[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Rules and Regulations]
[Pages 37998-38002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13042]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-30; Re: Notice No. 28]
RIN 1513-AA79
Establishment of the High Valley Viticultural Area (2003R-361P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision establishes the 14,000-acre High Valley
viticultural area in Lake County, 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.
DATES: Effective Date: August 1, 2005.
FOR FURTHER INFORMATION CONTACT: Nancy Sutton, Regulations and
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 925
Lakeville St., No. 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;
[[Page 37999]]
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.
High Valley Petition and Rulemaking
General Background
TTB received a petition from Kevin Robinson of the Brassfield
Estate Winery proposing a new viticultural area to be called ``High
Valley'' in Lake County, California. Located above the eastern shore of
Clear Lake near the village of Clearlake Oaks, about 85 miles north of
San Francisco, the proposed 14,000-acre viticultural area has
approximately 1,000 acres planted to vines.
The proposed High Valley viticultural area boundary encompasses the
largely enclosed, elongated bowl-shaped High Valley basin and the
surrounding mountain ridges. The area measures about 8.5 miles east-to-
west and 3 miles north-to-south, with elevations between 1,600 and
about 3,000 feet. Early viticultural efforts in the High Valley area
ceased with Prohibition, and walnuts, prunes, green beans, and other
crops became the area's popular agricultural commodities. Approximately
25 very old ``centennial vines'' (possibly zinfandel) still exist on
the southeast ridge above the valley floor.
Below, we summarize the evidence presented in the petition.
Name Evidence
``High Valley'' is the officially recognized name of the elongated
bowl-shaped valley encompassed by the proposed High Valley viticultural
area, as shown on the Clearlake Oaks, California, USGS Quadrangle map
and on the California State Automobile Association's ``Mendocino and
Sonoma Coast Region'' map of February 1999. Both maps also show High
Valley Ridge and High Valley Road within the proposed viticultural
area's boundary. The petition states that ``High Valley'' is the
popularly and historically recognized name for the valley. In addition,
the 2002 SBC Pacific Bell Directory lists three local businesses that
incorporate ``High Valley'' into their name, and ``High Valley
Memories,'' a 1960 manuscript by Tom Butler describing the valley's
history, is on file at the Lake County Historical Courthouse Museum.
Boundary Evidence
High Valley is enclosed by surrounding mountain ridges, which
topographically isolate High Valley from the surrounding region and
form the valley's natural boundary. The proposed High Valley
viticultural area boundary largely follows these surrounding ridges.
The ridges surrounding High Valley create a mountainside grape-growing
environment not found beyond the boundaries of the viticultural area.
The majority of the High Valley area's vineyards are planted on these
highland slopes, with the remainder on the western valley floor.
The floor of High Valley has a minimum elevation of 1,600 feet,
which is higher than other nearby valleys and flats. Based on the
relevant USGS maps, the table below shows the lower elevations found in
the valleys and flats nearest to the proposed High Valley viticultural
area.
------------------------------------------------------------------------
Elevation
Geographic region Direction from High in feet on
Valley boundary USGS map
------------------------------------------------------------------------
Clear Lake.......................... West................. 1,326
Long Valley......................... North................ 1,200
North Fork of Cache Creek........... East................. 1,100
Clearlake Oaks Township............. South................ 1,400
------------------------------------------------------------------------
Distinguishing Features
Topography
High Valley is an elongated, bowl-shaped basin, which is largely
enclosed and topographically isolated from surrounding regions by high
surrounding mountain ridges. As shown on USGS maps, the valley floor is
generally between 1,700 and 1,800 feet in elevation, while, to the
north, High Valley Ridge rises to over 3,000 feet. To the east, south,
and west, the surrounding ridges average between 2,200 and 2,400 in
elevation. The lowest elevation within the High Valley viticultural
area is at the 1,600-foot contour line, which forms part of the area's
southern boundary.
The only drainage outlet from High Valley is Schindler Creek, which
flows south through a gap in the mountain ridge between the valley and
Clear Lake on the viticultural area's southern side. In addition to its
topographic isolation, High Valley has an east and west orientation,
which is rarely found in the northern California Coastal Ranges. This
orientation contributes to some of the distinctive climatic features of
the High Valley area.
Climate
The proposed High Valley viticultural area's climate is cooler than
the surrounding viticultural areas of Lake County, according to weather
station data collected from several locations within the High Valley
viticultural area, including vineyards on the area's southeastern and
western mountain ridges, and on the eastern and western portions of the
valley floor. The Winkler degree-day heat summation method of climate
classification classifies High Valley as a Region 3 climate and
occasionally as a cooler Region 2, depending upon the year and a
vineyard's location within the area. (Each degree of a day's mean
temperature that is above 50 degrees F, which is the minimum
temperature required for grapevine growth, is counted as one degree
day; see ``General Viticulture,'' Albert J. Winkler, University of
California Press, 1975.) Amber Knolls, a grape-growing region
approximately 5 miles west of High Valley's boundary line, has
consistently warmer growing season temperatures, and is frequently a
Region 4 climate in the degree-day classification system.
High Valley's cool growing climate results from the valley's east-
west orientation, the surrounding ridge topography, and the perpetual
``wind machine'' generated from the Clear Lake basin. The high east-
west ridges above the valley trap the cooling afternoon breezes as they
blow in from the Clear Lake basin. Also, the cooling mountain-valley
winds from the higher northern elevations of the Mendocino National
Forest drift down the ridges to the valley floor. The High Valley area
is one of the coolest grape-growing regions in Lake County, with a
frost season that frequently extends into June. The grape varietals
planted in the High Valley area reflect this cooler and shorter growing
season.
The petition noted the wide variation in annual precipitation in
High Valley between the years 2000 and May 2003, and did not provide
extensive rainfall data to show it as a distinguishing viticultural
factor. The High Valley area received 18 inches of precipitation in
both 2000 and 2001, 29 inches in 2002, and 35 inches from January
through May 2003. In recent years, other Lake County grape-growing
regions received more precipitation than the High Valley viticultural
area, and the petition listed
[[Page 38000]]
the following average precipitation amounts: Red Hills, 24 to 40
inches; Kelseyville, 46 inches; and the Putah Creek basin, 47 inches.
Geology
Originally a small east-west trending fault basin with drainage to
the east, volcanic activity altered High Valley's shape and created a
series of high ridges along its eastern side, forming the valley's
largely enclosed basin and redirecting the valley's drainage southward
into Clear Lake. This volcanic activity also created Tule Lake, a small
lake on the valley's central floor, as well as Round Mountain, once an
active volcanic cinder cone rising 400 feet above the northern valley
floor.
The dominant rock types in the proposed High Valley viticultural
area are Jurassic sedimentary rocks of the Franciscan Complex, basalt
flows, and Quaternary volcanic deposits. The Franciscan Complex forms
the base material and most of the exposed rock in the southern ridges
and western portions of High Valley, while the Quaternary volcanics
overlay the basalts found throughout the valley's eastern half. Round
Mountain is a prominent High Valley feature of the Quaternary
volcanics.
Soils
The two primary soil types of High Valley are weathered volcanic
residue and Franciscan Complex weathered sandstone, shale, or phyllitic
rocks. The east side of the area contains soils derived primarily from
volcanics, while the west side contains soils from Jurassic to
Cretaceous sedimentary and phyllitic source material.
The four basic soil formations within the proposed High Valley
viticultural area include: (1) The Franciscan Hills along the area's
southern and western boundaries, (2) the alluvial basin of High Valley,
(3) the alluvial terrace along the southeast boundary, and (4) the
volcanic ridges along the area's northeastern boundary near Round
Mountain.
Wolfcreek loam soil, a very deep well-drained clay to sandy loam
with moderately slow permeability, covers most of the High Valley
floor. The eastern half of the proposed High Valley viticultural area
contains Konocti variants, Konocti, Hambright, Benridge, and Sodabay
Series soils. The Maymen, Hopland, and Mayacama Series soils dominate
the southeast region of the High Valley area. The western hills and
ridges contain primarily Millsholm, Bressa, Hopland, Estel, and Maymen
Series soils.
While the High Valley soils are permeable in mild and moderately-
warm to warm temperatures, soils in the nearby Big Valley allow only
moderately-warm to warm temperature permeation. The soils of High
Valley's slopes and ridges permit excellent drainage, unlike Big
Valley's less favorable soil drainage characteristics. Further, the
vine-planted slopes of the High Valley area incline about 30 percent,
comparatively steeper than the 0 to 2 percent incline of Big Valley
vineyards.
Water Resources
The High Valley area contains aquifers and natural springs to meet
its irrigation needs. The limited capability of Schindler Creek to take
runoff out of High Valley contributes to the valley's unusually high
water table. The springs of the valley's western and eastern mountain
slopes and canyons flow down to the valley floor, which also contains
springs and numerous ponds.
Overlapping Boundaries
The proposed High Valley viticultural area lies almost entirely
within the established Clear Lake viticultural area (27 CFR 9.99),
which surrounds the large lake of that name in Lake County, California.
In turn, the Clear Lake viticultural area is entirely within the
larger, multi-county North Coast viticultural area (27 CFR 9.30). To
encompass the mountain ridges surrounding High Valley, a small east-
northeast portion of the proposed High Valley viticultural area extends
beyond the common eastern boundary of the two larger areas. The
following table shows the overlapping relationships by acreage amount
and percentage:
------------------------------------------------------------------------
Percentage
Acreage of of High
Viticultural area name area within Valley area
High Valley in this
area area
------------------------------------------------------------------------
North Coast................................... 11,651 81.6
Clear Lake.................................... 11,520 80.7
Outside any viticultural area................. 2,622 18.4
------------------------------------------------------------------------
The North Coast and Clear Lake viticultural areas share a portion
of their east boundary line, which runs diagonally northwest to
southeast through the eastern portion of the proposed High Valley
viticultural area. This common boundary line extends straight northwest
from the northwest corner of section 1, T13N, R7W, on the Benmore
Canyon map, which is outside the High Valley southeastern boundary
line, to Round Mountain in section 21, T14N, R7W, on the Clearlake Oaks
map. At the peak of Round Mountain, this shared boundary line divides.
The North Coast viticultural area boundary line runs straight north-
northwest, while the Clear Lake viticultural area extends straight
northwest. TTB has determined that the difference in overlapping
acreage between the two viticultural areas, above Round Mountain, is
less than 1 percent when overlaid with the proposed High Valley
viticultural area boundary lines.
To the east of the North Coast and Clear Lake viticultural areas'
common boundary line, the High Valley viticultural area's east and
northeast sections extend beyond any established viticultural area.
This 2,622-acre, predominantly mountainous region includes the eastern
ridges that surround High Valley, according to the USGS maps. The east
side of Round Mountain and a small portion of the valley floor also lie
outside the North Coast and Clear Lake viticultural areas.
This High Valley eastern area, beyond the North Coast and Clear
Lake boundary line overlap, possesses distinguishing geographical
features similar to the High Valley's western region. The portion of
the High Valley area outside the established Clear Lake and North Coast
viticultural areas contains the mountainous terrain and high ridges
that make High Valley an enclosed basin with distinct watershed
boundaries. The valley floor to the east of Round Mountain is the
natural extension of the valley, with similar elevations and
topography, as noted on the USGS maps. Soils derived primarily from
basalts occur throughout the High Valley area from Schindler's Creek
east to the boundary line.
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(s) provided the required maps, and we list them
below in the regulatory text.
Notice of Proposed Rulemaking
TTB published a notice of proposed rulemaking regarding the
establishment of the High Valley viticultural area in the Federal
Register as Notice No. 28 on January 24, 2005 (70 FR 3328). In that
notice, TTB requested comments by March 25, 2005, from all interested
persons. TTB received no comments regarding the proposed High Valley
viticultural area in response to Notice No. 28.
[[Page 38001]]
TTB Finding
After careful review, TTB finds that the evidence submitted with
the petition supports the establishment of the proposed viticultural
area. Therefore, under the authority of the Federal Alcohol
Administration Act and part 4 of our regulations, we establish the
``High Valley'' viticultural area in Lake 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, ``High
Valley,'' is recognized as a name of viticultural significance.
Consequently, wine bottlers using ``High Valley'' 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
Nancy Sutton of the Regulations and Procedures Division drafted
this document.
List of Subjects in 27 CFR Part 9
Wine.
The 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. Amend subpart C by adding Sec. 9.189 to read as follows:
Sec. 9. 189 High Valley.
(a) Name. The name of the viticultural area described in this
section is ``High Valley''. For purposes of part 4 of this chapter,
``High Valley'' is a term of viticultural significance.
(b) Approved Maps. The appropriate maps for determining the
boundaries of the ``High Valley'' viticultural area are three United
States Geological Survey (USGS) 1:24,000 scale topographic maps. They
are titled:
(1) Clearlake Oaks Quadrangle, California--Lake County; edition of
1958; photorevised 1975, minor revision 1994;
(2) Benmore Canyon Quadrangle, California--Lake County; provisional
edition of 1989, minor revision 1994; and
(3) Lucerne Quadrangle, California--Lake County; edition of 1958,
photorevised 1975, minor revision 1994.
(c) Boundary. The High Valley viticultural area is located in Lake
County, California, near the village of Clearlake Oaks. The boundary of
the High Valley viticultural area is as described below:
(1) The point of beginning is on the Clearlake Oaks map on the
northern boundary line of section 16 (also the southern boundary of the
Mendocino National Forest), T14N, R8W, at the intersection of the
section line and High Valley Road;
(2) From the beginning point, proceed due east 2.4 miles along the
northern boundary lines of sections 16, 15, and 14 (also the southern
boundary of the Mendocino National Forest) to the northeast corner of
section 14, T14N, R8W; then
(3) Proceed straight east-southeast 3.15 miles to the intersection
of the 2,000-foot elevation line and the eastern boundary of section
17, T14N, R7W; then
(4) Proceed easterly 2.7 miles along the meandering 2,000-foot
elevation line to its first intersection with the eastern boundary of
section 22, T14N, R7W, on the Benmore Canyon map; then
(5) Proceed due south approximately 300 feet along the eastern
boundary of section 22, T14N, R7W, to its intersection with the
headwaters of the north branch of the Salt Canyon Creek; then
(6) Proceed easterly 0.4 mile along the north branch of the Salt
Canyon Creek to its intersection with the 1,600-foot elevation line in
section 23, T14N, R7W; then
(7) Proceed southerly along the meandering 1,600-foot elevation
line 4.1 miles to its intersection with State Route 20, just north of
Sweet Hollow Creek, in section 35, T14N, R7W; then
(8) Proceed southwest and then west 1.7 miles on State Route 20 to
its intersection with the 1,600-foot elevation line just northwest of
BM 1634, Wye, in section 3, T13N, R7W; then
(9) Proceed westerly 15.2 miles along the meandering 1,600-foot
elevation line, crossing the Clearlake Oaks map, to the elevation
line's intersection with an unnamed intermittent stream in Pierce
Canyon in the northeast quadrant of section 20, approximately 0.4 mile
east of VABM 2533, T14N, R8W, on the Lucerne map; then
(10) Proceed northerly and then northeasterly along the unnamed
intermittent stream in Pierce Canyon and then the stream's northern
fork approximately 1.6 miles to the northern fork's intersection with
the 3,000-foot elevation line in section 16, T14N, R8W, on the
Clearlake Oaks map; and then
(11) Proceed straight northeast 0.15 mile, returning to the
beginning point.
Signed: May 17, 2005.
John J. Manfreda,
Administrator.
Approved: May 27, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-13042 Filed 6-30-05; 8:45 am]
BILLING CODE 4810-31-P