[Federal Register Volume 70, Number 198 (Friday, October 14, 2005)]
[Rules and Regulations]
[Pages 59993-59996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20546]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[T.D. TTB-34; Re: Notice No. 37]
RIN 1513-AA95


Establishment of the Dos Rios Viticultural Area (2004R-0173P)

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

ACTION: Final rule; Treasury decision.

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SUMMARY: This Treasury decision establishes the Dos Rios viticultural 
area in Mendocino County, California. The proposed 15,500-acre 
viticultural area is 150 miles north of San Francisco, 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.

EFFECTIVE DATE: November 14, 2005.

FOR FURTHER INFORMATION CONTACT: Nancy Sutton, Regulations and Rulings 
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;
     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.

Dos Rios Petition and Rulemaking

General Background

    TTB received a petition from Ralph Jens Carter of Sonoma, 
California, proposing the establishment of a new viticultural area to 
be called ``Dos Rios'' in northern Mendocino County, California. 
Located at the confluence of the Eel River and the Middle Fork of the 
Eel River, the proposed 15,500-acre Dos Rios viticultural area is 
approximately 40 miles north of Ukiah, 25 miles east of the Pacific 
Ocean, and 5 miles north of the northern boundary of the established 
North Coast viticultural area (27 CFR 9.30). The proposed Dos Rios 
viticultural area encompasses portions of the canyons containing the 
two rivers. Currently, six acres of commercial vineyards are planted 
within the proposed area, with the potential for additional plantings.
    Below, we summarize the evidence presented in the Dos Rios 
viticultural area petition.

Name Evidence

    ``Dos Rios'' is Spanish for ``two rivers,'' according to the Harper 
Collins Spanish College Dictionary, Fourth Edition, published in 2002. 
The USGS Dos Rios Quadrangle map shows the small village of Dos Rios at 
the confluence of the Middle Fork of the Eel River and the main channel 
of the Eel River. The November 2002 California State Automobile 
Association map and the 2003 California Compass Map show Dos Rios 
village along State Highway 162 east of Laytonville, California.
    The local GTE telephone directory lists Dos Rios and includes its 
95429 zip code. The local Vin DeTevis winery letterhead indicates its 
location on Covelo Road in Dos Rios. A 1982 photograph from the book 
entitled ``The Northwestern Pacific Railroad and Its Successors,'' by 
Wesley Fox (Fox Publications, Arvada, Colorado), shows, according to 
its caption, a southbound freight train ``rolling along the rocky edges 
of the Eel River, south of Dos Rios.''

Boundary Evidence

    The proposed Dos Rios viticultural area encompasses the confluence 
of the

[[Page 59994]]

Eel and the Middle Fork of the Eel Rivers, portions of the Eel River 
canyon to the north and south of the confluence, and a portion of the 
Middle Fork canyon east of the confluence. The proposed area also 
includes portions of the side canyons of several seasonal tributaries. 
The proposed viticultural area covers about 15,500 acres, and it is 
approximately 12 miles long east to west and 4 miles wide north to 
south.
    The 2,000-foot contour line defines the outer limits of the 
proposed Dos Rios viticultural area. Section lines shown on the USGS 
maps of the proposed area connect the 2,000 foot contour lines across 
the two rivers as the contour lines pass out of the Dos Rios area. The 
2,000-foot contour line marks the upper limit of the microclimate 
created by the proposed area's canyon geography. Above the 2,000-foot 
contour line, the climate becomes colder and less conducive to 
viticulture.
    The northern boundary of the proposed Dos Rios viticultural area 
coincides with the Round Valley Indian Reservation southern boundary 
where it crosses the Eel River north of the village of Dos Rios. 
According to the 1971 Hubbard Scientific 3-dimensional map of the 
Ukiah, California, region, this portion of the proposed area includes 
more gentle, less eroded slopes.
    The eastern region of the proposed viticultural area includes 
mildly steep slopes close to the Middle Fork of the Eel River. This 
portion of the proposed area has warmer temperatures due to sunlight 
reflected from the Middle Fork of the Eel River onto the surrounding 
slopes and canyon walls. Beyond the eastern boundary the higher, colder 
elevations of the Mendocino National Forest dominate the landscape.
    The southern boundary line of the proposed area is approximately 3 
miles south of the village of Dos Rios. This portion of the proposed 
area has significant winds and light reflection from the rivers, which 
moderate its climate.
    The western boundary of the proposed Dos Rios viticultural area is 
approximately one mile west of the village of Dos Rios and coincides 
with the steep ``Windy Point'' geographical feature shown on the USGS 
Laytonville map. Mountain terrain less influenced by the canyon 
geography of the proposed area lies beyond its western boundary.

Distinguishing Features

Geography
    Significant physical features of the proposed Dos Rios viticultural 
area include the Eel River and the Middle Fork of the Eel River and 
their surrounding canyons, which join within the proposed area. The 
canyon surrounding the confluence of the two rivers is a ``land 
trough,'' approximately one-half mile deep and 3 miles wide. This land 
trough is shown on the relevant USGS maps and in multiple dimensions on 
the Hubbard Scientific Ukiah region topographic map. As a land trough, 
the Eel and Middle Fork river canyons are the only major gaps in the 
Coast Range in this region of Mendocino County. These gaps allow the 
Pacific Ocean marine air to blow inland, or east, through the canyons 
and into the proposed Dos Rios viticultural area.
    The names of several prominent geographic features within the 
proposed Dos Rios viticultural area reflect the strength of the wind 
blowing through the canyons. The USGS maps covering the proposed area 
show two different geographic features named ``Windy Point'' within the 
proposed area and another named ``Windy Ridge'' near the proposed 
area's eastern boundary. On the USGS Laytonville map, one Windy Point 
is near the 1,800-foot elevation in the southwest corner of section 36, 
T22N, R14W. On the USGS Dos Rios map, a second Windy Point is near the 
1,400-foot elevation line between State Highway 162 and the Middle Fork 
of the Eel River, T21N, R13W. ``Windy Ridge,'' with elevations between 
2,600 feet and 3,200 feet, is immediately outside the proposed area's 
eastern boundary on the USGS Covelo West map, section 18, T22N, R13W.
    The canyon walls and hillsides surrounding the Eel River and the 
Middle Fork of the Eel River incline from 30 to 75 percent. In addition 
to the climate-moderating marine winds, sunlight reflecting off the two 
rivers onto the steep sides of the canyons warms the terrain of the 
canyons below the 2,000-foot contour line.
Climate
    The marine winds blowing through the canyons within the proposed 
Dos Rios viticultural area, the direct and reflected solar radiation, 
and the temperature are the factors that distinguish the proposed area 
from the surrounding regions of Mendocino County. The ``Sunset Western 
Garden Book,'' 7th edition, 2001, (Sunset book) which divides much of 
the western United States into growing zones, includes the region 
encompassing the proposed Dos Rios viticultural area within 
California's Zone 14, Northern California's Inland Areas with Some 
Ocean Influence, a transitional climate area. The Sunset book depicts 
this zone as a narrow geographic region surrounded by three cooler 
zones. The close proximity of four climate zones to the proposed Dos 
Rios viticultural area also helps create a unique transitional 
microclimate within the proposed area.
    Wind: As noted above, the presence of strong winds in the proposed 
Dos Rios viticultural area is reflected in the ``windy'' names given to 
several geographic features within or near its boundary. The Eel River 
and Middle Fork of the Eel River canyons create gaps in the Coast 
Range, which lies between the moderating Pacific Ocean climate to the 
west and the more continental climate found at the higher elevations 
and in the interior valleys to the east. These canyons bring climate-
moderating Pacific marine air further inland than would be expected 
without these low-elevation gaps and allow the moderating ocean air 
into the Dos Rios region, affecting the climate of the proposed 
viticultural area.
    Geographic slopes also affect airflow, according to the Sunset book 
description of how the local terrain can affect wind flow and solar 
heat. Warm air rises and cold air sinks, creating vertical wind 
movements on the 800-foot to 2,000-foot sloping elevations found within 
the proposed viticultural area.
    During the spring and summer months, the proposed viticultural area 
has brisk afternoon breezes that intensify at sunset and subside after 
dark, allowing temperatures to cool. The winds help disperse the 
morning coastal fog that reaches over the surrounding mountain ranges, 
giving the Dos Rios region sunny mornings that contrast with the 
foggier mornings found in the surrounding Covelo and Willits regions. 
During the winter the winds create a downdraft from the hilltops to the 
canyon floor that lessens the effects of freezing temperatures and 
frost in the vineyards.
    Solar Radiation: Reflective sunlight off the water of the two 
rivers provides additional warming to the hillside vineyards within the 
proposed Dos Rios viticultural area. The intensity of the reflected 
sunlight dissipates above 2,000 feet in elevation, which coincides with 
the proposed area's boundary line.
    Temperature: Temperatures within the proposed Dos Rios viticultural 
area annually average 52 to 58 degrees, with warm, dry summers and 
cool, wet winters. The marine breezes blowing through the canyons of 
the proposed viticultural area moderate temperatures, making the Dos 
Rios region cooler in the summer and warmer in the winter than regions 
to the east that have a more

[[Page 59995]]

continental climate. The frost-free growing season varies from 125 days 
to 250 days annually.
    According to the Sunset book, three cooler Sunset climate zones 
surround the proposed Dos Rios viticultural area and its transitional 
Zone 14 climate. These three climates include Zone 1, Coldest Winters 
in the West, Zone 2, Second Coldest Western Climate, and Zone 7, 
California's Digger Pine Belt. Zones 1 and 2 are the snowiest and 
coldest parts of the United States West Coast, excluding Alaska. Zone 
7, found at lower mountain elevations, has hot summers and mild, but 
pronounced, winters. The Sunset book climate zone map shows the Dos 
Rios area as having a generally colder climate and a shorter growing 
season than the lower Mendocino County elevations.
    Rainfall and Snow: The proposed Dos Rios viticultural area averages 
30 to 60 inches of rainfall each year with most rainfall occurring 
between October and April. The proposed area also receives occasional 
light snow, while the surrounding higher elevations receive more snow.
Soils
    Soils of the proposed Dos Rios viticultural area are well-drained 
to excessively well-drained loams, sandy loams, and gravelly loams that 
are deep to very deep. These soils are categorized as poor, with coarse 
texture and limited water retention. They are weathered from sandstone, 
siltstone, schist, and greywacke, which are rich in mineral nutrients. 
The soils within the proposed Dos Rios viticultural area differ from 
other nearby grape-growing regions such as the Potter Valley 
viticultural area (27 CFR 9.82), which have Cole series soils that are 
poorly drained, nearly level clay loams.

Notice of Proposed Rulemaking and Comments Received

    On March 31, 2005, TTB published a notice of proposed rulemaking 
regarding the establishment of the Dos Rios viticultural area in the 
Federal Register as Notice No. 37 (70 FR 16455). In that notice, TTB 
requested comments by May 31, 2005, from all interested persons. TTB 
received 14 comments in response, all supporting establishment of the 
proposed Dos Rios viticultural area.

TTB Finding

    After careful review of the petition and the comments received, TTB 
finds that the evidence submitted 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 ``Dos Rios'' viticultural area in Mendocino County, 
California, effective 30-days from the publication date of this 
document.

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.

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, ``Dos Rios,'' 
is recognized as a name of viticultural significance. Consequently, 
wine bottlers using ``Dos Rios'' 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.
    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 Rulings 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.  9.175 to read as follows:


Sec.  9.175  Dos Rios.

    (a) Name. The name of the viticultural area described in this 
section is ``Dos Rios''. For purposes of part 4 of this chapter, ``Dos 
Rios'' is a term of viticultural significance.
    (b) Approved Maps. The appropriate maps for determining the 
boundaries of the Dos Rios viticultural area are four United States 
Geological Survey 1:24,000 scale topographic maps. They are titled:
    (1) Dos Rios, California--Mendocino County, 1967 edition, revised 
1994;
    (2) Laytonville, California--Mendocino County, 1967 edition, 
revised 1994;
    (3) Iron Peak, California--Mendocino County, 1967 edition, revised 
1994; and
    (4) Covelo West, California--Mendocino County, 1967 edition, 
photoinspected 1973.
    (c) Boundary. The Dos Rios viticultural area is located in northern 
Mendocino County, California, at the confluence of the Eel River and 
the Middle Fork of the Eel River. The area's boundaries are defined as 
follows--
    (1) Beginning in the northwestern quarter of the Dos Rios map in 
section 32, T22N, R13W, at the intersection of the 2,000-foot contour 
line and Poonkinny Road, proceed southerly and then easterly along the 
meandering

[[Page 59996]]

2,000-foot contour line to its intersection with the eastern boundary 
of section 2, T21N, R13W, immediately south of State Route 162 (Dos 
Rios Quadrangle); then
    (2) Proceed straight south along the section line, crossing the 
Middle Fork of the Eel River, to the southeast corner of section 11, 
T21N, R13W (Dos Rios Quadrangle); then
    (3) Proceed 0.9 mile straight west along the southern boundary of 
section 11 to its intersection with the 2,000-foot elevation line, 
T21N, R13W (Dos Rios Quadrangle); then
    (4) Proceed northerly then westerly along the meandering 2,000-foot 
contour line, crossing Big Water Canyon, Doghouse Creek, and Eastman 
Creek, to the contour line's intersection with the southern boundary of 
section 17, T21N, R13W (Dos Rios Quadrangle); then
    (5) Proceed 2.1 miles straight west along the section line, 
crossing the Eel River, to the section line's intersection with the 
2,000-foot contour line along the southern boundary of section 18, 
T21N, R13W (Dos Rios Quadrangle); then
    (6) Proceed northerly along the meandering 2,000-foot contour line, 
crossing between the Dos Rios and Laytonville maps (passing around the 
Sims 2208 benchmark near the southeast corner of section 36, T22N, 
R14W), and, returning to the Laytonville map, continue westerly to the 
contour line's intersection with the southwest corner of section 36, 
T22N, R14W, at Windy Point (Laytonville Quadrangle); then
    (7) Proceed 1.2 miles straight north along the section line to its 
intersection with the 2,000-foot elevation line, section 25, T22N, R14W 
(Laytonville Quadrangle); then
    (8) Proceed northerly along the meandering 2,000-foot elevation, 
crossing between the Laytonville and Iron Peak maps, and, returning to 
the Iron Peak map, continue along the contour line to its intersection 
with the western boundary of section 14 immediately south of an unnamed 
unimproved road, T22N, R14W (Iron Peak Quadrangle); then
    (9) Proceed straight north along the section line to the southeast 
corner of section 3, T22N, R14W (Iron Peak Quadrangle); then
    (10) Proceed straight west along the section line to the southwest 
corner of section 3, T22N, R14W (Iron Peak Quadrangle); then
    (11) Proceed straight north along the section line to the northwest 
corner of section 3, T22N, R14W (Iron Peak Quadrangle); then
    (12) Proceed straight east along the section line, crossing the Eel 
River, to the northeast corner of section 2, which coincides with the 
Round Valley Indian Reservation's southern boundary, T22N, R14W (Iron 
Peak Quadrangle); then
    (13) Proceed straight south along the section line to the southeast 
corner of section 2, T22N, R14W (Iron Peak Quadrangle); then
    (14) Proceed 0.3 mile straight east to the section line's 
intersection with the 2,000-foot elevation line along the northern 
boundary of section 12, T22N, R14W, west of Eberle Ridge, (Iron Peak 
Quadrangle); and
    (15) Proceed generally southeast along the meandering 2,000-foot 
elevation, crossing onto the Covelo West map and continuing southerly 
along the 2,000-foot contour line from Stoner Creek in section 18, 
T22N, R13W, and, returning to the Dos Rios map, continue southeasterly 
along the 2,000-foot contour line (crossing Goforth and Poonkinny 
Creeks), to the beginning point at the contour line's intersection with 
Poonkinny Road.

    Signed: August 15, 2005.
Vicky I. McDowell,
Acting Administrator.
    Approved: September 2, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-20546 Filed 10-13-05; 8:45 am]
BILLING CODE 4810-31-P