[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