[Federal Register Volume 70, Number 38 (Monday, February 28, 2005)]
[Rules and Regulations]
[Pages 9528-9532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3714]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[T.D. TTB-24; Notice No. 24]
RIN 1513-AA29


Establishment of the Trinity Lakes Viticultural Area (2001R-032P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Final rule; Treasury decision.

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SUMMARY: This Treasury decision establishes the ``Trinity Lakes'' 
viticultural area in Trinity County, California. The viticultural area 
consists of approximately 96,000 acres surrounding Trinity and Lewiston 
Lakes and a portion of the Trinity River basin below Lewiston Dam. 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.

EFFECTIVE DATE: April 29, 2005.

FOR FURTHER INFORMATION CONTACT: Rita Butler, Writer-Editor, 
Regulations and Procedures Division, Alcohol and Tobacco Tax and Trade 
Bureau, 1310 G Street, NW., Room 200E, Washington, DC 20220; telephone 
202-927-8210.

[[Page 9529]]


SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (the FAA 
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels 
provide the consumer with adequate information regarding a product's 
identity and prohibits the use of misleading information on such 
labels. The FAA Act also authorizes the Secretary of the Treasury to 
issue regulations to carry out its provisions. The Alcohol and Tobacco 
Tax and Trade Bureau (TTB) administers these regulations.
    Part 4 of the TTB regulations (27 CFR part 4), allows the 
establishment of definitive viticultural areas and the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains 
the list of approved viticultural areas.

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographic 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 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.

Trinity Lakes Petition

    TTB was petitioned by Mr. Keith Groves of Alpen Cellars to 
establish a new American viticultural area to be called ``Trinity 
Lakes'' in Trinity County, California. It encompasses two man-made 
reservoirs, Trinity Lake and the adjoining but smaller Lewiston Lake to 
its south, and a portion of the Trinity River basin below Lewiston Dam. 
The area covers about 96,000 acres, of which 18 percent, or 17,285 
acres, is lake surface water, while 1.5 percent, or 1,440 acres, is 
land suitable for viticulture. Currently, 30 acres are planted 
vineyards within the area. Rugged, steep, timbered ridges and narrow 
agricultural valleys characterize the area. The lakes' daytime cooling 
and nighttime warming effect moderates the agricultural valleys' 
climate. Below we summarize the evidence presented in the petition.

Name Evidence

    The majority of the Trinity Lakes viticultural area is located 
within the Trinity Lake unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area. This unit includes both Trinity Lake and the smaller 
Lewiston Lake, and according to the petitioner, the region surrounding 
both lakes is commonly known as the Trinity Lakes area. Current 
photographs of road signs were provided, which display the Trinity 
Lakes name as a reference for both Trinity and Lewiston Lakes. In 
Weaverville, Trinity Lakes Boulevard is the name used for California 3, 
a major highway.
    A letter, dated December 13, 2002, from Mr. David Steinhauser, 
president of the Trinity County Chamber of Commerce, fully supported 
the establishment of this viticultural area. He wrote that the name 
``Trinity Lakes'' is used to refer to the region around Trinity and 
Lewiston Lakes.
    Created in the early 1960s, the larger man-made lake was originally 
named Clair Engle Lake. However, the petitioner stated that area 
residents have historically referred to the lake as, and prefer the 
name of, Trinity Lake. The petitioner also noted that a grassroots 
movement sought to change the lake's name and mentioned that Clair 
Engle Lake road signs often disappeared shortly after being posted. A 
1997 Trinity Journal news article, included with the petition, spoke of 
U.S. Senator Barbara Boxer's support for the effort to have the lake 
re-named. Congress and the President made the change official in 
September 1997, with the passage and approval of Public Law 105-44, 
which renamed the reservoir Trinity Lake. The current California AAA 
road map and USGS topographic maps use the name of Trinity Lake.

Boundary Evidence

    The Trinity Lakes viticultural area was viticulturally developed 
only after the completion of the two man-made lakes in the early 1960s 
as the climate-moderating lake effect on the surrounding valleys 
provided an opportunity to grow wine grapes. The petitioner stated that 
in 1981 a small vineyard was planted at the north end of Trinity Lake. 
It became a bonded winery in 1984. There are currently four vineyards, 
encompassing 30 acres, producing wine grapes within the viticultural 
area.
    The Trinity Lakes viticultural area is in Trinity County, in 
northwestern California. The area is irregular in shape, generally 
running from northeast to southwest, and surrounds Trinity Lake, the 
smaller Lewiston Lake to the south of Trinity Dam, and a portion of the 
Trinity River basin downstream of Lewiston Dam. The majority of the 
area is within the Trinity Lake unit of the Whiskeytown-Shasta-Trinity 
National Recreation Area.
    The boundary of the viticultural area begins north of Carrville at 
Derrick Flat, runs east across the Trinity River, continues south and 
southwest past Trinity and Lewiston dams and the town of Lewiston, and 
crosses the Trinity River near the mouth of Neaman Gulch. The boundary 
then runs north and northeast back past the two dams and the town of 
Trinity Center, returning to the beginning point at Derrick Flat. The 
approved USGS maps used for determining the boundary of the area are 
listed in paragraph (b) of the final rule below.
    The boundaries of the Trinity Lakes viticultural area are discussed 
in detail in paragraph (c) of the final rule shown below.

Growing Conditions/Geographical Features

    The petitioner indicated that rugged, steep, timbered ridges 
dropping into Trinity and Lewiston Lakes and the Trinity River basin 
characterize the area's topography. The Bureau of Land

[[Page 9530]]

Reclamation stated that Trinity Lake's surface covers 16,535 acres, 
while Lewiston Lake covers 750 acres, for a total of 17,285 acres of 
lake surface water. The filling of the lakes has left small, narrow 
valleys around the lakes, which are suitable for viticulture.
    The large surface area of the two lakes moderates the viticultural 
area's climate, bringing cooler days and warmer nights to the narrow 
valleys and the Trinity River basin. The petition cited a 70-year local 
resident's claim that there is less snow and sub-freezing weather and 
more fog than before the lakes were created. This provides, according 
to the petitioner, a uniquely situated and moderated grape-growing 
region. Other potential grape-growing areas, located further from the 
lakes and outside the Trinity Lakes viticultural area, have a similar 
mountainous climate, but no moderating lake influence.
    The petitioner indicated that the agricultural soils of the 
viticultural area are on well-drained alluvial fans in narrow valleys 
on stream terraces. This contrasts with surrounding Trinity County 
areas, which have wider valley floors and deeper soils with higher clay 
content.

Boundary Description

    See the narrative boundary description of the viticultural area in 
the regulatory text published at the end of this notice.

Maps

    The petitioner provided the required maps, and we list them below 
in the regulatory text published at the end of this document.

Notice of Proposed Rulemaking and TTB Finding

    TTB published a notice of proposed rulemaking for the establishment 
of the Trinity Lakes viticultural area in the December 17, 2003, 
Federal Register as Notice No. 24 (68 FR 70215). In that notice, we 
requested comments from all interested persons by February 17, 2004. We 
received no comments.
    After careful review, TTB finds that the evidence submitted with 
the petition supports the establishment of the Trinity Lakes 
viticultural area. Therefore, under the authority of the Federal 
Alcohol Administration Act and part 4 of our regulations, we establish 
the ``Trinity Lakes'' viticultural area in Trinity County, California, 
effective 60 days from this document's publication date.

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. With the establishment of this viticultural area and 
its inclusion in part 9 of the TTB regulations, its name, ``Trinity 
Lakes,'' is recognized as a name of viticultural significance. 
Consequently, wine bottlers using ``Trinity Lakes'' in a brand name, 
including a trademark, or in another label reference as to the origin 
of the wine, must ensure that the product is eligible to use the 
viticultural area's name as an appellation of origin.
    For a wine to be eligible to use as an appellation of origin the 
name of a viticultural area specified in part 9 of the TTB regulations, 
at least 85 percent of the grapes used to make the wine must have been 
grown within the area represented by that name, and the wine must meet 
the other conditions listed in 27 CFR 4.25(e)(3). If the wine is not 
eligible to use the viticultural area name as an appellation of origin 
and that name 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 
appears in another reference on the label in a misleading manner, the 
bottler would have to obtain approval of a new label.
    Different rules apply if a wine has a brand name containing a 
viticultural area name that was used as a brand name on a label 
approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.

Regulatory Flexibility Act

    We certify that this regulation will not have a significant 
economic impact on a substantial number of small entities. This 
regulation imposes no new reporting, recordkeeping, or other 
administrative requirement. Any benefit derived from the use of a 
viticultural area name is the result of a proprietor's efforts and 
consumer acceptance of wines from that area. Therefore, no regulatory 
flexibility analysis is required.

Executive Order 12866

    This rule is not a significant regulatory action as defined by 
Executive Order 12866 (58 FR 51735). Therefore, it requires no 
regulatory assessment.

Drafting Information

    Rita Butler of the Regulations and Procedures Division drafted this 
final rule document.

List of Subjects in 27 CFR Part 9

    Wine.

Regulatory Amendment

0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1, 
part 9 as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Subpart C is amended by adding Sec.  9.184 to read as follows:


Sec.  9.184  Trinity Lakes.

    (a) Name. The name of the viticultural area described in this 
section is ``Trinity Lakes''.
    (b) Approved Maps. The appropriate maps for determining the 
boundary of the Trinity Lakes viticultural area are 11 1:24,000 scale 
USGS topographic maps. They are titled:
    (1) Carrville, Calif. Provisional Edition 1986;
    (2) Whisky Bill Peak, Calif. Provisional Edition 1986;
    (3) Damnation Peak, Calif. Provisional Edition 1982;
    (4) Trinity Center, Calif. Provisional Edition 1982;
    (5) Papoose Creek, Calif. Provisional Edition 1982;
    (6) Trinity Dam, Calif. Provisional Edition 1982;
    (7) Lewiston, Calif. Provisional Edition 1982;
    (8) Weaverville, Calif. Provisional Edition 1982;
    (9) Rush Creek Lakes, Calif. Provisional Edition 1982;
    (10) Siligo Peak, Calif. Provisional Edition 1982; and
    (11) Covington Mill, Calif. Provisional Edition 1982.
    (c) Boundary. The Trinity Lakes viticultural area is located in 
Trinity County in northern California. The boundary encompasses Trinity 
Lake and Lewiston Lake, both within the Trinity Lake unit of the 
Whiskeytown-Shasta-Trinity National Recreation Area, and a portion of 
the Trinity River basin below Lewiston Dam.
    (1) The beginning point is on the Carrville, California, quadrangle 
map on township line T38N/T37N at the northwest corner of section 5, 
T37N/R7W, near the Trinity River at Derrick Flat;
    (2) From the beginning point, follow township line T38N/T37N due 
east to

[[Page 9531]]

the northeast corner of section 5, T37N/R7W;
    (3) Proceed due south on the eastern boundary of sections 5, 8, 17, 
and 20 to the northwest corner of section 28, T37N/R7W, near Snow 
Gulch;
    (4) Follow the northern boundary of section 28, T37N/R7W, due east 
to the section's northeast corner;
    (5) Continue due south on the eastern boundary of sections 28 and 
33, T37N/R7W, to township line T37N/T36N at the northeast corner of 
section 4, T36N/R7W;
    (6) Proceed due east on township line T37N/T36N onto the Whisky 
Bill Peak, California quadrangle map to the R7W/R6W range line at the 
southwest corner of section 31, T37N/R6W, near the East Fork of the 
Trinity River;
    (7) Follow the R7W/R6W range line due north to the northwest corner 
of section 30, T37N/R6W;
    (8) Continue due east along the northern boundary of section 30, 
T37N/R6W, to the section's northeast corner;
    (9) Proceed due south on the eastern boundary of sections 30 and 
31, T37N/R6W, and sections 6 and 7, T36N/R6W, and continue onto the 
Damnation Peak, California, quadrangle map to the southeast corner of 
section 7;
    (10) Follow the southern boundary of section 7, T36N/R6W, and 
section 12, T36N/R7W, due west onto the Trinity Center, California, 
quadrangle map to the northeast corner of section 14, T36N/R7W;
    (11) Continue due south along the eastern boundary of sections 14, 
23, 26, and 35, T36N/R7W, to the boundary's intersection with township 
line T36N/T35N at the southeast corner of section 35;
    (12) Proceed due west along township line T36N/T35N approximately 
0.5 mile to the township line's intersection with the 900-meter contour 
line;
    (13) Follow the meandering 900-meter contour line generally west 
through sections 35 and 34, T36N/R7W; cross the T36N/T35N township line 
and continue generally southwest on the contour line around Linton 
Ridge, through Bridge Gulch, Bragdon Gulch, and around Feeny Ridge; 
cross onto the Papoose Creek, California, quadrangle map and continue 
southwesterly to the contour line's first intersection with a line 
marked ``NAT RECREATION BDY INDEFINITE,'' approximately 2,000 feet 
north of Feeny Gulch;
    (14) Continue easterly on the 900-meter contour line over Feeny 
Gulch; then proceed southwesterly on the meandering contour line across 
Van Ness Creek, both Bear Gulches, Langdon Gulch, Digger Gulch, around 
Fairview Ridge, along the northern side of Papoose Arm, and over the 
North, East, and South Forks of Papoose Creek; continue westerly on the 
contour line along the southern side of Papoose Arm to the contour 
line's intersection with Little Papoose Creek in section 24, T34N/R8W;
    (15) Continue generally west along the meandering 900-meter contour 
line through sections 24, 23, 14, and 15, T34N/R8W; cross onto the 
Trinity Dam, California, quadrangle map and continue on the contour 
line through sections 15 and 22; pass back onto the Papoose Creek map 
and follow the contour line through sections 22, 23, and 22 again; then 
cross back onto the Trinity Dam map and follow the contour line to its 
intersection with the southern boundary of section 22, T34N/R8W;
    (16) Proceed due west along the southern boundary of section 22 to 
the northeast corner of section 28, T34N/R8W;
    (17) Follow the eastern boundary of sections 28 and 33, T34W/R8W, 
and section 4, T33N/R8W, due south onto the Lewiston, California, 
quadrangle map, and continue due south on the eastern boundary of 
sections 4, 9, 16, and 21 to the southeast corner of section 21, T33N/
R8W;
    (18) Then proceed due west along the southern boundary of sections 
21 and 20 to the northeast corner of section 30, T33N/R8W;
    (19) Follow the eastern boundary of section 30, T33N/R8W, due south 
to the section's southeast corner;
    (20) Continue due west along the southern boundary of section 30, 
T33N/R8W, and sections 25 and 26, T33N/R9W, to the northeast corner of 
section 34, T33N/R9W;
    (21) Proceed due south on the eastern boundary of section 34, T33N/
R9W, and section 3, T32N/R9W, to the southeast corner of section 3 near 
Tom Lang Gulch;
    (22) Follow the southern boundary of section 3, T32N/R9W, due west 
onto the Weaverville, California, quadrangle map, and continue west 
along the southern boundary of sections 3, 4, and 5, T32N/R9W, to the 
southwest corner of section 5;
    (23) Then proceed due north along the western boundary of section 
5, T32N/R9W, for approximately 0.8 mile to its intersection with the 
700-meter contour line;
    (24) Follow the 700-meter contour line generally northwest through 
section 5, T32N/R9W, and then through sections 32, 31, 32 again, 29, 
and 28, T33N/R9W, to the contour line's intersection with the northern 
boundary of section 28;
    (25) Proceed due east along the northern boundary of section 28 
across Limekiln Gulch and China Gulch to the southwest corner of 
section 22, T33N/R9W;
    (26) Follow the western boundary of section 22, T33N/R9W, due north 
to the section's northwest corner;
    (27) Then continue due east along the northern boundary of section 
22, T33N/R9W, onto the Lewiston map to the section's northeast corner;
    (28) Proceed due north on the western boundary of section 14, T33N/
R9W, to the section's northwest corner;
    (29) Follow the northern boundary of sections 14 and 13, T33N/R9W, 
due east to the R9W/R8W range line at the northeast corner of section 
13;
    (30) Then proceed due north along the R9W/R8W range line onto the 
Trinity Dam map, and continue along the range line to the southeast 
corner of section 1, R9W/T34N, near Smith Gulch;
    (31) Continue due west along the southern boundary of section 1, 
T34N/R9W, for approximately 0.3 mile to its intersection with the 900-
meter contour line;
    (32) Follow the meandering 900-meter contour line generally west 
over Tannery Gulch and around Tannery Ridge, cross onto the Rush Creek 
Lakes, California, quadrangle map, and continue along the 900-meter 
contour line to its intersection with Slate Creek in section 4, T34N/
R9W;
    (33) Using the Rush Creek Lakes and Trinity Dam maps, follow the 
contour line generally northeast from Slate Creek, crossing Irish Gulch 
in section 3, T34N/R9W, (crossing back and forth between the two maps 
three times) to the contour line's intersection with township line 
T34N/T35N at the northern boundary of section 3, T34N/R9W, on the 
Trinity Dam map;
    (34) Continue generally northwest on the meandering 900-meter 
contour line and cross onto the Rush Creek Lakes map in section 34, 
T35N/R9W; continue northwesterly on the contour line over Cummings 
Creek, Bear Gulch, Snowslide Gulch, Sawmill Creek, and Van Matre Creek; 
cross onto the Siligo Peak, California, quadrangle map and continue 
generally northwest on the 900-meter contour line over Middle Creek and 
Owens Creek to the contour line's intersection with Stuart Fork;
    (35) Continue generally southeast on the 900-meter contour line 
over Fire Camp Creek, Lightning Creek, and Sunday Creek; cross onto the 
Rush Creek Lakes map and continue generally southeast on the contour 
line over Elk Gulch and Trinity Alps Creek; cross onto the Trinity Dam 
map in section 27, T35N/R9W, and proceed easterly along

[[Page 9532]]

the contour line to its intersection with the eastern boundary of 
section 27, T35N/R9W;
    (36) Continue generally north along the 900-meter contour line 
through sections 26 and 23, T35N/R9W, cross onto the Covington Mill, 
California, quadrangle map in section 23, T35N/R9W, and continue 
northerly along the contour line to its intersection with Stoney Creek 
in the same section;
    (37) From Stoney Creek, continue generally south on the 900-meter 
contour line, cross back onto the Trinity Dam map in section 23, T35N/
R9W, and continue southerly on the contour line through sections 23, 
26, and 35 to the contour line's intersection with the eastern boundary 
of section 35, T35N/R9W, near that section's northeast corner;
    (38) Continue generally northeast on the meandering 900-meter 
contour line over Telephone Ridge, Buck Gulch, and Buck Ridge; cross 
onto the Covington Mill map in section 19, T35N/R8W, and continue 
northwesterly along the contour line across Mule Creek and Snowslide 
Gulch in section 13, T35N/R9W; continue on the contour line, cross 
Little Mule Creek in section 18, T35N/R8W, and continue southeasterly 
on the contour line to its intersection with a line marked ``TRANS LINE 
SINGLE WOOD POLES'' in section 20, T35N/R8W;
    (39) Continue generally northeast along the 900-meter contour line 
through sections 20 and 17, T35N/R8W, and cross Strope Creek, Mosquito 
Gulch, Greenhorn Gulch, Taylor Gulch, Stuart Fork (in section 5, T35N/
R8W), and Davis Creek; cross onto the Trinity Center map in section 35, 
T36/R8W, and continue on the contour line to its intersection with the 
northern boundary of that section;
    (40) Proceed due east along the northern boundary of sections 35 
and 36, T36N/R8W, to the R8W/R7W range line at the northeast corner of 
section 36;
    (41) Follow the R8W/R7W range line due north onto the Carrville map 
and continue along the range line to its intersection with township 
line T38N/T37N at the northwest corner of section 6, T37N/R7W; and
    (42) Proceed due east along township line T38N/T37N and return to 
the beginning point at the northwest corner of section 5, T37N/R7W.

    Signed: December 28, 2004.
Arthur J. Libertucci,
Administrator.
    Dated: January 31, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-3714 Filed 2-25-05; 8:45 am]
BILLING CODE 4810-31-P