[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Proposed Rules]
[Pages 65432-65437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18891]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 68]
RIN 1513-AB26


Proposed Establishment of the Tulocay Viticultural Area (2006R-
009P)

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to 
establish the 11,200-acre Tulocay viticultural area in Napa County, 
California. The proposed viticultural area lies totally within the Napa 
Valley viticultural area and the larger, multi-county North 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 January 8, 2007.

ADDRESSES: You may send comments to any of the following addresses:
     Director, Regulations and Rulings Division, Alcohol and 
Tobacco Tax and Trade Bureau, Attn: Notice No. 68, P.O. Box 14412, 
Washington, DC 20044-4412.
     202-927-8525 (facsimile).
     [email protected] (e-mail).
     http://www.ttb.gov/regulations_laws/all_rulemaking.shtml. 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 any comments we receive about this proposal by appointment at 
the TTB Information Resource Center, 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/regulations_laws/all_rulemaking.shtml.
    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, Regulations and Rulings 
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St., 
No. 158, Petaluma, CA 94952; phone 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 consumers with adequate information regarding product identity 
and prohibits the use of misleading information on those 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 geographical 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,

[[Page 65433]]

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.

Tulocay Petition

    TTB received a petition from Aaron Pott, a winemaker in Quintessa, 
and Marshall Newman of Newman Communications, on behalf of the vintners 
and grape growers in the Tulocay region of Napa Valley, California, 
proposing the establishment of the Tulocay viticultural area. The 
proposed Tulocay viticultural area, according to regional maps and 
petition information, lies 45 miles east of the Pacific Ocean and 16 
miles north of San Pablo Bay. It encompasses 11,200 acres--900 acres of 
which are dedicated to commercial vineyards, according to the 
petitioners. The proposed Tulocay viticultural area is located between 
four established viticultural areas: The Oak Knoll District of Napa 
Valley viticultural area to the northwest, the Wild Horse Valley and 
Solano County Green Valley viticultural areas to the east, and the Los 
Carneros viticultural area to the southwest. The proposed Tulocay 
boundary does not overlap any of these four viticultural areas and is 
totally within the boundaries of the Napa Valley and North Coast 
viticultural areas.
    We summarize below the supporting evidence submitted with the 
petition.

Name Evidence

    Both the ``Tulocay'' and ``Tulucay'' spellings have been used since 
the middle 1800s and, according to the petitioners, reflect the same 
geographical place name in Napa County. The petitioners use the 
``Tulocay'' spelling for this viticultural area petition.
    The history of the ``Tulocay'' name, the petitioners explain, 
originates with an American Indian village in the area. ``California 
Place Names,'' by Erwin G. Gudde, originally published in 1949 and 
revised in 1998, spells the name as ``Tulucay'' and refers to 
``tulkays'' and ``ulucas'' as names of inhabitants of the American 
Indian village. ``Old Napa Valley--The History to 1900,'' by Lin Weber, 
published in 1998, states that the ``Tulucay'' name comes from an old 
Wintun American Indian settlement in the area.
    In 1841, Cayetano Juarez named his 8,866-acre Napa area land grant 
as ``Tulucay Rancho.'' ``Tulucay, the Past is Father of the Present,'' 
by Viviene Juarez Rose, includes a description of the 1844 Tulocay 
adobe construction, as provided by Domitila Juarez Metcalf, who was the 
daughter of Cayetano Juarez. The Juarez Adobe, according to the 
petitioners, remains standing today and is used as a restaurant. Also, 
Tulocay Creek, thought to be named by Cayetano Juarez, runs south of 
the Juarez Adobe.
    In 1858, according to the Napa Record newspaper, Juarez deeded 48 
acres of his land grant for a cemetery in Tulocay. Today the Tulocay 
Cemetery serves as a Napa Valley non-sectarian cemetery. The cemetery 
name, the petitioners explain, reflects the historical significance of 
the ``Tulocay'' name to the region.
    A County of Napa, California, map dated 1876 identifies ``Rancho 
Tulucay'' to the east of the town of Napa. Also, a 1902 United States 
Coast and Geodetic Survey regional topographic map shows the Tulucay 
land grant. Further, three USGS topographic maps label the region as 
``Tulocay:'' The 1:100,000-scale metric of Napa, California, dated 
1983; the Mt. George Quadrangle map, photoinspected in 1973; and the 
Napa Quadrangle map, photorevised in 1980.

Boundary Evidence

    The history of winemaking in the Tulocay region dates to the 1860s, 
according to documentation provided in the petition. ``The Historical 
and Descriptive Sketchbook of Napa, Sonoma, Lake and Mendocino,'' 
written by C.A. Menefee and published in 1873, describes a large 
vineyard area four miles northeast of the City of Napa, to the east of 
the Tulocay land grant. The vineyard, the petitioners explain, passed 
through several ownerships, and continued producing grapes until at 
least 1954. Also, Palaz Vineyard and Silverado Vineyards more recently 
replanted grapes in the same vineyard area.
    The modern revival of grape growing in the Tulocay region, the 
petitioners state, started in 1968 with the Hayes Vineyard near the 
center of the proposed Tulocay viticultural area. Other Tulocay region 
vineyard plantings include Olive Hill in 1973, Farella-Park in 1979, 
Caldwell in 1982, and Sarco in 1992.
    The boundaries of the proposed Tulocay viticultural area, according 
to the petitioners, include about 65 percent of the original Tulocay 
land grant. The petitioners explain that the long viticultural history 
and distinctive geography of the Tulocay region fail to coincide 
exactly with the boundaries of the original Tulocay land grant. The 
petitioners include only the Tulocay lands that meet historic and 
distinguishing features criteria appropriate for the proposed 
viticultural area. The proposed viticultural area boundary line, 
according to the petitioners, safeguards the viticultural integrity and 
uniformity of the distinguishing features of the Tulocay grape-growing 
region.
    The proposed Tulocay viticultural area is nestled in the 
southeastern region of the Napa Valley viticultural area, between the 
City of Napa at the Napa River and the western Solano County line along 
the western ridgeline of the Vaca Range. The boundary line 
determination for the proposed Tulocay viticultural area includes 
careful petitioner consideration of surrounding established 
viticultural areas, each with a distinctive name, history, and set of 
distinguishing features.
    The eastern proposed Tulocay viticultural area boundary line 
incorporates a combination of generally straight lines between unnamed 
western Vaca Range peaks and portions of the Napa-Solano County line, 
as noted in the written boundary description. With two small 
modifications to keep the proposed Tulocay viticultural area totally 
within Napa County, the proposed boundary line corresponds closely to, 
without overlapping, the Wild Horse Valley and Solano County Green 
Valley viticultural areas' western boundary lines, according to the 
written boundary descriptions. The proposed Tulocay eastern boundary 
line defines the extent of the ``Tulocay'' geographical name 
recognition, the petitioners explain. Also, the proposed line includes 
all the vineyards on the historic Woodward/Hagen/Cedar Knoll property 
and the Farella-Park Vineyard, which are important to Tulocay's modern 
viticultural claim.
    The southern proposed Tulocay viticultural area boundary line, as 
noted in the written boundary description, uses a straight southeast-
to-northwest line from an unnamed 1,686-foot peak to Imola Avenue, and 
then continues west on Imola Avenue to the Napa River. The proposed 
southern boundary line takes in Caldwell Vineyards, a part of Tulocay's 
modern viticultural history, according to the petitioners. Also, 
immediately beyond the proposed southern boundary line sits an imposing 
east-west transverse ridge that climatically isolates the Tulocay 
region from the full impact of the marine influence of San Pablo Bay. 
The transverse ridge also separates Tulocay from a floodplain with 
differing soils and climate, and from the Napa River's

[[Page 65434]]

transition to a broad slough. The petitioners note that it is difficult 
to use the complex terrain of the transverse ridge to develop a precise 
and sensible southern boundary line for the proposed Tulocay 
viticultural area. Accordingly, the petitioners use a straight line 
between two map points and a portion of Imola Avenue to define the 
southern limits of the proposed area.
    The western proposed Tulocay viticultural area boundary line relies 
on the Napa River and Milliken Creek to connect Imola Avenue on the 
south to Monticello Road on the north, according to the written 
boundary description and the Napa USGS map. Also, the proposed western 
boundary line closely reflects the western Tulocay land grant line, and 
includes the historic Tulocay Cemetery and the Juarez Adobe.
    The northern proposed Tulocay viticultural area boundary line uses 
Monticello Road and a straight line from the road's intersection with a 
400-foot contour line to the peak of Mt. George, as noted in the 
written boundary description. Much of the length of the proposed north 
boundary line follows the ridge line separating Sarco Creek on the 
south from MiIliken Creek on the north, the petitioners explain. Also, 
the proposed northern boundary line includes Tulocay's historical 
vineyards and the northernmost limit of its distinctive climate.

Distinguishing Features

    The proposed Tulocay viticultural area's distinguishing features, 
as described in the petition, include climate, soil, and geography. 
Steve Newman, a meteorologist at Earth Environment Service, prepared 
documentation for the climate section of this petition. Sidney W. 
Davis, a professional soil scientist at Davis Consulting Earth 
Scientists, prepared documentation for the geology, geography, and soil 
sections of the petition.
Climate
    The geographical location and terrain configuration of the proposed 
Tulocay viticultural area create a unique microclimate within Napa 
Valley. The Tulocay region growing season climate gets more sun and 
sustained heat than the foggy Napa Valley flatlands to the south and 
west, but less than the more northern areas of Napa Valley. Also, in 
the Napa Valley area, the daily summer heating and cooling patterns are 
based on the cold marine air and fog drawn onshore and north from the 
San Pablo Bay through the flatlands, small valleys, and gaps in higher 
terrain.
    Tulocay, which climatically contrasts to its southern neighbors, 
the Los Carneros and Suscol Creek regions within Napa Valley, sits 
apart in a fog-protected partial basin with high ridges. The Los 
Carneros and Suscol Creek terrains include predominantly flat, open 
topography, allowing unprotected and full summertime exposures to the 
cooling fog influence of San Pablo Bay, the petitioners explain. Also, 
the open terrain geographically contrasts with the protective ridges 
that partially surround Tulocay's basin landform.
    The Tulocay viticultural Climate Region II classification averages 
between 2,750 and 3,000 total degree-days annually, based on a heat 
summation system. (One degree day accumulates for each degree that a 
day's mean temperature is above 50 degrees Fahrenheit, which is the 
minimum temperature required for grapevine growth; see ``General 
Viticulture,'' Albert J. Winkler, University of California Press, 
1975.)
    Documentation by Mr. Newman and information from ``General 
Viticulture'' provide a basis for the climate tables below. The first 
table defines each of the five climate regions by annual number of 
degree-days. The second table shows the heat summation range of Napa 
Valley by climate region, comparing the Tulocay area to other Napa 
Valley regions.

------------------------------------------------------------------------
                                             Heat summations by degree-
              Climate region                            days
------------------------------------------------------------------------
I.........................................  Less than 2,500.
II........................................  2,501 to 3,000.
III.......................................  3,001 to 3,500.
IV........................................  3,501 to 4,000.
V.........................................  4,001 or more.
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                     Location in Napa
    Climatic  region        Area of Napa Valley           Valley
------------------------------------------------------------------------
I.......................  Los Carneros..........  South.
I.......................  Suscol Creek..........  South.
II......................  Tulocay...............  Southeast.
II......................  Oak Knoll.............  South central.
III.....................  Oakville..............  North central.
III.....................  St. Helena............  Northwest.
III.....................  Calistoga.............  Northwest.
------------------------------------------------------------------------

    The table above shows Napa Valley growing season temperatures, 
south to north, that span from Climate Region I to Region III. Mr. 
Newman's documentation demonstrates the climatic variability of the 
Napa Valley viticultural area based on distances from the cooling 
influence of the San Pablo Bay and the varying open or protective 
topography.
    In the morning, the cooling marine fog in the Tulocay region 
usually burns off by about 10 a.m. giving way to sunshine, which occurs 
one to two hours earlier than in the foggier Los Carneros and Suscol 
Creek areas to the south and west. The transverse ridge south of 
Tulocay serves as a dividing line between the geographic isolation of 
Tulocay and the cooler and foggier open terrain to its south and west 
in the Los Carneros region, Mr. Newman explains.
    In the afternoon the inland heat of the Napa Valley region draws 
the foggy, marine air off the Pacific Ocean, through the Golden Gate 
and San Francisco Bay, and north across San Pablo Bay into Napa Valley, 
according to Mr. Newman's description. The Bay's cooling marine 
influence, wind, and fog permeate the Los Carneros and Suscol Creek 
areas before traveling north and up the Napa Valley. Between 2:30 p.m. 
and 3 p.m., the cooling breezes draw over Tulocay's western low ridge 
and southwest gap. Mr. Newman explains that the Tulocay region remains 
breezy, cool and sunny in the later afternoon, with fog developing in 
the evening hours. Also, the rest of Napa Valley to the north receives 
the cooling marine air later in the afternoon than the Tulocay region.
    In summary, Mr. Newman states that Tulocay enjoys a warmer and 
sunnier summer growing season than the cooler and foggier neighboring 
areas to the south and west, but a cooler, less sunny growing season 
than areas to the north. Also, the Tulocay fog gives way to sunshine 
earlier in the day, and the cooling marine winds arrive later in the 
day than the fogs in the Los Carneros and Suscol Creek regions to the 
south and west. Tulocay's ample sunshine, moderate warmth, and brief 
durations of the maximum temperatures during the summer, combine to 
create a unique grape-growing climate.
Geology
    The western ridge of the Vaca Range, which is also the eastern 
proposed Tulocay viticultural area boundary line, consists of Sonoma 
Volcanics (pyroclastic rocks), according to the ``Geologic Map of the 
Santa Rosa Quadrangle,'' by Wagner and Bortugno, published in 1982. The 
Sonoma Volcanics, according to the geologic map, extend both north and 
south of the proposed Tulocay viticultural area boundary line. Mr. 
Davis adds that valley fill is superimposed on top of the volcanic 
materials to the west, with predominantly uplifted and folded marine 
sediments to the east.
    The center of the proposed Tulocay viticultural area, according to 
Mr. Davis, sits on a horseshoe-shaped valley cut into volcanic rock and 
backfilled with alluvial deposits. Also, the western-

[[Page 65435]]

most part of the proposed viticultural area includes a remnant island, 
or highland of volcanic rock, to the east of the Napa River.
Geography
    The Tulocay area sits in a partial basin landform. The basin 
geography includes a low ridge along Monticello Road at the proposed 
north boundary line; a high ridge from the Vaca Range along the 
proposed east boundary line; a high transverse ridge to the immediate 
south of the proposed boundary line; a small, low elevation opening to 
the southwest for Tulocay Creek; and a river and adjoining creek along 
the proposed western boundary line, according to Mr. Davis' 
description. The elevations of the proposed Tulocay viticultural area, 
according to USGS maps of the region, vary from about 10 feet at the 
Napa River shoreline to 1,800 feet at the northeast corner of the 
proposed viticultural area along the western ridge of the Vaca Range.
    The Tulocay crescent-shaped landform, an area with low and gentle 
topography, faces erosion from small watersheds, according to the 
petitioners. The Sarco, Kreuse, and Tulocay creeks flow east to west 
and through the proposed viticultural area into the Napa River, 
according to the USGS maps. The Tulocay area slopes are generally west-
southwest, Mr. Davis states, with a lesser number of east-northeast 
facing slopes that provide for variability in soil development.
Soils
    Soils in the proposed Tulocay viticultural area develop primarily 
from the volcanic parent materials and related weathering products, 
according to Mr. Davis. The soils form through stream deposition and 
gravitational processes, possibly from a combination of river terraces 
and landslide deposits. Also, the soils develop in a xeric climate, 
noted for moist, cool winters and warm, dry summers.
    The proposed Tulocay viticultural area includes 17 soils map units, 
representing a combination of 10 individual soil series, according to 
the ``Soil Survey of Napa County,'' published in 1978 by the United 
States Department of Agriculture (USDA), Soil Conservation Service 
(SCS). The table below lists the predominant parent materials, 
landforms and soil series' associations of the proposed Tulocay 
viticultural area.

------------------------------------------------------------------------
                                                        Soil series
       Parent materials              Landform           association
------------------------------------------------------------------------
Alluvial......................  Flood plains.....  Bale-Cole-Yolo
                                                    (deeper than 60
                                                    inches, poorly to
                                                    well-drained).
Alluvial......................  Terraces.........  Haire-Coombs (deeper
                                                    than 60 inches, well-
                                                    drained with
                                                    moderately acid
                                                    topsoil over
                                                    strongly acid
                                                    subsoil).
Volcanic......................  Uplands..........  Kidd-Hambright-
                                                    Sobrante-Guenoc-
                                                    Forward (depth
                                                    ranges from less
                                                    than 12 inches to
                                                    more than 60 inches,
                                                    well-drained, and
                                                    moderately acid).
------------------------------------------------------------------------

    The proposed Tulocay viticultural area dominant soils associations 
include terrace soils (Haire-Coombs association) and upland soils 
(Kidd-Hambright-Sobrante-Guenoc-Forward association) in almost equal 
percentages. Also, the low-lying alluvial soils (Bale-Cole-Yolo 
association) exist to a minor extent in the Tulocay area.
    Prominent soil features of the proposed Tulocay viticultural area 
include significant amounts of allophone, imoglolite, and ferrihydrite 
with high phosphate retention, according to Mr. Davis. Also, andic soil 
properties, found in the residual soils, come from the weathering of 
volcanic parent materials. Thick and dark topsoil (Mollisols) 
prominently blankets the area with high organic carbon content, 
providing soil fertility and a nutrient reservoir for sustainable and 
reliable long-term viticulture, Mr. Davis explains.
    Mr. Davis states that the regions surrounding the proposed Tulocay 
viticultural area include soil types different from those found within 
the proposed boundary. To the north the soils predominantly include 
residual upland types, with a small percentage of alluvial soils. To 
the east, along the west-facing steep mountain slopes of the Vaca 
Range, the shallow soils cover hard bedrock. To the south the soils 
include heavy texture clays derived from marine, feldspar-rich 
sandstone. To the west, the Napa River and Milliken Creek create an 
environment of low-lying flood plain soils.
    The Tulocay soils composition develops entirely from residual 
volcanic parent material and its secondary weathering products, a rare 
occurrence in a California viticultural area, according to Mr. Davis. 
Also, the unique Tulocay soils include well-drained, volcanically-
influenced, and organic matter-rich properties. Mr. Davis concludes 
that the Tulocay dominant soil characteristics and prevalent properties 
distinguish the proposed viticultural area from other areas of the 
region.

Comparison of the Proposed Tulocay Viticultural Area to the Established 
Napa Valley Viticultural Area

    The 11,200-acre proposed Tulocay viticultural area sits entirely 
within the larger Napa Valley viticultural area, according to the 
petitioners. The Tulocay proposed boundary land space occupies about 
three percent of the Napa Valley viticultural area.
    The climate of the Tulocay region, according to Mr. Newman, 
includes the lack of degree-day variation, in contrast to the larger 
Napa Valley viticultural area. Mr. Newman explains that the Tulocay 
area experiences Climate Region II degree-days during the growing 
season, while Napa Valley areas to the south, and closer to the San 
Pablo Bay, experience cooler Climate Region I degree-days. Napa Valley 
regions to the north of Tulocay and the City of Napa experience warmer 
Climate Region III degree-days.
    The partial basin geography of the Tulocay region, according to Mr. 
Newman, provides protective climatic boundaries. Also, to the southwest 
of the Tulocay region lies the relatively flat Los Carneros area in 
close proximity to the San Pablo Bay. The northern regions of the Napa 
Valley, according to topographical maps of the area, include a 
relatively flat, narrow valley floor and mountain ranges on the east 
and west sides.
    The soils of the Tulocay region, Mr. Davis explains, include 
residual volcanic parent material and secondary weathering products. 
Also, the soil features include well-drained, volcanically-influenced 
and organic matter-rich properties that create a growing environment 
for nutrient-rich, sustainable viticulture.
    The petitioner emphasizes that the Tulocay viticultural area 
petition documents the history, geographical name identification, and 
distinguishing viticultural features of the small Tulocay region 
without detracting from the well-known Napa Valley name and distinctive 
winegrowing elements. TTB

[[Page 65436]]

believes that the previous establishment of 14 other viticultural areas 
completely or partially within the boundary of the 400,000-acre Napa 
Valley viticultural area provides evidence of its wide spectrum of 
distinguishing features. TTB concludes that this petition to establish 
the 11,200-acre Tulocay viticultural area merits consideration and 
public comment as invited in this notice.

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 petitioners 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, ``Tulocay,'' will be recognized as a name of viticultural 
significance under 27 CFR 4.39(i)(3). The text of the proposed 
regulation clarifies this point. Consequently, wine bottlers using 
``Tulocay'' 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. The proposed part 9 regulatory text set forth in 
this document specifies the ``Tulocay'' name as a term of viticultural 
significance for purposes of part 4 of the TTB regulations.
    Additionally, because an alternate spelling of ``Tulocay'' appears 
in the petition and is cited in this notice as evidence of the area 
name, TTB wishes to clarify that the establishment of this viticultural 
area as ``Tulocay'' precludes the use of the alternate spelling 
``Tulucay.'' Thus, the name ``Tulucay'' will not be permitted in any 
reference as to the origin of the wine.
    For a wine to be eligible to use as an appellation of origin a 
viticultural area name or other term specified as being viticulturally 
significant in part 9 of the TTB regulations, at least 85 percent of 
the wine must be derived from grapes grown within the area represented 
by that name or other term, and the wine must meet the other conditions 
listed in 27 CFR 4.25(e)(3). If the wine is not eligible to use the 
viticultural area name or other term as an appellation of origin and 
that name or other term 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 or 
other term 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 ``Tulocay'' 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 Tulocay viticultural area.
    Different rules apply if a wine has a brand name containing a 
viticultural area name or other viticulturally significant term that 
was used as a brand name on a label approved before July 7, 1986. See 
27 CFR 4.39(i)(2) for details.

Public Participation

Comments Invited

    We invite comments from interested members of the public on whether 
we should establish the proposed viticultural area. We also are 
interested in receiving comments on the sufficiency and accuracy of the 
name, boundary, climate, 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 Tulocay viticultural area on wine labels that includes the 
word ``Tulocay'' 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, including any brand names using the alternative 
spelling ``Tulucay.'' 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.

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/regulations_laws/all_rulemaking.shtml. 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 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 Information 
Resource Center 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 
information specialist 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

[[Page 65437]]

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 Information 
Resource Center. To access the online copy of this notice and the 
submitted comments, visit http://www.ttb.gov/regulations_laws/all_rulemaking.shtml. 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 Rulings 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 
title 27, chapter 1, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

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

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

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


Sec.  9.------------  Tulocay.

    (a) Name. The name of the viticultural area described in this 
section is ``Tulocay''. For purposes of part 4 of this chapter, 
``Tulocay'' is a term of viticultural significance.
    (b) Approved maps. The appropriate maps for determining the 
boundary of the Tulocay viticultural area are two United States 
Geological Survey 1:24,000 scale topographic maps. They are titled:
    (1) Mt. George Quadrangle, California, 1951, Photoinspected 1973; 
and
    (2) Napa Quadrangle, California-Napa Co., 1951, Photorevised 1980.
    (c) Boundary. The Tulocay viticultural area is located in Napa 
County, California. The boundary of the Tulocay viticultural area is as 
described below:
    (1) The beginning point is on the Mt. George map at the 1,877-foot 
peak of Mt George, section 29, T6N/R3W;
    (2) From the beginning point, proceed 0.4 mile straight southeast 
to the intersection of the 1,400-foot elevation line and an unnamed 
intermittent creek, feeding northeast into Leonia Lakes, section 29, 
T6N/R3W; then
    (3) Proceed 0.45 mile straight east-southeast to the intersection 
of the 1,380-foot elevation line and an unnamed, unimproved dirt road 
and then continue in the same straight line of direction to the section 
29 east boundary line, T6N/R3W, Mt. George Quadrangle; then
    (4) Proceed 0.6 mile straight south-southeast to the unnamed 1,804-
foot elevation point in the northwest quadrant of section 33, T6N/R3W, 
Mt. George Quadrangle; then
    (5) Proceed southerly in a straight line for 0.95 mile to the 
corner of the Napa-Solano County line at the 1,731-foot elevation point 
on the T6N/T5N boundary line, R3W, Mt. George Quadrangle; then
    (6) Proceed southerly for 0.3 mile along the Napa-Solano County 
line to its intersection with a 1,600-foot pinnacle that straddles the 
county line, section 4, T5N/R3W, Mt. George Quadrangle; then
    (7) Proceed southerly in a straight line for 0.9 mile to the 1,480-
foot elevation point along the section 9 north boundary line, T5N/R3W, 
Mt. George Quadrangle; then
    (8) Continue southerly in a straight line for 1.3 miles to the 
1,351-foot elevation point, section 16, T5N/R3W, Mt. George Quadrangle; 
then
    (9) Proceed 0.85 mile straight southwest to the corner of the Napa-
Solano County line immediately inside of the section 17 south boundary 
line, T5N/R3W, Mt. George Quadrangle; then
    (10) Proceed southwesterly for 0.7 mile along the Napa-Solano 
County line to its intersection with the 1,686-foot elevation peak, 
east of Sugarloaf, section 20, T5N/R3W, Mt. George Quadrangle; then
    (11) Proceed northwesterly in a straight line for 2.1 miles to the 
90-degree turn of Imola Avenue at the 136-foot elevation point, section 
13, T5N/R4W, Mt. George Quadrangle; then
    (12) Proceed west for 2.1 miles along Imola Avenue, crossing onto 
the Napa map, to its intersection with the Napa River at the Maxwell 
Bridge, T5N/R4W, Napa Quadrangle;
    (13) Proceed northerly (upstream) for 3.2 miles along the Napa 
River to its intersection with Milliken Creek, T6N/R4W, Napa 
Quadrangle; then
    (14) Continue northerly (upstream) for 0.75 mile along Milliken 
Creek to its intersection with Monticello Road, T6N/R4W, Napa 
Quadrangle; then
    (15) Proceed northeasterly for 2.4 miles along Monticello Road, 
crossing onto the Mt. George map, to its intersection with the section 
19 west boundary line, T6N/R3W; and
    (16) Proceed east-southeasterly in a straight line for 1.4 miles 
and return to the beginning point at the 1,877-foot peak of Mt. George.

    Signed: October 13, 2006.
John J. Manfreda,
Administrator.
 [FR Doc. E6-18891 Filed 11-7-06; 8:45 am]
BILLING CODE 4810-31-P