[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Proposed Rules]
[Pages 16459-16463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6352]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 38]
RIN 1513-AA94


Proposed Establishment of the Ramona Valley Viticultural Area 
(2003R-375P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to 
establish the 89,000-acre Ramona Valley viticultural area in central 
San Diego County, California. The proposed area is entirely within the 
established South Coast viticultural area. 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 May 31, 2005.

ADDRESSES: You may send comments to any of the following addresses:
     Chief, Regulations and Procedures Division, Alcohol and 
Tobacco Tax and Trade Bureau, Attn: Notice No. 38, P.O. Box 14412, 
Washington, DC 20044-4412.
     202-927-8525 (facsimile).
     [email protected] (e-mail).
     http://www.ttb.gov/alcohol/rules/index.htm. An online 
comment form is posted with this notice on our Web site.
     http://www.regulations.gov (Federal e-rulemaking portal; 
follow instructions for submitting comments).
    You may view copies of this notice, the petition, the appropriate 
maps, and

[[Page 16460]]

any comments we receive about this notice by appointment at the TTB 
Library, 1310 G Street, NW., Washington, DC 20220. To make an 
appointment, call 202-927-2400. You may also access copies of the 
notice and comments online at http://www.ttb.gov/alcohol/rules/index.htm.
    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.

FOR FURTHER INFORMATION CONTACT:  N. A. Sutton, Alcohol and Tobacco Tax 
and Trade Bureau, Regulations and Procedures Division, 925 Lakeville 
St.,  158, Petaluma, California 94952; telephone 415-271-1254.

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 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 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.

Ramona Valley Petition

    TTB received a petition from the Ramona Vineyard Association of 
Ramona, California, proposing to establish the Ramona Valley 
viticultural area in central San Diego County, California. Surrounding 
the town of Ramona, the proposed viticultural area is located 28 miles 
northeast of the city of San Diego, and is entirely within the 
established, multi-county South Coast viticultural area (27 CFR 9.104). 
It is also south of two other established viticultural areas located 
within the South Coast area, Temecula Valley (27 CFR 9.50) and San 
Pasqual Valley (27 CFR 9.25). The proposed 89,000-acre Ramona Valley 
viticultural area contains approximately 17 vineyards currently 
cultivating an estimated 45 acres of wine grapes.
    The distinguishing factors of the proposed Ramona Valley 
viticultural area, according to the petitioners, include its elevation, 
which contrasts with the surrounding areas, and climatic factors 
related to its elevation and inland location. Oriented west-southwest 
to east-northeast, the proposed area is roughly centered on the town of 
Ramona and is about 14.5 miles long and 9.5 miles wide.
    Below, we summarize the evidence presented in the petition.

Name Evidence

    Californians have used the ``Ramona Valley'' name for at least a 
century, according to information provided by the petitioners. For 
example, the petitioners supplied several articles and book excerpts 
showing the name's historical use. In 1906, historian Ed Fletcher wrote 
``An Auto Trip Through San Diego's Back Country.'' As published in 
volume 15, number 2, spring 1969, of the Journal of San Diego History, 
the article makes several references to Ramona Valley and its 
geography, climate, and agricultural potential. Mr. Fletcher states, 
``The higher valley lands can easily be covered with water from the 
mountain streams, but a railroad is absolutely necessary, and when it 
does come, Ramona Valley will be heard from.''
    In 1963, Richard F. Pourade wrote ``The Silver Dons 1833-1865,'' 
which is in volume three of ``The History of San Diego.'' He describes 
the difficulty of reaching the Ramona Valley by different routes during 
the area's settlement. Mr. Pourade writes, ``Both routes had difficult 
climbs, the San Pasqual route at the San Pasqual hill and the Lakeside 
route in the last mile before reaching the Ramona Valley.''
    In 1961, Clarence Woodson wrote ``Tea-Kettle Days,'' published in 
the San Diego Historical Society Quarterly, volume 7, number 4, October 
1961. He explains, ``My grandfather, Dr. M. C. Woodson served as a 
surgeon in the Confederate Army, and a few years after the Civil War he 
brought my father and the rest of the family out to California from 
Paducah, Ky. He homesteaded land in the Ramona Valley in 1873 * * *.''
    In addition, the proposed Ramona Valley viticultural area surrounds 
the San Diego County town of Ramona, which lies in a flat, broad valley 
largely isolated by the surrounding hills and moutains. Several 
businesses within the proposed area use ``Ramona Valley'' in their 
names, including the Ramona Valley Inn, which was established in 1981 
on Main Street in Ramona.

Boundary Evidence

    To outline the boundary of the proposed Ramona Valley viticultural 
area, the petitioners use a series of mountain peaks around the valley 
in which the town of Ramona lies. This boundary also incorporates 
several smaller side valleys and canyons, especially to the east and 
south of the town, within the proposed area. According to the 
petitioners, the proposed Ramona Valley viticultural area boundary is 
based on historical and current viticulture within the area, and on the 
area's geographical features.
    The history of Ramona Valley viticulture, the petitioners explain,

[[Page 16461]]

began with the arrival of Spanish missionaries in 1769. American 
viticulture is documented as early as 1889, with wine grapes grown at 
Rancho Bernardo for use at the Bernardo Winery. In modern times, Ross 
Rizzo, the master vintner at Bernardo Winery, recalls that there may 
have been up to a thousand acres of wine grapes in Ramona Valley 
between the 1940s and the 1950s. Finally, the Schwaesdall Winery, which 
opened in 1993, uses grape vines planted in the Ramona Valley in the 
1950s, as well as their own plantings, begun in 1989.
    The proposed Ramona Valley viticultural area's elevation, which is 
between that of the lower coastal valleys to the north, south, and 
west, and that of the surrounding mountains and the higher desert-like 
areas to the west, also distinguishes the valley from surrounding 
areas, according to the petitioners. Climatic factors related to the 
valley's elevation and its inland location also distinguish the 
proposed viticultural area from nearby grape-growing regions, the 
petitioners add. These factors are discussed in more detail below.

Distinguishing Features

Geography
    The proposed Ramona Valley viticultural area encompasses a fairly 
flat, broad valley and several of its side valleys and canyons in 
central San Diego County. A ring of hills and mountains around the 
valley largely isolate it from surrounding regions of the county. Santa 
Maria Creek flows west through the proposed area before passing through 
a narrow gap in the hills near the area's northwestern corner. The 
unincorporated town of Ramona, with a population of about 40,000, lies 
within the proposed area at the junction of State Routes 67 and 78.
    The lowest elevation within the area, 650 feet, is at the San 
Vicente Reservoir at the proposed area's southwestern corner. 
Elevations within the northern, southern, and western portions of the 
area run between 650 and 1,600 feet, with an average base elevation of 
about 1,400 feet. The proposed area climbs to more than 3,000 feet in 
the east in the foothills of the Cuyamaca Mountains. According to the 
petitioners, the highest elevation suitable for viticulture within the 
proposed area is 2,640 feet.
    To the south, west and north of the proposed Ramona Valley 
viticultural area are lower coastal valleys with elevations of 500 feet 
or less, according to the petitioner and USGS maps. The proposed Ramona 
Valley area is lower in elevation than the Cuyamaca Mountain range to 
the east, which has peaks of approximately 6,200 feet, according to the 
submitted USGS maps.
Climate
    The proposed Ramona Valley's elevation, between that of the lower 
coastal valleys and the higher surrounding mountains, and its inland 
location, distinguish the proposed Ramona Valley viticultural area 
climate from those of surrounding regions, the petitioners state. The 
petitioners also note that, with the Anza-Borrego Desert 25 miles to 
the east and the Pacific Ocean 25 miles to the west, a combination of 
desert and ocean influences affect the proposed area's climate during 
the growing season.
    Also known locally as ``the Valley of the Sun'' due to its lack of 
coastal morning fog, the proposed Ramona Valley viticultural area is 
warmer than the coastal areas and valleys to its north, south, and 
west. The proposed area enjoys up to 320 frost-free days and has a heat 
summation of 3,470 degree days annually, according to the petitioner. 
(During the growing season, one degree day accumulates for each degree 
Fahrenheit that a day's average temperature is above 50 degrees, which 
is the minimum temperature required for grapevine growth. See ``General 
Viticulture,'' by Albert J. Winkler, University of California Press, 
1974.) However, the proposed area is cooler in the summer, but warmer 
in the winter, than the higher Cuyamaca Mountains to its east. A 
comparison of daily temperature variations between Ramona and Poway, 
Escondido, and Julian indicates that Ramona also has greater daily 
temperature fluctuations than the surrounding areas, according to data 
provided by the petitioner.
    The Ramona Valley area receives an annual average rainfall total of 
16.5 inches, according to the Navigation Technologies data provided 
with the petition. This rainfall total is more than that of the lower 
coastal valleys, but less than the 31-inch average received at Julian 
in the higher mountains to the proposed area's east according to 
Navigation Technologies data.
Soils
    The proposed Ramona Valley viticultural area has a variety of soil 
types due to the differing landforms, slopes, and geology found within 
it, according to the petitioners. While the petitioners did provide 
information on the proposed area's soils, they do not use soils as a 
distinguishing factor for the proposed area. The mountains surrounding 
the proposed area, the petitioners state, consist of igneous rock. 
Also, the mid-slopes to the east and west of the Ramona Valley floor 
have the reddish coloration of San Marcos Gabbro, a mafic rock type. 
Mafic rock formations, the petitioners explain, are known to generate 
nutrient-rich soil, which is ideal for agriculture.
    The proposed Ramona Valley viticultural area's soil series include 
Ramona, Visalia, Los Posas, and Fallbrook loams, according to the 
petitioners. The Ramona soil series, as documented in the 1973 U.S. 
Soil Conservation Service Soil Survey for San Diego County consists of 
well-drained, very deep sandy loams with sandy clay loam subsoil. This 
series is found between the 200-foot and 1,800-foot elevations on 
terraces and alluvial fans, sloping up to 30 percent, according to the 
soil survey.

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, ``Ramona Valley,'' will be recognized as a name of viticultural 
significance. Consequently, wine bottlers using ``Ramona Valley'' in a 
brand name, including a trademark, or in another label reference as to 
the origin of the wine, will have to ensure that the product is 
eligible to use the viticultural area's name as an appellation of 
origin. On the other hand, we do not believe that ``Ramona'' standing 
alone would have viticultural significance if the new area were 
established. We note in this regard that while searches of the 
Geographic Names Information System maintained by the U.S. Geological 
Survey show no entries for ``Ramona Valley,'' there are entries for 
``Ramona'' standing alone or in conjunction with words other than 
``Valley'' in 18 States, including 8 different California counties. 
Accordingly, the proposed part 9 regulatory text set forth in this 
document specifies only the full ``Ramona Valley'' name as a term of 
viticultural significance for purposes of part 4 of the TTB 
regulations.

[[Page 16462]]

    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. 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. Accordingly, if a 
new label or a previously approved label uses the name ``Ramona 
Valley'' for a wine that does not meet the 85 percent standard, the new 
label will not be approved, and the previously approved label will be 
subject to revocation, upon the effective date of the approval of the 
Ramona Valley viticultural area.
    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.

Public Participation

Comments Invited

    We invite comments from interested members of the public on whether 
we should establish the proposed viticultural area. We are also 
interested in receiving comments on the sufficiency and accuracy of the 
name, climatic, boundary 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 Ramona Valley viticultural area on brand labels that include 
the words ``Ramona Valley'' as discussed above under Impact on Current 
Wine Labels, we are particularly interested in comments regarding 
whether there will be a conflict between the proposed area 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.
    Although TTB believes that only the full name ``Ramona Valley'' 
should be considered to have viticultural significance upon 
establishment of the proposed new viticultural area, we also invite 
comments from those who believe that ``Ramona'' standing alone would 
have viticultural significance upon establishment of the area. Comments 
in this regard should include documentation or other information 
supporting the conclusion that use of ``Ramona'' on a wine label could 
cause consumers and vintners to attribute to the wine in question the 
quality, reputation, or other characteristic of wine made from grapes 
grown in the proposed Ramona Valley viticultural area.

Submitting Comments

    Please submit your comments by the closing date shown above in this 
notice. Your comments must include this notice number and your name and 
mailing address. Your comments must be legible and written in language 
acceptable for public disclosure. We do not acknowledge receipt of 
comments, and we consider all comments as originals. You may submit 
comments in one of five ways:
     Mail: You may send written comments to TTB at the address 
listed in the ADDRESSES section.
     Facsimile: You may submit comments by facsimile 
transmission to 202-927-8525. Faxed comments must--
    (1) Be on 8.5- by 11-inch paper;
    (2) Contain a legible, written signature; and
    (3) Be no more than five pages long. This limitation assures 
electronic access to our equipment. We will not accept faxed comments 
that exceed five pages.
     E-mail: You may e-mail comments to [email protected]. Comments 
transmitted by electronic mail must--
    (1) Contain your e-mail address;
    (2) Reference this notice number on the subject line; and
    (3) Be legible when printed on 8.5- by 11-inch paper.
     Online form: We provide a comment form with the online 
copy of this notice on our Web site at http://www.ttb.gov/alcohol/rules/index.htm. Select the ``Send comments via e-mail'' link under 
this notice number.
     Federal e-rulemaking portal: To submit comments to us via 
the Federal e-rulemaking portal, visit http://www.regulations.gov and 
follow the instructions for submitting comments.
    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, in light of all circumstances, whether to hold a public 
hearing.

Confidentiality

    All submitted material is part of the public record and subject to 
disclosure. Do not enclose any material in your comments that you 
consider confidential or inappropriate for public disclosure.

Public Disclosure

    You may view copies of this notice, the petition, the appropriate 
maps, and any comments we receive by appointment at the TTB Library at 
1310 G Street, NW., Washington, DC 20220. You may also obtain copies at 
20 cents per 8.5- x 11-inch page. Contact our librarian at the above 
address or by telephone at 202-927-2400 to schedule an appointment or 
to request copies of comments.
    For your convenience, we will post this notice and any comments we 
receive on this proposal on the TTB Web site. We may omit voluminous 
attachments or material that we consider unsuitable for posting. In all 
cases, the full comment will be available in the TTB Library. To access 
online copies of this notice and the posted comments, visit http://www.ttb.gov/alcohol/rules/index.htm. Select the ``View Comments'' link 
under this notice number to view the posted comments.

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, 58 FR 51735. Therefore, it requires 
no regulatory assessment.

Drafting Information

    N.A. Sutton of the Regulations and Procedures 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 27 
CFR, chapter 1, part 9, as follows:

[[Page 16463]]

PART 9--AMERICAN VITICULTURAL AREAS

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

    Authority: 27 U.S.C. 205.

    2. Amend subpart C by adding Sec.  9.---- to read as follows:

Subpart C--Approved American Viticultural Areas


Sec.  9.----  Ramona Valley.

    (a) Ramona Valley. The name of the viticultural area described in 
this section is ``Ramona Valley''. For purposes of part 4 of this 
chapter, ``Ramona Valley'' is a term of viticultural significance.
    (b) Approved Maps. The two United States Geological Survey (USGS) 
1:100,000 scale topographic (30 x 60 Minute Quadrangle) maps used to 
determine the boundaries of the Ramona Valley viticultural area are 
titled--
    (1) Borrego Valley, California, 1982 edition; and
    (2) El Cajon, California, 1979 edition.
    (c) Boundary. The Ramona Valley viticultural area is located in 
central San Diego County, California. The area's boundaries are defined 
as follows--
    (1) Beginning in the southwest corner of the Borrego Valley map at 
the 882-meter (2,894-foot) peak of Woodson Mountain, T13S, R1W, proceed 
straight north-northwest approximately 3.25 miles to the 652-meter 
(2,140-foot) peak of Starvation Mountain, T13S, R1W (Borrego Valley 
map); then
    (2) Proceed straight east-northeast approximately 12.5 miles to the 
Gaging Station on the northwest shoreline of Sutherland Lake, T12S, R2E 
(Borrego Valley map); then
    (3) Proceed straight southeast approximately 4.4 miles to the 999-
meter (3,278-foot) peak of Witch Creek Mountain, T13S, R2E, east of 
Ballena Valley (Borrego Valley map); then
    (4) Proceed straight south-southeasterly approximately 6.6 miles, 
crossing onto the El Cajon map, to the summit of Eagle Peak (3,166 
feet), T14S, R3E, northeast of the El Capitan Reservoir (El Cajon map); 
then
    (5) Proceed straight west-southwest approximately 12.7 miles, 
passing through Barona Valley, to the peak (1002 feet) near the center 
of the unnamed island in the San Vicente Reservoir, T14S, R1E (El Cajon 
map); then
    (6) Proceed straight northwesterly approximately 3.9 miles to the 
822-meter (2,697-foot) peak of Iron Mountain, T14S, R1W (El Cajon map); 
then
    (7) Proceed straight north-northwest approximately 2.8 miles, 
crossing onto the Borrego Valley map, and return to the beginning point 
at the peak of Woodson Mountain.

    Signed: March 7, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-6352 Filed 3-30-05; 8:45 am]
BILLING CODE 4810-31-P