[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Proposed Rules]
[Pages 19895-19900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08495]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2015-0007; Notice No. 151]
RIN 1513-AC17


Proposed Establishment of the Lamorinda Viticultural Area

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 (TTB) proposes to 
establish the approximately 29,369-acre ``Lamorinda'' viticultural area 
in Contra Costa County, California. The proposed viticultural area lies 
entirely within the larger San Francisco Bay viticultural area and the 
multicounty Central Coast 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 June 15, 2015.

ADDRESSES: Please send your comments on this notice to one of the 
following addresses:
     Internet: http://www.regulations.gov (via the online 
comment form for this notice as posted within Docket No. TTB-2015-0007 
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 notice for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing or view or obtain copies 
of the petition and supporting materials.

FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G St. 
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 
December 10, 2013, 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) authorizes TTB to 
establish definitive viticultural areas and regulate 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 the 
wine's 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 
the 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;
     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.

Lamorinda Petition

    TTB received a petition from Patrick L. Shabram, on behalf of the 
Lamorinda Wine Growers Association, proposing the establishment of the 
``Lamorinda'' AVA. The proposed Lamorinda AVA is located in Contra 
Costa County, California, and contains the cities of Lafayette, Moraga, 
and Orinda. The

[[Page 19896]]

proposed viticultural area lies in the northeast portion of the San 
Francisco Bay AVA (27 CFR 9.157) and also within the larger, 
multicounty Central Coast AVA (27 CFR 9.75).
    The proposed AVA contains approximately 29,369 acres and has 46 
commercially producing vineyards that cover approximately 139 acres. 
The petition states that the individual vineyards are small, each 
covering less than 5 acres, due to the hilly terrain and the largely 
suburban nature of the region. However, three much larger commercial 
vineyards covering a total of 130 acres are either in the early 
development or public review stages. There also are six bonded wineries 
currently within the proposed AVA. According to the petition, the 
distinguishing features of the proposed Lamorinda AVA include its 
topography, soils, geology, and climate. Unless otherwise noted, all 
information and data pertaining to the proposed viticultural area 
contained in this document are from the petition for the proposed 
Lamorinda AVA and its supporting exhibits, which may be viewed in 
Docket No. TTB-2015-0007 at Regulations.gov.

Name Evidence

    The proposed Lamorinda AVA takes its name from a commonly used 
portmanteau derived from the names of the three cities within the 
region: Lafayette (``La''), Moraga (``mor''), and Orinda (``inda''). As 
evidence of the use of the name ``Lamorinda'' in this region, the 
petition included a Rand McNally map of the region titled 
``Lamorinda.'' The petition also included a listing of publications, 
sports clubs, businesses, and organizations within the proposed AVA 
that use the name ``Lamorinda.'' For example, a biweekly newspaper 
entitled Lamorinda Weekly and a Web site known as Lamorinda Web both 
provide news and information about the community. The Lamorinda Soccer 
Club, the Lamorinda Baseball Club, and the Lamorinda Rugby Football 
Club are all youth sports organizations in the region. A local 
transportation service known as the Lamorinda Spirit Van provides 
transportation for the elderly and individuals with disabilities within 
the region of the proposed AVA. Other businesses and organizations 
cited in the petition include Lamorinda Moms, Lamorinda Democratic 
Club, Lamorinda Sunrise Rotary, Lamorinda Music, Lamorinda Pediatrics, 
Lamorinda Theatre Academy, and Lamorinda Solar.

Boundary Evidence

    The proposed Lamorinda AVA is comprised of hilly-to-mountainous 
terrain and occupies an area described in the petition as suburban. 
Elevations range from approximately 220 feet along Las Trampas Creek, 
which runs through the city of Lafayette in the eastern portion of the 
proposed AVA, to a 2,024-foot peak on Rocky Ridge in the southeastern 
corner of the proposed AVA.
    The eastern boundary of the proposed Lamorinda AVA follows a series 
of straight lines drawn along the ridgeline that separates the city of 
Walnut Creek, which lies just outside the boundary, from the city of 
Lafayette. The proposed eastern boundary also separates the hilly 
terrain of the proposed AVA from the flatter, lower elevations of the 
Ygnacio Valley and the San Ramon Valley. The proposed southern boundary 
follows a series of straight lines drawn between peaks to separate the 
proposed AVA from the more rugged, mountainous terrain to the south. 
The proposed western boundary follows a series of lines drawn between 
mountain peaks to follow the Gudde Ridge, which separates the proposed 
AVA from the Berkeley Hills and Oakland Highlands, both of which lie 
west of the proposed AVA. West of the Berkeley Hills and Oakland 
Highlands, the land slopes sharply towards the flatter, lower terrain 
surrounding San Leandro Bay and San Francisco Bay. The proposed 
northern boundary follows a portion of the corporate boundary line of 
the city of Orinda and a series of straight lines drawn between unnamed 
peaks whose elevations are marked on the USGS maps. The proposed 
boundary separates the proposed AVA from the lower, slightly cooler 
region surrounding the Briones Reservoir, the San Pablo Reservoir, and 
Suisun Bay, which all lie just north of the proposed AVA.

Distinguishing Features

    The distinguishing features of the proposed Lamorinda AVA include 
its topography, soils, geology, and climate.
Topography
    The proposed Lamorinda AVA is characterized by hilly-to-mountainous 
terrain, with a number of moderate-to-steep slopes throughout the 
region. Valleys within the proposed AVA tend to be very narrow. The 
high ridgelines that form the northern and western boundaries of the 
proposed AVA limit the amount of cool marine air that enters the 
region, giving the proposed AVA a warmer climate than the regions to 
the north and west.
    According to the petition, the hilly terrain of the proposed AVA 
affects viticulture. All vineyards within the proposed AVA are located 
on hillsides because the valley floors are too narrow for commercial 
viticulture. Because of the steepness of the hillsides, machinery 
cannot be used safely in the vineyards. Therefore, all vineyard work, 
including harvesting, must be done by hand. The inability to use 
machinery keeps the vineyards small. The steep hillsides also promote 
airflow within the vineyards, which dries and cools the vines and 
reduces the risk of mildew. Finally, the hilly terrain is suitable for 
growing both cool- and warm-climate varietals, sometimes within the 
same vineyard. As an example of cool- and warm-climate grapes growing 
in the same vineyard, the petition cites the Captain Vineyards in 
Moraga, which grows both Pinot Noir and Cabernet Sauvignon. The 
steepness of the vineyard means vines planted on the lower portions of 
the hillsides receive less sunlight, making the temperature cool enough 
to grow cool-climate grapes such as Pinot Noir. By contrast, the 
hilltops receive more sunlight, which raises the temperature enough to 
grow warm-climate grapes such as Cabernet Sauvignon.
    The hilly-to-mountainous topography of the proposed Lamorinda AVA 
contrasts with the terrain of the surrounding regions. To the north, 
the terrain becomes flatter as the land slopes down towards Suisun Bay. 
To the immediate east of the proposed AVA are the Ygnacio Valley and 
San Ramon Valley, which both have flatter terrain than the proposed 
AVA. To the immediate south of the proposed AVA, the topography is more 
mountainous and rugged than within the proposed AVA. To the west, the 
Berkeley Hills and Oakland Hills give way to the flat coastal terrain 
along San Leandro Bay and San Francisco Bay.
    In addition to having a distinctive topography, the proposed 
Lamorinda AVA also has a suburban land use pattern that is distinct 
from many other AVAs. According to the petition, 79.5 percent of the 
proposed AVA is located within the city limits of Lafayette, Moraga, 
and Orinda. However, the petition also notes that the proposed AVA has 
semi-rural characteristics, with homes on large lots and a low 
population density. As a result, property owners often have room to 
plant vineyards that are large enough to allow for commercial 
viticulture. The petition states that the areas to the immediate east 
and west of the proposed AVA are more urban than the proposed AVA, with 
higher population densities and land that is subdivided into much 
smaller lots than the land within the proposed Lamorinda AVA. 
Therefore,

[[Page 19897]]

commercial viticulture is not possible within those areas.
Soils
    According to a geological report included with the petition as 
Exhibit B, the soils of the proposed Lamorinda AVA are classified as 
mollisols and vertisols. Mollisols are soils that are high in organic 
material and calcium and are common in areas where grass is the 
predominant native vegetation. Vertisols, the predominant soils in the 
proposed AVA, have high levels of clay and are known to shrink and form 
deep cracks during dry periods. The high clay content in the soils of 
the proposed AVA is attributable to the weathering of the clay-rich 
Orinda Formation that underlies the region.
    The most prevalent soil series within the proposed AVA are Los Osos 
clay loam, Lodo clay loam, Alo clay, Sehorn clay, and Altamont-Fontana 
Complex. Clay-rich soils such as these typically have high water-
holding capacities, which can reduce the sugar content of the grapes 
and increase the risk of diseases and rot in vineyards. However, the 
soils of the proposed Lamorinda AVA have lower than expected water-
holding capacities because the thinness of the soils, the steepness of 
the terrain, and the presence of sand in the soils all allow for the 
rapid runoff of excess water. The thinness of the soils also has the 
added effect of preventing the vines from growing too vigorously.
    The soils of the proposed Lamorinda AVA are distinctive from the 
soils in the surrounding regions. The soils to the west, south, and 
southeast of the proposed AVA are formed from a combination of 
sedimentary and volcanic materials. To the north of the proposed 
Lamorinda AVA, the soils along the Suisun Bay are fine-grained bay mud, 
which is unsuitable for viticulture due to its high water-holding 
capacity. To the east in the Ygnacio Valley, the soils are deeper, 
coarser alluvial deposits.
Geology
    The dominant geological formation of the proposed AVA is the Orinda 
Formation. Other major geological formations within the proposed AVA 
include the Briones Formation and the Mulholland Formation. All three 
of these underlying geological formations contain large amounts of 
sedimentary rocks, including sandstone. Other sedimentary rocks present 
within these formations include shale, which is common in the 
Mulholland Formation, and claystone casts, which are present in large 
numbers in the Orinda Formation.
    The proposed Lamorinda AVA is bordered by two major faults. The 
Hayward Fault lies to the west of the proposed AVA and passes through 
the cities of Oakland and Berkeley. The Calaveras Fault runs east of 
the proposed AVA and through the city of Walnut Creek. The two faults 
angle toward each other and merge south of the proposed AVA. Millions 
of years ago, seismic activity in the Hayward Fault led to the 
uplifting of the Berkeley Hills and the formation of a restricted 
marine basin in the region of the proposed AVA. A restricted marine 
basin is a body of saltwater or brackish water that has more water 
flowing into the basin than out of it, due to the surrounding 
topography. Fine materials weathering from the Berkeley Hills, to the 
west, and the foothills of Mount Diablo, to the southeast, settled in 
this basin and led to the creation of the Orinda Formation. Eventually, 
the basin was completely restricted and became a shallow lake. The 
deposition of weathered material into this shallow lake created the 
Mulholland Formation. Over time, seismic activity along the Hayward 
Fault and the Calaveras Fault uplifted the bottom of the shallow lake, 
draining the lake and forming the hilly terrain that is characteristic 
of the proposed Lamorinda AVA.
    To the east of the proposed Lamorinda AVA, the dominant geological 
formation is the Tassajara-Green Valley Formation, which consists of 
mudstone, sandstone, and small amounts of volcanic material. To the 
south of the proposed AVA, the Orinda, Briones, and Mulholland 
Formations continue to dominate, eventually giving way to the Forearc 
Assemblage. To the west, the dominant geologic formations are the 
Forearc Assemblage, the Franciscan Formation, and the Great Valley 
Ophiolite, along with the Moraga Formation and Siesta Formation. To the 
north, the Briones and Monterey Formations dominate and eventually give 
way to Forearc Assemblage.
    The geology of the proposed Lamorinda AVA affects viticulture 
indirectly through its role in forming the terrain and soils of the 
region. Erosion of the Orinda Formation led to the formation of the 
proposed AVA's clay-rich soils with high water-holding capacities. The 
uplifting of the floor of the ancient lake created the steep, hilly 
terrain of the proposed AVA. The steepness of the hills provides good 
drainage and limits the depth of the soils, both of which help mitigate 
the high water-holding capacity of the soils in the proposed AVA. 
Finally, the hills of the proposed AVA allow for good airflow in 
vineyards and provide a variety of slope aspects that are suitable for 
growing a wide variety of grapes.
Climate
    Ridgelines shelter the proposed Lamorinda AVA from much of the 
diurnal fog and cool marine air moving inland from San Francisco Bay, 
San Pablo Bay, and Suisun Bay. While some marine air enters the 
proposed AVA through narrow creek valleys and wind gaps, the region is 
less exposed to the cool air as the regions along the bays. 
Additionally, the small amount of daytime fog that enters the proposed 
AVA is thin and burns off quickly, unlike the heavier, longer-lasting 
fog of the coastal areas. As a result, the proposed AVA receives more 
sunlight and has generally warmer temperatures than the surrounding 
regions, except for the regions farther inland, which receive very 
little, if any, marine air and fog. The proposed AVA does receive some 
nocturnal fog, although the petition states that nocturnal fog has a 
different effect on temperatures than diurnal fog. Diurnal fog usually 
lowers daytime temperatures by blocking the sunlight. By contrast, 
nocturnal fog has a modest warming effect on nighttime temperatures. 
When the heat that has been absorbed by soil during the day is released 
back into the air at night, nocturnal fog acts as a blanket, trapping 
the heat closer to the ground and preventing it from dissipating.
    The petition included annual growing degree day (GDD) \1\ data from 
eight weather stations within and around the proposed Lamorinda AVA. 
The data from all eight stations is contained in Exhibit C of the 
petition. Of the four stations that had complete data from 2007 to 
2011, the data showed that the proposed AVA had the highest GDD 
accumulations over that period, which substantiates the petition's 
claim that the proposed AVA is sheltered from cooling marine air and 
diurnal fog more so than surrounding areas. The following table from 
the petition summarizes the GDD data from the four stations that had 
complete data from 2007 to 2011.
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    \1\ In the Winkler climate classification system, annual heat 
accumulation during the growing season, measured in annual 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.

[[Page 19898]]



                                    Annual Growing Degree Data From 2007-2011
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                                       Lafayette       Oakland Foothills
                                     Reservoir \2\        \3\ (South-         Concord \4\       Pleasanton \5\
              Year                 (within proposed      southwest of        (Northwest of       (Southeast of
                                         AVA)            proposed AVA)       proposed AVA)       proposed AVA)
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2007............................               2,928               2,187               3,024               2,863
2008............................               3,325               2,479               3,209               3,068
2009............................               3,215               2,367               3,068               3,090
2010............................               2,816               2,103               2,664               2,599
2011............................               2,995               2,173               2,778               2,842
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    The data from the remaining four weather stations \6\ outside the 
proposed AVA was incomplete for the years between 2007 and 2011. 
However, the data that was provided also shows that the proposed AVA 
had higher GDD accumulations than three of those stations. The fourth 
station, located in Brentwood, California, which is to the east of the 
proposed AVA, had higher GDD accumulations than the proposed AVA. This 
further substantiates the petition's claim that areas outside of the 
proposed AVA, such as Brentwood and other areas located much farther 
inland, differ in that they receive less marine air and fog than the 
proposed AVA.
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    \2\ Data from the East Bay Municipal Utility District (EBMUD) 
station located at the reservoir.
    \3\ Data from the California Irrigation Management Information 
System (CIMIS) station #147 (``Oakland Foothills'') on the campus of 
Mills College in Oakland, CA.
    \4\ Data from the CIMIS station #170 (``Concord'') on the Diablo 
Creek Golf Course in Concord, CA.
    \5\ Data from the CIMIS station #191 (``Pleasanton'') located in 
Alameda County, CA.
    \6\ EBMUD station at San Pablo Reservoir (north-northwest of 
proposed AVA), EBMUD station at Briones Reservoir (north of proposed 
AVA), EBMUD station at Upper San Leandro Reservoir (south of 
proposed AVA), and CMIS station #47 (``Brentwood'') in Brentwood 
(east of proposed AVA).
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    The warm temperatures, high GDD accumulations, and lack of diurnal 
fog in the proposed Lamorinda AVA have an effect on viticulture. 
Slower-maturing varieties of grapes have ample time to ripen because 
the warm temperatures and plentiful sunlight allow for long days of 
photosynthesis. By contrast, slower-maturing varieties of grapes are 
less likely to ripen successfully in the cooler, foggier regions to the 
north, south, and west of the proposed AVA because lower temperatures 
and lower levels of sunlight interrupt photosynthesis.
Summary of Distinguishing Features
    In summary, the evidence provided in the petition indicates that 
the geographic features of the proposed Lamorinda AVA are 
distinguishable from those of the surrounding regions. The terrain of 
the proposed AVA is moderate-to-steep hills, which contrasts with the 
steeper, more rugged terrain to the south and west and the lower, 
flatter plains to the north and east. The soils of the proposed AVA are 
high in clay, whereas volcanic materials are present in the soils to 
the south and west and alluvial deposits are prominent to the north and 
east. The dominant geological formation of the proposed Lamorinda AVA 
is the Orinda Formation, whereas the Tassajara-Green Valley Formation 
is prominent to the east and the Forearc Assemblage dominates the 
regions to the north, west, and south. Finally, the surrounding regions 
are more exposed to marine air and fog and have lower GDD accumulations 
than the proposed AVA.

Comparison of the Proposed Lamorinda Viticultural Area to the Existing 
San Francisco Bay and Central Coast AVAs

San Francisco Bay AVA
    The San Francisco Bay AVA was established by T.D. ATF-407, which 
was published in the Federal Register on January 20, 1999 (64 FR 3024). 
According to T.D. ATF-407, the San Francisco Bay AVA is distinguished 
by a climate that is heavily influenced by marine air and fog from San 
Francisco Bay and the Pacific Ocean. The presence of stream valleys and 
wind gaps in the region allows limited amounts of marine air and fog to 
travel beyond the coastal mountains and into the interior regions of 
the AVA. However, as one travels easterly from the coastline, the 
climate generally becomes drier and warmer as the marine influence 
diminishes.
    The proposed Lamorinda AVA is located in the eastern portion of the 
San Francisco Bay AVA and shares some broad characteristics of the 
larger San Francisco Bay AVA. While the proposed Lamorinda AVA receives 
some marine air that enters the region through stream valleys and wind 
gaps, much of the cooling air is blocked by the higher elevations that 
surround the proposed AVA to the north, west, and south. The proposed 
AVA also experiences some light nocturnal marine fog, but the heavy 
diurnal fog that characterizes the more coastal portions of the San 
Francisco Bay AVA seldom occurs.
Central Coast AVA
    The large, 1 million-acre Central Coast AVA was established by T.D. 
ATF-216, which was published in the Federal Register on October 24, 
1985 (50 FR 43128). The Central Coast viticultural area encompasses the 
California counties of Alameda, Contra Costa, Monterey, San Benito, San 
Francisco, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, and 
Santa Cruz, and it contains 28 established AVAs. T.D. ATF-216 describes 
the Central Coast viticultural area as extending from Santa Barbara to 
the San Francisco Bay area, and east to the California Coastal Ranges. 
The only distinguishing feature of the California Coast AVA addressed 
in T.D. ATF-216 is that all of the included counties experience marine 
climate influence due to their proximity to the Pacific Ocean.
    The proposed Lamorinda AVA is located within the Central Coast AVA 
and, like the larger AVA, experiences mild marine breezes and nocturnal 
marine fog. However, due to its much smaller size, the proposed AVA has 
greater uniformity in geographical features such as topography, 
temperature, and soils, than the larger, multicounty Central Coast AVA.

TTB Determination

    TTB concludes that the petition to establish the approximately 
29,369-acre Lamorinda AVA merits consideration and public comment, as 
invited in this notice of proposed rulemaking.

Boundary Description

    See the narrative description of the boundary of the petitioned-for 
viticultural area 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.

[[Page 19899]]

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. For a wine to be labeled with an AVA name or with a 
brand name that includes 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 Sec.  
4.25(e)(3) of the TTB regulations (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 
or other viticulturally significant term that was used as a brand name 
on a label approved before July 7, 1986. See Sec.  4.39(i)(2) of the 
TTB regulations (27 CFR 4.39(i)(2)) for details.
    If TTB establishes this proposed AVA, its name, ``Lamorinda,'' will 
be recognized as a name of viticultural significance under Sec.  
4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The text of the 
proposed regulation clarifies this point. Consequently, wine bottlers 
using the name ``Lamorinda'' 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 as an appellation of 
origin if this proposed rule is adopted as a final rule.
    The approval of the proposed Lamorinda AVA would not affect any 
existing viticultural area, and any bottlers using ``San Francisco 
Bay'' or ``Central Coast'' as an appellation of origin or in a brand 
name for wines made from grapes grown within the San Francisco Bay or 
Central Coast AVAs would not be affected by the establishment of this 
new AVA. The establishment of the proposed Lamorinda AVA would allow 
vintners to use ``Lamorinda,'' ``San Francisco Bay,'' and ``Central 
Coast'' as appellations of origin for wines made from grapes grown 
within the proposed Lamorinda AVA, if the wines meet the eligibility 
requirements for the appellation.

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. In addition, given the proposed Lamorinda 
AVA's location within the existing San Francisco Bay and Central Coast 
AVAs, TTB is interested in comments on whether the evidence submitted 
in the petition regarding the distinguishing features of the proposed 
AVA sufficiently differentiates it from the existing San Francisco Bay 
and Central Coast AVAs. TTB also is interested in comments whether the 
geographic features of the proposed AVA are so distinguishable from the 
surrounding San Francisco Bay and Central Coast AVAs that the proposed 
Lamorinda AVA should no longer be part of those AVAs. Please provide 
any available specific information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Lamorinda AVA on wine labels that include the term 
``Lamorinda'' 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 AVA 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 also is 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 notice by using one of the 
following three methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this notice within Docket No. TTB-2015-
0007 on Regulations.gov, the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under 
Notice No. 151 on the TTB Web site at  http://www.ttb.gov/wine/wine_rulemaking.shtml">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 
notice. Your comments must reference Notice No. 151 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 state if you are commenting for 
yourself 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 notice, selected 
supporting materials, and any online or mailed comments received about 
this proposal within Docket No. TTB-2015-0007 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. 151. 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

[[Page 19900]]

any), city, and State, and, in the case of mailed comments, all address 
information, including email addresses. TTB may omit voluminous 
attachments or material that the Bureau considers unsuitable for 
posting.
    You also may view copies of this notice, 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. 
Please note that TTB is unable to provide copies of USGS maps or other 
similarly-sized documents that may be included as part of the AVA 
petition. 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 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

    It has been determined that 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 notice of proposed rulemaking.

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.  Lamorinda.

    (a) Name. The name of the viticultural area described in this 
section is ``Lamorinda''. For purposes of part 4 of this chapter, 
``Lamorinda'' is a term of viticultural significance.
    (b) Approved maps. The four United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Lamorinda viticultural area are titled:
    (1) Walnut Creek, CA, 1995;
    (2) Las Trampas Ridge, CA, 1995;
    (3) Oakland East, CA, 1997; and
    (4) Briones Valley, CA, 1995.
    (c) Boundary. The Lamorinda viticultural area is located in Contra 
Costa County, California. The boundary of the Lamorinda viticultural 
area is as described below:
    (1) The beginning point is on Walnut Creek map at the water tank 
(known locally as the Withers Reservoir) at the end of an unnamed 
light-duty road known locally as Kim Road, in the Ca[ntilde]ada del 
Hambre Y Las Bolsas Land Grant.
    (2) From the beginning point, proceed south-southeast in a straight 
line approximately 0.8 mile to the 833-foot peak marked ``Hump 2;'' 
then
    (3) Proceed southeast in a straight line approximately 1.7 miles to 
the marked 781-foot peak south of the shared Lafayette-Walnut Creek 
corporate boundary line and north of an unnamed light-duty road known 
locally as Peaceful Lane; then
    (4) Proceed southeast in a straight line approximately 0.3 mile to 
the marked 610-foot peak southwest of an unnamed light-duty road known 
locally as Secluded Place; then
    (5) Proceed south-southwest in a straight line approximately 1.7 
miles to an unidentified benchmark at the end of an unnamed unimproved 
road known locally as Diablo Oaks Way in section 33, T1N/R2W; then
    (6) Proceed southeast in a straight line approximately 0.5 mile, 
crossing onto the Las Trampas map, and continuing another 0.9 mile to 
the substation at the southeast corner of section 4, T1S/R2W; then
    (7) Proceed southeast in a straight line approximately 2.3 miles to 
the 1,827-foot summit of Las Trampas Peak, section 22, T1S/R2W; then
    (8) Proceed south-southeast in a straight line approximately 2.1 
miles to the 2,024-foot benchmark marked ``Rock 2'' in section 26, T1S/
R2W; then
    (9) Proceed west-southwest in a straight line approximately 2.7 
miles to the marked 1,057-foot peak in section 29, T1S/R2W; then
    (10) Proceed west-southwest in a straight line approximately 2 
miles to the intersection of the 1,000-foot elevation line with the 
Contra Costa-Alameda County line in section 31, T1S/R2W; then
    (11) Proceed northwest in a straight line approximately 0.4 mile, 
crossing onto the Oakland East map, then continuing another 0.1 mile to 
the 1,121-foot peak in section 30, T1S/R2W; then
    (12) Proceed northwest in a straight line approximately 3.6 miles 
to the 1,301-foot peak in section 15, T1S/R3W; then
    (13) Proceed northwest in a straight line approximately 1.6 miles 
to the 1,634-foot peak in section 9, T1S/R3W; then
    (14) Proceed northwest in a straight line approximately 2.2 miles 
to the communication tower on the Contra Costa-Alameda County line in 
section 5, T1S/R3W; then
    (15) Proceed north in a straight line approximately 0.1 mile, 
crossing onto the Briones Valley map, then continuing another 0.6 mile 
to the 1,905-foot summit of Vollmer Peak in the El Sobrante Land Grant; 
then
    (16) Proceed north-northeast in a straight line approximately 3 
miles, crossing over to the 1,027-foot peak in the Boca de la 
Ca[ntilde]ada del Pinole Land Grant, to the Orinda corporate boundary 
line; then
    (17) Proceed generally east along the Orinda corporate boundary 
line approximately 3.3 miles to the water tank at the 1,142-foot 
elevation in the Boca de la Ca[ntilde]ada del Pinole Land Grant; then
    (18) Proceed east-northeast in a straight line approximately 1.2 
miles to the 1,357-foot benchmark marked ``Russell'' in the Boca de la 
Ca[ntilde]ada del Pinole Land Grant; then
    (19) Proceed northwest in a straight line approximately 0.8 mile to 
the 1,405-foot peak in the Boca de la Ca[ntilde]ada del Pinole Land 
Grant; then
    (20) Proceed east-northeast in a straight line approximately 0.5 
mile, crossing onto the Walnut Creek map, then continuing another 1.1 
miles to the beginning point.

    Signed: April 7, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-08495 Filed 4-13-15; 8:45 am]
 BILLING CODE 4810-31-P