[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Proposed Rules]
[Pages 2399-2404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00523]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2014-0001; Notice No. 141]
RIN 1513-AC03


Proposed Establishment of the Manton Valley Viticultural Area

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

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to 
establish the approximately 11,178-acre ``Manton Valley'' viticultural 
area in Shasta and Tehama Counties in northern California. The proposed 
viticultural area does not lie within, nor does it contain, any other 
established viticultural area. TTB designates viticultural areas to 
allow vintners to better describe the origin of their wines and to 
allow consumers to better identify wines they may purchase. TTB invites 
comments on this proposed addition to its regulations.

DATES: Comments must be received by March 17, 2014.

ADDRESSES: Please send your comments on this proposed rule to one of 
the following addresses (please note that TTB has a new address for 
comments submitted by U.S. mail):
     Internet: http://www.regulations.gov (via the online 
comment form for this proposed rule as posted within Docket No. TTB-
2014-0001 at ``Regulations.gov,'' the Federal e-rulemaking portal);
     U.S. Mail: Director, Regulations and Rulings Division, 
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, 
Washington, DC 20005; or
     Hand delivery/courier in lieu of mail: Alcohol and Tobacco 
Tax and Trade Bureau, 1310 G Street NW., Suite 200-E, Washington, DC 
20005.
    See the Public Participation section of this proposed rule for 
specific instructions and requirements for submitting comments, and for 
information on how to request a public hearing.
    You may view copies of this proposed rule, selected supporting 
materials, and any comments that TTB receives about this proposal at 
http://www.regulations.gov within Docket No. TTB-2014-0001. A link to 
that docket is posted on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 141. You also may view copies of 
this proposed rule, all related petitions, maps, or other supporting 
materials, and any comments that TTB receives about this proposal by 
appointment at the TTB Information Resource Center, 1310 G Street NW., 
Washington, DC 20005. Please call 202-453-2270 to make an appointment.

FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.

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 provides that these regulations should, 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 FAA Act 
pursuant to section 1111(d) of the Homeland Security Act of 2002, 
codified at 6 U.S.C. 531(d). The Secretary has delegated various 
authorities through Treasury Department Order 120-01 (Revised), dated 
January 21, 2003, to the TTB Administrator to perform the functions and 
duties in the administration and enforcement of this law.
    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) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved AVAs.

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 having distinguishing features as described in part 9 of 
the regulations and a name and a delineated boundary as established 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 AVAs allows vintners to 
describe more accurately the origin of their wines to consumers and 
helps consumers to identify wines they may purchase. Establishment of 
an AVA 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 (27 CFR 4.25(e)(2)) 
outlines the procedure for proposing an AVA and provides that any 
interested party may petition TTB to establish a grape-growing region 
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes 
standards for petitions for the establishment or modification of AVAs. 
Petitions to establish an AVA must include the following:
     Evidence that the area within the proposed AVA boundary is 
nationally or locally known by the AVA name specified in the petition;
     An explanation of the basis for defining the boundary of 
the proposed AVA;
     A narrative description of the features of the proposed 
AVA affecting viticulture, such as climate, geology, soils, physical 
features, and elevation, that make the proposed AVA distinctive and 
distinguish it from adjacent areas outside the proposed AVA boundary;
     A copy of the appropriate United States Geological Survey 
(USGS) map(s) showing the location of the proposed AVA, with the 
boundary of the proposed AVA clearly drawn thereon; and
     A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

Manton Valley Petition

    TTB received a petition from Mark Livingston, of Cedar Crest 
Vineyards, on behalf of Cedar Crest Vineyards and other vineyard and 
winery owners in Manton, California, proposing the establishment of the 
``Manton Valley'' AVA. The proposed AVA contains approximately 11,178 
acres, with 11

[[Page 2400]]

commercial vineyards, covering approximately 200 acres, distributed 
across the proposed AVA. The proposed AVA also has six bonded wineries. 
According to the petition, the distinguishing features of the proposed 
Manton Valley AVA include soils, topography, and climate. Unless 
otherwise noted, all information and data pertaining to the proposed 
AVA contained in this proposed rule come from the petition for the 
proposed Manton Valley AVA and its supporting exhibits.

Name Evidence

    The proposed Manton Valley AVA derives its name from the township 
of Manton, which is located within the proposed AVA and appears on the 
USGS maps included with the petition. Manton Road runs through the 
proposed AVA, and a public primary school in the community is called 
the Manton School. The Manton Fire Department serves the region within 
the proposed AVA and is shown on the USGS Manton quadrangle map.
    The petitioner chose to add the word ``valley'' to the proposed 
name in reference to the large valley in which the proposed AVA and the 
town of Manton are located. The USGS maps for the region do not 
identify the valley in which the proposed AVA is located as ``Manton 
Valley,'' but the petition included evidence that the region is known 
by that name. The official Web site for the community of Manton states 
that ``Manton Valley is nestled in the shadow of Mt. Lassen'' and 
includes a page describing the vineyards and wineries of the ``Manton 
Valley Wine Country.'' (See www.visitmantonca.com.) The Web site for 
Bailey Creek Lodge describes its location as being ``nestled in the 
quiet Manton Valley of Northern California's Shasta County.'' (See 
www.baileycreeklodge.com.) Finally, an advertisement for the Bar Z 
Ranch Bed and Breakfast in northern California describes the 
establishment as ``a quaint bed and breakfast nestled in the rolling 
hills of the Manton Valley.'' (See www.visitmantonca.com/BARZ.html.)

Boundary Evidence

    The proposed Manton Valley AVA is described in the petition as a 
valley located between the north and south forks of Battle Creek in 
Shasta and Tehama Counties, in northern California. The east-west 
oriented valley has a roughly teardrop shape, with a wide western 
border and a narrower eastern border that tapers to a point.
    The northern boundary of the proposed AVA follows a series of roads 
that separate the lower, rolling elevations of the proposed AVA from 
the higher, steeper elevations of Shingletown Ridge. The intersection 
of two roads marks the easternmost point of the boundary of the 
proposed AVA. This point also marks the narrow apex of both the valley 
and the proposed AVA and separates the gently rolling terrain of the 
proposed AVA from the steeper foothills of Mount Lassen. The southern 
boundary follows a series of roads that separate the proposed AVA from 
the lower, steeper elevations to the south. The western boundary 
follows a series of roads that separate the proposed AVA from the lower 
plateaus that dominate much of the region to the west.

Distinguishing Features

    The distinguishing features of the proposed Manton Valley AVA 
include soils, topography, and climate.
Soils
    Most of the soil within the proposed Manton Valley AVA has volcanic 
origins and is comprised of material from weathered volcanic rock, 
rhyolite, or volcanic ash. The major geologic formation beneath the 
proposed AVA is known as the Tuscan Formation, which was formed from 
basalt, basaltic andesite, and mudflows from volcanic eruptions. 
Erosion of the Tuscan Formation has contributed to the formation of 
many of the soils within the proposed AVA, such as Cohasset gravelly 
loams, Forward sandy loams, and Manton sandy loams. These three soils 
comprise approximately 73 percent of the soils found in the proposed 
Manton Valley AVA. The three soils are described as well-drained, a 
characteristic that aids in preventing mildew and rot in the vines. 
These soils also are generally shallow and nutrient-poor. Leaf canopies 
do not become overly thick and excessively shady in nutrient-poor 
soils, so the grape clusters are exposed to more sunlight and ripen 
more quickly than fruit that is shaded by the excessive canopy growth 
that nutrient-rich soils can promote. Vineyards planted in nutrient-
poor soils also yield fewer grapes than vineyards planted in more 
fertile soil. According to the petition, the vineyards within the 
proposed AVA average approximately 3 tons of grapes per acre, compared 
to a typical yield of 15 tons per acre from the more fertile soils of 
the Sacramento Valley, farther to the west and southwest.
    The soils to the north of the proposed AVA are dominated by Windy 
and McCarthy stony loams. These series are generally associated with 
conifer forests and elevations higher than those found within the 
proposed AVA.
    The soils to the east of the proposed Manton Valley AVA are 
primarily comprised of Sheld series soils, which occur on steep slopes. 
The petition notes that the shallowness, erosion potential, and 
excessive stoniness of the soils in this region categorize them as 
Class 7 soils under the Natural Resource Conservation Service land 
capability classification system, meaning they are generally unsuitable 
for agricultural purposes due to one or more deficiencies that cannot 
be overcome. As a result, most of the land in the region to the east of 
the proposed AVA is used for grazing livestock or as wildlife habitat.
    Slightly south of the proposed AVA, near Paynes Creek, the soils 
are primarily comprised of Supan and Toomes series loams. These soils 
are also classified as Class 7 soils, due to their rocky nature. Small 
pockets of alluvial soils that do support a few small vineyards are 
found along Paynes Creek and the South Fork of Battle Creek; but these 
small vineyards are the exception, and most of the soils south of the 
proposed AVA are used for grazing cattle.
    The soils to the immediate west of the proposed AVA are almost 
entirely of the Guenoc and Toomes series. These soils are very rocky, 
filled with boulders, and nutrient deficient and are generally used for 
grazing livestock, rather than agriculture. Farther to the west is the 
Sacramento River Valley, which has its northernmost end near the towns 
of Redding and Red Bluff, approximately 30-35 miles from the proposed 
AVA. In the Sacramento River Valley, the soils are derived primarily 
from deep quaternary sediments. These soils are nutrient-rich, allowing 
vineyards to produce much larger harvests than vineyards within the 
proposed AVA.
Topography
    The proposed Manton Valley AVA lies entirely within a stream-cut 
valley bordered by the two main forks of Battle Creek. Within the 
western portion of the proposed AVA, the land is relatively flat. 
Heading eastward across the proposed AVA, the land becomes 
progressively hillier. The northern and southern sides of the valley 
are marked by vertical canyons, where the forks of Battle Creek have 
carved deeply into the land. Slope angles within the proposed AVA range 
between 0 and 30 percent, according to the USDA soil survey maps 
included with the petition. The slope angles are shallow enough to 
reduce the risk of soil erosion and to allow for grape cultivation. The 
USGS maps show

[[Page 2401]]

the average elevations within the proposed AVA range from approximately 
2,000 feet to approximately 3,500 feet. According to the petition, the 
elevations within the proposed AVA provide vineyards with cooler 
temperatures than the lower elevations to the south and west of the 
proposed AVA. Additionally, vineyards within the proposed AVA are less 
subject to a risk of damaging frosts or snows than the mountains found 
in the higher elevations to the north and east.
    The proposed AVA also has numerous spring-fed streams, which supply 
water to irrigation canals, irrigation ponds, and small lakes, 
providing a reliable, year-round source of irrigation water for 
vineyards. The streams also transport nutrients and minerals from 
eroded soils into the irrigation canals and ponds and, eventually, into 
the vineyards.
    To the north of the proposed AVA is the steeper, higher terrain of 
the Shingletown Ridge. Elevations in this region range from 
approximately 2,400 feet to approximately 3,800 feet. According to the 
USDA soil survey maps, slopes in this region range between 30 and 50 
percent. The slopes are generally not suitable for viticulture due to 
their steepness, and the elevations make the ridge prone to frost and 
heavy snow.
    To the east of the proposed AVA, the terrain becomes steeper and 
higher. Slope angles in the region immediately to the east of the 
proposed AVA range from 30 to 65 percent. Elevations and steepness 
continue to increase farther to the east within Lassen Volcanic 
National Park, approximately 25 miles from the proposed AVA. Mount 
Lassen, the highest peak within the park, has an elevation of 10,457 
feet. At night during the summer, cool mountain air flows down the 
mountains of the park, providing overnight cooling to the lower 
elevations outside the park, including the proposed Manton Valley AVA.
    The region to the immediate south of the proposed AVA has lower 
elevations than the proposed AVA. Along the South Fork of Battle Creek, 
elevations range between 1,200 and 1,600 feet. Although the elevations 
are lower than within the proposed AVA, the slope angles in this region 
are steeper than the relatively gentle rolling valley of the proposed 
AVA, ranging between 30 and 50 percent, as shown on the USDA soil 
survey map.
    To the immediate west of the proposed Manton Valley AVA are large 
plateaus and elevations that are generally lower than those found 
within the proposed AVA. The USGS maps show elevations ranging from 
approximately 1,000 to 1,900 feet. Slope angles in this region are 
similar to those within the proposed AVA.
Climate
    The climate of the proposed Manton Valley AVA differs from that of 
the surrounding region in terms of growing degree days, diurnal 
temperature differential, and precipitation. Each of these climatic 
aspects has an effect on viticulture within the proposed AVA.
    The petition included information on growing degree days (GDDs) \1\ 
based on temperature readings for the period between April 1 and 
October 31 gathered from locations both within and outside of the 
proposed AVA. The data from Alger Vineyards, which is within the 
proposed AVA, was collected from 2002 to 2011. The data from the Black 
Butte weather station, to the north of the proposed AVA, is from the 
period between 2008 and 2011. The data from the weather stations in 
Manzanita Lake, to the east, from Chico, to the south, and from Redding 
and Red Bluff, to the west, was all collected between 2002 and 2011. 
The table below summarizes the data.
---------------------------------------------------------------------------

    \1\ In the Winkler climate classification system, annual heat 
accumulation during the growing season, measured in annual growing 
degree days (GDDs), defines climatic regions. One GDD accumulates 
for each degree Fahrenheit that a day's mean temperature is above 50 
degrees, the minimum temperature required for grapevine growth. See 
Albert J. Winkler, General Viticulture (Berkeley: University of 
California Press, 1974), pages 61-64.

                                         Average Annual GDD Accumulation
----------------------------------------------------------------------------------------------------------------
                                        Direction with respect     Annual growing
               Location                     to proposed AVA         degree days        Winkler  classification
----------------------------------------------------------------------------------------------------------------
Alger Vineyards......................  Within..................              3,428  Region III.
Black Butte..........................  North...................              3,400  Region III.
Manzanita Lake.......................  East....................              1,285  Region I.
Chico................................  South...................              4,200  Region V.
Redding..............................  West....................              4,651  Region V.
Red Bluff............................  West....................              4,712  Region V.
----------------------------------------------------------------------------------------------------------------

    As shown in the table, the proposed Manton Valley AVA accumulates 
significantly more GDDs than the cooler region to the east and fewer 
GDDs than the very warm regions to the south and west. Although the 
region to the north has a similar accumulation of GDDs, the petition 
notes that temperatures to the north of the proposed AVA reach 50 
degrees F earlier in the growing season and do not drop as low at 
night, allowing the GDDs to accumulate at a faster rate than within the 
proposed AVA. A faster rate of GDD accumulation enables growers in the 
vicinity of Black Butte to harvest their grapes several weeks earlier 
than growers in the proposed Manton Valley AVA.
    The GDD accumulation of the proposed Manton Valley AVA places it in 
the moderately warm Region III category, allowing growers to plant 
warmer varieties of grapes, such as Merlot, Cabernet Sauvignon, 
Zinfandel, and Viognier. As previously noted, the rate at which GDDs 
accumulate also plays a role in when grapes are ripe enough to harvest.
    The proposed Manton Valley AVA also experiences a greater 
temperature difference between daytime highs and nighttime lows 
(diurnal temperature differential) than the surrounding regions. The 
petition states that this greater diurnal temperature differential is 
due to the nighttime cold air drainage that flows from the high ridges 
of Lassen Peak, to the east of the proposed AVA, and from the slopes of 
Shingletown Ridge, to the north, into the lower elevations of the 
proposed AVA, providing overnight cooling to the vineyards in the 
proposed Manton Valley AVA. The table below summarizes the July 
temperature differentials for the proposed AVA and the surrounding 
regions. July was chosen because that month is the peak of the growing 
season.

[[Page 2402]]



              Average July Diurnal Temperature Differential
------------------------------------------------------------------------
                                       Direction with
             Location                respect to proposed   Differential
                                             AVA          (in degrees F)
------------------------------------------------------------------------
Alger Vineyards...................  Within..............            38.3
Black Butte.......................  North...............              28
Manzanita Lake....................  East................              30
Chico.............................  South...............              32
Redding...........................  West................            32.3
Red Bluff.........................  West................            32.3
------------------------------------------------------------------------

    The large drop in temperature at night within the proposed AVA 
delays fruit maturation and extends the growing season. The petition 
states that harvest within the proposed AVA begins in very late 
September or October and often continues until early December. By 
contrast, most growers in the surrounding regions begin harvesting in 
late August and early September. The petition also states that the 
delayed maturation brought about by cooler nighttime temperatures 
allows the grapes to maintain a desirable balance of sugars, pH, and 
acid. Grapes within the proposed AVA are generally harvested with sugar 
levels between 23 and 26 brix units, a pH between 3.3 and 3.6, and 
total acid between 0.6 and 0.8 percent. By contrast, fruit from warmer 
regions to the west of the proposed AVA reaches full ripeness sooner 
and typically has lower acid levels, higher pH levels, and higher 
amounts of sugar, factors which must be compensated for during the 
winemaking process.
    The amount of precipitation within the proposed Manton Valley AVA 
also differentiates it from the surrounding regions. The following 
table shows the average monthly and annual precipitation amounts for 
the proposed AVA and adjacent regions. Data was collected from weather 
stations from 2002 to 2011.

                                      Average Annual Precipitation Amounts
----------------------------------------------------------------------------------------------------------------
                                                 Location (Direction with respect to proposed AVA)
                                 -------------------------------------------------------------------------------
              Month                   Manton       Paynes Creek      Red Bluff      Shingletown   Manzanita Lake
                                     (within)         (south)         (west)          (north)          (east)
----------------------------------------------------------------------------------------------------------------
January.........................            5.47            5.62            4.45            7.7             8.3
February........................            4.83            4.29            3.75            6.31            7.02
March...........................            4.33            4.33            2.9             5.66            3.88
April...........................            2.88            3.08            1.63            3.95            3.4
May.............................            2.04            1.24            1.05            1.88            2.32
June............................            0.99            0.47            0.46            0.82            2.6
July............................            0.12            0.15            0.07            0.24            1.5
August..........................            0.27            0.32            0.14            0.72            0.9
September.......................            0.83            0.96            0.46            1.2             1.4
October.........................            2.21            2.33            1.37            3.38            3.76
November........................            4.25            4.49            2.9             6.78            3.45
December........................            5.43            5.63            4.02            7.17            6.86
                                 -------------------------------------------------------------------------------
    Average annual inches.......           33.65           32.91           23.2            45.81           42.43
----------------------------------------------------------------------------------------------------------------

    The data in the table show that the proposed Manton Valley AVA has 
higher annual precipitation levels than the region to the west and 
lower levels than the regions to the north and east. Although low 
precipitation amounts during the summer months ordinarily would pose a 
problem for viticulture, growers within the proposed AVA are not 
entirely dependent on rainfall due to the area's numerous spring-fed 
creeks and streams that supply water to irrigation ponds and canals. 
The petition also states that the end of the growing season in the 
proposed AVA is relatively dry, with low levels of humidity during the 
late summer and autumn in addition to low precipitation amounts. The 
low rainfall levels, combined with low humidity, reduce the risk of 
mildew and rot caused by wet growing conditions, particularly late in 
the growing season. As a result, growers in the proposed AVA are able 
to allow their fruit to stay on the vine longer, giving the fruit time 
to mature slowly and achieve the desired sugar, acid, and pH levels. 
The petition notes that although Red Bluff has significantly less 
rainfall than the proposed AVA, the town's location on the Sacramento 
River leads to an increase in relative humidity, so grapes cannot stay 
on the vine as long as grapes within the proposed AVA without risking 
mildew or rot.
Summary of Distinguishing Features
    In summary, the evidence provided in the petition indicates that 
the viticulturally significant geographic features of the proposed 
Manton Valley AVA distinguish it from the surrounding regions in each 
direction. To the north of the proposed AVA, the terrain is steeper and 
elevations are higher, the diurnal temperature differential is lower, 
rainfall is greater, and the soils are predominately Windy and McCarthy 
stony loams. To the east, elevations are higher and slope angles are 
greater, there are significantly fewer growing degree days, rainfall 
amounts are higher, and soils are predominately of the Sheld series, 
which are unsuitable for agriculture. To the south, elevations are 
lower, slope angles are greater, growing degree day accumulations are 
significantly higher, and the soils are of the Supan and Toomes series, 
which also are unsuitable for agriculture. The region to the west of 
the proposed AVA is characterized by lower elevations and large 
plateaus, significantly warmer temperatures, less rainfall, and soils 
of the Guenoc and Toomes series.

[[Page 2403]]

TTB Determination

    TTB concludes that the petition to establish the 11,178-acre Manton 
Valley AVA merits consideration and public comment, as invited in this 
proposed rule.

Boundary Description

    See the narrative boundary description of the petitioned-for AVA in 
the proposed regulatory text published at the end of this proposed 
rule.

Maps

    The petitioner provided the required maps, and they are listed 
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 TTB establishes this proposed AVA, its name, 
``Manton Valley,'' 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, if this proposed rule is 
adopted as a final rule, wine bottlers using the name ``Manton Valley'' 
in a brand name, including a trademark, or in another label reference 
as to the origin of the wine, would have to ensure that the product is 
eligible to use the AVA name as an appellation of origin.
    TTB does not believe that ``Manton,'' standing alone, should have 
viticultural significance if the proposed AVA is established, due to 
the widespread use of ``Manton'' as a geographical name within the 
United States. A GNIS search shows the name ``Manton'' used in 
reference to over 30 locations in 7 States outside the proposed AVA. 
Accordingly, the proposed part 9 regulatory text set forth in this 
document specifies only the full name ``Manton Valley'' as a term of 
viticultural significance for purposes of part 4 of the TTB 
regulations.
    For a wine to be labeled with an AVA name, at least 85 percent of 
the wine must be derived from grapes 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 for labeling with an AVA 
name 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 AVA 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 an AVA 
name that was used as a brand name on a label approved before July 7, 
1986. See 27 CFR 4.39(i)(2) for details.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether it should establish the proposed AVA. TTB is also interested in 
receiving comments on the sufficiency and accuracy of the name, 
boundary, soils, 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 Manton Valley AVA on wine labels that include the term 
``Manton Valley,'' as discussed above under Impact on Current Wine 
Labels, TTB is particularly interested in comments regarding whether 
there will be a conflict between the proposed area name and currently 
used brand names. If a commenter believes that a conflict will arise, 
the comment should describe the nature of that conflict, including any 
anticipated negative economic impact that approval of the proposed AVA 
will have on an existing viticultural enterprise. TTB is also 
interested in receiving suggestions for ways to avoid conflicts, for 
example, by adopting a modified or different name for the AVA.

Submitting Comments

    You may submit comments on this proposed rule by using one of the 
following three methods (please note that TTB has a new address for 
comments submitted by U.S. Mail):
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this proposed rule within Docket No. 
TTB-2014-0001 on ``Regulations.gov,'' the Federal e-rulemaking portal, 
at http://www.regulations.gov. A direct link to that docket is 
available under Notice No. 141 on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be 
attached to comments submitted via Regulations.gov. For complete 
instructions on how to use Regulations.gov, visit the site and click on 
the ``Help'' tab.
     U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
     Hand Delivery/Courier: You may hand-carry your comments or 
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau, 
1310 G Street NW., Suite 200-E, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
proposed rule. Your comments must reference Notice No. 141 and include 
your name and mailing address. Your comments also must be made in 
English, be legible, and be written in language acceptable for public 
disclosure. TTB does not acknowledge receipt of comments, and TTB 
considers all comments as originals.
    In your comment, please clearly indicate if you are commenting on 
your own behalf or on behalf of an association, business, or other 
entity. If you are commenting on behalf of an entity, your comment must 
include the entity's name as well as your name and position title. If 
you comment via Regulations.gov, please enter the entity's name in the 
``Organization'' blank of the online comment form. If you comment via 
postal mail or hand delivery/courier, please submit your entity's 
comment on letterhead.
    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 comments and attachments are part of the public 
record and subject to disclosure. Do not enclose any material in your 
comments that you consider to be confidential or inappropriate for 
public disclosure.

Public Disclosure

    TTB will post, and you may view, copies of this proposed rule, 
selected supporting materials, and any online or mailed comments 
received about this proposal within Docket No. TTB-2014-0001 on the 
Federal e-rulemaking portal, Regulations.gov, at http://www.regulations.gov. A direct link to that docket is available on the 
TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under 
Notice No. 141. You may also reach the relevant docket through the 
Regulations.gov search page at http://www.regulations.gov. For 
information on how to use Regulations.gov, click on the site's ``Help'' 
tab.
    All posted comments will display the commenter's name, organization 
(if any), city, and State, and, in the case of mailed comments, all 
address information, including email addresses. TTB may omit voluminous 
attachments

[[Page 2404]]

or material that the Bureau considers unsuitable for posting.
    You may also view copies of this proposed rule, all related 
petitions, maps and other supporting materials, and any electronic or 
mailed comments that TTB receives about this proposal by appointment at 
the TTB Information Resource Center, 1310 G Street NW., Washington, DC 
20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page. 
Contact TTB's information specialist at the above address or by 
telephone at 202-453-2270 to schedule an appointment or to request 
copies of comments or other materials.

Regulatory Flexibility Act

    TTB certifies 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 an AVA 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 of September 30, 1993. Therefore, no 
regulatory assessment is required.

Drafting Information

    Karen A. Thornton of the Regulations and Rulings Division drafted 
this proposed rule.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, TTB proposes to amend 
title 27, chapter I, part 9, Code of Federal Regulations, 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. Subpart C is amended by adding Sec.  9.--------to read as follows:


Sec.  9.  Manton Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Manton Valley''. For purposes of part 4 of this chapter, 
``Manton Valley'' is a term of viticultural significance.
    (b) Approved maps. The three United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Manton Valley viticultural area are titled:
    (1) Manton, CA, 1995;
    (2) Shingletown, CA, 1985 (provisional); and
    (3) Grays Peak, CA, 1995.
    (c) Boundary. The Manton Valley viticultural area is located in 
Shasta and Tehama Counties in northern California. The boundary of the 
Manton Valley viticultural area is as described below:
    (1) The beginning point is on the Manton map, in the community of 
Manton, at the intersection of three unnamed light-duty roads known 
locally as Manton Road, Forward Road, and Rock Creek Road, section 21, 
T30N/R1E. From the beginning point, proceed northerly, then 
northeasterly on Rock Creek Road approximately 0.8 mile to the road's 
intersection with an unnamed light-duty road known locally as Wilson 
Hill Road, section 21, T30N/R1E; then
    (2) Proceed westerly, then northerly on Wilson Hill Road, crossing 
onto the Shingletown map, then continue westerly, then northerly, then 
northeasterly on the turning Wilson Hill Road, approximately 4 miles in 
total distance, to the road's intersection with the marked power line 
in section 8, T30N/R1E; then
    (3) Proceed east-southeasterly along the marked power line, 
crossing onto the Manton map, approximately 1.1 miles to the power 
line's intersection with the Volta Powerhouse, section 16, T30N/R1E; 
then
    (4) From the Volta Powerhouse, proceed south-southeasterly 
(downstream) along an aqueduct and penstock, approximately 0.7 mile in 
total distance, to the penstock's intersection with the North Fork of 
Battle Creek, section 16, T30N/R1E; then
    (5) Proceed north-northeasterly (upstream) along the North Fork of 
Battle Creek approximately 0.3 mile to the confluence of Bailey Creek, 
section 15, T30N/R1E; then
    (6) Proceed east-northeasterly (upstream) along Bailey Creek 
approximately 2 miles to the creek's intersection with an unnamed 
light-duty road known locally as Manton Ponderosa Way, section 11; 
T30N/R1E; then
    (7) Proceed southeasterly along Manton Ponderosa Way approximately 
1.8 miles to the road's intersection with Rock Creek Road, and then 
proceed westerly on Rock Creek Road approximately 0.05 mile to the 
road's intersection with an unnamed light-duty road known locally as 
Forwards Mill Road, section 19, T30N/R2E; then
    (8) Proceed easterly along Forwards Mill Road approximately 4.5 
miles, crossing onto the Grays Peak map, to the road's intersection 
with an unnamed light-duty road known locally as Forward Road, section 
26, T30N/R2E; then
    (9) Proceed generally westerly along Forward Road approximately 4.8 
miles, crossing onto the Manton map, to the road's intersection with an 
unnamed light-duty road known locally as Ponderosa Way, section 31, 
T30N/R2E; then
    (10) Proceed southerly along Ponderosa Way approximately 1.7 miles 
to the road's intersection with an unimproved road (Pacific Gas and 
Electric service road, approximately 0.25 mile west-southwest of Bluff 
Springs), section 1, T29N/R1E; then
    (11) Proceed westerly along the unimproved road approximately 2.2 
miles to the road's intersection with the South Battle Creek Canal, 
section 3, T29N/R1E; then
    (12) Proceed generally northwesterly (downstream) along the 
meandering South Battle Creek Canal approximately 1.3 miles to the 
canal's intersection with an unimproved road known locally as South 
Powerhouse Road, section 4, T29N/R1E; then
    (13) Proceed northerly along South Powerhouse Road approximately 2 
miles to the road's intersection with an unnamed light-duty road known 
locally as Manton Road, section 21, T30N/R1E; then
    (14) Proceed easterly along Manton Road approximately 0.1 mile, 
returning to the beginning point.

    Signed: December 20, 2013.
John J. Manfreda,
Administrator.
[FR Doc. 2014-00523 Filed 1-13-14; 8:45 am]
BILLING CODE 4810-31-P?>