[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Proposed Rules]
[Pages 9827-9831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4569]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2010-0001; Notice No. 103]
RIN 1513-AB31
Proposed Expansion of the Santa Maria Valley Viticultural Area
(2008R-287P)
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
expand the Santa Maria Valley viticultural area in Santa Barbara and
San Luis Obispo Counties, California, by 18,790 acres. 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 change to our
regulations.
DATES: We must receive your comments on or before May 3, 2010.
ADDRESSES: You may send comments on this notice to one of the following
addresses:
http://www.regulations.gov (via the online comment form
for this notice as posted within Docket No. TTB-2010-0001 at
``Regulations.gov,'' the Federal e-rulemaking portal);
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-2010-0001. 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. 103. 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
[[Page 9828]]
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. Petitioners may use the same procedure to
request changes involving existing viticultural areas. Section 9.3(b)
of the TTB regulations requires the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, soils, elevation, and physical features, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
Santa Maria Valley Expansion Petition
Background
On August 5, 1981, the Bureau of Alcohol, Tobacco, and Firearms
(ATF), our predecessor agency, published T.D. ATF-89 in the Federal
Register (46 FR 39811), establishing the Santa Maria Valley
viticultural area (27 CFR 9.28). TTB notes that the Santa Maria Valley
viticultural area lies entirely within the Central Coast viticultural
area (27 CFR 9.75) and covers 97,483 acres in southern San Luis Obispo
County and northern Santa Barbara County, California. In the
Geographical Evidence section, T.D. ATF-89 stated that prevailing ocean
winds blow west to east, into and through the Santa Maria Valley. The
winds create a climate where air temperatures are comparatively cooler
in summer and winter, but warmer in fall, than the surrounding areas.
In March 2006, Sara Schorske of Compliance Service of America,
Inc., on behalf of a group of local winery and vineyard owners,
submitted a petition proposing an expansion of the southern and western
boundaries of the current Santa Maria Valley viticultural area. The
petition presented evidence and documentation in recognition of the
geographical name of the proposed southern expansion area and in
support of the similarities of its climate, soils, terrain, and
watershed with those of the current viticultural area. The petition
also documented significant commercial viticulture to the south of the
current southern boundary line. However, TTB returned the March 2006
petition to expand the Santa Maria Valley viticultural area with a
letter recommending that the petitioner delete the western expansion
portion, about which sufficient justification was not presented.
Ms. Schorske then submitted the current petition, under
consideration in this notice, which requests only a southern expansion
(consisting of 18,700 acres) of the existing Santa Maria Valley
viticultural area. The proposed expansion area lies in northern Santa
Barbara County, according to the written boundary description and
accompanying USGS maps, and also is within the Central Coast
viticultural area. The proposed expansion area includes 9 vineyards,
255 acres of commercial viticulture, and 60 to 200 acres under
viticultural development, according to the petition.
Name Evidence
The current petition explains that the original petition supporting
the establishment of the Santa Maria Valley viticultural area in 1981
documented the ``Santa Maria Valley'' name for the geographical area.
Hence, T.D. ATF-89, in establishing the Santa Maria Valley viticultural
area, determined that the most appropriate name for the geographical
area was Santa Maria Valley.
The current petition states that the proposed southern expansion of
the Santa Maria Valley viticultural area generally follows the
watershed boundary line between the Santa Maria Valley to the north and
the Los Alamos Valley to the south. The current petition relies on the
Santa Maria River watershed for name recognition of the expansion area.
Boundary Evidence
The current southern boundary line of the Santa Maria Valley
viticultural area follows Foxen Canyon Road and Clark Avenue, at
Sisquoc, 4.2 miles inside the southern perimeter of the Santa Maria
River watershed, according to the current written boundary description
and the accompanying USGS maps. On the south side of the Santa Maria
Valley watershed, the creeks drain northward to lower elevations,
through the valley, into the Santa Maria River, as shown on the USGS
Foxen Canyon, Sisquoc, and Orcutt maps. Computer-generated watershed
maps show that the proposed expansion of the southern boundary line
conforms to the Santa Maria River watershed, according to the petition.
The boundary line of the proposed southern expansion of the Santa
Maria Valley viticultural area, going clockwise, starts at the
southeast corner of the current viticultural area boundary and travels
generally in a straight line west-northwest over the Solomon Hills to
its intersection with U.S. Route 101, according to the written boundary
description and accompanying USGS maps. Following U.S. 101, the
proposed boundary line continues north to Clark Avenue in Orcutt,
rejoining the current boundary line of the Santa Maria Valley
viticultural area.
Distinguishing Features
Santa Maria Valley Viticultural Area as Established by T.D. ATF-89
TTB notes that in establishing the Santa Maria Valley viticultural
area, T.D. ATF-89 cited terrain, soils, and climate as distinguishing
features.
Terrain: According to T.D. ATF-89, the boundary line of the Santa
Maria Valley viticultural area surrounds the Santa Maria Valley floor,
adjacent canyons, and sloping terraces. Elevations vary from a low of
200 feet at the Santa Maria River to a high of 3,200 feet at Tepusquet
Peak. As shown on the USGS Foxen Canyon map, a westward projection of
the San Rafael Mountains, peaking at 1,801 feet in elevation, extends
approximately 4 miles into the southeast portion of the current Santa
Maria Valley viticultural area. According to the USGS maps, the current
southern boundary line varies from 600 to 1,000 feet in elevation.
Vineyards within the original viticultural area were planted between
elevations of 300 feet on the valley floor and 800 feet on the slopes
of the rolling hillsides.
Soils and Climate: According to T.D. ATF-89, the soils of the Santa
Maria Valley viticultural area are well drained, fertile, and range in
texture from sandy
[[Page 9829]]
loam to clay loam. Of climatic importance to the viticultural area, as
compared to the surrounding regions, are the prevailing, cooling,
marine-influenced ocean winds.
Current Petition To Expand the Santa Maria Valley Viticultural Area
Terrain: The petition states that the geography of the proposed
southern expansion of the Santa Maria Valley viticultural area is
similar to that inside the current southern boundary line. The valley
lies generally along an east-southeast axis, and is approximately 16
miles long within the existing viticultural area and the proposed
expansion area, as shown on ``Locations of Weather Stations and
Selected Vineyards and Wineries'' (map, undated), which the petitioner
created and submitted with the petition. In the southern expansion
area, gently rolling hills give way to a more rugged terrain of canyons
and steep slopes, as shown on the USGS Foxen Canyon and Sisquoc maps.
Elevations in the southern expansion area vary between approximately
440 feet near Sisquoc to 1,360 feet at the southeast corner of the
current Santa Maria Valley viticultural area, and are comparable to
those in areas on or surrounding the Santa Maria Valley floor.
The petition includes a table, shown below, with the elevations of
commercial vineyards in the southern portion of the current Santa Maria
Valley viticultural area and in the proposed southern expansion area.
Elevations of vineyards within the southern portion of the current
Santa Maria Valley viticultural area range from 600 to 950 feet;
similarly, those of vineyards in the proposed southern expansion area
range from 600 to 930 feet.
------------------------------------------------------------------------
Approximate
Vineyard Location elevation in
feet
------------------------------------------------------------------------
Rancho Ontiveros................ Within the AVA.......... 650
Solomon Hills................... Within the AVA.......... 700
Good Child...................... Within the AVA.......... 750-800
Riverbench...................... Within the AVA.......... 950
Rancho Sisquoc.................. Within the AVA.......... 600-750
Foxen........................... Within the AVA.......... 720
Addamo Estate................... Within the proposed 760-840
expansion.
Solomon Hills................... Within the proposed 640-840
expansion.
Casa Torres..................... Within the proposed 720-800
expansion.
Le Bon Climate.................. Within the proposed 600
expansion.
Lucas Lewellan.................. Within the proposed 700
expansion.
Foxen........................... Within the proposed 800-900
expansion.
Rancho Real..................... Within the proposed 650-930
expansion.
Murphy.......................... Within the proposed 750-880
expansion.
------------------------------------------------------------------------
Climate: The petition explains that the Santa Maria Valley has a
``maritime fringe'' climate (``The Climate of Southern California,'' by
Harry P. Bailey, University of California Press, 1966). The maritime
fringe climate derives from the Pacific Ocean, causing foggy and windy
conditions in the Santa Maria Valley. In contrast, some other inland,
high-elevation areas nearby have either less or no marine influence.
The petition states that during the summer growing season, the
marine air moves onshore, passing through low-elevation passes in the
Coast Range, inland to the Santa Maria Valley. (T.D. ATF-89 describes
the Santa Maria Valley as a ``natural funnel-shaped'' valley.)
Temperatures remain consistent throughout the gentle west-to-east rise
in elevations of the Santa Maria Valley. The petition states that the
cooling wind and fog encounter little resistance in any direction until
they meet the Sierra Madre Mountains on the north side of the valley
and the Solomon Hills on the south side, where the valley terminates.
The boundary of the proposed southern expansion extends to the Solomon
Hills, where the petition asserts that the cooling wind and fog
encounter resistance.
The petition includes a map that shows the broad, westerly opening
between these mountains and hills and how they would funnel the cooling
wind and fog in an east-southeast direction, into the valley. T.D. ATF-
89 states that ``* * * the prevailing winds from the ocean [cause] the
valley to have a generally cooler summer, warmer fall, and cooler
winter than surrounding areas.''
The current petition provides data from two weather stations, one
within the established Santa Maria Valley viticultural area and one
within the proposed expansion area. Both stations are nestled along
foothills, slightly above the valley floor. A graph in the petition
presents heat accumulation data recorded in 2004 at the two stations.
The graph shows that growing season totals for 2004 in the current
viticultural area and in the proposed expansion area were both just
less than 3,000 degree days. (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. See pages 61-64 of
``General Viticulture,'' Albert J. Winkler, University of California
Press, 1975.)
Soils: According to the petition, the current Santa Maria Valley
viticultural area consists of a wide variety of soils without a single
dominant soil type. The petition provides a table listing the soil map
units in the current Santa Maria Valley viticultural area and in the
proposed expansion area. The table is divided into four general areas.
Three areas are within the current Santa Maria Valley viticultural
area: (1) Valley floor, (2) hills (the Solomon Hills), and (3)
mountains (the foothills of the Sierra Madre Mountains, northeast of
the Santa Maria River). The fourth is the proposed southern expansion
area.
As shown in the table, the soils are mainly sand, sandy loam, and
loam on the valley floor, but are mixed sandy loam, clay loam, shaly
loam, and silt loam on mountains. However, without exception, the soils
that are in the proposed expansion area are also in the existing Santa
Maria Valley viticultural area. In both the proposed expansion area and
on hills in the current viticultural area, the soils are sand, sandy
loam, clay loam, and shaly clay loam, but are mostly loam and shaly
loam.
[[Page 9830]]
TTB Determination
TTB concludes that the petition to expand the Santa Maria Valley
American viticultural area merits consideration and public comment, as
invited in this notice.
Boundary Description
See the narrative boundary description incorporating the
petitioned-for viticultural area expansion in the proposed regulatory
text amendments published at the end of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the proposed regulatory text amendment.
Impact on Current Wine Labels
The proposed expansion of the Santa Maria Valley viticultural area
will not affect currently approved wine labels. The approval of this
proposed expansion may allow additional vintners to use ``Santa Maria
Valley'' as an appellation of origin on their wine labels. Part 4 of
the TTB regulations prohibits any label reference on a wine that
indicates or implies an origin other than the wine's true place of
origin. For a wine to be labeled with a viticultural area name or with
a brand name that includes a viticultural area name or other term
identified as 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). 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 expand the Santa Maria Valley viticultural area as described
above. We are especially interested in comments concerning the
similarity of the proposed expansion area to the current Santa Maria
Valley viticultural area, the geographical features that distinguish
the viticultural features of the proposed expansion area from the area
beyond it to the south, and the use of the Santa Maria River watershed
to justify the proposed expansion of the southern boundary line. Please
support your comments with specific information about the proposed
expansion area's name, proposed boundaries, or distinguishing features.
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-2010-0001
on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under
Notice No. 103 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. 103 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. 103.
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 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.
[[Page 9831]]
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend 27
CFR, chapter I, part 9, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
2. Section 9.28 is revised to read as follows:
Sec. 9.28 Santa Maria Valley.
(a) Name. The name of the viticultural area described in this
section is ``Santa Maria Valley''. For purposes of part 4 of this
chapter, ``Santa Maria Valley'' is a term of viticultural significance.
(b) Approved maps. The six United States Geological Survey maps
used to determine the boundary of the Santa Maria Valley viticultural
area are titled:
(1) Orcutt Quadrangle, California-Santa Barbara Co., 7.5 minute
series, 1959, photorevised 1967 and 1974, photoinspected 1978;
(2) Santa Maria Quadrangle, California, 7.5 minute series, 1959,
photorevised 1982;
(3) ``San Luis Obispo'', N.I. 10-3, series V 502, scale 1: 250,000;
(4) ``Santa Maria'', N.I. 10-6, 9, series V 502, scale 1: 250,000;
(5) Foxen Canyon Quadrangle, California-Santa Barbara Co., 7.5-
minute series, 1995; and
(6) Sisquoc Quadrangle, California-Santa Barbara Co., 7.5 minute
series, 1959, photoinspected 1974.
(c) Boundary. The Santa Maria Valley viticultural area is located
in Santa Barbara and San Luis Obispo Counties, California. The boundary
is as follows:
(1) The point of beginning is on the Orcutt quadrangle map at the
intersection of U.S. Route 101 and Clark Avenue, section 18 north
boundary line, T9N/R33W, then proceed generally north along U.S. Route
101 approximately 10 miles onto the Santa Maria quadrangle map to its
intersection with State Route 166 (east), T10N/R34W; then
(2) Proceed generally northeast along State Route 166 (east) onto
the San Luis Obispo N.I. 10-3 map to its intersection with the section
line southwest of Chimney Canyon, T11N/R32W; then
(3) Proceed south in a straight line onto the Santa Maria N.I. 10-6
map to the 3,015-foot summit of Los Coches Mountain; then
(4) Proceed southeast in a straight line onto the Foxen Canyon
quadrangle map to the 2,822-foot summit of Bone Mountain, T9N/R32W;
then
(5) Proceed south-southwest in a straight line approximately 6
miles to the line's intersection with secondary highways Foxen Canyon
Road and Alisos Canyon Road, T8N/R32W; then
(6) Proceed west-northwest in a straight line approximately 6 miles
onto the Sisquoc quadrangle map to the Gato Ridge Oil Field and the
section 4 southeast corner, T8N/R32W; then
(7) Proceed west-northwest in a straight line approximately 6.2
miles, crossing over the Solomon Hills, to its intersection with U.S.
Route 101 and a private, unnamed light-duty road that meanders east
into the Cat Canyon Oil Field, T9N/R33W; then
(8) Proceed north 3.75 miles along U.S. Route 101 onto the Orcutt
quadrangle map and return to the point of beginning.
Signed: February 5, 2010.
John J. Manfreda,
Administrator.
[FR Doc. 2010-4569 Filed 3-3-10; 8:45 am]
BILLING CODE 4810-31-P