[Federal Register Volume 75, Number 170 (Thursday, September 2, 2010)]
[Proposed Rules]
[Pages 53877-53883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21989]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2010-0005; Notice No. 108]
RIN 1513-AB55
Proposed Establishment of the Antelope Valley of the California
High Desert Viticultural Area
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 665-square mile ``Antelope Valley of the California High
Desert'' viticultural area in Los Angeles and Kern 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 November 1, 2010.
ADDRESSES: You may send comments on this notice to one of the following
addresses:
http://www.regulations.gov (Federal e-rulemaking portal;
follow the instructions for submitting comments);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington,
DC 20044-4412; or
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 at http://www.regulations.gov within Docket No. TTB-2010-0005. 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. 108. You also may view copies
of this notice, all related petitions, maps or other 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; 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 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 States Geological
Survey (USGS) maps; and
[[Page 53878]]
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
Antelope Valley of the California High Desert Petition
Mr. Ralph Jens Carter, on behalf of the Antelope Valley Winegrowers
Association, proposes to establish the Antelope Valley of the
California High Desert viticultural area. The proposed viticultural
area covers 665 square miles, and lies in inland southern California,
approximately 50 miles north of the Los Angeles metropolitan area. TTB
notes that the proposed viticultural area is not within, does not
contain, and does not overlap any existing or currently proposed
viticultural area. In 2007, the proposed viticultural area included 128
planted acres in 16 commercial vineyards, and 2 bonded wineries,
according to a listing in the petition exhibits.
The distinguishing features of the proposed Antelope Valley of the
California High Desert viticultural area are climate, geology,
geography, and soils, according to the petition. The Antelope Valley is
surrounded by mountains on three sides and by a desert on the other
side; it has an arid climate, desert soils, and a valley geomorphology.
History of Agriculture and Viticulture in the Antelope Valley
For an estimated 11,000 years, various cultures have populated the
Antelope Valley region, according to the petitioner. Native American
tribes, traveling north from what is now Arizona and New Mexico, used
the valley as a trade route.
In the 1880s and early 1890s, Antelope Valley had ample rainfall
and available surface water for farming. When settlers needed
irrigation for farming, they initially used water from mountain
streams, but eventually they dug wells into underground water
reservoirs.
The petition states that early viticulture in the Antelope Valley
area consisted of two growers in Lancaster (``Directory of the Grape
Growers and Winemakers in California,'' Compiled by Clarence J.
Wetmore, Secretary of the Board of State Viticulture Commissioners,
1888). By 1893, viticulture in the area grew to 239 acres of vines, 6.5
acres of wine grapes, and 8 growers (``Vineyards of Southern
California,'' E.C. Bichowsky, California Board of State Viticultural
Commissioners, 1893).
A drought in 1894 and Prohibition (1919-1933) ended viticulture in
Antelope Valley, according to the petition. However, in the early 20th
century water supplies for general farming in the valley became
dependable as gasoline engines and electric pumps came into use. In
1913, the Los Angeles Aqueduct, extending from Owens Valley in
southeastern California to Los Angeles, was built. Bordering the north
side of Antelope Valley, it also helped revive the agricultural economy
in the valley. Viticulture restarted in 1981, when Steve Godde planted
5 acres to grapevines on the west side of the valley.
Name Evidence
The name ``Antelope Valley of the California High Desert'' combines
the name recognition of the valley and the California high desert area
into a single geographic descriptor, according to the petitioner. The
modifier ``California High Desert'' distinguishes the proposed
viticultural area from other places in California and elsewhere also
called ``Antelope Valley;'' it is commonly used by area inhabitants to
distinguish and identify the Antelope Valley located in the high desert
in southeastern California. According to the Geographic Names
Information System (GNIS) maintained by the USGS, the ``Antelope
Valley'' name identifies 35 geographical locations in 10 States,
including 9 locations in California.
The petition contains several documents and citations that refer to
the ``Antelope Valley'' in Los Angeles and Kern Counties, as follows:
The USGS 1974 photorevised Little Buttes Quadrangle; the 1977 Geologic
Map of California, compiled by Charles W. Jennings; the 2005 DeLorme
Southern and Central California Atlas and Gazetteer; the California Air
Resources Board Web site; and the 2001 California State Automobile
Association (CSAA) Coast and Valley edition. The petition also includes
excerpts of the 2006 Antelope Valley AT&T telephone directory listing
more than 80 entities--businesses, churches, and health care providers,
a college, a high school district, and a chamber of commerce--with
``Antelope Valley'' in their names.
References to the ``High Desert'' in the proposed viticultural area
name include an excerpt from the 2006 Antelope Valley AT&T telephone
directory, according to the petition. The telephone directory lists 25
entities in the subject Antelope Valley area--businesses, health care
providers, a school, a church, and a hospital--with ``High Desert'' in
their names.
Also of relevance, Antelope Valley is described as ``Medium to high
desert of California and southern Nevada'' in the ``Sunset Western
Garden Book'' (Kathleen Norris Brenzel, editor, eighth edition, January
2007, Sunset Publishing Corporation, Menlo Park, California), which is
discussed in more detail below.
Boundary Evidence
The Antelope Valley region is a wedge-shaped portion of the western
Mojave Desert, according the petitioner. The north and west sides of
the wedge border the Tehachapi Mountains; the south side, the San
Gabriel Mountains, the Sierra Pelona Mountains, and Portal Ridge. The
east side is an open continuation of the Mojave Desert.
The boundary line for the proposed Antelope Valley of the
California High Desert viticultural area defines an area in the greater
Antelope Valley region. The proposed viticultural area has similar
climate, geology, geography, and soils. These geographical features are
distinct from the areas outside of the proposed viticultural area.
The proposed north boundary line is defined by a portion of the Los
Angeles Aqueduct, streets, elevation lines, a trail, the southwest
perimeter of the Edwards Air Force Base (AFB), and a series of
stairstep section lines. The proposed east boundary line is defined by
a section line. The proposed south boundary line is defined by
elevation lines and a portion of the California Aqueduct system, which
runs along the foothills of the surrounding mountains. The proposed
west boundary line is defined by a portion of the Los Angeles Aqueduct.
No part of Edwards AFB lies within the proposed viticultural area.
Distinguishing Features
The distinguishing features of the proposed Antelope Valley of the
California High Desert viticultural area include climate, geology,
geography, and soils, according to the petition.
Climate
The petition states that, in most years, summers in the Antelope
Valley are hot and dry and winters are relatively cold (Soil Survey of
the Antelope Valley Area, California, 1970, U.S. Department of
Agriculture, Soil Conservation Service, in cooperation with the
University of California Agricultural Experiment Station). Annual
precipitation in the valley ranges from 4 to 9 inches, with little or
no snow. The growing season is 240 to 260 days long. The table below
summarizes the climate data presented in the petition for the Antelope
Valley and the surrounding areas. The data are discussed in the text
below.
[[Page 53879]]
Annual Precipitation, Growing Season Length, Winter Low Temperatures, Sunset Climate Zone, and Winkler Climate Region for Antelope Valley and the
Surrounding Areas
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Antelope North East Southeast South central Southwest West
Valley ---------------------------------------------------------------------------------------------------------
---------------- San Gabriel San Gabriel
Location Tehachapi Victorville Mountains San Gabriel Mountains,
Within Mountains and Edwards transitioning to Mountains, lower higher Sandberg
AFB higher elevations elevations elevations
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Annual precipitation (in.).... 4-9 12-20............ 1.4-5 10-20............ 10-20........... 9-20............ 14-16
Growing season (days)......... 240-260 50-100........... 215-235 170-190.......... 220-240......... 100-150......... 50-100
Sunset climate zone *......... 11 1A............... 10 7................ 18.............. 2A.............. 1A
Winkler region/degree days **. V (4,600) No Data.......... V (4,900) No Data.......... No Data......... No Data......... III (3,370)
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* See the ``Sunset Western Garden Book'' (Brenzel), discussed below.
** See ``General Viticulture'' (Winkler), discussed below.
Hot summers, cold winters, and widely varying daily temperatures
characterize the climate in the Antelope Valley, according to the
petition. On average, 110 days a year have high temperatures above 90
degrees F, but nights are mild. The growing season extends from mid-
March to early November. Winter low temperatures range from 6 to 11
degrees F.
In the mountainous areas to the south, west, and north of the
Antelope Valley, summers are cool and winters are cold, according to
the petition. To the west, in addition to the mountainous region, are
areas of lower elevation terrain with a longer and warmer growing
season conducive to successful viticulture. Annual precipitation is 9
to 20 inches, significantly more than the 4 to 9 inches of
precipitation in the valley; consequently, it increases the groundwater
supply in the valley. The growing season in the mountains ranges from
50 to 240 days, but in the proposed viticultural area is 240 to 260
days.
Northeast of the proposed viticultural area lies Edwards AFB, for
which climate data related to agriculture or viticulture is limited,
according to the petition. To the southeast, in an Antelope Valley-
Mojave Desert transition zone, summers are hot; winters are mild with
neither severe cold nor high humidity. The growing season of this
transition zone is 170 to 190 days--shorter than that in the Antelope
Valley.
There are 24 climate zones within the continental western United
States, according to the ``Sunset Western Garden Book'' (Brenzel).
Sunset climate zones are based on factors such as winter minimum
temperatures, summer high temperatures, length of the growing season,
humidity, and rainfall patterns. These factors are determined by
latitude, elevation, ocean proximity and influence, continental air,
hills and mountains, and local terrain. Sunset climate zone 1 is the
harshest cold weather, and Sunset climate zone 24, the mildest.
The Antelope Valley lies in Sunset climate zone 11, ``Medium to
high desert of California and southern Nevada,'' according to the
petition. Areas 11 miles or less to the north, west, and south of the
Antelope Valley are in different Sunset climate zones. The Tehachapi
Mountains, to the north, and Sandberg, to the west, are in Sunset
climate zone 1A, ``Coldest mountains and intermountain areas throughout
the contiguous states and southern British Columbia.'' Winter low
temperatures are 0 to 11 degrees F. The growing season in this zone
generally lasts from end of May to the first part of September, and
summers are mild. To the south, in the higher elevations of the San
Gabriel Mountains, lies Sunset climate zone 2A, ``Cold Mountain and
Inter-Mountain'' Areas.'' Winter low temperatures are 10 to 20 degrees
F.
In the lower-elevation areas of the San Gabriel Mountains south of
the Antelope Valley lies Sunset climate zone 18, ``Above and below the
thermal belts in Southern California's interior valleys.'' The growing
season can extend from the end of March to late November. Winter low
temperatures average between 7 and 22 degrees F. This area is an
intermediate zone where the Antelope Valley transitions to the part of
the San Gabriel Mountains in Sunset climate zone 2A.
Southeast of the Antelope Valley, where the San Gabriel Mountains
transition to higher elevations, lies Sunset climate zone 7,
``California's Gray Pine Belt.'' The growing season, from late April to
early October, extends from 170 to 190 days. Summers are hot, and
winters are mild. Winter low temperatures average between 26 to 35
degrees F.
The area to the east of the Antelope Valley, near Victorville and
Edwards AFB, lies in Sunset climate zone 10, ``High desert areas of
Arizona and New Mexico.'' This zone includes the part of the Mojave
Desert near the California-Nevada border. The growing season, early
April to November, averages 225 days. Winter low temperatures average
between 22 to 25 degrees F.
The Winkler climate classification system uses heat accumulation
during the growing season to define climatic regions for viticulture
(``General Viticulture,'' by Albert J. Winkler, University of
California Press, 1974, pp. 61-64). 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, the minimum temperature required for grapevine growth.
Climatic region I has less than 2,500 growing 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 proposed Antelope Valley of the California High Desert
viticultural area has an annual average heat accumulation of 4,600
degree days and therefore is in Winkler climate region V, according to
the petition. The areas to the east, also in Winkler region V, have a
greater annual heat accumulation (4,900 degree days) but a shorter
growing season (215 to 235 days) compared to the proposed viticultural
area. Sandberg, to the west of the Antelope Valley, is in Winkler
region III. Most mountainous areas surrounding the Antelope Valley are
not assigned to a Winkler climate region because they are too cold to
support commercial viticulture.
Geology
Geology has influenced the topography of the Antelope Valley, the
[[Page 53880]]
surrounding mountains, and the neighboring desert, according to the
petition. The distinguishing geologic features of the proposed
viticultural area are valley fill, alluvial soils, diverging fault
lines, and relatively young rocks.
The topography of the Mojave Desert of California, of which the
Antelope Valley is a part, varies from fault scarps and playas to
surrounding hills and mountains. Valley fill is thickest in the
Antelope Valley, in the westernmost part of the Mojave Desert.
The Antelope Valley region is a geologically old basin that more
recent alluvium has filled. Intermittent and ephemeral streams drain
into two playas within the basin: Rosamond and Rogers Dry Lakes (U.S.
Department of Agriculture, Soil Conservation Service). The valley
landform resulted from a depression at the intersection of diverging
fault lines from branches of the Garlock and San Andreas Faults. The
valley's steep vertical relief evolved from a strike slip on the San
Andreas Fault or an associated, branching fault.
The relatively young age of the alluvial fill within the proposed
viticultural area contrasts with the age of rocks in the surrounding
areas, according to the petition. The rocks in the Antelope Valley
region date primarily to the Cenozoic Era (65.5 million years ago to
recent). The alluvial fill is Quaternary (2 million years ago to
recent). Surrounding the Antelope Valley region, the rocks generally
date to the Cretaceous Period (65 to 136 million years ago), the
Jurassic Period (136 to 190 million years ago), and the Triassic Period
(190 to 225 million years ago).
Plutonic rocks are predominant in the mountainous areas surrounding
the proposed viticultural area boundary line. They include crystalline,
granite, quartz diorite, quartz monzonite, and granodiorite. These
rocks, the granite and diorite granite rocks in particular, weathered
to form mainly consolidated and unconsolidated, mostly nonmarine
alluvium on the valley floor. However, Oso Canyon, at the western tip
of the valley, is a sedimentary bed dating to the Miocene epoch (about
23 to 5 million years ago).
Geography
The terrain of the proposed Antelope Valley of the California High
Desert viticultural area is characterized by significant uniformity and
continuity, according to the petition. Slopes are level or nearly level
on the valley floor, but range to gently sloping to moderately sloping
on rises at the upper elevations of the terraces and alluvial fans.
And, although the proposed viticultural area is approximately 52 miles
wide, elevation varies only 838 feet, as shown on the USGS maps. The
elevation of the surrounding mountains varies from that of the valley
by approximately 450 to 4,900 feet, as shown on the USGS maps and the
table below.
Elevation of Locations in the Antelope Valley and Surrounding Areas
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Distance from
proposed Direction from proposed viticultural
Location Area viticultural area area Elevation (feet)
(mi.)
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Antelope Valley..................... Greater Antelope Valley 0 Within............................... 2,300 to 3,100.
region.
Double Mountain..................... Tehachapi Mountains.... 10.5 North................................ 7,981.
Soledad Mountain.................... Rosamond Hills......... 2 North................................ 4,500.
Silver Peak......................... Shadow Mountains....... 16 East................................. 4,043.
Burnt Peak.......................... Liebre Mountains....... 6 South................................ 5,888.
Mount McDill........................ Sierra Pelona Range.... 6.25 South................................ 5,187.
Pine Peak........................... Liebre Mountains....... 2.25 West................................. 3,555.
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Soils
The proposed Antelope Valley of the California High Desert
viticultural area lies on the western rim of an old alluvial basin with
interior drainage by intermittent and ephemeral streams (U.S.
Department of Agriculture, Soil Conservation Service). The proposed
boundary line closely follows the highest elevations of the alluvial
fans and terraces of the basin.
The soils in the Antelope Valley formed in alluvium weathered from
granite and other rocks in the surrounding mountains, according to the
petition. They are very deep loamy fine sand to loam and silty clay.
The soils are well drained and well aerated in the root zone. They are
mineral rich, and fertility is low to moderate. The available water
capacity ranges from 5 to 12 inches.
The predominant soils in the proposed viticultural area are the
Hesperia-Rosamond-Cajon, Adelanto, Arizo, and Hanford-Ramona-Greenfield
associations. These soils formed in alluvium derived from granitic rock
on alluvial fans and terraces. Generally, they vary in drainage, slope,
elevation, and natural vegetation.
The Hesperia-Rosamond-Cajon association consists of moderately well
drained to excessively drained soils on 0 to 15 percent slopes.
Elevations range from 2,400 to 2,900 feet. Natural vegetation includes
annual grasses, forbs [wild flowers], Joshua tree, Mormon tea, rabbit
brush, and large sagebrush.
The Adelanto association consists of well drained soils on 0 to 5
percent slopes. Elevations range from 2,450 to 2,800 feet. Natural
vegetation consists of annual grasses and forbs and in some areas
desert stipa, sagebrush, creosote bush, Joshua tree, and juniper.
The Arizo association consists of excessively well drained soils on
0 to 5 percent slopes. Elevations range from 2,950 to 3,100 feet.
Natural vegetation includes annual grasses, forbs, creosote bush,
Mormon tea, and rabbit brush.
The Hanford-Ramona-Greenfield association consists of well drained
soils on 0 to 30 percent slopes. Elevations range from 2,600 to 3,900
feet. Natural vegetation includes annual grasses and forbs and, in
scattered areas, juniper.
Unlike the soils in the Antelope Valley, the soils on the
surrounding uplands are generally shallow, excessively well drained,
coarse sandy loam, and available water capacity is 1.5 to 7 inches.
Included with the soils in the Antelope Valley are saline soils in
small, scattered areas within the proposed viticultural area. Outside
the proposed viticultural area, near Rosamond and Rogers Lakes, saline
soils appear as larger areas. TTB notes that saline soils are not
suitable for agriculture, including viticulture.
TTB Determination
TTB concludes that the petition to establish the 665-square mile
``Antelope Valley of the California High Desert'' viticultural area
merits consideration
[[Page 53881]]
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 petitioner provided the required maps, and we list them below
in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. If we establish this proposed viticultural area, its
name, ``Antelope Valley of the California High Desert,'' 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.
Therefore, the proposed part 9 regulatory text set forth in this
document specifies ``Antelope Valley of the California High Desert'' as
terms of viticultural significance for purposes of part 4 of the TTB
regulations. If this proposed regulatory text is adopted as a final
rule, wine bottlers using ``Antelope Valley of the California High
Desert'' 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 ``Antelope Valley of the California High
Desert'' 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
identified 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 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 ``Antelope Valley of the California High Desert'' 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 Antelope Valley of the California High Desert
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 Antelope Valley of the California High
Desert 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. Please
provide any available specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Antelope Valley of the California High Desert viticultural
area on wine labels that include the name ``Antelope Valley of the
California High Desert'' as discussed above under Impact on Current
Wine Labels, we are particularly interested in comments regarding
whether there will be a conflict between this name and currently used
brand names. If a commenter believes that a conflict will arise, the
comment should describe the nature of that conflict, including any
negative economic impact that approval of the proposed viticultural
area will have on an existing viticultural enterprise. We are also
interested in receiving suggestions for ways to avoid any conflicts,
for example, by adopting a modified or different name for the
viticultural area.
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 posted with this notice in Docket No. TTB-2010-0005
on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under
Notice No. 108 on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on ``User Guide'' under ``How
to Use this Site.''
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. 108 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 http://www.regulations.gov, please enter the entity's name in the
``Organization'' blank of the comment form. If you comment via 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 inappropriate for
public disclosure.
Public Disclosure
On the Federal e-rulemaking portal, Regulations.gov, we will post,
and you 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. 108.
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
[[Page 53882]]
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 also 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
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 I, 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.---- Antelope Valley of the California High Desert.
(a) Name. The name of the viticultural area described in this
section is ``Antelope Valley of the California High Desert''. For
purposes of part 4 of this chapter, ``Antelope Valley of the California
High Desert'' is a term of viticultural significance.
(b) Approved maps. The 20 United States Geological Survey 1:24,000
scale topographic maps used to determine the boundary of the Antelope
Valley of the California High Desert viticultural area are titled:
(1) Rosamond Quadrangle, California, 1973;
(2) Rosamond Lake Quadrangle, California, 1973;
(3) Redman Quadrangle, California, 1992;
(4) Rogers Lake South Quadrangle, California, 1992;
(5) Alpine Butte Quadrangle, California-Los Angeles Co., 1992;
(6) Hi Vista Quadrangle, California-Los Angeles Co., 1957, revised
1992;
(7) Lovejoy Buttes Quadrangle, California-Los Angeles Co., 1957,
revised 1992;
(8) El Mirage Quadrangle, California, 1956, revised 1992;
(9) Littlerock Quadrangle, California-Los Angeles Co., 1957,
revised 1992;
(10) Palmdale Quadrangle, California-Los Angeles Co., 1958,
photorevised 1974;
(11) Ritter Ridge Quadrangle, California-Los Angeles Co., 1958,
photorevised 1974;
(12) Lancaster West Quadrangle, California-Los Angeles Co., 1958,
photorevised 1974;
(13) Del Sur Quadrangle, California-Los Angeles Co., 1995;
(14) Lake Hughes Quadrangle, California-Los Angeles Co., 1995;
(15) Fairmont Butte Quadrangle, California, 1995;
(16) Neenach School Quadrangle, California, 1995;
(17) Tylerhorse Canyon Quadrangle, California-Kern Co., 1995;
(18) Willow Springs Quadrangle, California-Kern Co., 1965,
photorevised 1974;
(19) Little Buttes Quadrangle, California, 1965, photorevised 1974;
and
(20) Soledad Mtn. Quadrangle, California-Kern Co., 1973.
(c) Boundary. The Antelope Valley of the California High Desert
viticultural area is located in Los Angeles and Kern Counties,
California. The boundary of the Antelope Valley of the California High
Desert viticultural area is as described below:
(1) The beginning point is on the Rosamond map at the intersection
of the Kern and Los Angeles Counties boundary line and the Edwards Air
Force Base (AFB), boundary line, T8N, R12W. From the beginning point,
proceed south along the Edwards AFB boundary line to BM 2297, T8N,
R12W; then
(2) Proceed generally east along the Edwards AFB boundary line,
crossing over the Rosamond Lake and Redman maps onto the Rogers Lake
South map, to the 2,500-foot elevation line along the section 30 north
boundary line, T8N, R9W; then
(3) Proceed southwest along the 2,500-foot elevation line, crossing
over the Redman map onto the Alpine Butte map, where the elevation line
changes to a southeast direction, and continues onto the Hi Vista map
to the line's intersection with J Avenue, T7N, R9W; then
(4) Proceed straight east along J Avenue 0.2 mile to the
intersection of the section 20 northeast corner and 160th St. E, T7N,
R9W; then
(5) Proceed straight south along 160th St. E to the section 33
northwest corner, T7N, R9W; then
(6) Proceed in a clockwise direction along the section 33 north and
east boundary lines to the section 3 northwest corner at the marked
2,585-foot elevation point, T6N, R9W; then
(7) Proceed in a clockwise direction along the section 3 north and
east boundary lines to the section 11 northwest corner, T6N, R9W; then
(8) Proceed in a clockwise direction along the section 11 north and
east boundary lines, crossing onto the Lovejoy Buttes map, to the
section 13 northwest corner, T6N, R9W; then
(9) Proceed in a clockwise direction along the section 13 north and
east boundary lines, continuing south to the section 30 northwest
corner, T6N, R8W; then
(10) Proceed in a clockwise direction along the section 30 north
and east boundary lines, continuing south to the section 32 northwest
boundary line, T6N, R8W; then
(11) Proceed in a clockwise direction, crossing onto the El Mirage
map, along the section 32 north and east boundary lines, continuing
south on the section 8 east boundary line to the line's intersection
with the 3,100-foot elevation line, T5N, R8W; then
(12) Proceed west-southwest along the 3,100-foot elevation line,
crossing over the Lovejoy Buttes map onto the Littlerock map, and
continuing to the line's intersection with the California Aqueduct,
about 0.25 mile south of Pearlblossom Highway, section 22, T5N, R10W;
then
[[Page 53883]]
(13) Proceed generally north, northwest, and west along the
California Aqueduct, crossing over the Palmdale, Ritter Ridge,
Lancaster West, Del Sur, Lake Hughes, and Fairmont Butte maps, onto the
Neenach School map, to the aqueduct's intersection with the Pacific
Crest National Scenic Trail and the Los Angeles Aqueduct in section 16,
T8N, R16W; then
(14) Proceed north and northeast along the Pacific Crest National
Scenic Trail and the Los Angeles Aqueduct as the aqueduct crosses over
the Fairmont Butte map onto the Tylerhorse map to the 3,120-foot,
marked elevation point at the West Antelope Station, section 3, T9N,
R15W; then
(15) Proceed east-northeast along the Los Angeles Aqueduct (the
Pacific Crest National Scenic Trail forks to the west at the 3,120-foot
marked elevation point), crossing onto the Willow Springs map, to the
aqueduct's intersection with Tehachapi Willow Springs Road, section 7,
T10N, R13W; then
(16) Proceed southeast and south on Tehachapi Willow Springs Road,
crossing onto the Little Buttes map, to the road's intersection with
the 2,500-foot elevation line, section 17 west boundary line, T9N,
R13W; then
(17) Proceed east and northeast along the 2,500-foot elevation
line, crossing over the Willow Springs map and continuing onto the
Soledad Mtn. map, where that line crosses over and back three times
from the Rosamond map, to the line's intersection with the Edwards AFB
boundary line, section 10, T9N, R12W; and then
(18) Proceed straight south along the Edwards AFB boundary line,
crossing over to the Rosamond map, to the beginning point.
Signed: August 23, 2010.
John J. Manfreda,
Administrator.
[FR Doc. 2010-21989 Filed 9-1-10; 8:45 am]
BILLING CODE 4810-31-P