[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Proposed Rules]
[Pages 72932-72936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25271]


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

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2022-0013; Notice No. 218]
RIN 1513-AC91


Proposed Establishment of the Winters Highlands 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 7,296-acre ``Winters Highlands'' viticultural area in 
portions of Solano and Yolo Counties, in California. The proposed 
viticultural area is not within 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 January 27, 2023.

ADDRESSES: You may electronically submit comments to TTB on this 
proposal using the comment form for this document posted within Docket 
No. TTB-2022-0013 on the Regulations.gov website at https://www.regulations.gov. At the same location, you also may view copies of 
this document, the related petition and selected supporting materials, 
and any comments TTB receives on this proposal. A direct link to that 
docket is available on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking under Notice No. 218. Alternatively, you 
may submit comments via postal mail to the Director, Regulations and 
Ruling Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005. Please see the Public 
Participation section of this document for further information on the 
comments requested on this proposal and on the submission, 
confidentiality, and public disclosure of comments.

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). In addition, the Secretary of the Treasury 
has delegated certain administrative and enforcement authorities to TTB 
through Treasury Order 120-01.
    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, once approved, a name and a delineated boundary 
codified 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 allows any interested 
party to petition TTB to establish a grape-growing region as an AVA. 
Section 9.12 of the TTB regulations (27 CFR 9.12)

[[Page 72933]]

prescribes standards for petitions to establish or modify 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;
     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.

Winters Highlands Petition

    TTB received a petition from Berryessa Gap Vineyards proposing the 
establishment of the ``Winters Highlands'' AVA. The proposed Winters 
Highlands AVA is located in portions of Solano and Yolo Counties, 
California. The proposed AVA contains 7,296 acres, with 134 acres of 
planted vineyards and an additional 60 acres planned for future 
planting at the time the petition was submitted. There are also three 
wineries within the proposed AVA. Grape varietals grown in the proposed 
AVA include Petite Syrah, Tempranillo, Malbec, and Chardonnay.
    According to the petition, the distinguishing features of the 
proposed Winters Highlands AVA are its climate and soils. Unless 
otherwise noted, all information and data pertaining to the proposed 
AVA contained in this document are from the petition for the proposed 
Winters Highlands AVA and its supporting exhibits.

Name Evidence

    The petition states that the proposed Winters Highlands AVA is 
located in the easternmost foothills of the northern Coast Range, where 
the Coast Range adjoins the Sacramento Valley. The city of Winters is 
adjacent to the eastern boundary of the proposed AVA but is not located 
within the proposed AVA; however, the Winters ZIP code is used for both 
the city and the region within the proposed AVA. The Winters Community 
Center and Winters Community Library both serve the region of the 
proposed AVA, as does the Winters Unified School District and the 
Winters Parent Nursery School. Other businesses and organizations 
serving the region include the Winters Post Office, Winters Laundromat, 
Winters Theater Company, Winters Concrete, Winters Eyecare, Winters 
Healthcare, Winters Printing, and Winters Self Storage. The Winters 
Highlands subdivision lies along the western boundary of the city 
limits, and the Highlands Canal flows along the eastern boundary of the 
proposed AVA.

Boundary Evidence

    The proposed Winters Highlands AVA is a region of steep to gentle 
slopes along the eastern edge of the Coast Range and encompasses the 
alluvial deposits of Putah Creek, which flows through the southern 
portion of the proposed AVA. The proposed northern boundary follows 
Chickahominy Slough to separate the higher, rolling terrain of the 
proposed AVA from the flatter, lower terrain of the Sacramento Valley. 
The proposed eastern boundary follows the 170-foot elevation contour, 
the Highland Canal, and County Road 88 and also separates the proposed 
AVA from the Sacramento Valley floor. The proposed southern boundary 
follows a series of roads to approximate the extent of the alluvial 
deposits of Putah Creek. The proposed western boundary follows a series 
of straight lines drawn between points and separates the proposed AVA 
from the higher, steeper elevations of the Coast Range.

Distinguishing Features

    The distinguishing features of the proposed Winters Highlands AVA 
are its climate--temperature, precipitation, and relative air 
humidity--and soils.
Temperatures
    According to the petition, the location of the proposed Winters 
Highlands AVA influences its temperatures. The proposed AVA is located 
on the eastern side of the Coast Ranges, which shelter the proposed AVA 
from much of the cool air blowing eastward from the Pacific Ocean. 
However, the Berryessa Gap, a break in the Coast Ranges where Putah 
Creek flows into the manmade Lake Berryessa, does allow some cool air 
from the Pacific Ocean directly into the proposed AVA, particularly in 
the evenings. The petition states that, as a result, the proposed AVA 
tends to have cooler evenings than the more inland regions to the east 
of the proposed AVA. The petition goes on to say that the proposed AVA 
has a greater number of growing degree days (GDDs) \1\ than surrounding 
areas, with a wide difference between daily high and low temperatures, 
a set of conditions that promotes the growing of Mediterranean-type 
grapes.
---------------------------------------------------------------------------

    \1\ See Albert J. Winkler, General Viticulture (Berkeley: 
University of California Press, 1974), pages 61-64. 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 F, the 
minimum temperature required for grapevine growth. The Winkler scale 
regions are as follows: Region Ia: 1,500-2,000 GDDs; Region Ib: 
2,000-2,500 GDDs; Region II: 2,500-3,000 GDDs; Region III: 3,000-
3,500 GDDs; Region IV: 3,500-4,000 GDDs; Region V: 4,000-4,900 GDDs.
---------------------------------------------------------------------------

    The petition included GDD information for the proposed Winters 
Highlands AVA and the surrounding regions. The data is included in the 
following table.

                                   Table 1--Cumulative Growing Season GDDs \2\
----------------------------------------------------------------------------------------------------------------
    Location (direction from proposed AVA)       2012     2013     2014     2015     2016     2017     Average
----------------------------------------------------------------------------------------------------------------
Davis (east).................................    2,000    2,193    2,330    2,286    2,170    2,297        2,232
Oakville (west)..............................    1,455    1,633    1,728      N/A    1,343    1,756        1,597
Carneros (southwest).........................    1,157    1,323    1,461    1,455    1,292    1,366        1,342
Dixon (southeast)............................    1,801    1,869    1,959    1,959    1,853    1,989        1,914
Proposed Winters Highlands AVA...............    2,224    2,377    2,434    2,396    2,293    2,357        2,347
Woodland (northeast).........................    2,236    2,301    2,462    2,392    2,304    2,474        2,361
----------------------------------------------------------------------------------------------------------------


[[Page 72934]]

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

    \2\ The petition defines the growing season as April 1 through 
October 1.
---------------------------------------------------------------------------

    The data in the table indicate that the proposed Winters Highlands 
AVA has an average GDD accumulation that is greater than accumulations 
in each of the surrounding locations except the Woodland location, 
located northeast of the proposed AVA.
    The petition also discussed the average monthly minimum and maximum 
temperatures for the same locations and range of dates included in the 
GDD information section. According to the petition, regional 
differences in the average monthly maximum temperature are most 
noticeable between May and September. During those months, the average 
monthly maximum temperature in the proposed Winters Highlands AVA is 
greater than in all other regions except the Woodland region. The 
petition states that from March to September, the average monthly 
minimum temperature in the proposed AVA is similar to that of the Davis 
and Woodland locations, to the east and northeast of the proposed AVA, 
and higher than temperatures in the other surrounding locations.
    The petition states that frost-free days are the criterion for the 
length of the growing season for wine grape production regions, as 
spring frost can damage the newly-emerged shoots and fall frost can 
lead to leaf senescence and berry damage. The petition included frost-
free day data \3\ from the Western Regional Climate Center, which was 
based on the weather record of more than 60 years. The data, summarized 
in the following table, shows that the proposed Winters Highlands has 
more frost-free days than any of the other locations except the Davis 
location, to the east of the proposed AVA.
---------------------------------------------------------------------------

    \3\ The frost-free period was estimated based on the number of 
days between the last spring and first fall occurrence of 0 degrees 
C at the probability of 60 percent.

                        Table 2--Frost-Free Days
------------------------------------------------------------------------
                                                             Number of
         Location (direction from proposed AVA)             frost-free
                                                               days
------------------------------------------------------------------------
Davis (east)............................................             310
Oakville (west).........................................             150
Carneros (southwest)....................................             230
Dixon (southeast).......................................             230
Woodland (northeast)....................................             280
Proposed Winters Highlands AVA..........................             290
------------------------------------------------------------------------

Precipitation and Relative Air Humidity
    The petition included information on the average monthly 
precipitation amounts for the proposed Winters Highlands AVA and the 
surrounding locations. The data was collected from the same locations 
and during the same time period as the previously-discussed GDD and 
temperature data. The petition states that the proposed AVA and 
surrounding regions are all dry during the summer months (May to 
August), and precipitation takes place mainly during the winter months 
(January to March). From January to March, precipitation amounts in the 
proposed AVA were similar to amounts in Dixon, to the southeast of the 
proposed AVA; greater than the amounts in the regions to the southwest, 
east, and northeast; and lower than the amounts to the west. From 
September to December, the proposed AVA has similar average monthly 
precipitation as the regions to the east and southeast but is dryer 
than the regions to the west and southwest and wetter than the region 
to the northeast. According to the petition, precipitation amounts 
influence the amount of water retained in the soil and vineyard 
irrigation decisions during the growing season.
    The petition also included average relative air humidity for the 
same locations and time period as used in the precipitation data. The 
data suggests that the proposed AVA has lower humidity than all the 
surrounding regions throughout the year, with the exception of October 
and November, when the humidity in the proposed AVA rises slightly and 
becomes similar to that of the region to the northeast. According to 
the petition, air humidity during the growing season has a profound 
influence on pest and disease control in vineyards.
Soils
    The petition states that soils are important to viticulture because 
the soil profile can play a significant role in vine growth, fruit 
composition, and wine characteristics. The soils within the proposed 
Winters Highlands AVA are dominated by fine clay or loamy alfisols and 
inceptisols with gentle to steep slopes. All the soils are in the 
thermic soil temperature regime, meaning the mean annual soil 
temperature is between 15 and 22 degrees C. The soils are also 
described as belonging to the xeric soil moisture regime, meaning they 
are warm and rather dry in the summer and cool and wet in the winter. 
Soils within the proposed AVA are mostly well or moderately well 
drained, which is critical for root growth and respiration.
    The petition also states that soils within the proposed Winters 
Highlands AVA generally have a lower soil pH due to the low levels of 
precipitation the area receives. The petition claims that soils in 
wetter regions, such as the regions west of the proposed AVA, are 
subject to a greater level of cation leaching, which can increase the 
pH of soils and lead to a difference in available soil nutrients. As a 
result, different fertilization and irrigation practices may be 
necessary in vineyards with high pH soils.
    The petition states that although the soil texture and temperature 
and moisture regimes of the soils within the proposed Winters Highlands 
AVA are similar, the parent materials of the soils differ. The proposed 
AVA is located in an area where two geomorphic provinces, the Central 
Valley and the Coast Range, meet. The Central Valley is an alluvial 
plain with continuous deposits. The northern Coast Range is dominated 
by Franciscan rock (composed of sedimentary rock mixed with igneous 
rock) and metamorphic rock. As a result, soils closer to the Central 
Valley, such as the Yolo and Sycamore series found in the northeastern 
portion of the proposed AVA, are very deep and derived from mixed 
sources on the alluvial fan. Soils closer to the Coast Range, such as 
the Balcom and Diablo soils found in the western and southeastern 
portions of the proposed AVA, are relatively shallow and formed on the 
terraces from sedimentary rocks.
    To the north and south of the proposed AVA, the soils have a 
similar profile to those of the proposed AVA. However, the petition 
states that soils with poor or somewhat poor drainage, such as the 
Clear Lake series, are more prevalent in the region to the north, and 
soils derived from sedimentary rocks, rather than alluvium, are more 
common in the region to the south. To the east and southeast of the 
proposed AVA, the soils are dominated by clay, loamy clay, and loam 
soils formed from the alluvium of mixed sources on nearly-level to 
gentle slopes. To the southwest of the proposed AVA, soils are mainly 
loamy clay mollisols, vertisols, ultisols, and alfisols on alluvial 
fans and terraces.

Summary of Distinguishing Features

    The following table shows the characteristics of the proposed AVA 
compared to the features of surrounding regions.

[[Page 72935]]



                            Table 3--Features of Proposed AVA and Surrounding Regions
----------------------------------------------------------------------------------------------------------------
                                                                        Features
          Region (location)           --------------------------------------------------------------------------
                                             Temperatures        Precipitation/humidity           Soils
----------------------------------------------------------------------------------------------------------------
Proposed Winters Highlands AVA.......  Affected by some         Very low year-round      Fine clay or loamy
                                        Pacific air entering     humidity; little         alfisols and
                                        through the Berryessa    precipitation in         inceptisols with
                                        Gap; annual average of   summer; most rainfall    gentle to steep
                                        2,347 GDDs; warm         occurs in fall and       slopes; thermic soil
                                        summer and relatively    winter.                  temperature regime;
                                        warm winter                                       xeric soil moisture
                                        temperatures; average                             regime; parent
                                        frost-free period is                              materials primarily
                                        290 days.                                         alluvial plains or
                                                                                          Franciscan and
                                                                                          metamorphic rock.
East (Davis).........................  Annual average of 2,232  Higher relative air      Clay, loamy clay, or
                                        GDDs; average frost-     humidity; lower          loams; formed from
                                        free period is 310       January to March         alluvium of mixed
                                        days; lower average      precipitation amounts;   sources; nearly-level
                                        monthly maximum          similar September to     to gentle slopes.
                                        temperature from May     December precipitation
                                        to September; similar    amounts.
                                        average monthly
                                        minimum temperatures
                                        from March to
                                        September.
West (Oakville)......................  Annual average of 1,597  Higher relative air      Soils have higher pH
                                        GDDs; average frost-     humidity; higher year-   levels.
                                        free period is 150       round precipitation
                                        days; lower average      amounts.
                                        monthly maximum
                                        temperature from May
                                        to September; lower
                                        average monthly
                                        minimum temperature
                                        from March to
                                        September.
Southwest (Carneros).................  Annual average of 1,342  Lower January to March   Loamy or clay
                                        GDDs; average frost-     precipitation amounts;   mollisols, vertisols,
                                        free period is 230       higher September to      ultisols, and alfisols
                                        days; lower average      December precipitation   on alluvial fans and
                                        maximum temperature      amounts; higher year-    terraces.
                                        from May to September;   round relative air
                                        lower average monthly    humidity.
                                        minimum temperature
                                        from March to
                                        September.
Southeast (Dixon)....................  Annual average of 1,914  Similar year-round       Clay, loamy clay, or
                                        GDDs; average frost-     precipitation amounts;   loams; formed from
                                        free period is 230       higher year-round        alluvium of mixed
                                        days; lower average      relative humidity.       sources; nearly-level
                                        monthly maximum                                   to gentle slopes.
                                        temperature from May
                                        to September; lower
                                        average monthly
                                        minimum temperature
                                        from March to
                                        September.
North and Northeast..................  Annual average of 2,361  Lower year-round         Similar soil profile to
                                        GDDs (northeast);        precipitation amounts    that of the proposed
                                        average frost-free       (northeast); higher      AVA, but soils with
                                        period is 280 days       relative air humidity,   poor or somewhat poor
                                        (northeast); higher      except similar to        drainage are more
                                        average monthly          proposed AVA in          common (north).
                                        maximum temperatures     October and November
                                        from May to September    (northeast).
                                        (northeast); similar
                                        average monthly
                                        minimum temperatures
                                        from March to
                                        September (northeast).
----------------------------------------------------------------------------------------------------------------

TTB Determination

    TTB concludes that the petition to establish the proposed Winters 
Highlands 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 
AVA in the proposed regulatory text published at the end of this 
proposed rule.

Maps

    The petitioner provided the required maps, and TTB lists them below 
in the proposed regulatory text. You may also view the proposed Winters 
Highlands AVA boundary on the AVA Map Explorer on the TTB website, at 
https://www.ttb.gov/wine/ava-map-explorer.

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, 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 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, ``Winters 
Highlands,'' 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 ``Winters Highlands'' 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 if TTB adopts this proposed 
rule as a final rule.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether it should establish the proposed Winters Highlands AVA. TTB is 
also interested in receiving comments on the sufficiency and accuracy 
of required information submitted in support of the petition. Please 
provide specific information in support of your comments.

[[Page 72936]]

    Because of the potential impact of the establishment of the 
proposed Winters Highlands AVA on wine labels that include the term 
``Winters Highlands'' 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 is also 
interested in receiving suggestions for ways to avoid conflicts, for 
example, by adopting a modified or different name for the proposed AVA.

Submitting Comments

    You may submit comments on this proposal as an individual or on 
behalf of a business or other organization via the Regulations.gov 
website or via postal mail, as described in the ADDRESSES section of 
this document. Your comment must reference Notice No. 218 and must be 
submitted or postmarked by the closing date shown in the DATES section 
of this document. You may upload or include attachments with your 
comment. You also may request a public hearing on this proposal. The 
TTB Administrator reserves the right to determine whether to hold a 
public hearing.

Confidentiality and Disclosure of Comments

    All submitted comments and attachments are part of the rulemaking 
record and are subject to public disclosure. Do not enclose any 
material in your comments that you consider confidential or that is 
inappropriate for disclosure.
    TTB will post, and you may view, copies of this document, the 
related petition and selected supporting materials, and any comments 
TTB receives about this proposal within the related Regulations.gov 
docket. In general, TTB will post comments as submitted, and it will 
not redact any identifying or contact information from the body of a 
comment or attachment.
    Please contact TTB's Regulations and Rulings division by email 
using the web form available at https://www.ttb.gov/contact-rrd, or by 
telephone at 202-453-2265, if you have any questions about commenting 
on this proposal or to request copies of this document, the related 
petition and its supporting materials, or any comments received.

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.

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. Add Sec.  9.__ to read as follows:


Sec.  9.__  Winters Highlands.

    (a) Name. The name of the viticultural area described in this 
section is ``Winters Highlands''. For purposes of part 4 of this 
chapter, ``Winters Highlands'' 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 
Winters Highlands viticultural area are:
    (1) Winters, CA, 2018;
    (2) Allendale, CA, 2018;
    (3) Mount Vaca, CA, 2018; and
    (4) Monticello Dam, CA, 2018.
    (c) Boundary. The Winters Highlands viticultural area is located in 
portions of Solano and Yolo Counties, California. The boundary of the 
Winters Highlands viticultural area is as described as follows:
    (1) The boundary begins on the Winters map at the intersection of 
Putah Creek Road and Wintu Way. From the beginning point, proceed 
southeasterly along Wintu Way, crossing onto the Allendale map, to the 
terminus of Wintu Way; then
    (2) Proceed south-southwest in a straight line for 1.05 miles to 
the eastern terminus of Morse Lane; then
    (3) Proceed westerly along Morse Lane to its intersection with 
Olive School Lane; then
    (4) Proceed north-northwest in a straight line for 2.52 miles, 
crossing over the northeastern corner of the Mount Vaca map and onto 
the Monticello Dam map, to the line's intersection with Highway 128, 
approximately 2.78 miles west of the intersection of Highway 128 and 
County Road 89; then
    (5) Proceed north in a straight line to the intersection of the 
line with the Chickahominy Slough; then
    (6) Proceed east-southeast along the Chickahominy Slough, crossing 
onto the Winters map, to its intersection with the 170-foot elevation 
contour; then
    (7) Proceed south-southeasterly along the 170-foot elevation 
contour to its intersection with the Winters Canal; then
    (8) Proceed south along the Winters Canal to its intersection with 
the terminus of an unnamed local road; then
    (9) Proceed due west in a straight line to the 200-foot elevation 
contour; then
    (10) Proceed south in a straight line to the northern terminus of 
County Road 88; then
    (11) Proceed south along County Road 88 to its southern terminus 
and continue south in a straight line to Valley Oak Drive; then
    (12) Proceed southerly along Valley Oak Drive to its intersection 
with Highway 128; then
    (13) Proceed southeasterly in a straight line for 1.04 miles, 
returning to the beginning point.

    Signed: November 15, 2022.
Mary G. Ryan,
Administrator.
    Approved: November 16, 2022.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2022-25271 Filed 11-25-22; 8:45 am]
BILLING CODE 4810-31-P