surrounded by higher hills, Portal Ridge, Ritter Ridge, Sierra Pelona,
and the mountains of the Angeles National Forest, the highest of which
has an elevation of 4,215 feet. According to the petitioner, the Leona
Valley comprises isolated knolls of significantly different elevations
and, in places, narrows to a width of a mile.
The petitioner explains that the San Andreas Fault, a major
continental fault system, is a significant distinguishing feature of
the proposed Leona Valley viticultural area. As shown on the USGS maps
of the region, this fault and its tributary faults in the Leona Valley
trend southeast to northwest. The petitioner explains that the Leona
Valley formed either when two parallel fault lines lifted mountains
beside a drop-down area or when erosion over thousands of years caused
a deep dissection in the fault zone. Seismic movement along the fault
line has formed ridges and isolated hills and exposed various rocks.
The petitioner states that ground water provides a plentiful supply
of water for vineyard irrigation within the proposed Leona Valley
viticultural area. As shown on the Ritter Ridge, Sleepy Valley, and Del
Sur quadrangle USGS maps, many agricultural wells tap into the ground
water.
Geology
The petitioner explains that relative displacement and a lack of
continuity of the rocks on either side of the San Andreas Fault
contribute to the complexity, weakening, and erosion of the parent
rock. Near some portions of the fault the varying sedimentary strata
determine the geologic formation.
Citing a California Department of Conservation Geologic Map, the
[[Page 64201]]
petitioner notes that the mostly nonmarine and unconsolidated alluvium
on the Leona Valley floor is from the Quaternary Period, or about 2
million years old or less. The various types of schist, quartz,
granite, and a complex of mixed, Precambrian igneous and metamorphic
rocks in the valley contrast with the surrounding hills, which formed
on Paleozoic or Mesozoic strata, 65 to 280 million years ago.
Soils
The petitioner explains that a fault increases the variety of rock
exposed on the surface and eventually results in the formation of a
greater variety of soil textures. Thus, the San Andreas fault
influenced the properties and mineralogy of the soils in the Leona
Valley.
The petitioner states that the soils on the Leona Valley floor
differ from those beyond the boundary line of the proposed viticultural
area. The surface layer of the soils in the Leona Valley formed in
mixed decayed organic matter and soil material that originated on the
surrounding mountains. Multiple rock types on the valley floor were the
parent material of alluvial soils that have diverse mineralogy and
texture. The soils on the valley floor are deep and moderately drained;
those on the surrounding hills are shallow and excessively well
drained.
According to the soil survey, the soils of the proposed Leona
Valley viticultural area are mainly the Hanford-Ramona-Greenfield
association on alluvial fans and terraces. This association consists of
nearly level to moderately steep, well drained, very deep soils that
have a surface layer of loamy sand to loam. Hanford soils are well
drained. They do not have a hardpan or a compacted clay layer, and are
easily worked.
According to the petitioner, Chino loam is in some areas of the
proposed Leona Valley AVA. This soil is suited to use as pasture and to
seeding to perennial grasses. It is very deep and poorly drained, and
has a seasonal high water table. Permeability in this soil is slow. In
some places water is ponded on this soil. Growers install drainage
systems or manage their crops to counteract the poor drainage of this
soil.
The petitioner explains that the Vista-Amagora association is among
the dominant soils at higher elevations outside the boundary line of
the proposed Leona Valley viticultural area. This association consists
of strongly sloping to steep, well drained to excessively drained soils
that have a surface layer of coarse sandy loam. South of the valley, in
smaller areas, is the Anaverde-Godde association. It consists of
moderately steep or steep, well drained soils that have a surface layer
of sandy loam or loam.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 76 regarding the proposed Leona Valley
viticultural area in the Federal Register (72 FR 65489) on November 21,
2007. In that notice, TTB invited comments by January 22, 2008, from
all interested persons. We expressed particular interest in receiving
comments on whether the proposed area name would result in a conflict
with currently used brand names. We also solicited comments on the
sufficiency and accuracy of the name, boundary, climatic, and other
required information submitted in support of the petition. We received
13 comments from individuals and groups, including the Antelope Valley
Winegrowers Association and the Antelope Valley Clean Air Group, in
response to that notice. All 13 comments supported the establishment of
the Leona Valley viticultural area as proposed.
TTB Finding
After careful review of the petition and the comments received, TTB
finds that the evidence submitted supports the establishment of the
proposed viticultural area. Therefore, under the authority of the
Federal Alcohol Administration Act and part 4 of our regulations, we
establish the ``Leona Valley'' American viticultural area in Los
Angeles 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 document.
Maps
The maps for determining the boundary of the viticultural area are
listed 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, ``Leona
Valley,'' is recognized under 27 CFR 4.39(i)(3) as a name of
viticultural significance. The text of the new regulation clarifies
this point. Consequently, wine bottlers using ``Leona 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. TTB has
determined that only the full name ``Leona Valley'', and not ``Leona''
standing alone, has viticultural significance.
For a wine to be labeled with a viticultural area name or with a
brand name that includes a viticultural area name or other term
specified as having viticultural significance 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 of viticultural significance 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 of viticultural significance 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 or other term of viticultural significance 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
N.A. Sutton of the Regulations and Rulings Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
[[Page 64202]]
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend title 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.
0
2. Amend subpart C by adding Sec. 9.212 to read as follows:
Subpart C--Approved American Viticultural Areas
Sec. 9.212 Leona Valley.
(a) Name. The name of the viticultural area described in this
section is ``Leona Valley''. For purposes of part 4 of this chapter,
``Leona Valley'' is a term of viticultural significance.
(b) Approved maps. The four United States Geological Survey
1:24,000 scale topographic maps used to determine the boundary of the
Leona Valley viticultural area are titled:
(1) Ritter Ridge, Calif., 1958; Photorevised 1974;
(2) Sleepy Valley, CA, 1995;
(3) Del Sur, CA, 1995; and
(4) Lake Hughes, CA, 1995.
(c) Boundary. The Leona Valley viticultural area is located in Los
Angeles County, California. The boundary of the Leona Valley
viticultural area is as described below:
(1) From the beginning point on the Ritter Ridge map at the
intersection of Elizabeth Lake Pine Canyon Road and the section 23 east
boundary line, T6N, R13W, proceed straight south along the section 23
east boundary line approximately 0.1 mile to its intersection with the
3,000-foot elevation line, T6N, R13W; then
(2) Proceed west along the 3,000-foot elevation line to its
intersection with the section 23 west boundary line, T6N, R13W; then
(3) Proceed south along the section 23 west boundary line to the
southwest corner of section 23 at the 3,616-foot marked elevation
point, T6N, R13W; then
(4) Proceed west along the section 22 south boundary line, crossing
onto the Sleepy Valley map, and continuing along the section 21 south
boundary line, crossing over Pine Creek, to its intersection with the
3,400-foot elevation line, T6N, R13W; then
(5) Proceed west along the 3,400-foot elevation line to its
intersection with the section 19 south boundary line and Bouquet Canyon
Road, T6N, R13W; then
(6) Proceed straight west along the section 19 south boundary line
to its intersection with the 3,560-foot elevation line, an unimproved
road, and a power transmission line, north of Lincoln Crest, T6N, R13W;
then
(7) Proceed northeast along the 3,560-foot elevation line across
section 19 to its east boundary line, T6N, R13W; then
(8) Proceed in a straight line north-northwest approximately 0.25
mile to its intersection with a trail and the 3,800-foot elevation
line, T6N, R13W; then
(9) Proceed northwest along the meandering 3,800-foot elevation
line through section 19 to its intersection with the section 13
southeast corner, T6N, R14W; then
(10) Proceed straight west, followed by straight north, along the
marked Angeles National Forest border to the section 11 southeast
corner; then
(11) Proceed straight north along the section 11 east boundary line
to its intersection with the 3,400-foot elevation line south of an
unimproved road, T6N, R14W; then
(12) Proceed generally northwest along the 3,400-foot elevation
line through section 11, crossing onto the Del Sur map, to its
intersection with the section 3 southeast corner, T6N, R14W; then
(13) Proceed straight west to the section 4 southeast corner, T6N,
R14W; then
(14) Proceed straight north along the section 4 east boundary line
approximately 0.05 mile to its intersection with the 3,600-foot
elevation line, T6N, R14W; then
(15) Proceed northwest along the 3,600-foot elevation line, through
section 4 and crossing onto the Lake Hughes map, to its intersection
with the Angeles National Forest border and the section 4 western
boundary line, T6N, R14W; then
(16) Proceed straight north along the section 4 western boundary
line to its intersection with BM 3402, south of Andrade Corner, T7N,
R14W; then
(17) Proceed in a line straight northeast, crossing onto the Del
Sur map, to its intersection with the marked 3,552-foot elevation
point, section 33, T7N, R14W; then
(18) Proceed in a line straight east-southeast to its intersection
with the marked 3,581-foot elevation point, and continue in a straight
line east-southeast to its intersection with the marked 3,637-foot
elevation point, T6N, R14W; then
(19) Proceed in a line straight northeast to its intersection with
the section 2 northwest corner, T6N, R14W; then
(20) Proceed straight east along the section 2 north boundary line
0.35 mile to its intersection with the 3,600-foot elevation line, T6N,
R14W; then
(21) Proceed north and then generally southeast along the 3,600-
foot elevation line that runs parallel to and south of the Portal Ridge
to the elevation line's intersection with the section 7 east boundary
line, T6N, R13W; then
(22) Proceed straight south along the section 7 east boundary line,
crossing onto the Sleepy Valley map, to its intersection with the
3,400-foot elevation line north of the terminus of 90th Street, T6N,
R13W; then
(23) Proceed generally east-southeast along the 3,400-foot
elevation line that runs north of the San Andreas Rift Zone to its
intersection with the section 16 east boundary line, T6N, R13W; then
(24) Proceed straight south along the section 16 east boundary line
to its intersection with the 3,000-foot elevation line, between Goode
Hill Road and Elizabeth Lake Pine Canyon Road, T6N, R13W; then
(25) Proceed generally southeast along the 3,000-foot elevation
line, crossing onto the Ritter Ridge map, to its intersection with the
section 23 east boundary line, north of the intermittent Amargosa Creek
and Elizabeth Lake Pine Canyon Road, T6N, R13W; then
(26) Proceed straight south along the section 23 east boundary
line, returning to the beginning point.
Signed: April 7, 2008.
John J. Manfreda,
Administrator.
Approved: August 26, 2008.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. E8-25747 Filed 10-28-08; 8:45 am]
BILLING CODE 4810-31-P