[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Proposed Rules]
[Pages 18481-18487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06349]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2023-0003; Notice No. 222]
RIN 1513-AC77


Proposed Establishment of the Comptche 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 1,421.8-acre ``Comptche'' American viticultural area 
(AVA) in Mendocino County, California. The proposed AVA is located 
entirely within the boundaries of the existing North Coast AVA, but the 
petitioner requests excluding the proposed AVA from the North Coast AVA 
due to significant differences in distinguishing features. 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 these proposals.

DATES: TTB must receive your comments on or before May 30, 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-2023-0003 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 
provisions pursuant to section 1111(d) of the Homeland Security Act of 
2002, as 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) 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; and
     A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.
    If a smaller proposed AVA is to be established within an existing 
AVA, the petitioner may request, and TTB may determine, that the 
proposed AVA should not be part of the larger AVA because the proposed 
AVA has features that clearly distinguish it from the

[[Page 18482]]

surrounding AVA. In such instances, wine produced from grapes grown 
within the proposed AVA would not be entitled to use the name of the 
larger AVA as an appellation of origin or in a brand name if the 
proposed AVA is established.

Petition To Establish the Comptche AVA

    TTB received a petition from Michael Nolan, submitted on behalf of 
local vineyard owners, proposing to establish the ``Comptche'' AVA. The 
proposed AVA is located in Mendocino County, California, and covers 
1,421.8 acres. There are 3 commercial vineyards covering a total of 
over 30 acres within the proposed AVA. Although there are no wineries 
within the proposed AVA, grapes are sold to nearby wineries, including 
Baxter, Phillips Hill, and Lula.
    The distinguishing features of the proposed Comptche AVA are its 
topography, soils, and climate. The proposed Comptche AVA is located 
entirely within the boundaries of the existing North Coast AVA (27 CFR 
9.30). However, the petition states that the features of the proposed 
AVA are so distinguishable from those of the North Coast AVA that the 
proposed AVA should not be included within it.

Proposed Comptche AVA

Name Evidence

    The proposed Comptche AVA takes its name from the community of 
Comptche, California, which is located within the proposed AVA. The 
Comptche Volunteer Fire Department provides firefighting services for 
the community. The Comptche Community Organization hosts a variety of 
events for residents throughout the year, including bingo, senior 
lunches, and an art show. Children within the proposed AVA attend the 
Comptche School from kindergarten through fifth grade. The Comptche 
Store sells food and supplies within the proposed AVA. Finally, the 
Comptche Directory provides a list of addresses and phone numbers of 
residents and businesses within the proposed AVA.

Boundary Evidence

    The proposed Comptche AVA is located in Mendocino County, 
California, in a valley surrounded by forests of coastal redwoods and 
Douglas firs. The proposed northern, eastern, and western boundaries 
follow the 400-foot elevation contour and separate the valley floor 
from the higher, steeper, heavily-forested surrounding regions without 
viticulture. The proposed southern boundary follows the Albion River, 
which also separates the proposed AVA from the higher, heavily-forested 
region to the south.

Distinguishing Features

    According to the petition, the distinguishing features of the 
proposed Comptche AVA are its topography, soils, and climate.
Topography
    The proposed Comptche AVA is located in a low-elevation valley, a 
natural opening that is surrounded by heavily forested lands and short, 
steep ridges. Elevations within the proposed AVA range from 187 to 400 
feet, and all vineyards are planted at elevations between 220 and 250 
feet. According to the USGS map included with the petition, elevations 
are higher in each direction outside of the proposed AVA. To the north 
of the proposed AVA are several marked peaks with elevations of 1,000 
feet or higher. To the east of the proposed AVA, elevations rise above 
1,200 feet near the community of Cameron, California. South of the 
proposed AVA, peaks reach over 600 feet near Morrison Gulch. West of 
the proposed AVA, elevations rise over 800 feet.
    The petition also notes that the proposed Comptche AVA is 
surrounded by land designated as a Timberland Production Zone. Such 
land is zoned only for the growing and harvesting of timber for a 
period of at least 10 years from the time it was so designated.\1\ The 
proposed AVA is unique because non-timber-related agricultural 
activity, including viticulture, is permitted. The petition includes a 
map showing the extent of the Timberland Production Zones in Mendocino 
County.\2\ The map supports the petition's claim that the proposed 
Comptche AVA is one of the few regions in the coastal section of 
Mendocino County that is not set aside for timber production for at 
least the near future.
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    \1\ Californialandcan.org/local-resources/Timberland-Production-Zone/28005.
    \2\ You may view the Timber Production Zone map in Appendix 3 of 
the petition as posted within Docket TTB-2023-0003 at 
www.regulations.gov.
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    According to the petition, the topography of the proposed Comptche 
AVA has an effect on viticulture. The petition states that above 400 
feet the land becomes steeper. As a result, the higher elevations 
surrounding the proposed AVA are less suited to viticulture than the 
more level lands on the valley floor of the proposed AVA. The petition 
also states that the 400-foot elevation contour approximates the change 
to forest soils that are different from the soil series found within 
the proposed AVA and are more suited for timber production than 
viticulture.
    Finally, the petition states that elevation affects temperatures. 
As evidence, the petition included data on the monthly low temperatures 
from a weather station in the proposed AVA at an elevation of 177 feet, 
a station to the north of the proposed AVA at an elevation of 525 feet, 
and a station to the south of the proposed AVA at an elevation of 1,168 
feet.\3\ The petition noted that high temperatures are very similar in 
the proposed AVA and on the ridgelines because the sun shines equally 
on both in the day. Therefore, the petition focused on low, nighttime 
temperatures, when cold air drains into the proposed AVA from the 
surrounding higher elevations. Although the petition included data from 
each month from 2017 through 2019, the petition states that the growing 
season months are the important months to consider because the vines 
are dormant the rest of the year. Therefore, the following table only 
includes data from each growing season, defined in the petition as 
April through October.\4\
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    \3\ Included in the petition as Table 1; see Docket TTB-2023-
0003 at www.regulations.gov.
    \4\ You may view the entire set of temperature data in Appendix 
4 of the petition as posted within Docket TTB-2023-0003 at 
www.regulations.gov.

[[Page 18483]]



          Table 1--Average Growing Season Monthly Low Temperatures in Degrees Fahrenheit From 2017-2019
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                                                                   Location  (direction from proposed AVA)
                                                           -----------------------------------------------------
                           Month                               Comptche      Huckleberry Hill    Rancho Navarro
                                                               (within)          (north)            (south)
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                                                      2017
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April.....................................................            32.2               33.1               36.1
----------------------------------------------------------------------------------------------------------------
May.......................................................            35.7               38.1               41.9
June......................................................             N/A               42.3               45.1
July......................................................            44.4               46.0               46.8
August....................................................            44.7               47.5               48.6
September.................................................            35.8               41.2               46.8
October...................................................            27.8               39.2               43.3
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                                                      2018
----------------------------------------------------------------------------------------------------------------
April.....................................................            32.7               33.6               36.3
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May.......................................................            36.0               37.2               41.5
June......................................................            37.1               38.7               44.2
July......................................................            41.7               45.1               46.4
August....................................................            43.1               46.2               48.6
September.................................................            36.9               42.6               47.8
October...................................................            31.0               37.4               41.7
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                                                      2019
----------------------------------------------------------------------------------------------------------------
April.....................................................            34.1               39.0               41.4
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May.......................................................            33.5               37.4               40.8
June......................................................            37.8               41.0                N/A
July......................................................            43.4               46.2               49.1
August....................................................            46.6               50.4               51.1
September.................................................            35.9               40.6               42.6
October...................................................            26.0               31.3               42.8
----------------------------------------------------------------------------------------------------------------

    The petition states that the low temperatures in the low elevations 
of the proposed AVA place the proposed AVA at greater risk for frost 
than the higher elevations. Frost during the growing season can harm 
vines and delay the development of fruit. The cooler evening growing 
season temperatures within the proposed AVA can also delay grape 
maturation.
Soils
    The petition states that the proposed Comptche AVA has two main 
soil types--Bearwallow-Wolfey and Perrygulch Loam. According to the 
petition, most of the vineyards in the proposed AVA are planted on 
Bearwallow-Wolfey soils, which are described in the petition as well-
drained, shallow, and relatively infertile soils over fractured 
sandstone. The USDA Soil Survey \5\ notes that these soils are 
primarily used for livestock grazing, wine grape production, and 
wildlife habitat. These soils are prone to erosion due to their 
thinness and the fact that they frequently occur on slopes. Therefore, 
mowing is the preferred method of controlling weeds in the vineyards 
instead of tilling, which disturbs the soil. Additionally, vineyards 
planted on these soils are at less of a risk for frost damage than 
soils planted on the valley floor because cold air drains down the 
slopes and settles on the valley floor.
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    \5\ Included in Appendix 2 of the petition, which is posted 
within Docket TTB-2023-0003 at www.regulations.gov.
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    Perrygulch Loam is a deep, rich, bottomland soil series that is not 
as well drained as Bearwallow-Wolfey soils. The soils also contain a 
large amount of clay. Because these soils are primarily located on the 
flat valley floor, they are more susceptible to frost than the 
Bearwallow-Wolfey soils that occur on steeper slopes. The petition 
states that the vineyard planted on Perrygulch Loam soils has an 
overhead sprinkler system and catchment pond to help with frost 
protection, while the vineyards planted on the Bearwallow-Wolfey soils 
either have no frost protection equipment or occasionally use a simple 
fan. Vineyards planted on Perrygulch soils also try to avoid soil 
disturbance, not because the soils are easily eroded but because the 
high clay content is easily compacted by heavy machinery. As a result, 
the petition states that the preferred method of weed control in these 
vineyards is the use of herbicides.
    By contrast, the most common soils surrounding the proposed 
Comptche AVA are Ornbaun and Zeni soils, which are found in each 
direction outside the proposed AVA. These soils are described in the 
USDA Soil Survey as occurring on hills and mountains. The soils are 
moderately deep to deep and formed from sandstone, and the surface is 
typically covered with a mat of leaves and twigs that is one-half inch 
deep. The USDA Soil Survey notes that these soils are used for timber 
production or as a watershed.
Climate
    The petition to establish the proposed Comptche AVA included 
climate data from within the proposed AVA and from three established 
AVAs in Mendocino County: The Mendocino AVA (27 CFR 9.93), which forms 
a ``V'' shape to the east and south of the proposed AVA, and the 
Mendocino Ridge AVA (27 CFR 9.158) and Anderson Valley AVA (27 CFR 
9.86),

[[Page 18484]]

which are both to the south of the proposed AVA.\6\ The following table 
summarize the average growing season and average annual temperatures. 
Data was not included for the regions to the north or west of the 
proposed Comptche AVA.
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    \6\ Included as Table 2 in the petition, which is posted within 
Docket TTB-2023-0003 at www.regulations.gov.
    \7\ Defined in the petition as the period from April through 
October.

       Table 2--Average Growing Season \7\ and Annual Temperatures
                          [Degrees fahrenheit]
------------------------------------------------------------------------
                                 Average growing       Average annual
          Location             season temperature        temperature
------------------------------------------------------------------------
Proposed Comptche AVA.......                  74.2                  67.9
Mendocino AVA...............                  80.4                  71.0
Mendocino Ridge AVA.........                  76.1                  68.2
Anderson Valley AVA.........                  78.2                  70.1
------------------------------------------------------------------------

    The petition also included data from three additional ways of 
measuring the climate of a region. The first method is growing degree 
days (GDDs), also known as the Winkler Index.\8\ The following table 
summarizes the average annual GDD accumulations from the same locations 
as used in the previous table.
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    \8\ See Albert J. Winkler et al., General Viticulture (Berkeley: 
University of California Press, 2nd ed. 1974), pages 61-64. 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 F, the minimum temperature 
required for grapevine growth.

                Table 3--Average Annual GDD accumulations
------------------------------------------------------------------------
                                                                GDD
                        Location                           accumulations
------------------------------------------------------------------------
Proposed Comptche AVA...................................        2,258.85
Mendocino AVA...........................................        3,034.06
Mendocino Ridge AVA.....................................        2,680.08
Anderson Valley AVA.....................................        2,738.92
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    The second system of measuring climate is the Huglin Index. 
According to the petition, this method uses the period from April 1 
through September 30 and sums the mean of the daily mean temperatures 
above 10 degrees Celsius, multiplied by a coefficient indicative of the 
latitude to account for increasing day lengths. The following table 
summarizes the Huglin Index numbers for the same locations as used in 
the previous table.

                          Table 4--Huglin Index
------------------------------------------------------------------------
                        Location                           Huglin Index
------------------------------------------------------------------------
Proposed Comptche AVA...................................        1,835.81
Mendocino AVA...........................................        2,399.82
Mendocino Ridge AVA.....................................         2,051.0
Anderson Valley AVA.....................................        2,185.79
------------------------------------------------------------------------

    The final system of measuring climate is called Biologically 
Effective Degree Days (BEDD). The BEDD method calculates the growing 
degree days between April 1 and October 31 and also accounts for day 
length and diurnal temperature range. The following table summarizes 
the BEDD accumulations for the same locations as used in the previous 
table.

                       Table 5--BEDD Accumulations
------------------------------------------------------------------------
                                                               BEDD
                        Location                           accumulations
------------------------------------------------------------------------
Proposed Comptche AVA...................................        1,395.05
Mendocino AVA...........................................        1,805.09
Mendocino Ridge AVA.....................................        1,543.05
Anderson Valley AVA.....................................        1,699.14
------------------------------------------------------------------------

    The climate data included in the petition shows that the proposed 
Comptche AVA has lower GDD and BEDD accumulations and a lower Huglin 
Index number than the regions to the south and east, suggesting a 
significantly cooler climate within the proposed AVA. The petition 
states that the proposed AVA is a ``borderline'' region for growing 
wine grapes, and that only the most cold-hardy varietals will 
successfully ripen. Pinot Noir is the only grape varietal currently 
grown commercially within the proposed Comptche AVA.

Summary of Distinguishing Features

    The following table summarizes the characteristics of the proposed 
Comptche AVA and the surrounding regions.

                                   Table 6--Summary of Distinguishing Features
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            Location                     Topography                 Soils                      Climate
----------------------------------------------------------------------------------------------------------------
Proposed Comptche AVA...........  Low elevation,           Bearwallow-Wolfey and    Average growing season
                                   naturally-open valley;   Perrygulch Loam;         monthly low temperatures
                                   elevations between 187   generally well-          range from 26 to 46.6
                                   and 400 feet; not        drained, shallow,        degrees F; 2,258.85 GDDs;
                                   designated as a          relatively fertile;      Huglin Index 1,835.81;
                                   Timberland Production    prone to erosion.        1,495.05 BEDDs.
                                   Zone.
North...........................  Heavily forested;        Ornbaun and Zeni;        Average growing season
                                   elevations reach 1,000   moderately deep and      monthly low temperatures
                                   feet and higher;         typically covered with   range from 31.3 to 50.4
                                   designated as            a mat of leaves and      degrees F.
                                   Timberland Production    twigs.
                                   Zone.
East............................  Elevations reach 1,200   Ornbaun and Zeni;        Mendocino AVA: Average
                                   feet and higher;         moderately deep and      growing season temperature
                                   designated as            typically covered with   80.4 degrees F, annual
                                   Timberland Production    a mat of leaves and      temperature 71 degrees F;
                                   Zone.                    twigs.                   3,034.06 GDDs; Huglin Index
                                                                                     2,399.82; 1,805.09 BEDDs.

[[Page 18485]]

 
South...........................  Elevations reach over    Ornbaun and Zeni;        Average growing season
                                   600 feet; designated     moderately deep and      monthly low temperatures
                                   as Timberland            typically covered with   range from 36.1 to 51.1
                                   Production Zone.         a mat of leaves and      degrees F; in Mendocino
                                                            twigs.                   Ridge AVA: average growing
                                                                                     season temperature 76.1
                                                                                     degrees F, average annual
                                                                                     temperature 68.2 degrees F,
                                                                                     2,680.08 GDDs, Huglin Index
                                                                                     2,051, 1,543.05 BEDDs; in
                                                                                     Anderson Valley AVA:
                                                                                     average growing season 78.2
                                                                                     degrees F, average annual
                                                                                     temperature 70.1 degrees F,
                                                                                     2,738.92 GDDs, Huglin Index
                                                                                     2,185.79, 1,699.14 BEDDs.
West............................  Elevations rise over     Ornbaun and Zeni;        Not Available.
                                   800 feet; designated     moderately deep and
                                   as Timberland            typically covered with
                                   Production Zone.         a mat of leaves and
                                                            twigs.
----------------------------------------------------------------------------------------------------------------

Comparison of the Proposed Comptche 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). It includes 
all or portions of Napa, Sonoma, Mendocino, Lake, Marin, and Solano 
Counties, California. According to T.D. ATF-145, the North Coast AVA is 
characterized by a marine-influenced climate that can be classified as 
Regions I-III on the Winkler Index. T.D. ATF-145 did not include any 
information on the soils of the North Coast AVA.
Comparison of Climate
    Although the proposed Comptche AVA also has a marine-influenced 
climate, the petition states that the climate and soils of the proposed 
AVA are so different from the North Coast AVA that the proposed AVA 
should not be considered a part of the larger AVA. The petition 
describes the climate of the proposed AVA as suitable for growing only 
the most cold-hardy wine grapes. The petition for the proposed Comptche 
AVA included climate date from within the proposed AVA and from the 
North Coast AVA, as a whole.\9\ The information is summarized in the 
following table.
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    \9\ Included as Table 2 in the petition, which is posted within 
Docket TTB-2023-0003 at www.regulations.gov.
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                    Table 7--Climate Comparison of North Coast AVA and Proposed Comptche AVA
----------------------------------------------------------------------------------------------------------------
                                                                                      Average
                                                                                      growing         Average
                  Location                       BEDDs       GDDs       Huglin        season          annual
                                                                         Index      temperature     temperature
                                                                                    (degrees F)     (degrees F)
----------------------------------------------------------------------------------------------------------------
Proposed Comptche AVA.......................    1,395.05    2,258.85    1,835.81            74.2            67.9
North Coast AVA.............................    1,798.84    3,080.43    2,342.98            79.6            71.4
----------------------------------------------------------------------------------------------------------------

    The data in the table suggest that the climate of the proposed 
Comptche AVA is cooler than that of the larger, multi-county North 
Coast AVA as a whole. The GDD accumulations for the proposed AVA 
indicate it is a Region I climate, whereas the North Coast AVA's GDD 
accumulations indicate the AVA, as a whole, is a Region III 
climate.\10\ T.D. ATF-145 notes that variations in climate exist within 
the North Coast AVA due to its large size. However, the proposed 
Comptche AVA is not just cooler than locations in other counties within 
the North Coast AVA, but it is also cooler than its three closest 
neighboring AVAs in Mendocino County--the Mendocino, Mendocino Ridge, 
and Anderson Valley AVAs.\11\ Therefore, the petition lists climate as 
one of the reasons to exclude the proposed Comptche AVA from the 
established North Coast AVA.
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    \10\ See Albert J. Winkler et al., General Viticulture 
(Berkeley: University of California Press, 2nd. ed. 1974), pages 61-
64. In the Winkler scale, the GDD regions are defined as follows: 
Region I = less than 2,500 GDDs; Region II = 2,501-3,000 GDDs; 
Region III = 3,001-3,500 GDDs; Region IV = 3,501-4,000 GDDs; Region 
V = greater than 4,000 GDDs.
    \11\ See Tables 3, 4, and 5 in the Climate section of this 
proposed rule.
---------------------------------------------------------------------------

Comparison of Soil
    T.D. ATF-145, which established the North Coast AVA, did not 
include information about the AVA's soils. The proposed Comptche AVA 
petition states that the primary soils in the proposed AVA are the 
Bearwallow-Wolfey and Perrygulch Loam series. According to the 
petition, these soil series have a limited extent in California: the 
Bearwallow series covers a total of 30,050 acres, the Wolfey series 
covers 4,709 acres, and the Perrygulch series covers 580 acres. By 
comparison, the Zeni and Ornbaun series, which are the most prominent 
soils in the regions directly outside the proposed AVA, cover 96,612 
and 115,774 acres, respectively. T.D. ATF-145 notes that the entire 
North Coast AVA covers slightly more than 3 million acres. The petition 
states that the uniqueness of the primary soils of the proposed 
Comptche AVA is another reason the proposed AVA should not be 
considered a part of the North Coast AVA.

TTB Determination

    TTB concludes that the petition to establish the 1,421.8-acre 
``Comptche'' 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 
Comptche AVA boundary on the AVA Map Explorer on the TTB website, at 
https://www.ttb.gov/wine/ava-map-explorer.

[[Page 18486]]

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, ``Comptche,'' 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 ``Comptche'' 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 
``Comptche.''
    If the proposed Comptche AVA is excluded from the established North 
Coast AVA, grapes grown in the Comptche AVA would not count towards the 
percentage requirement for wines labeled as ``North Coast.'' Vintners 
would be able to use ``Comptche,'' and only that term, as an AVA 
appellation of origin, if at least 85 percent of the wine is derived 
from grapes grown in the Comptche AVA, and if the wine meets the other 
eligibility requirements for the appellation. Alternatively, vintners 
could use ``California'' or ``Mendocino County'' as non-AVA 
appellations of origin.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether TTB should establish the proposed Comptche AVA. TTB is 
interested in receiving comments on the sufficiency and accuracy of the 
name, boundary, and other required information submitted in support of 
the AVA petition. In addition, because the proposed Comptche AVA would 
not be considered part of the existing North Coast AVA, TTB is 
interested in comments on whether the evidence submitted in the 
petition regarding the distinguishing features of the proposed AVA 
sufficiently demonstrate that its geographic features are so 
distinguishable from the North Coast AVA that the proposed Comptche AVA 
should not be part of the established AVA. Please provide any available 
specific information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Comptche AVA on wine labels that include the term 
``Comptche,'' as discussed in the Impact on Current Wine Labels 
section, 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 proposal by using one of the 
following methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this document within Docket No. TTB-
2023-0003 on ``Regulations.gov,'' the Federal e-rulemaking portal, at 
https://www.regulations.gov. A direct link to that docket is available 
under Notice No. 222 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 at the 
top of the page.
     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 
document. Your comments must reference Notice No. 222 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. We do not acknowledge receipt of comments, and we consider 
all comments as originals.
    Your comment must clearly state if you are commenting on your own 
behalf or on behalf of an organization, business, or other entity. If 
you are commenting on behalf of an organization, business, or other 
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, 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 document, selected 
supporting materials, and any online or mailed comments received about 
this proposal within Docket No. TTB-2023-0003 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A 
direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 222. You may 
also reach the relevant docket through the Regulations.gov search page 
at https://www.regulations.gov. For instructions on how to use 
Regulations.gov, visit the site and click on the ``Help'' tab at the 
top of the page.
    All posted comments will display the commenter's name, organization 
(if any), city, and State, and, in the case of mailed comments, all 
address information, including email addresses. TTB may omit voluminous 
attachments or material that it considers unsuitable for posting.
    You may also obtain copies of this proposed rule, all related 
petitions, maps and other supporting materials, and any electronic or 
mailed comments that TTB receives about this proposal at 20 cents per 
8.5- x 11-inch page. Please note that TTB is unable to provide copies 
of USGS maps or any similarly-

[[Page 18487]]

sized documents that may be included as part of the AVA petition. 
Contact TTB's Regulations and Rulings Division by email using the web 
form at https://www.ttb.gov/contact-rrd, or by telephone at 202-453-
1039, ext. 175, 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

    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

0
2. Add Sec.  9.__ to read as follows:


Sec.  9.__  Comptche.

    (a) Name. The name of the viticultural area described in this 
section is ``Comptche''. For purposes of part 4 of this chapter, 
``Comptche'' is a term of viticultural significance.
    (b) Approved maps. The one United States Geological Survey (USGS) 
1:24,000 scale topographic map used to determine the boundary of the 
viticultural area is titled Comptche, California (provisional edition 
1991).
    (c) Boundary. The Comptche viticultural area is located in 
Mendocino County, California. The boundary of the Comptche viticultural 
area is as described as follows:
    (1) The beginning point is on the Comptche map at the intersection 
of a north-south tributary of the Albion River and an unnamed improved 
road known locally as Comptche Ukiah Road, section 12, T16N/R16W. From 
the beginning point, proceed northwest in a straight line, crossing an 
unnamed, unimproved road known locally as Surprise Valley Road, to the 
400-foot elevation contour, section 12, T16N/R16W; then
    (2) Proceed north, then easterly along the 400-foot elevation 
contour to its intersection with an unnamed, unimproved road southeast 
of the marked 517-foot peak in section 1, T16N/R16W; then
    (3) Proceed southeasterly along the unnamed, unimproved road to its 
intersection with an unnamed, unimproved road known locally as Surprise 
Valley Road, section 1, T16N/R16W; then
    (4) Proceed northeasterly along Surprise Valley Road to its 
intersection with an unnamed, unimproved road known locally as North 
Fork Road, section 1, T16N/R16 W; then
    (5) Proceed northwesterly along North Fork Road to its intersection 
with an unnamed, unimproved road known locally as Docker Hill Road in 
section 36, T17N/R16W; then
    (6) Proceed north along Docker Hill Road to its intersection with 
the 400-foot elevation contour, section 36, T17N/R16W; then
    (7) Proceed easterly along the 400-foot elevation contour to its 
intersection with the North Fork of the Albion River in section 37, 
T17N/R15W; then
    (8) Continue in a generally southerly direction along the 400-foot 
elevation contour to its intersection with an unnamed intermittent 
creek in section 6, T16N/R15W; then
    (9) Proceed south in a straight line to the 400-foot elevation 
contour, section 6, T16N/R15W; then
    (10) Proceed southeasterly, then north, then southeasterly along 
the meandering 400-foot elevation contour to its intersection with the 
Albion River in section 8, T16N/R15W; then
    (11) Proceed westerly along the Albion River to its intersection 
with a north-south tributary in section 12, T16N/R16W; then
    (12) Proceed northeasterly along the tributary, returning to the 
beginning point.
    (d) Exclusion. The Comptche viticultural area as described in this 
section is not included within the North Coast viticultural area as 
described in Sec.  9.30.

    Signed: March 17, 2023.
Mary G. Ryan,
Administrator.

    Approved: March 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2023-06349 Filed 3-28-23; 8:45 am]
BILLING CODE 4810-31-P