[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Proposed Rules]
[Pages 730-733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00057]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2023-0009; Notice No. 227]
RIN 1513-AC80
Proposed Renaming of the Mendocino Ridge 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
rename the established ``Mendocino Ridge'' American viticultural area
(AVA) in Mendocino County, California, as ``Mendocino Coast Ridge.''
The proposed name change would not affect the size or boundary
description of the AVA. 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 proposal.
DATES: TTB must receive your comments on or before March 5, 2024.
ADDRESSES: You may electronically submit comments to TTB on this
proposal using the comment form for this document as posted within
Docket No. TTB-2023-0009 on the ``Regulations.gov'' website at https://www.regulations.gov. Within that docket, you also may view copies of
this document, its 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. 227. 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 below for further
information on the comments requested regarding 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). 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),
including changes to AVA names, and lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and a name and a delineated boundary, as
established in part 9 of the regulations. These designations allow
vintners and consumers to attribute a given quality, reputation, or
other characteristic of a wine made from grapes grown in an area to its
geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA is neither an approval nor an endorsement
[[Page 731]]
by TTB of the wine produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
standards for petitions for the establishment or modification of AVAs.
Petitions to establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA 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.
If the petition seeks to change the name of an existing AVA, the
petition must establish the suitability of the name change by providing
the same types of name evidence required for the establishment of a new
AVA.
Establishment of the Mendocino Ridge AVA
On April 7, 1997, TTB's predecessor agency, the Bureau of Alcohol,
Tobacco, and Firearms (ATF), published Notice No. 848 in the Federal
Register proposing the establishment of the Mendocino Ridge AVA (62 FR
16502). The notice was in response to a petition ATF received from
Steve Alden of Alden Ranch Vineyards, on behalf of the Mendocino Ridge
Quality Alliance, proposing the establishment of a new AVA to be called
``Mendocino Ridge.''
ATF received no comments in response to that notice. On October 27,
1997, ATF published in T.D. ATF-392 in the Federal Register (62 FR
55512), establishing the Mendocino Ridge AVA as proposed. The Mendocino
Ridge AVA is located within the established North Coast AVA (27 CFR
9.30). The AVA is located on the coastal ridgelines of Mendocino
County, California. There are about 262,400 acres within the outer
boundaries of the AVA; however, only elevations at or above 1,200 feet
are included in the AVA, resulting in an AVA comprised of non-
contiguous sites located on ridgetops above the fog line.
Petition To Rename the Mendocino Ridge AVA
TTB has received a petition from the Mendocino Ridge AVA Board of
Directors, proposing to rename the Mendocino Ridge AVA as the
``Mendocino Coast Ridge'' AVA. The petition was signed by
representatives of six vineyards and wineries within the AVA, including
two people who signed the original petition to establish the Mendocino
Ridge AVA. The petition states that at the time the Mendocino Ridge AVA
was established, the focus was on the ridgetop locations of the
vineyards. Over time, the vineyard owners realized that the coastal
location is ``equally a dominant defining feature of the AVA and should
be part of the name * * *.'' The petition claims that many producers in
the AVA have ``struggled with significant confusion in the marketplace
and within our community about where exactly the Mendocino Ridge is * *
* within Mendocino County.'' The petition goes on to say, ``Some assume
that Mendocino Ridge indicates ridge vineyards inland where
viticultural growing conditions are dramatically different'' from the
coastal region of the AVA. The petition also notes that ``Mendocino
Ridge'' is the name of a massive underwater ridgeline in the Pacific
Ocean.\1\ Internet searches for ``Mendocino Ridge'' can produce results
for the underwater ridge as well as for the AVA, which may cause
confusion for people expecting to find results relating to wine. The
petition states that the name ``Mendocino Coast Ridge'' would more
precisely describe the geographic location and viticultural conditions
of the AVA and alleviate consumer confusion.
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\1\ http://oceanexplorer.noaa.gov/explorations/14mendocino/welcome.html.
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Name Evidence
According to the petition, the proposed name ``Mendocino Coast
Ridge'' is appropriate for the AVA because the AVA exists entirely
within the coastal climate zone of Mendocino County. The petition
included a map showing the climate zones of Mendocino County, which
includes four climate zones from west to east--maritime, coastal,
transitional, and interior.\2\ The Mendocino Ridge AVA boundary is
superimposed on the map and is entirely in the ``coastal'' zone, while
the more inland regions of the county are in the ``transitional'' and
``interior'' zones. The petition included a second map of Caltrans
Pavement Climate Regions, which also places the region of the Mendocino
Ridge AVA in a coastal climate zone, this one named the ``North Coast''
region.\3\ By contrast, the inland region of Mendocino County is in the
``Low Mountain'' region.
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\2\ See Exhibit C to the petition in the public docket at
www.regulations.gov.
\3\ See Exhibit E to the petition in the public docket at
www.regulations.gov.
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The petition provided several examples showing the use of ``coast
ridge'' or ``coastal ridge'' to describe the region of the AVA. A real
estate listing from the town of Gualala, which is within the Mendocino
Ridge AVA, describes a house as a ``sunny Mendocino coast ridge-top
estate.'' \4\ A second real estate listing for a property in Philo,
California, notes that the property's vineyard is ``located both in the
Anderson Valley and the Mendocino Ridge (also known as the Mendocino
Coast Ridge area) appellations.'' \5\ A vacation rental site lists
another property ``atop of southern Mendocino County's coastal ridge.''
\6\ The Port Arena Schools web page, which serves students within the
Mendocino Ridge AVA, also describes the location of the town of Point
Arena as on the ``coastal ridge range.'' \7\
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\4\ https://www.zillow.com/homes/45601-Seaside-School-Rd-Gualala,-CA-95445_rb/19217570_zpid/.
\5\ https://mendocountry.com/real-estate-listings/22400-philo-greenwood-rd.v.
\6\ https://www.vrbo.com/829531.
\7\ https://pointarenaschools.org.
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Finally, the petition included examples from several wine
publications that refer to the coastal location of the AVA and its
vineyards as evidence that ``coast'' should be part of the AVA name. A
2021 article from International Wine Review notes that ``Mendocino
Ridge is a coastal appellation * * * with a series of ridges that run
northwesterly along the coast.'' \8\ A 2018 article about the wines of
Mendocino County states, ``It is a large and sprawling region which can
be arguably cleaved into two pieces:
[[Page 732]]
coastal and inland. Anderson Valley, Mendocino Ridge, Yorkville
Highlands, and Cole Ranch belong to the former category, as they are
very much defined by their relationship to the coast.'' \9\ Another
article about wine regions in Mendocino County states, ``The coastal
appellations are Anderson Valley, Mendocino Ridge, and Yorkville
Highlands * * *.'' \10\ A review of Witching Stick Winery's 2011
Gianoli Vineyard Pinot Noir wine notes, ``The Gianoli Vineyard is
located roughly 1800 feet up in the Mendocino Coastal Ridge * * *.''
\11\ A description of a 2005 Zinfandel wine from Claudia Springs Winery
notes, ``The Mendocino Ridge Appellation is one of California's most
unique--all vineyards must be in the Mendocino Coast ridge [sic] and at
an elevation of at least 1,200 feet above sea level.'' \12\ The website
for Gianoli Ranch and Vineyard notes that the property is located
``along the beautiful Mendocino Coast Ridge.'' \13\ Lastly, a 2010
article from the wine blog PinotFile states that in 1988, Kendall-
Jackson Winery declared that ``the Mendocino Coastal Ridge was one of
the world's greatest Zinfandel regions.'' \14\
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\8\ https://i-winereview.com/blog/index.php/2021/01/12/drew-winery-brilliant-winemaking-in-the-mendocino-ridge-and-anderson-valley.
\9\ https://www.guildsomm.com/public_content/features/articles/b/kelli-white/posts/mendocino-county.
\10\ https://www.vikingrange.com/consumer/products/print_friendly/tvl_print.jsp;jsessionid= cJNmb4t26Be-
j0HUOFDIbw**.node1?id=prod7350195.
\11\ https://chuckfuruya.wordpress.com/2013/05/02/2011-witching-stick-pinot-noirs.
\12\ https://www.klwines.com/p/i?i=1034162&searchId=8b9c4e47-d24c-403a-a363-8df4a465b6b4&searchServiceName=klwines-prod-productsearch&searchRank=1.
\13\ https://gianoliranch.com/about/.
\14\ Princeofpinot.com/article/835.
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TTB Determination
TTB concludes that the petition to rename the established Mendocino
Ridge AVA as ``Mendocino Coast Ridge'' merits consideration and public
comment, as invited in this document.
Boundary Description
The proposed renaming would not affect the boundary description of
the Mendocino Ridge AVA as codified in the Code of Federal Regulations
at 27 CFR 9.158.
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 approves this proposed AVA name change, the new name,
``Mendocino Coast Ridge,'' will be recognized as the name of the AVA.
This name change would affect vintners who currently use the
``Mendocino Ridge'' name as an appellation of origin because only the
approved viticultural name may be so used. As a result, ``Mendocino
Ridge'' would no longer be eligible for use as an AVA appellation of
origin on wine labels.
Although ``Mendocino Ridge'' would no longer be an approved AVA
name, TTB would still recognize it as a term of viticultural
significance. With some exceptions, a brand name of viticultural
significance may not be used unless the wine meets the appellation of
origin requirements for the geographic area named. (27 CFR 4.39(i)(1)).
``Mendocino Ridge'' has been recognized as a term of viticultural
significance under Sec. 4.39(i)(3) of the TTB regulations (27 CFR
4.39(i)(3)) since the establishment of the Mendocino Ridge AVA.
Changing the name of the AVA to add ``Coast'' to the AVA name would not
affect the viticultural significance of the term ``Mendocino Ridge.''
As a term of viticultural significance, ``Mendocino Ridge'' could not
appear as a brand name or elsewhere on a wine label unless the wine is
also eligible to be labeled with the ``Mendocino Coast Ridge'' AVA
appellation.
Transition Period for ``Mendocino Ridge'' Labels
If TTB adopts a final rule renaming this AVA, current holders of
labels that were approved before the effective date of such a final
rule that use the name ``Mendocino Ridge'' to designate a viticultural
area would be permitted to use those approved labels during a 2-year
transition period. At the end of the 2-year period, holders of approved
``Mendocino Ridge'' viticultural area wine labels would have to
discontinue their use, as their certificates of label approval (COLAs)
would be revoked by operation of the final rule. (See 27 CFR 13.51 and
13.72(a)(2).) The proposed regulatory text at the end of this document
includes a statement to this effect as a new paragraph (d) in 27 CFR
9.158. TTB believes the 2-year period would provide label holders with
adequate time to use up their supply of previously approved labels.
TTB notes that label holders who continue to use labels showing the
``Mendocino Ridge'' during the transition period would also be able to
apply for COLAs with the ``Mendocino Coast Ridge'' name and use such
labels, if approved.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on the
appropriateness of changing the name of the established Mendocino Ridge
AVA to ``Mendocino Coast Ridge,'' and on the proposed 2-year transition
period. TTB is particularly interested in receiving comments on any
possible effects that this name change would have on label holders
using the Mendocino Ridge appellation of origin. TTB is also interested
in comments regarding any negative economic impact, which might result
from the proposed name change, and whether a longer transition period
would be more appropriate to reduce any negative impact.
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. 227 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 submit a comment requesting 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, supporting materials, and any
[[Page 733]]
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 regarding comments
on this proposal or to request copies of this document, its supporting
materials, or the 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, as amended.
Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this document.
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. Section 9.158 is amended by revising the section heading, paragraphs
(a), (b) introductory text, and (c) introductory text, and by adding
paragraph (d) to read as follows:
Sec. 9.158 Mendocino Coast Ridge.
(a) Name. The name of the viticultural area described in this
section is ``Mendocino Coast Ridge''. For purposes of part 4 of this
chapter, ``Mendocino Coast Ridge'' and ``Mendocino Ridge'' are both
terms of viticultural significance.
(b) Approved maps. The appropriate maps for determining the
boundary of the Mendocino Coast Ridge viticultural area are four
1:62,500 scale U.S.G.S. topographical maps. They are titled:
* * * * *
(c) Boundary. The Mendocino Coast Ridge viticultural area is
located within Mendocino County, California. Within the boundary
description that follows, the viticultural area starts at the 1,200-
foot elevation contour and encompasses all areas at or above the 1,200-
foot elevation contour. The boundary of the Mendocino Coast Ridge
viticultural area is as follows:
* * * * *
(d) Transition period. A label containing the words ``Mendocino
Ridge'' as an appellation of origin approved prior to [the effective
date of the final rule] may be used on wine bottled before [two years
after the effective date of the final rule], if the wine conforms to
the standards for use of the label set forth in Sec. 4.25 or Sec.
4.39(i) of this chapter in effect prior to [effective date of the final
rule]. Existing certificates of label approval showing ``Mendocino
Ridge'' as an appellation of origin are revoked by operation of this
regulation on [two years after the effective date of the final rule].
Signed: December 19, 2023.
Mary G. Ryan,
Administrator.
Approved: December 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2024-00057 Filed 1-4-24; 8:45 am]
BILLING CODE 4810-31-P