[Federal Register Volume 75, Number 102 (Thursday, May 27, 2010)]
[Proposed Rules]
[Pages 29686-29693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12868]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 105; Docket No. TTB-2010-0003]
RIN 1513-AB41
Proposed Establishment of the Pine Mountain-Mayacmas Viticultural
Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
establish the 4,600-acre ``Pine Mountain-Mayacmas'' American
viticultural area in portions of Mendocino and Sonoma Counties,
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. We invite comments on this proposed
addition to our regulations.
DATES: We must receive written comments on or before July 26, 2010.
ADDRESSES: You may send comments on this notice to one of the following
addresses:
http://www.regulations.gov: Use the comment form for this
notice as posted within Docket No. TTB-2010-0003 on
``Regulations.gov,'' the Federal e-rulemaking portal, to submit
comments via the Internet;
Mail: Director, Regulations and Rulings Division, Alcohol
and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412.
Hand Delivery/Courier in Lieu of Mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street, NW., Suite 200-E, Washington, DC
20005.
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.
You may view copies of this notice, selected supporting materials,
and any comments we receive about this proposal within Docket No. TTB-
2010-0003 at http://www.regulations.gov. A direct link to this docket
is posted on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 105. You also may view copies of this
notice, all supporting materials, and any comments we receive about
this proposal by appointment at the TTB Information Resource Center,
1310 G Street, NW., Washington, DC 20220. Please call 202-453-2270 to
make an appointment.
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 (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 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 geographic 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
[[Page 29687]]
States Geological Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
Pine Mountain-Mayacmas Petition
Sara Schorske of Compliance Service of America prepared and
submitted a petition on her own behalf and that of local wine industry
members to establish the 4,600-acre Pine Mountain-Mayacmas American
viticultural area in northern California. Located approximately 90
miles north of San Francisco and 5 miles north-northeast of Cloverdale,
the proposed viticultural area surrounds much of Pine Mountain, which
rises to the east of U.S. 101 and the Russian River, to the north of
the river's Big Sulphur Creek tributary, and to the immediate west of
the Mayacmas Mountains. About two-thirds of the proposed viticultural
area lies in the extreme southern portion of Mendocino County, with the
remaining one-third located in the extreme northern portion of Sonoma
County.
According to the petition and the written boundary description, the
proposed Pine Mountain-Mayacmas viticultural area is totally within the
multicounty North Coast viticultural area (27 CFR 9.30), and it
overlaps the northernmost portions of the established Alexander Valley
viticultural area (27 CFR 9.53) and the Northern Sonoma viticultural
area (27 CFR 9.70). The proposed area currently has 230 acres of
commercial vineyards, the petition states, with another 150 acres under
development.
The petition states that the distinguishing features of the
proposed Pine Mountain-Mayacmas viticultural area include its
mountainous soils, steep topography with high elevations, and a growing
season climate that contrasts with the climate of the Alexander Valley
floor below. Also, the petition notes that Pine Mountain-Mayacmas
vineyards generally are small, 5- to 20-acre plots located on flat or
gently sloping patches of ground found within the proposed area's steep
mountainous terrain, which contrast with the larger vineyards found on
the valley floor.
We summarize below the supporting evidence presented in the
petition.
Name Evidence
According to the petition, the ``Pine Mountain-Mayacmas'' name
combines the names of the major geographical features found within the
proposed viticultural area and serves to locate the proposed area
within northern California. As shown on the provided USGS maps, the
proposed viticultural area surrounds Pine Mountain, a 3,000-foot peak
located on the western flank of the Mayacmas Mountains in northern
Sonoma and southern Mendocino Counties.
The northern portion of the 1998 USGS Asti, California, quadrangle
map shows Pine Mountain rising to 3,000 feet in southern Mendocino
County, near the Sonoma County line. Also, as shown on the Asti map,
Pine Mountain Road climbs from the Cloverdale area and marks a portion
of the proposed viticultural area's southern boundary.
The October 2000 edition of the California State Automobile
Association's Mendocino and Sonoma Coast road map shows the Mayacamas
Mountains spanning north-northwest from approximately Mount St. Helena,
and continuing through the Pine Mountain region to Lake Mendocino. A
1956 regional map produced by the State of California Division of
Forestry, as provided in the petition, shows Pine Mountain northeast of
Cloverdale.
The 1982 publication, ``Cloverdale Then & Now--Being a History of
Cloverdale, California, Its Environs, and Families,'' refers to the
Pine Mountain junction and the Pine Mountain toll road in discussing
the early roads of the region (page 3). This publication also includes
a 1942 picture of homesteaders Hubert and George Smith on Pine Mountain
(page 6). A 1985 article in the Redwood Rancher, ``The Early Wineries
of the Cloverdale Area,'' by William Cordtz, discusses the grape
growing of Mrs. Emily Preston in the late 1800s. The article states
that the Preston Winery ``was on Pine Mountain immediately north of the
present U.S. 101 bridge north of Cloverdale.''
The petition also notes that the Pine Mountain Mineral Water
Company bottled water from springs located on Pine Mountain for more
than 50 years, until the mid-1900s. A copy of one of the company's
bottle labels included in the petition prominently displays the ``Pine
Mountain'' name with a tall mountain in the background and springs in
the foreground.
As noted in the petition and as shown on USGS maps, the Mayacmas
Mountain range covers portions of Mendocino, Sonoma, Napa, and Lake
Counties. The Mayacmas Mountain range divides Lake County from
Mendocino, Sonoma, and Napa Counties, and, the petition states, the
range defines the northern side of the Alexander Valley. According to
the petition, the mountains were named for the Mayacmas Indians. While
the name is sometimes spelled ``Mayacamas'' or ``Maacama,''
``Mayacmas'' is the official spelling used on USGS maps.
Noting that the name ``Pine Mountain'' is commonly used throughout
the United States, the petition states that the use of ``Mayacmas'' in
the proposed viticultural area's name acts as a geographic modifier
that pinpoints the proposed viticultural area's northern California
location. The petitioners believe that ``California'' is not an
appropriate geographical modifier for the viticultural area's name
since there are other Pine Mountains in California. The USGS
Geographical Names Information System (GNIS), for example, lists 21
additional ``Pine Mountains'' in California.
The petition also notes that the Mayacmas Mountains ``are closely
associated with winegrowing'' since the range is home to many vineyards
and wineries. The Mayacmas range, the petition states, divides the
grape growing regions of Ukiah and Clear Lake, and borders the
Alexander Valley (27 CFR 9.53), Napa Valley (27 CFR 9.23), and Sonoma
Valley (27 CFR 9.29) viticultural areas. The petitioners believe that
``Mayacmas is an ideal modifier'' to distinguish the proposed
viticultural area ``from other places with similar names'' and will
``help consumers easily ascertain its general location.''
Boundary Evidence
According to the petition, the proposed 4,600-acre Pine Mountain-
Mayacmas viticultural area encompasses those portions of Pine Mountain
and its lower slopes that are suitable for viticulture. The petition
states that the boundary was drawn in consideration of the mountain's
varying steepness, water availability, and solar orientation.
The petition notes that within the proposed Pine Mountain-Mayacmas
viticultural area vineyard development is limited to the small, 5- to
20-acre plots of flatter ground found within the proposed area's steep
terrain. Limiting factors for these mountain vineyard operations, the
petition explains, include the needs for tractor use and economical
erosion control. The mountain vineyards' patchwork arrangement, the
petition continues, contrasts to the large vineyards, some of 100 acres
or more, found on the floor of the nearby Alexander Valley.
The petition states that the south and southwest sides of Pine
Mountain, included within the proposed area's boundary, have favorable
growing season solar orientation as compared with the less sunny sides
of the mountain outside of the proposed
[[Page 29688]]
boundary line. Successful viticulture depends partially on a favorable
solar orientation to provide adequate growing season sunshine and heat
accumulation. The petition summarizes the rationale for the proposed
Pine Mountain-Mayacmas viticultural area boundary as shown in the table
below:
------------------------------------------------------------------------
Sides of Pine Mountain in relationship
to the proposed viticultural area Viticultural considerations
------------------------------------------------------------------------
North: Outside boundary line........... Inadequate sun and heat.
East: Outside boundary line............ Inadequate sun and heat.
South and southwest at higher Some gentle slopes, good sun
elevations: Inside boundary line. exposure and heat
accumulation, and available
water.
South at lower elevations below Pine Steep terrain and lack of
Mountain Road: Outside boundary line. water.
West at higher elevations: Inside Some gentle slopes, good sun
boundary line. exposure and heat
accumulation, and available
water.
West at lower elevations: Outside Steep terrain.
boundary line.
------------------------------------------------------------------------
The history of grape-growing and winemaking in the Pine Mountain
region goes back to the 19th century, according to the petition. The
1877 ``Thompson Historical Atlas Map of Sonoma County'' lists several
grape growers with vineyards on or near Pine Mountain. These included,
the petition states, George Allen's 2-acre vineyard on the slopes of
Pine Mountain, J.G. Rains' 10-acre vineyard, Clay Worth's 6-acre
vineyard at the base of Pine Mountain, and Wellington Appleton, who
owned 144 acres on the mountain's western slopes.
About 1910, the petition states, Steve Ratto developed a vineyard
and winery at the 1,700-foot elevation of Pine Mountain, and the site
is located inside the southwest boundary line of the proposed
viticultural area. The winery site is shown on a 1956 State of
California Division of Forestry map for the region included with the
petition. The petition notes that remnants of the old winery building
are still visible and that modern vineyards grow on the site as well.
The petition also describes the large vineyard and winery operation
of Hartwell and Emily Preston. The Preston Ranch, dating back to 1869,
came to include over 1,500 acres of land, a 10-acre vineyard, an oak
cooperage, and a large winery and wine cellar. An October 29, 1874,
article in the Russian River Flag newspaper lauded Preston's ``Fruit
and Wine Ranch,'' and noted that it stretched from the eastern bank of
the Russian River to the slopes of Pine Mountain. Reports from the time
state that Preston harvested 40 tons of grapes from his vineyards in
1889. Much of the Preston winery's output was used in the various
patent medicines prescribed by Emily Preston, a well-known faith healer
of the time. According to the USGS Cloverdale Quadrangle map and a map
included in the petition, the former Preston vineyard lies about a mile
outside of the western boundary line of the proposed Pine Mountain-
Mayacmas viticultural area.
Distinguishing Features
Differences in topography, climate, and soils distinguish the
proposed Pine Mountain-Mayacmas viticultural area from the surrounding
areas, according to the petition.
Topography
The proposed Pine Mountain-Mayacmas viticultural area is higher in
elevation, with steeper terrain, than the lower, flatter Alexander
Valley to the proposed viticultural area's southwest. Elevations within
the proposed viticultural area begin at 1,600 feet and rise to the
3,000-foot summit of Pine Mountain. The terrain within the proposed
viticultural area is generally steep and mountainous. Patches of
flatter ground within this steep terrain allow for the development of
areas of small, 5- to 20-acre vineyards.
In contrast, to the west and south, the Alexander Valley floor
rises from about 260 feet in elevation at the Russian River and
continues easterly and upward to the foothills of Pine Mountain and the
Mayacmas Mountains. This flatter, lower terrain allows for the
development of larger vineyards, some 100 acres or more, with different
viticultural characteristics than found in the small mountain
vineyards. Areas to the north and east of the proposed viticultural
area, while similar in elevation and steepness, lack the flatter
patches of ground and water resources needed for vineyard development.
Climate
The distinctive growing season climatic factors of the proposed
Pine Mountain-Mayacmas viticultural area include limited marine fog
cover, abundant sunshine, mild diurnal temperature changes, significant
wind, and heavy winter rainfall, according to the petition. Quoting
local growers, the petition states that the cooler spring climate of
Pine Mountain delays the start of vine growth by about 2 weeks, as
compared to valley vineyards. The sunnier summer growing conditions of
the proposed viticultural area ensure that grape harvest starts at the
same time as on the foggier valley floor. The petition also notes that
the proposed area's growing season climate is cooler during the day,
warmer at night, windier, and wetter than the surrounding, lower
elevation grape growing areas.
In support of these conclusions, the petitioners gathered climatic
data from six regional weather stations within and surrounding the
proposed viticultural area. These were: Cloverdale (southwest of Pine
Mountain at 333 feet), Hopland East (north-northwest of Pine Mountain
at 1,160 feet), Hopland West (northwest of Pine Mountain at 1,200
feet), Sanel Valley (north-northwest of Pine Mountain at 525 feet),
Alexander Valley (at the Seghesio Vineyards valley weather station,
south-southwest of Pine Mountain at 350 feet), and Pine Mountain (at
the Seghesio Vineyards mountain weather station, within the proposed
viticultural area's boundary line at 2,600 feet in elevation).
Fog: Despite the later start of the grape growing season at the
higher elevations of the proposed viticultural area, the differing
elevation-based fog patterns found on Pine Mountain allow grape growth
within the proposed viticultural area to catch up with the earlier
start of the valley vineyards, according to local growers. The petition
states that the heavy fog that frequently blankets the surrounding
valley floors fails to rise to the 1,600-foot minimum elevation of the
proposed Pine Mountain-Mayacmas viticultural area boundary line. The
petition describes the mountain as a sunny island floating above the
fog, and the petition included pictorial documentation of this
phenomenon.
The petition states that the proposed Pine Mountain-Mayacmas
viticultural area averages 3 to 4 hours more sunlight
[[Page 29689]]
a day than the Alexander Valley during the growing season. While the
valley remains blanketed under a heavy fog layer until late morning and
then again later in the afternoon, the higher Pine Mountain elevations
routinely bask in sunshine all day without fog. The extra sunlight and
resulting longer daily period of warmth found on the higher slopes of
Pine Mountain allow grapes to develop quickly and mature at the same
time as those grown in valley floor vineyards.
Temperatures: During the growing season, daytime high temperatures
within the proposed Pine Mountain-Mayacmas viticultural area are
consistently cooler, and overnight temperatures are consistently
warmer, than those found on the Alexander Valley floor, according to
the petition data. The petition includes temperature data gathered by
local grape grower John Copeland, who gathered hourly temperature
readings at several sites within the proposed viticultural area prior
to planting his vineyards there. The petitioners combined Mr.
Copeland's data and that of the valley weather stations noted above in
order to document the diurnal temperature differences between the
proposed area and the lower valley floor. The average temperature
differences between the higher elevations on Pine Mountain and the
lower elevations on the Alexander Valley floor are shown in the table
below:
----------------------------------------------------------------------------------------------------------------
Diurnal
High temperature Low temperature temperature
Region and elevation ([deg] F) ([deg] F) variation (in
[deg] F)
----------------------------------------------------------------------------------------------------------------
Pine Mountain (2,200 feet)............................. 74 60 14
Valley Floor (225 feet)................................ 84 49 35
----------------------------------------------------------------------------------------------------------------
The petition states that nights are warmer on the slopes of Pine
Mountain mainly because cool night mountain air, being heavier than
warm air, drains off the mountain into the valley below. This downward
nocturnal air flow leaves the slopes of Pine Mountain slopes relatively
warmer as compared to the cooler valley air temperatures. In addition,
the petition explains that the marine inversion, a summer coastal
phenomenon, results from a layer of cool, heavy, and moist marine air
and fog that slips beneath the layer of warmer air. This cool, foggy
air blankets the Alexander Valley floor and does not mix with the
lighter, warm air above it on the mountain slopes. This phenomenon, the
petition continues, inverts the normal mountainous air temperature
pattern of cooler temperatures above and warmer temperatures below.
Wind: The proposed Pine Mountain-Mayacmas viticultural area climate
includes stronger and more frequent winds than those found in the
valley below, the petition explains. The petition states that local
growers report that Pine Mountain vineyards are naturally free of
mildew, a vineyard malady commonly found in areas with more stagnant
air.
Precipitation: The petition notes that the proposed viticultural
area receives 30 to 60 percent more rainfall than the valley below.
Southern storms often stall over Pine Mountain and the Mayacmas range,
dropping more rain than in other areas. Pine Mountain also receives
some upper elevation-based snow, something unheard of on the Alexander
Valley floor below, the petition explains.
Soils
According to the petition, the mountain soils within the proposed
Pine Mountain-Mayacmas viticultural area are significantly different
from the alluvial valley soils found at lower elevations outside the
proposed area. The petition documents these differences using United
States Department of Agriculture online soil maps for Mendocino and
Sonoma Counties.
However, as the petition notes, the two county soil maps use
different soils names since the two counties' soil surveys were
conducted years apart using different name protocols. Specifically, the
Sonoma County Soil Survey shows that the portion of the proposed
viticultural area within that county falls within the Los Gatos-
Hennecke-Maymen association, with the Los Gatos soils series the
predominant soil type. The Mendocino County Soil Survey, however, shows
that the portion of the proposed viticultural area within that county
falls within the Maymen-Estel-Snook association.
To show that the soils within the proposed viticultural area are
generally the same in each county, the petition also provides
descriptions of the physical characteristics of the proposed
viticultural area's soils. The petition describes the parent materials
of the proposed Pine Mountain-Mayacmas viticultural area's soils as
fractured shale and weathered sandstone. The petition notes that soils
within the proposed viticultural area are mountainous types, which are
generally steep, shallow to moderately deep, and very well to
excessively well-drained. Also, these mountain soils include large
amounts of sand and gravel. Pine Mountain soils are generally less than
3 feet in depth, the petition continues, with more than half at depths
of 12 inches or less. In contrast, soils found on the Alexander Valley
floor and in other lower elevation areas outside of the proposed
viticultural area are deeper, less well-drained alluvial soils.
Overlap With Established Viticultural Areas
The Sonoma County portion of the proposed Pine Mountain-Mayacmas
viticultural area lies almost entirely within the northern portion of
the established Alexander Valley viticultural area, which, in turn,
lies within the northern portion of the established Northern Sonoma
viticultural area. The Alexander Valley and Northern Sonoma
viticultural areas both lie totally within the North Coast viticultural
area. While located in whole or in part within these existing
viticultural areas, the petitioners believe that the proposed Pine
Mountain-Mayacmas viticultural area is distinguishable from those
existing areas.
For example, the petition states that the 76,034-acre Alexander
Valley viticultural area largely consists of lower elevation valley
floor along the Russian River, with vineyards located below 600 feet,
while the proposed Pine Mountain-Mayacmas viticultural area largely
consists of mountainous terrain located above 1,600 feet. Further, as
noted above, the petition includes climatic data documenting the
differing valley and mountain growing season temperatures, wind, and
fog patterns found in this region.
In addition, the petition notes that the 349,833-acre Northern
Sonoma viticultural area extends 40 miles south from the Mendocino-
Sonoma County line to the southernmost reaches of the Russian River
Valley viticultural area
[[Page 29690]]
(27 CFR 9.66) southwest of Sebastopol. The large Northern Sonoma
viticultural area includes the Alexander Valley (27 CFR 9.53), Knights
Valley (27 CFR 9.76), Chalk Hill (27 CFR 9.52), Russian River Valley
(27 CFR 9.66), Green Valley of Russian River Valley (27 CFR 9.57), and
Dry Creek Valley (27 CFR 9.64) viticultural areas with their differing
microclimates and terrains. According to the petition, the diversity of
the Northern Sonoma viticultural area stands in contrast to the uniform
climate and terrain found within the proposed Pine Mountain-Mayacmas
viticultural area.
The established North Coast viticultural area lies north and
northwest of San Francisco, and includes all of Sonoma County and
portions of Mendocino, Napa, Lake, Solano, and Marin Counties. This
very large viticultural area's distinguishing features include its
distinctive coastal climate and topography. While the proposed Pine
Mountain-Mayacmas viticultural area has a somewhat similar climate, the
petition notes, the proposed area is small, is limited to higher
elevations, and is less foggy than the general North Coast area's
climate.
TTB Determination
TTB concludes that the petition to establish the 4,600-acre Pine
Mountain-Mayacmas American viticultural area merits consideration and
public comment, as invited in this notice.
Relationship to Existing Viticultural Areas
Alexander Valley Viticultural Area
The original Treasury Decision, T.D. ATF-187, establishing the more
than 60,000-acre Alexander Valley AVA, was published in the Federal
Register (49 FR 42719) on October 24, 1984. In the discussion of
geographical features, T.D. ATF-187 relied on the geographical features
of the valley floor and specifically excluded the mountainous area to
the east, primarily because these areas were determined to have
geographical features different from those in the established
viticultural area. T.D. ATF-187 stated that the mountainous area has an
average rainfall of 30 to 70 inches, temperatures of 54 to 58 degrees
Fahrenheit, and a frost-free season of 230 to 270 days but that the
valley floor has an average rainfall of 25 to 50 inches, temperatures
of 54 to 60 degrees Fahrenheit, and a frost-free season of 240 to 260
days. Regarding soils, T.D. ATF-187 stated that the mountain area to
the east is characterized primarily by the Goulding-Toomes-Guenoc and
Henneke-Maymen associations, but the valley floor, by the Yolo-Cortina-
Pleasanton association. TTB notes that the temperature and frost-free
season data concerning the valley and the mountainous area, though
different, are not so different as to be considered significantly
different.
The area in the Alexander Valley viticultural area that also
overlaps the proposed Pine Mountain-Mayacmas viticulture area was added
in Treasury Decision ATF-233, published in the Federal Register (51 FR
30353) on August 26, 1986. In discussing the proposal to add
approximately 1,536 acres to the existing Alexander Valley viticultural
area ``at elevations between 1,600 feet and 2,400 feet above sea level
on Pine Mountain,'' T.D. ATF-233 recognized that ``the land in the area
shares similar geological history, topographical features, soils, and
climatic conditions as adjoining land within the previously established
boundary of the [Alexander Valley] viticultural area.''
However, the petitioner provides more detailed evidence regarding
the geographical features that distinguish the entire proposed Pine
Mountain-Mayacmas viticultural area (including the overlap area) from
the greater portion of the Alexander Valley viticultural area. That
evidence details the significant differences between the areas in
comparable night and day temperatures, rainfall, and soils. The
petitioner also included evidence that the proposed Pine Mountain-
Mayacmas viticultural area climate includes stronger and more frequent
winds than those found in the valley below.
Northern Sonoma Viticultural Area
The Alexander Valley viticultural area is within the Northern
Sonoma viticultural area, and the area of overlap is the same with
respect to both the Northern Sonoma and Alexander Valley viticultural
areas. In addition, the name recognition for the Northern Sonoma
viticultural area does not extend into the portion of the proposed Pine
Mountain Mayacmas viticultural area beyond the boundary line for the
Alexander Valley viticultural area. Historically, the outer boundaries
of four viticultural areas [Alexander Valley, Dry Creek Valley, Russian
River Valley, and Knights Valley] have been used in defining the
boundary of the Northern Sonoma viticultural area.
T.D. ATF-204, which established the Northern Sonoma viticultural
area, states:
Six approved viticultural areas are located entirely within the
Northern Sonoma viticultural area as follows: Chalk Hill, Alexander
Valley, Sonoma County Green Valley, Dry Creek Valley, Russian River
Valley, and Knights Valley.
The Sonoma County Green Valley and Chalk Hill areas are each
entirely within the Russian River Valley area. The boundaries of the
Alexander Valley, Dry Creek Valley, Russian River Valley, and
Knights Valley areas all fit perfectly together dividing northern
Sonoma County into four large areas. The Northern Sonoma area uses
all of the outer boundaries of those four areas with the exception
of an area southwest of the Dry Creek Valley area and west of the
Russian River Valley area.
Note: Sonoma County Green Valley was subsequently renamed Green
Valley of Russian River Valley.
TTB also notes that the Northern Sonoma viticultural area has been
adjusted twice in order to maintain its boundary as being formed by the
outer boundaries of the four areas specified in T.D. ATF-204 (See T.D.
ATF-233 published in the Federal Register on August 26, 1986 (51 FR
30352) and T.D. ATF-300 published in the Federal Register on August 9,
1990 (55 FR 32400)).
North Coast Viticultural Area
In addition to what was previously discussed in this document
concerning the North Coast viticultural area, TTB notes that this
viticultural area, established by T.D. ATF-145, 48 FR 42973 (September
21, 1983), encompasses approximately 40 established viticultural areas,
as well as the proposed Pine Mountain-Mayacmas viticultural area, in
northern California. In the ``Geographical Features'' section, T.D.
ATF-145 states that climate is the major factor in distinguishing the
North Coast viticultural area from surrounding areas, and that all the
areas within the North Coast viticultural area receive marine air and
most receive fog. T.D. ATF-145 also states that ``[due] to the enormous
size of the North Coast, variations exist in climatic features such as
temperatures, rainfall and fog intrusion.''
The proposed Pine Mountain-Mayacmas viticultural area shares the
basic geographical feature of North Coast, marine air that results in
greater amounts of rain in the proposed viticultural area. However, the
proposed viticultural area is much more uniform in its geographical
features than the North Coast viticultural area. In this regard, T.D.
ATF-145 specifically states, ``approval of this viticultural area does
not preclude approval of additional areas, either wholly contained with
the North Coast, or partially overlapping the North Coast * * * the
smaller viticultural areas tend to be more
[[Page 29691]]
uniform in their geographical and climatic characteristics * * *.''
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 petition included 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, ``Pine Mountain-Mayacmas,'' 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.
If this proposed regulatory text is adopted as a final rule, wine
bottlers using ``Pine Mountain-Mayacmas'' 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 full name
of the viticultural area as an appellation of origin. Additionally, TTB
wishes to clarify that if this viticultural area is established as the
``Pine Mountain-Mayacmas'' viticultural area, this establishment would
preclude the use of an alternate spelling, such as ``Pine Mountain-
Mayacamas,'' as the name of the viticultural area on a wine label. It
would also preclude the use of an alternate spelling, such as ``Pine
Mountain-Mayacamas,'' in a brand name, including a trademark, or in
another label reference as to the origin of the wine unless the product
were eligible to use the established name of the viticultural area as
an appellation of origin. 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, 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 for labeling with the viticultural area name or other
viticulturally significant term and that name or 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. Accordingly, if a
previously approved label uses the name ``Pine Mountain-Mayacmas'' for
a wine that does not meet the 85 percent standard, the previously
approved label will be subject to revocation upon the effective date of
the approval of the Pine Mountain-Mayacmas 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 Pine Mountain-Mayacmas viticultural
area. We are interested in receiving comments on the sufficiency and
accuracy of the name, boundary, climate, soils, and other required
information submitted in support of the petition.
In addition, given the proposed Pine Mountain-Mayacmas viticultural
area's location within the multicounty North Coast viticultural area
and its overlap with the Alexander Valley and Northern Sonoma
viticultural areas, we are interested in receiving comments on whether
the evidence submitted in the petition regarding the distinguishing
features of the proposed viticultural area sufficiently differentiates
it from those existing viticultural areas, and, in general, whether the
evidence submitted warrants the establishment of the proposed
viticultural area within the existing North Coast viticultural area and
portions of the Alexander Valley and Northern Sonoma viticultural
areas.
Further, we note that the petitioner provides detailed evidence
regarding the geographical features that distinguish the entire
proposed Pine Mountain-Mayacmas viticultural area (including the
overlap area) from the greater portion of the Alexander Valley
viticultural area. We are interested in receiving comments on whether
approval of the proposed viticultural area with the overlap is
appropriate. That is, are the geographical features of the proposed
viticultural area sufficiently different from those of the Alexander
Valley viticultural area so that overlap is inappropriate, or are there
geographical features of the proposed viticultural area that are
sufficiently similar to those of the Alexander Valley viticultural area
so that overlap is appropriate? We are also interested in comments,
based on any asserted lack of sufficient similarity between
geographical features of the proposed viticultural area and those of
the Alexander Valley viticultural area, on whether the potential
overlap with the Alexander Valley and Northern Sonoma viticultural
areas should be avoided by curtailing both the Alexander Valley and
Northern Sonoma viticultural areas so that these existing viticultural
areas would merely border on rather than overlap the proposed Pine
Mountain-Mayacmas viticultural area, or whether both the Alexander
Valley and Northern Sonoma viticultural areas should be extended to
completely encompass the new area. Please provide any available
specific information in support of your comments.
Because ``Mayacmas'' and ``Mayacamas'' are alternate spellings of
the same name, we are interested in any comments concerning whether
``Pine Mountain-Mayacmas'' should be the name of this viticultural area
or should the name be ``Pine Mountain-Mayacamas''. Additionally,
because of the potential impact of the establishment of the proposed
Pine Mountain-Mayacmas viticultural area on wine labels that include
the term ``Pine Mountain-Mayacmas'' or an alternate spelling, such as
``Pine Mountain-Mayacamas'' as discussed above under Impact on Current
Wine Labels, we are particularly interested in comments regarding
whether there will be a conflict between either of these terms 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.
Submitting Comments
You may submit comments on this notice by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form linked to this notice in Docket No. TTB-2010-0003
on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A link to the docket is available under Notice No.
105 on the TTB Web site at http://
[[Page 29692]]
www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be
attached to comments submitted via Regulations.gov. For information on
how to use Regulations.gov, click on the site's Help or FAQ tabs.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street, NW., Suite 200-E, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 105 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. We do not acknowledge receipt of comments, and we consider
all comments as originals.
If you are commenting on behalf of an association, business, or
other entity, your comment must include the entity's name as well as
your name and position title. If you comment via Regulations.gov,
please include the entity's name in the ``Organization'' blank of the
comment form. If you comment via postal mail, please submit your
entity's comment on letterhead.
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 comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or that is inappropriate
for public disclosure.
Public Disclosure
On the Federal e-rulemaking portal, Regulations.gov, we will post,
and the public may view, copies of this notice, selected supporting
materials, and any electronic or mailed comments we receive about this
proposal. A direct link to the Regulations.gov docket containing this
notice and the posted comments received on it is available on the TTB
Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice
No. 105. You may also reach the docket containing this notice and the
posted comments received on it through the Regulations.gov search page
at http://www.regulations.gov.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including e-mail addresses. We may omit voluminous
attachments or material that we consider unsuitable for posting.
You and other members of the public may view copies of this notice,
all related petitions, maps and other supporting materials, and any
electronic or mailed comments we receive about this proposal by
appointment at the TTB Information Resource Center, 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 202-453-2270 to schedule an appointment or to
request copies of comments or other materials.
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. Therefore, it requires no regulatory
assessment.
Drafting Information
Nancy 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. Subpart C is amended by adding Sec. 9.---- to read as follows:
Sec. 9.---- Pine Mountain-Mayacmas.
(a) Name. The name of the viticultural area described in this
section is ``Pine Mountain-Mayacmas''. For purposes of part 4 of this
chapter, ``Pine Mountain-Mayacmas'' is a term of viticultural
significance.
(b) Approved maps. The three United States Geological Survey 1:
24,000 scale topographic maps used to determine the boundary of the
Pine Mountain-Mayacmas viticultural area are titled:
(1) Asti Quadrangle--California, 1998;
(2) Cloverdale Quadrangle--California, 1960, photoinspected 1975;
and
(3) Highland Springs Quadrangle--California, 1959, photorevised
1978.
(c) Boundary. The Pine Mountain-Mayacmas viticultural area is
located in Sonoma and Mendocino Counties, California. The boundary of
the Pine Mountain-Mayacmas viticultural area is as described below:
(1) The beginning point is on the Asti map at the intersection of
Pine Mountain Road and the Sonoma-Mendocino County line, section 35,
T12N, R10W. From the beginning point, proceed southwesterly on Pine
Mountain Road to its intersection with a light duty road known locally
as Green Road, section 33, T12N, R10W; then
(2) Proceed northerly on Green Road approximately 500 feet to its
first intersection with the 1,600-foot contour line, section 33, T12N,
R10W; then
(3) Proceed northwesterly along the meandering 1,600-foot contour
line, crossing onto the Cloverdale map in section 32, T12N, R10W, and
continue to the contour line's intersection with the Sonoma-Mendocino
County line at the northern boundary of section 31, T12N, R10W; then
(4) Proceed northeasterly along the meandering 1,600-foot contour
line to its intersection with the intermittent Ash Creek, section 29,
T12N, R10W; then
(5) Proceed northeasterly in a straight line, crossing onto the
Asti map, to the unnamed 2,769-foot peak located south of Salty Spring
Creek, section 20, T12N, R10W; then
(6) Continue northeasterly in a straight line, crossing onto the
Highland Springs map, to the unnamed 2,792-foot peak in the northeast
quadrant of section 21, T12N, R10W; then
(7) Proceed east-southeasterly in a straight line, crossing onto
the Asti map, to the unnamed 2,198-foot peak in section 23, T12N, R10W;
and then
[[Page 29693]]
(8) Proceed south-southeasterly in a straight line, returning to
the beginning point.
Signed: May 24, 2010.
John J. Manfreda,
Administrator.
[FR Doc. 2010-12868 Filed 5-26-10; 8:45 am]
BILLING CODE 4810-31-P