[Federal Register Volume 73, Number 210 (Wednesday, October 29, 2008)]
[Rules and Regulations]
[Pages 64199-64202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25747]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2007-0066; T.D. TTB-71; Re: Notice No. 76]
RIN 1513-AB49


Establishment of the Leona Valley Viticultural Area (2007R-281P)

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

ACTION: Final rule; Treasury decision.

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SUMMARY: This Treasury decision establishes the 13.4-square mile 
``Leona Valley'' American viticultural area in northeastern Los Angeles 
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: November 28, 2008.

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; telephone 415-271-1254.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act requires that these regulations, among other 
things, prohibit consumer deception and the use of misleading 
statements on labels, and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the 
regulations promulgated under the FAA Act.
    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 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.

Leona Valley Petition

    Mr. Ralph Jens Carter submitted a petition for establishment of the 
13.4-square mile Leona Valley viticultural area on behalf of the 
Antelope Valley Winegrowers Association, the Leona Valley Winery, and 
Donato Vineyards. The area currently includes 20 acres of vineyards, 
and more acreage for wine grape growing is under development. The 
proposed Leona Valley viticultural area boundary line does not affect 
or overlap any other proposed or established viticultural area.
    The proposed boundary line defines an area where viticulture is 
already established or has potential for establishment. Consequently, 
the area defined is limited to the valley floor and side slopes. The 
distinguishing features of the proposed viticultural area include the 
physical characteristics of the San Andreas Fault system, the fault-
controlled Leona Valley, and the surrounding, high-elevation mountains. 
The climate, geology, and soils distinguish the proposed viticultural 
area from areas outside of the proposed boundary line.

Name Evidence

    According to the petitioner, the name ``Leona'' derives from an 
early rancher named Miguel Leonis, and in the 1880s, a homesteader from 
Nebraska called the area ``Leona Valley.'' The ``Leona Valley'' name 
identifies a valley, a town within the valley, a ranch (the Leona 
Valley Ranch), and a festival (the annual Leona Valley Cherry 
Festival).
    The petitioner provides maps that show that the Leona Valley is 
located in the northeast part of Los Angeles County, California. The 
``Leona Valley'' name appears on the USGS Ritter Ridge, Sleepy Valley, 
and Del Sur quadrangle maps, which the petitioner uses to define the 
boundary line of the proposed viticultural area. The Sleepy Valley map 
also identifies a small town in the valley as ``Leona Valley.'' A 
recent atlas identifies both a valley and small town within the 
proposed viticultural area as ``Leona Valley'' (The DeLorme Southern 
and Central California Atlas and Gazetteer, 2005, page 79).

Boundary Evidence

    According to the petitioner, and as evidenced by the written 
boundary description and the USGS Sleepy Valley quadrangle map, the 
proposed viticultural area includes the town and valley which are both 
named ``Leona Valley.'' The proposed boundary line borders the Angeles 
National Forest to the west and the Antelope Valley and the Mojave 
Desert to the northeast. Mountains and hills surround all sides of the 
valley. The floor and side slopes of the Leona Valley influence the 
shape of the proposed viticultural area, which includes vineyards in 
remote, but suitable, areas, but excludes steep slopes where erosion is 
a hazard.
    According to the petitioner, historically, the Native American 
Shoshone Tribe lived as hunters and gatherers in the Leona Valley area. 
In

[[Page 64200]]

the mid-1800s, when the Shoshone departed the area, immigrants from 
Spain and Mexico started cattle ranching. During the 1880s, 
homesteaders from Nebraska, France, and Germany divided the ranches 
into smaller parcels for farms.
    In the early 1900s the John Ritter family began to plant grapes in 
the Leona Valley area. The Ritter family winery, Belvino Vineyards, 
aged wine in a cave for at least 5 years before bottling and selling 
the wine on national and international markets. During Prohibition, the 
Ritters ceased producing wine. The petitioner notes that local 
residents report that zinfandel and mission vines planted in the early 
1900s are still growing.
    Currently, the proposed Leona Valley viticultural area contains 20 
acres of commercial wine grape production on the Reynolds Family 
Vineyard and an acreage of pinot noir grapes on land owned by Donato 
Vineyards. At the time of filing the petition, Donato Vineyards, at the 
southeast end of the Leona Valley, planned to develop another 10 acres 
for growing wine grapes.

Distinguishing Features

    The petitioner states that the distinguishing features of the 
proposed Leona Valley viticultural area consist of climate, physical 
features, geology, and soils. As evidence of many of the distinguishing 
features of the proposed viticultural area, the petitioner cites the 
Soil Survey of the Antelope Valley Area, California (United States 
Department of Agriculture, Soil Conservation Service, in cooperation 
with the University of California Agricultural Experiment Station, 
1970).
Climate
    The petitioner explains that the soil survey designates the 
southern and western parts of the Antelope Valley and the Leona Valley 
as Major Land Resource Area (MLRA) 19, Southern California Coastal 
Plain. MLRA 19 has a distinctive combination of climate, soils, and 
mild temperatures, including an annual, 210- to 300-day frost-free 
period. Also, MLRA 19 is hot and dry in summer and cool and moist in 
winter. It is suitable to a wide variety of field, fruit, and nut 
crops. Annual precipitation ranges from 9 to 16 inches in MLRA 19, and 
irrigation use is routine. The soil survey shows that the land 
management techniques and cropping systems used in MLRA 19 are 
different from those used in the adjacent MLRA 30, Mojave Basin and 
Range, and MLRA 20, Southern California Mountains.
    The petitioner also cites the Sunset Western Garden Book, which 
classifies the Leona Valley area as Zone No. 18, Southern California's 
Interior Valleys (Sunset Publishing Corporation, Menlo Park, 
California, 1995). In this zone the continental air mass is a major 
influence on climate, and the Pacific Ocean determines the climate in 
the valley only about 15 percent of the time.
    According to the petitioner, annual precipitation within the 
proposed Leona Valley viticultural area ranges from 9 to 12 inches. In 
the Mojave Desert to the east of the Leona Valley, the range is only 4 
to 9 inches. In the mountainous areas surrounding Leona Valley to the 
south, west, and north, the range is between 12 and 20 inches.
    The petitioner states that the growing season of the proposed 
viticultural area consists of warm days and cool nights. The cool 
nights slow the ripening of the grapes, helping the grapes to retain 
their natural acidity. Air drainage off the slopes of the hills and 
mountains helps prevent spring frost damage to grapes.
    The petitioner submitted comparative data based on the Winkler 
Climate Classification System. In the Winkler system, heat accumulation 
per year defines climatic regions for grape growing. As a measurement 
of heat accumulation during the growing season, 1 degree day 
accumulates for each degree Fahrenheit that a day's mean 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.) Climatic region I has less than 
2,500 degree days per year; region II, 2,501 to 3,000; region III, 
3,001 to 3,500; region IV, 3,501 to 4,000; and region V, 4,001 or more.
    The petitioner states that the air temperatures during the growing 
season in the proposed viticultural area have an average heat summation 
of 4,060 degree days, which falls into the low range of region V. The 
annual heat summation totals of the regions in and around the proposed 
Leona Valley viticultural area are listed in the table below.

------------------------------------------------------------------------
                                Relative position    Average annual heat
           Region               with reference to    summation in degree
                                  Leona Valley      days/climatic region
------------------------------------------------------------------------
Leona Valley................  Within..............  4,060 (low region
                                                     V).
Sandberg....................  25 miles west-        3,370 (mid region
                               northwest.            III).
Tehachapi...................  38 miles north-       2,900 (high region
                               northwest.            II).
Lancaster...................  15 miles northeast..  4,600 (high region
                                                     V).
------------------------------------------------------------------------

Physical Features
    According to USGS maps of the region, the Leona Valley is a low, 
sloping landform with elevations between 2,932 and 3,800 feet. It is 
surrounded by higher hills, Portal Ridge, Ritter Ridge, Sierra Pelona, 
and the mountains of the Angeles National Forest, the highest of which 
has an elevation of 4,215 feet. According to the petitioner, the Leona 
Valley comprises isolated knolls of significantly different elevations 
and, in places, narrows to a width of a mile.
    The petitioner explains that the San Andreas Fault, a major 
continental fault system, is a significant distinguishing feature of 
the proposed Leona Valley viticultural area. As shown on the USGS maps 
of the region, this fault and its tributary faults in the Leona Valley 
trend southeast to northwest. The petitioner explains that the Leona 
Valley formed either when two parallel fault lines lifted mountains 
beside a drop-down area or when erosion over thousands of years caused 
a deep dissection in the fault zone. Seismic movement along the fault 
line has formed ridges and isolated hills and exposed various rocks.
    The petitioner states that ground water provides a plentiful supply 
of water for vineyard irrigation within the proposed Leona Valley 
viticultural area. As shown on the Ritter Ridge, Sleepy Valley, and Del 
Sur quadrangle USGS maps, many agricultural wells tap into the ground 
water.
Geology
    The petitioner explains that relative displacement and a lack of 
continuity of the rocks on either side of the San Andreas Fault 
contribute to the complexity, weakening, and erosion of the parent 
rock. Near some portions of the fault the varying sedimentary strata 
determine the geologic formation.
    Citing a California Department of Conservation Geologic Map, the

[[Page 64201]]

petitioner notes that the mostly nonmarine and unconsolidated alluvium 
on the Leona Valley floor is from the Quaternary Period, or about 2 
million years old or less. The various types of schist, quartz, 
granite, and a complex of mixed, Precambrian igneous and metamorphic 
rocks in the valley contrast with the surrounding hills, which formed 
on Paleozoic or Mesozoic strata, 65 to 280 million years ago.
Soils
    The petitioner explains that a fault increases the variety of rock 
exposed on the surface and eventually results in the formation of a 
greater variety of soil textures. Thus, the San Andreas fault 
influenced the properties and mineralogy of the soils in the Leona 
Valley.
    The petitioner states that the soils on the Leona Valley floor 
differ from those beyond the boundary line of the proposed viticultural 
area. The surface layer of the soils in the Leona Valley formed in 
mixed decayed organic matter and soil material that originated on the 
surrounding mountains. Multiple rock types on the valley floor were the 
parent material of alluvial soils that have diverse mineralogy and 
texture. The soils on the valley floor are deep and moderately drained; 
those on the surrounding hills are shallow and excessively well 
drained.
    According to the soil survey, the soils of the proposed Leona 
Valley viticultural area are mainly the Hanford-Ramona-Greenfield 
association on alluvial fans and terraces. This association consists of 
nearly level to moderately steep, well drained, very deep soils that 
have a surface layer of loamy sand to loam. Hanford soils are well 
drained. They do not have a hardpan or a compacted clay layer, and are 
easily worked.
    According to the petitioner, Chino loam is in some areas of the 
proposed Leona Valley AVA. This soil is suited to use as pasture and to 
seeding to perennial grasses. It is very deep and poorly drained, and 
has a seasonal high water table. Permeability in this soil is slow. In 
some places water is ponded on this soil. Growers install drainage 
systems or manage their crops to counteract the poor drainage of this 
soil.
    The petitioner explains that the Vista-Amagora association is among 
the dominant soils at higher elevations outside the boundary line of 
the proposed Leona Valley viticultural area. This association consists 
of strongly sloping to steep, well drained to excessively drained soils 
that have a surface layer of coarse sandy loam. South of the valley, in 
smaller areas, is the Anaverde-Godde association. It consists of 
moderately steep or steep, well drained soils that have a surface layer 
of sandy loam or loam.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 76 regarding the proposed Leona Valley 
viticultural area in the Federal Register (72 FR 65489) on November 21, 
2007. In that notice, TTB invited comments by January 22, 2008, from 
all interested persons. We expressed particular interest in receiving 
comments on whether the proposed area name would result in a conflict 
with currently used brand names. We also solicited comments on the 
sufficiency and accuracy of the name, boundary, climatic, and other 
required information submitted in support of the petition. We received 
13 comments from individuals and groups, including the Antelope Valley 
Winegrowers Association and the Antelope Valley Clean Air Group, in 
response to that notice. All 13 comments supported the establishment of 
the Leona Valley viticultural area as proposed.

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 ``Leona Valley'' American viticultural area in Los 
Angeles 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 document.

Maps

    The maps for determining the boundary of the viticultural area are 
listed 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, ``Leona 
Valley,'' is recognized under 27 CFR 4.39(i)(3) as a name of 
viticultural significance. The text of the new regulation clarifies 
this point. Consequently, wine bottlers using ``Leona 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. TTB has 
determined that only the full name ``Leona Valley'', and not ``Leona'' 
standing alone, has viticultural significance.
    For a wine to be labeled with a viticultural area name or with a 
brand name that includes a viticultural area name or other term 
specified as having viticultural significance 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 of viticultural significance 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 of viticultural significance 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 or other term of viticultural significance 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

    N.A. Sutton of the Regulations and Rulings Division drafted this 
notice.

List of Subjects in 27 CFR Part 9

    Wine.

[[Page 64202]]

The Regulatory Amendment

0
For the reasons discussed in the preamble, we amend title 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.


0
2. Amend subpart C by adding Sec.  9.212 to read as follows:

Subpart C--Approved American Viticultural Areas


Sec.  9.212  Leona Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Leona Valley''. For purposes of part 4 of this chapter, 
``Leona Valley'' is a term of viticultural significance.
    (b) Approved maps. The four United States Geological Survey 
1:24,000 scale topographic maps used to determine the boundary of the 
Leona Valley viticultural area are titled:
    (1) Ritter Ridge, Calif., 1958; Photorevised 1974;
    (2) Sleepy Valley, CA, 1995;
    (3) Del Sur, CA, 1995; and
    (4) Lake Hughes, CA, 1995.
    (c) Boundary. The Leona Valley viticultural area is located in Los 
Angeles County, California. The boundary of the Leona Valley 
viticultural area is as described below:
    (1) From the beginning point on the Ritter Ridge map at the 
intersection of Elizabeth Lake Pine Canyon Road and the section 23 east 
boundary line, T6N, R13W, proceed straight south along the section 23 
east boundary line approximately 0.1 mile to its intersection with the 
3,000-foot elevation line, T6N, R13W; then
    (2) Proceed west along the 3,000-foot elevation line to its 
intersection with the section 23 west boundary line, T6N, R13W; then
    (3) Proceed south along the section 23 west boundary line to the 
southwest corner of section 23 at the 3,616-foot marked elevation 
point, T6N, R13W; then
    (4) Proceed west along the section 22 south boundary line, crossing 
onto the Sleepy Valley map, and continuing along the section 21 south 
boundary line, crossing over Pine Creek, to its intersection with the 
3,400-foot elevation line, T6N, R13W; then
    (5) Proceed west along the 3,400-foot elevation line to its 
intersection with the section 19 south boundary line and Bouquet Canyon 
Road, T6N, R13W; then
    (6) Proceed straight west along the section 19 south boundary line 
to its intersection with the 3,560-foot elevation line, an unimproved 
road, and a power transmission line, north of Lincoln Crest, T6N, R13W; 
then
    (7) Proceed northeast along the 3,560-foot elevation line across 
section 19 to its east boundary line, T6N, R13W; then
    (8) Proceed in a straight line north-northwest approximately 0.25 
mile to its intersection with a trail and the 3,800-foot elevation 
line, T6N, R13W; then
    (9) Proceed northwest along the meandering 3,800-foot elevation 
line through section 19 to its intersection with the section 13 
southeast corner, T6N, R14W; then
    (10) Proceed straight west, followed by straight north, along the 
marked Angeles National Forest border to the section 11 southeast 
corner; then
    (11) Proceed straight north along the section 11 east boundary line 
to its intersection with the 3,400-foot elevation line south of an 
unimproved road, T6N, R14W; then
    (12) Proceed generally northwest along the 3,400-foot elevation 
line through section 11, crossing onto the Del Sur map, to its 
intersection with the section 3 southeast corner, T6N, R14W; then
    (13) Proceed straight west to the section 4 southeast corner, T6N, 
R14W; then
    (14) Proceed straight north along the section 4 east boundary line 
approximately 0.05 mile to its intersection with the 3,600-foot 
elevation line, T6N, R14W; then
    (15) Proceed northwest along the 3,600-foot elevation line, through 
section 4 and crossing onto the Lake Hughes map, to its intersection 
with the Angeles National Forest border and the section 4 western 
boundary line, T6N, R14W; then
    (16) Proceed straight north along the section 4 western boundary 
line to its intersection with BM 3402, south of Andrade Corner, T7N, 
R14W; then
    (17) Proceed in a line straight northeast, crossing onto the Del 
Sur map, to its intersection with the marked 3,552-foot elevation 
point, section 33, T7N, R14W; then
    (18) Proceed in a line straight east-southeast to its intersection 
with the marked 3,581-foot elevation point, and continue in a straight 
line east-southeast to its intersection with the marked 3,637-foot 
elevation point, T6N, R14W; then
    (19) Proceed in a line straight northeast to its intersection with 
the section 2 northwest corner, T6N, R14W; then
    (20) Proceed straight east along the section 2 north boundary line 
0.35 mile to its intersection with the 3,600-foot elevation line, T6N, 
R14W; then
    (21) Proceed north and then generally southeast along the 3,600-
foot elevation line that runs parallel to and south of the Portal Ridge 
to the elevation line's intersection with the section 7 east boundary 
line, T6N, R13W; then
    (22) Proceed straight south along the section 7 east boundary line, 
crossing onto the Sleepy Valley map, to its intersection with the 
3,400-foot elevation line north of the terminus of 90th Street, T6N, 
R13W; then
    (23) Proceed generally east-southeast along the 3,400-foot 
elevation line that runs north of the San Andreas Rift Zone to its 
intersection with the section 16 east boundary line, T6N, R13W; then
    (24) Proceed straight south along the section 16 east boundary line 
to its intersection with the 3,000-foot elevation line, between Goode 
Hill Road and Elizabeth Lake Pine Canyon Road, T6N, R13W; then
    (25) Proceed generally southeast along the 3,000-foot elevation 
line, crossing onto the Ritter Ridge map, to its intersection with the 
section 23 east boundary line, north of the intermittent Amargosa Creek 
and Elizabeth Lake Pine Canyon Road, T6N, R13W; then
    (26) Proceed straight south along the section 23 east boundary 
line, returning to the beginning point.

    Signed: April 7, 2008.
John J. Manfreda,
Administrator.
    Approved: August 26, 2008.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. E8-25747 Filed 10-28-08; 8:45 am]
BILLING CODE 4810-31-P