[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Proposed Rules]
[Pages 13072-13077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04190]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2023-0002; Notice No. 221]
RIN 1513-AC78


Proposed Establishment of the Crystal Springs of Napa Valley 
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 4,000-acre ``Crystal Springs of Napa 
Valley'' American viticultural area (AVA) in Napa County, California. 
The proposed AVA is located entirely within the existing North Coast 
AVA and also entirely within the Napa Valley AVA. TTB designates 
viticultural areas to

[[Page 13073]]

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 these proposals.

DATES: TTB must receive your comments on or before May 1, 2023.

ADDRESSES: You may electronically submit comments to TTB on this 
proposal and view copies of this document, its supporting materials, 
and any comments TTB receives on it within Docket No. TTB-2023-0002 as 
posted on Regulations.gov (https://www.regulations.gov), the Federal e-
rulemaking portal. Please see the ``Public Participation'' section of 
this document below for full details on how to comment on this proposal 
via Regulations.gov or U.S. mail, and for full details on how to obtain 
copies of this document, its supporting materials, and any comments 
related to this proposal.

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 the functions 
and duties in the administration and enforcement of these provisions to 
the TTB Administrator 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) 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 that affect 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;
     If the proposed AVA is to be established within, or 
overlapping, an existing AVA, an explanation that both identifies the 
attributes of the proposed AVA that are consistent with the existing 
AVA and explains how the proposed AVA is sufficiently distinct from the 
existing AVA and therefore appropriate for separate recognition; and
     A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

Petition To Establish the Crystal Springs of Napa Valley AVA

    TTB received a petition from Steven Burgess, president of Burgess 
Cellars, Inc., proposing to establish the ``Crystal Springs of Napa 
Valley'' AVA. Mr. Burgess submitted the petition on behalf of local 
vineyard owners and winemakers. The proposed AVA is located in Napa 
County, California, and is entirely within the existing North Coast AVA 
(27 CFR 9.30) and also entirely within the existing Napa Valley AVA (27 
CFR 9.23). Within the proposed AVA, there are approximately 30 
commercial vineyards which cover a total of approximately 230 acres. 
The distinguishing feature of the proposed Crystal Springs of Napa 
Valley AVA is its topography.

Proposed Crystal Springs of Napa Valley AVA

Name Evidence

    Although the region of the proposed Crystal Springs of Napa Valley 
is typically referred to simply as ``Crystal Springs,'' the petitioner 
added the phrase ``of Napa Valley'' to distinguish the proposed AVA 
from the numerous locations in the United States that are also known as 
``Crystal Springs.'' The proposed Crystal Springs of Napa Valley AVA 
takes its name from the many hillside springs in the region. In the 
1800's, the Crystal Springs Rural Health Retreat was built within the 
proposed AVA as a sanitarium promoting various types of water 
treatments. Today, a modern hospital sits on the former sanitarium 
site. One of the buildings on the hospital campus is called Crystal 
Springs Manor.\1\ The petition also included several additional 
examples of current use of the term ``Crystal Springs'' within the 
proposed AVA. For example, Crystal Springs Road and North Fork Crystal 
Springs Road both run through the proposed AVA. A vineyard within the 
proposed AVA is known as Crystal Springs Vineyard.\2\ An article about 
biking in the region of the proposed AVA lists the ``Silverado-Howell 
Mountain-Crystal Springs-Franz Valley-Ida Clayton'' route.\3\ A 2016 
article in the Napa Valley Register about a conflict between residents 
in the proposed AVA and the owner of a winery was titled, ``Crystal 
Springs neighbors trying to stop Woodbridge's
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    \1\ https://adventisthealth.org/documents/sthelena/SHH398ParkingMapDirections.pdf.
    \2\ https://www.vascocellars.com/crystal-springs.
    \3\ https://ridewithgps.com/routes/14490907.

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[[Page 13074]]

winery project''.\4\ Finally, a real estate video for an estate in the 
proposed AVA is titled ``North Crystal Springs Estate, Napa 
Valley''.\5\
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    \4\ https://napavalleyregister.com/community/star/news/local/business/crystal-springs-neighbors-trying-to-stop-woodbridges-winery-project/article_45268603-62c5-5ac8-b66e-ac96d837cea1.html.
    \5\ https://www.youtube.com/watch?v=mWekW4t4Ypo.
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Boundary Evidence

    The proposed Crystal Springs of Napa Valley AVA is located in the 
northern portion of Napa County along a portion of the western face of 
the Vaca Range. It borders the established Calistoga (27 CFR 9.209), 
St. Helena (27 CFR 9.149), and Howell Mountain (27 CFR 9.94) AVAs, but 
does not overlap them. The northern boundary of the proposed Crystal 
Springs of Napa Valley primarily follows the 1,400-foot elevation 
contour and separates the proposed AVA from the established Howell 
Mountain AVA. The proposed eastern boundary follows a road known 
locally as Old Howell Mountain Road, which separates the west-to-
southwest-facing slopes of the proposed AVA from slopes that have a 
more easterly-to-northeasterly exposure. The proposed southern boundary 
follows the 400-foot elevation contour to separate the proposed AVA 
from the lower elevations of the valley floor and from the established 
St. Helena AVA. The proposed western boundary primarily follows the 
880-foot elevation contour and separates the proposed AVA from the 
established Calistoga AVA.
    The petition states that, because topography is the distinguishing 
feature of the proposed AVA, the proposed Crystal Springs of Napa 
Valley AVA would include all elevations within the aforementioned 
boundary that are at or below 1,400 feet. The petition notes that there 
is a small region in the southeastern portion of the proposed AVA along 
Crestmont Drive where elevations exceed 1,400 feet. According to the 
petition, although this region is within the physical boundaries of the 
proposed AVA, it should not be considered part of the proposed AVA due 
to its higher elevations, which are more similar to those of the 
neighboring Howell Mountain AVA. The petition also states that this 
region does not currently have any vineyards and is unlikely to have 
any in the future because it is primarily a residential area with rocky 
outcroppings that are unsuitable for commercial viticulture. Because 
the petitioner was unable to draw a contiguous boundary that physically 
excludes this region, the proposed regulatory text states that any 
elevations above 1,400 feet within the boundary of the proposed AVA are 
not considered to be part of the proposed AVA.

Distinguishing Feature

    According to the petition, the distinguishing feature of the 
proposed Crystal Springs of Napa Valley AVA is its topography. The 
petition describes the proposed AVA as an ``all hillside'' region with 
no flat areas along the western face of the Vaca Range. Slopes are 
generally west-to-southwesterly facing, and slope angles range from 15 
to 40 percent. Elevations in the proposed AVA range from 400 to 1,400 
feet. According to the petition, the reason for limiting the proposed 
AVA to this range of elevations is that the 400-foot contour generally 
marks the transition point between the foothills of the Vaca Range and 
the floor of the Napa Valley. Additionally, the 1,400-foot contour 
along the northern boundary of the proposed AVA coincides with the 
southern boundary of the established Howell Mountain AVA.
    To the north of the proposed AVA, the elevations rise up to 2,200 
feet within the established Howell Mountain AVA, according to T.D. ATF-
163, which established the AVA. The topography of the Howell Mountain 
AVA contains hillsides, like the proposed Crystal Springs of Napa 
Valley AVA, but also has a rolling, plateau-like feature at the summit. 
The region to the east of the proposed AVA has elevation similar to 
those of the proposed AVA, but the slopes have a more easterly-to-
northeasterly exposure. South and west of the proposed AVA are the 
established St. Helena and Calistoga AVAs, which have lower elevations 
and include the flat lands along the floor of the Napa Valley. The 
petition describes slope angles within the established St. Helena AVA 
as mostly less than 5 percent, while the established Calistoga AVA is 
described as having ``a multitude of * * * slopes, from steep mountains 
to benchlands to fans, to flat valley floors to riparian habitats.''
    According to the petition, the topography of the proposed Crystal 
Springs of Napa Valley AVA has a major effect on viticulture. For 
instance, the western and southwestern aspects of the slopes within the 
proposed AVA receive larger amounts of solar radiation than slopes with 
northern or eastern aspects, allowing grapes to mature easily each 
growing season. Additionally, the petition states that the soils within 
the proposed AVA are shallower than the soils in the neighboring 
valleys because natural weathering processes have moved the soils 
downhill and into the valleys. However, the petition states that the 
most significant effect of topography is on the climate of the proposed 
AVA.
    The petition states that the topography of the proposed AVA 
contributes to a frost-free and reliable growing period for grapes 
grown in the proposed AVA. First, the petition notes that cold air does 
not remain on the hillsides of the proposed AVA. Instead, cold air 
flows downhill and pools in the lower elevations of the floor of the 
Napa Valley, including the neighboring St. Helena and Calistoga AVAs, 
making frost more common in those regions. The petition states that due 
to the threat of frost on the valley floor, vineyards within the 
established Calistoga and Saint Helena AVAs require frost protection 
measures such as orchard fans, heaters, sprinklers, or misters. By 
contrast, vineyards in the proposed Crystal Springs of Napa Valley AVA 
do not require frost protection.
    Additionally, because elevations within the proposed AVA are below 
1,400 feet, the region is not as susceptible to frost caused by 
adiabatic cooling, also known as elevation cooling. According to the 
petition, adiabatic cooling can lower temperatures by 3 to 6 degrees 
per 1,000 feet of elevation. As a result, higher elevations such as the 
adjacent Howell Mountain AVA are at a higher risk for damaging frosts. 
In fact, the petition notes that the use of frost protection measures 
in vineyards within the Howell Mountain AVA commonly continues into 
June. By contrast, the proposed Crystal Springs of Napa Valley AVA does 
not have frost concerns during the bud break period.

Summary of Distinguishing Features

    The following table summarizes the topographical differences 
between the proposed Crystal Springs of Napa Valley AVA and the 
surrounding regions.

[[Page 13075]]



      Topographic Features of Proposed AVA and Surrounding Regions
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              Region                        Topographic features
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Proposed Crystal Springs of Napa    Located on hillsides with no flat
 Valley AVA.                         areas; elevations between 400 and
                                     1,400 feet; west-to-southwest slope
                                     aspects; slope angles between 15
                                     and 40 percent.
Howell Mountain AVA (North).......  Elevations between 1,400 and 2,200
                                     feet; rolling, plateau-like
                                     topography at summit.
St. Helena and Calistoga AVAs       Both AVAs include elevations below
 (South and West).                   400 feet along the floor of the
                                     Napa Valley; slope angles in St.
                                     Helena AVA are mostly less than 5
                                     degrees; Calistoga AVA has a
                                     variety of slope angles, including
                                     flat valley floors.
East..............................  Similar elevations to proposed AVA,
                                     but slopes have easterly-to-
                                     northeasterly slope aspects.
------------------------------------------------------------------------

Comparison of the Proposed Crystal Springs of Napa Valley AVA to the 
Existing North Coast AVA

    The North Coast AVA was established by T.D. ATF-145, published in 
the Federal Register on September 21, 1983 (48 FR 42973). The primary 
distinguishing feature of the North Coast AVA is its climate, which is 
``influenced by intrusions of cooler, damper marine air and fog.'' The 
North Coast AVA includes four Winkler Regions of cumulative heat units: 
Regions I through IV.\6\ T.D. ATF-145 describes the topography of the 
North Coast AVA as ``flat valleys and tillable hillsides surrounded by 
mountains.'' According to the proposed Crystal Springs of Napa Valley 
petition, elevations within the North Coast AVA range from sea level to 
over 4,000 feet.
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    \6\ 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.
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    The proposed Crystal Springs of Napa Valley AVA shares some of the 
general viticultural features of the larger North Coast AVA. For 
instance, the proposed AVA has a topography of hillsides, similar to 
other regions within the North Coast AVA. The proposed AVA has a 
marine-influenced climate that is classified as low Region IV, which is 
within the range of the North Coast AVA. However, due to its much 
smaller size, the proposed AVA lacks the variety of topographic 
features and climate regions of the larger, multi-county North Coast 
AVA. For example, the proposed AVA is a hillside-only region and lacks 
the flat valleys that are found within the North Coast AVA. 
Additionally, the proposed AVA lacks the cooler Winkler regions found 
elsewhere in the North Coast AVA.

Comparison of the Proposed Crystal Springs of Napa Valley AVA to the 
Existing Napa Valley AVA

    The Napa Valley AVA was established by T.D. ATF-79, published in 
the Federal Register on January 28, 1981 (46 FR 9061). According to the 
proposed Crystal Springs of Napa Valley AVA petition, the established 
Napa Valley AVA is a geographically diverse region which includes 
alluvial fans, riparian habitat, hillsides, and high mountains. 
Elevations range from below 400 feet to over 4,000 feet within the Napa 
Valley AVA. The established AVA also has a marine-influenced climate 
that includes three Winkler Regions: Regions II, III, and IV.
    The proposed Crystal Springs of Napa Valley AVA shares some of the 
general viticultural features of the Napa Valley AVA. For instance, the 
proposed AVA also has a marine-influenced climate and hillside 
topography. However, due to its smaller size, the proposed AVA has a 
more uniform topography, lacking the alluvial fans, riparian habitats, 
and high mountain peaks of the larger Napa Valley AVA. Additionally, 
the proposed AVA lacks the cooler Winkler Regions II and III.

TTB Determination

    TTB concludes that the petition to establish the approximately 
4,000-acre ``Crystal Springs of Napa Valley'' AVA merits consideration 
and public comment, as invited in this document.

Boundary Description

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

Maps

    The petitioner provided the required maps, and they are listed 
below in the proposed regulatory text. You may also view the proposed 
Crystal Springs of Napa Valley 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 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 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.
    If TTB establishes this proposed AVA, its name, ``Crystal Springs 
of Napa Valley,'' 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 ``Crystal Springs of Napa 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 viticultural area's name ``Crystal Springs of Napa 
Valley.'' TTB is not proposing to make ``Crystal Springs,'' standing 
alone, a term of viticultural significance due to the number of 
locations in the United States and elsewhere that are known as 
``Crystal Springs.''
    The approval of the proposed Crystal Springs of Napa Valley AVA 
would not affect any existing AVA, and any bottlers using ``North 
Coast'' or ``Napa Valley'' as appellations of origin or in a brand name 
for wines made from grapes grown within the Crystal Springs of Napa 
Valley AVA would not be affected by the establishment of this new AVA.

[[Page 13076]]

If approved, the establishment of the proposed Crystal Springs of Napa 
Valley AVA would allow vintners to use ``Crystal Springs of Napa 
Valley,'' ``North Coast,'' or ``Napa Valley'' as appellations of origin 
for wines made from grapes grown within the proposed 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 TTB should establish the proposed Crystal Springs of Napa 
Valley AVA. TTB is interested in receiving comments on the sufficiency 
and accuracy of the name, boundary, topography, and other information 
submitted in support of the AVA petition. In addition, because the 
proposed Crystal Springs of Napa Valley AVA would be within the 
existing North Coast and Napa Valley 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 AVAs. TTB is also interested in 
comments on whether the geographic features of the proposed AVA are so 
distinguishable from one or both of the established AVAs that the 
proposed Crystal Springs of Napa Valley AVA should not be part of 
either established AVA. Please provide any available specific 
information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Crystal Springs of Napa Valley AVA on wine labels that include 
the term ``Crystal Springs of Napa 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 names 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 notice by using one of the 
following methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this notice within Docket No. TTB-2023-
0002 on ``Regulations.gov,'' the Federal e-rulemaking portal, at 
https://www.regulations.gov. A direct link to that docket is available 
under Notice No. 221 on the TTB website at https://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.
    Please submit your comments by the closing date shown above in this 
notice. Your comments must reference Notice No. 221 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 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

    This proposed rule is not a significant regulatory action as 
defined by Executive Order 12866. Therefore, it requires no regulatory 
assessment.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, we propose to amend 
title 27, chapter 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

    2. Add Sec.  9._to subpart C to read as follows:


Sec.  9._  Crystal Springs of Napa Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Crystal Springs of Napa Valley''. For purposes of part 4 
of this chapter, ``Crystal Springs of Napa Valley'' is a term of 
viticultural significance.
    (b) Approved maps. The two United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
viticultural area are titled:
    (1) Saint Helena, CA, 2015; and
    (2) Calistoga, CA, 2015.
    (c) Boundary. The Crystal Springs of Napa Valley viticultural area 
is located

[[Page 13077]]

in Napa County, California. Within the boundary description that 
follows, the viticultural area encompasses all areas at or below 1,400 
feet. The boundary of the Crystal Springs of Napa Valley viticultural 
area is as described as follows:
    (1) The beginning point is on the Saint Helena map at the 
intersection of Howell Mountain Road and White Cottage Road. From the 
beginning point, proceed southeasterly along Howell Mountain Road to 
its intersection with the 400-foot elevation contour near Big Rock 
Road; then
    (2) Proceed northwesterly along the 400-foot elevation contour to 
its intersection with an unnamed road (an extension of a road known 
locally as the North Fork of Crystal Springs Road); then
    (3) Proceed northerly along the unimproved dirt road approximately 
2,700 feet to its intersection with the 880-foot elevation contour; 
then
    (4) Proceed northwesterly along the meandering 880-foot elevation 
contour, crossing onto the Calistoga map, and continuing along the 
elevation contour to its intersection with Biter Creek; then
    (5) Proceed northerly (upstream) along Biter Creek to its 
intersection with the 1,400-foot elevation contour; then
    (6) Proceed southeasterly along the meandering 1,400-foot elevation 
contour, crossing onto the Saint Helena map, to the intersection of the 
elevation contour with White Cottage Road; then
    (7) Proceed easterly along White Cottage Road for approximately 130 
feet, returning to the beginning point.

    Signed: February 22, 2023.
Mary G. Ryan,
Administrator.

    Approved: February 23, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2023-04190 Filed 3-1-23; 8:45 am]
BILLING CODE 4810-31-P