Proposed Establishment of the San Antonio Valley Viticultural Area (2004R-599P), 28865-28870 [05-10008]
Download as PDF
Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules
any comments we receive by
appointment at the TTB Library at 1310
G Street, NW., Washington, DC 20220.
You may also obtain copies at 20 cents
per 8.5- x 11-inch page. Contact our
librarian at the above address or by
telephone at 202–927–2400 to schedule
an appointment or to request copies of
comments.
For your convenience, we will post
this notice and any comments we
receive on this proposal on the TTB
Web site. We may omit voluminous
attachments or material that we
consider unsuitable for posting. In all
cases, the full comment will be available
in the TTB Library. To access online
copies of this notice and the posted
comments, visit https://www.ttb.gov/
alcohol/rules/index.htm. Select the
‘‘View Comments’’ link under this
notice number to view the posted
comments.
Regulatory Flexibility Act
We certify that this proposed
regulation, if adopted, will 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, 58 FR 51735.
Therefore, it requires no regulatory
assessment.
Drafting Information
N.A. Sutton of the Regulations and
Procedures Division drafted this notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, we propose to amend 27 CFR,
chapter 1, part 9, Code of Federal
Regulations, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
Authority: 27 U.S.C. 205.
2. Amend subpart C by adding
§ 9.ll to read as follows:
VerDate jul<14>2003
23:41 May 18, 2005
Jkt 205001
Subpart C—Approved American
Viticultural Areas
§ 9.ll
Wahluke Slope.
(a) Name. The name of the viticultural
area described in this section is
‘‘Wahluke Slope’’. For purposes of part
4 of this chapter, ‘‘Wahluke Slope’’ and
‘‘Wahluke’’ are terms of viticultural
significance.
(b) Approved Maps. The appropriate
maps for determining the boundaries of
the Wahluke Slope viticultural area are
eight United States Geological Survey
(USGS) 1:250,000 scale, topographic
maps. They are titled:
(1) Beverly Quadrangle, Washington,
1965;
(2) Beverly SE Quadrangle,
Washington—Grant Co., 1965;
(3) Smyrna Quadrangle,
Washington—Grant Co., Provisional
Edition 1986;
(4) Wahatis Peak Quadrangle,
Washington—Grant Co., Provisional
Edition 1986;
(5) Coyote Rapids Quadrangle,
Washington, Provisional Edition 1986;
(6) Vernita Bridge Quadrangle,
Washington, Provisional Edition 1986;
(7) Priest Rapids NE Quadrangle,
Washington, Provisional Edition 1986;
and
(8) Priest Rapids Quadrangle,
Washington, 1948; photo revised 1978.
(c) Boundary. The Wahluke Slope
viticultural area is located in Grant
County, Washington. The boundary of
the Wahluke Slope viticultural area is as
described below:
(1) The beginning point is at the
northwest corner of the proposed
viticultural area where the east bank of
the Columbia River intersects with the
north boundary line of section 22,
T15N/R23E, on the Beverly map;
(2) From the beginning point proceed
straight east 1.5 miles to the intersection
of the section 23 north boundary line
and the 1,480-foot elevation line, T15N/
R23E, Beverly map; then
(3) Proceed generally east along the
meandering 1,480-foot elevation line,
pass the Beverly map, continue across
the Beverly SE map and the Smyrna
map, and pass onto the Wahatis Peak
map to the intersection of the 1,480-foot
elevation line and the eastern boundary
line of section 15, which forms a portion
of the boundary line of the Hanford Site,
T15N/R26E, Wahatis Peak map; then
(4) Proceed generally southwest along
the Hanford Site boundary in a series of
90 degree angles, crossing a portion of
section 36, T15N/R25E, on the Coyote
Rapids map, continuing across the
Vernita Bridge map, and passing onto
the Priest Rapids NE map, and continue
to the intersection of the Hanford Site
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
28865
Boundary and the north bank of the
Columbia River, section 10, T13N/R24E,
Priest Rapids NE map; then
(5) Proceed generally west along the
north bank of the Columbia River,
crossing onto the Priest Rapids map
and, turning north-northwest, continue
along the river bank and, crossing onto
the Beverly map, return to the beginning
point at the intersection of the east bank
of the Columbia River and the north
boundary line of section 22, T15N/
R23E, Beverly map.
Signed: April 27, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05–10009 Filed 5–18–05; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Notice No. 45]
RIN 1513–AB02
Proposed Establishment of the San
Antonio Valley Viticultural Area
(2004R–599P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau proposes to establish
the ‘‘San Antonio Valley’’ viticultural
area in southwest Monterey County,
California, within the existing Central
Coast viticultural area. We designate
viticultural areas to allow vintners to
better describe the origin of their wines
and allow consumers to better identify
wines they may purchase. We invite
comments on this proposed addition to
our regulations.
DATES: We must receive written
comments on or before July 18, 2005.
ADDRESSES: You may send comments to
any of the following addresses:
• Chief, Regulations and Procedures
Division, Alcohol and Tobacco Tax and
Trade Bureau, Attn: Notice No. 45, P.O.
Box 14412, Washington, DC 20044–
4412.
• 202–927–8525 (facsimile).
• nprm@ttb.gov (e-mail).
• https://www.ttb.gov/alcohol/rules/
index.htm. An online comment form is
posted with this notice on our Web site.
• https://www.regulations.gov (Federal
e-rulemaking portal; follow instructions
for submitting comments).
You may view copies of this notice,
the petition, the appropriate maps, and
E:\FR\FM\19MYP1.SGM
19MYP1
28866
Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules
any comments we receive about this
proposal by appointment at the TTB
Library, 1310 G Street, NW.,
Washington, DC 20220. To make an
appointment, call 202–927–2400. You
may also access copies of the notice and
comments online at https://www.ttb.gov/
alcohol/rules/index.htm.
See the Public Participation section of
this notice for specific instructions and
requirements for submitting comments,
and for information on how to request
a public hearing.
FOR FURTHER INFORMATION CONTACT: N.A.
Sutton, Regulations and Procedures
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville Street, No.
158, Petaluma, California 94952;
telephone 415–271–1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (the FAA Act, 27
U.S.C. 201 et seq.) requires that alcohol
beverage labels provide consumers with
adequate information regarding product
identity and prohibits the use of
misleading information on those labels.
The FAA Act also authorizes the
Secretary of the Treasury to issue
regulations to carry out its provisions.
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers these
regulations.
Part 4 of the TTB regulations (27 CFR
part 4) allows the establishment of
definitive viticultural areas and 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) contains the
list of approved viticultural areas.
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
distinguishable by geographical
features, the boundaries of which have
been recognized and defined 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
geographical origin. The establishment
of viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area is neither an approval nor an
endorsement by TTB of the wine
produced in that area.
VerDate jul<14>2003
23:41 May 18, 2005
Jkt 205001
Requirements
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
Section 9.3(b) of the TTB regulations
requires the petition to include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
geographical features, such as climate,
elevation, physical features, and soils,
that distinguish the proposed
viticultural area from surrounding areas;
• A description of the specific
boundary of the proposed viticultural
area, based on features shown on United
States Geological Survey (USGS) maps;
and
• A copy of the appropriate USGS
map(s) with the proposed viticultural
area’s boundary prominently marked.
San Antonio Valley Petition
Paul Getzelman, Paula Getzelman,
and Steve Cobb of Lockwood,
California, have petitioned TTB to
establish the ‘‘San Antonio Valley’’
viticultural area in southwest Monterey
County, California, in a valley situated
in the Santa Lucia mountain range. The
proposed area is entirely within the
existing multi-county Central Coast
viticultural area (27 CFR 9.75).
According to the petitioners, there are
approximately 235 square miles, or
150,400 acres of land, within the
proposed San Antonio Valley
viticultural area. Over 700 of these acres
are planted to vines.
Name Evidence
According to the petitioners, the name
‘‘San Antonio Valley’’ dates back to
1771 when a small party of Spanish
missionaries headed by Father Junipero
Serra entered the oak-mantled valley in
what was to become southern Monterey
County. Near the river the padre had
named ‘‘El Rio de San Antonio,’’ they
established a mission and named it
‘‘San Antonio de Padua’’ in honor of
Saint Anthony of Padua. They later
relocated the mission a couple of miles
north, at the confluence of the San
Miquel and San Antonio Rivers, because
it would be a good site for a winery.
The petitioners cite the following
reference sources as evidence of the
historical and current usage of the name
‘‘San Antonio Valley’’:
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
• ‘‘Memories of the San Antonio
Valley,’’ by Rachel Gillett, San Antonio
Valley Historical Society, 1990. Gillet
refers repeatedly to the proposed area as
‘‘San Antonio Valley.’’ She states that
the township of San Antonio was
surveyed in 1865 near the El Camino
Real or King’s highway (currently Jolon
Road). She further notes that a San
Antonio post office was operated in the
township from 1867 to 1887.
• ‘‘California Place Names; The
Origin and Etymology of Current
Geographical Names,’’ by Erwin G.
Gudde and William Bright, University
of California Press, Fourth Edition. The
authors note that the name San Antonio,
which appears in the titles of many land
grants and claims, has survived in a
number of places, including in the
names of the San Antonio River, San
Antonio Mission, San Antonio Creek,
and San Antonio Valley.
• ‘‘Monterey County Place Names, a
Geographical Dictionary,’’ by Donald
Thomas Clark, Kestrel Press, 1991. The
author writes of the San Antonio Valley,
‘‘this is the valley through which the
San Antonio River flows.’’
• Pelican Network Guide, an Internet
travel site, states the following about the
San Antonio Valley: ‘‘Nearly secret, San
Antonio Valley is an intriguing short
range destination. About two and a half
hours from Silicon Valley, yet far more
remote in history, it provides
environmental, literary, cultural, and
historical rewards. San Antonio Valley
is the setting for John Steinbeck’s ‘‘To
an Unknown God,’’ an early novel of his
spiritual and ecological themes.’’ (See
https://www.pelicannetwork.net/
getaways.sanantonio.valley.htm.)
The petitioners state that although the
valley has been known by various
names in the past 300 years, often due
to changes in ownership under the
Spanish land grant system, the name
San Antonio Valley has endured.
According to the petitioners, local
residents have long known the area as
San Antonio Valley. The name ‘‘San
Antonio’’ is used throughout the area—
the San Antonio Union School, San
Antonio Reservoir, and San Antonio
River can all be found on the USGS map
for Williams Hill, California, submitted
by the petitioners. The petitioners note
that while the southern portion of the
area is also known as Lockwood Valley,
the name ‘‘Lockwood’’ is most
accurately applied to a township in the
southern portion of the San Antonio
Valley.
Boundary Evidence
The boundaries for the proposed area
are the natural geographical boundaries
of the San Antonio Valley. The
E:\FR\FM\19MYP1.SGM
19MYP1
Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules
proposed viticultural area, which
includes approximately 150,400 acres of
flat land and gently rolling hills,
extends up the surrounding hillsides to
an elevation of approximately 2,200
feet. This valley, formed by the
watershed of the San Antonio River, is
situated in the Santa Lucia mountain
range between the Pacific coast and the
Salinas Valley. The San Antonio River
flows across the Santa Lucia range in a
southeasterly direction, then turns to
the east and flows into the Salinas
River. A dam built in the 1950s on the
river near the San Luis Obispo County
line forms San Antonio Reservoir.
The boundaries of the Fort Hunter
Liggett Military Reservation lie partially
within the proposed area. While the fort
is currently under the jurisdiction of the
United States Government, the
petitioners note that it could be sold in
the future. Because the reservation is
contiguous with the remainder of the
proposed area and shares its growing
conditions, the petitioners state it can be
considered equally suitable for
vineyards.
According to the petitioners, the San
Antonio Valley’s basin shape, elevation,
climate, and soils contribute to
significantly different growing
conditions from those found in the
adjoining areas within the large Central
Coast viticultural area. These growing
conditions are described in detail in the
following section. The petitioners note
that the Spanish missionaries, who
planted grape vines to provide
sacramental wine for the Mission, were
the first to recognize the valley’s unique
growing conditions. The Pelican
Network Guide states, ‘‘The Spaniards,
who liked the site for wine making
because of its soil and climate, were
right on the money.’’
Distinguishing Features
Elevation
The elevation of the proposed San
Antonio Valley viticultural area ranges
from 850 feet to approximately 2,200
feet. It is surrounded by the higher
Santa Lucia range (greater than 2,200
feet) to the west and south and a lower
ridge (approximately 1,500 feet) to the
north and east. According to the
petitioners, the shape and elevation of
the area results in higher daytime and
lower nighttime temperatures than in
neighboring areas with lower elevations,
such as the Monterey viticultural area
where the elevation ranges from 50 feet
to 540 feet. The petitioners state that the
daily heating-cooling cycle produced by
the proposed area’s higher elevation
allows grapes to achieve full, rich fruit
VerDate jul<14>2003
23:41 May 18, 2005
Jkt 205001
flavor and color while retaining a crisp
acidity.
Soils
According to the petitioners, the San
Antonio Valley has a distinctive soil
profile comprised of nearly 40 different
soil series, the majority of them alluvial
in nature. The remaining soils were
formed on uplands in material generally
weathered from sandstone and shale.
Current vineyards are planted on flat to
moderately sloping terrain. The
principle soil series are: Arbuckle
gravelly loam, Chamise shaly loam,
Lockwood loam and shaly loam,
Placentia sandy loam, PlacentiaArbuckle complex, Rincon clay loam,
Nacimiento silty clay loam, and
Pinnacles coarse sandy loam. As
supporting evidence, the petitioners
submitted soil data for the proposed
area from ‘‘Soil Survey of Monterey
County, California,’’ published by the
Soil Conservation Service of the U.S.
Department of Agriculture.
The petitioners note that these soils
are distinctive from the soils of
neighboring areas of Monterey County.
In the San Bernabe viticultural area (27
CFR 9,171), for example, the soils,
remnants of ancient sand dunes, are
mostly of the eolian type. The adjacent
Hames Valley viticultural area (27 CFR
9.147) has a very homogeneous soil
profile with 75 percent of the soils
derived from the Lockwood series. In
contrast, the San Antonio Valley has a
much more varied soil profile with the
majority of the soil series being alluvial
in nature.
Climate
The petitioners state that the San
Antonio Valley’s climate is much less
affected by marine air than other areas
of the Central Coast. A stable layer of
marine air typically dominates coastal
California weather, causing higher
humidity, cooler maximum
temperatures, and warmer minimum
temperatures. This effect occurs with
greater duration in valleys close to the
coast, such as Carmel Valley, Edna
Valley, Santa Ynez Valley, and lower
Salinas Valley. Its influence decreases
as one travels inland, especially in the
upper areas of the Salinas Valley.
According to the petitioners, the inland
position of the San Antonio Valley and
its basin shape act to block the intrusion
of this marine air. Only when the upper
level of atmospheric pressure deepens
the layer of marine air to greater than its
typical depth of 1,000–1,500 feet does
the San Antonio Valley experience a
marine influence. This lack of a marine
influence creates a unique microclimate
for the area, with drier, hotter days in
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
28867
summer and cooler nights in the spring
and fall.
As evidence of this climatic
distinction, the petitioners have
submitted temperature comparisons
based on data from the National
Weather Center. A comparison of
growing season average monthly
temperatures between San Antonio
Valley and nearby areas (Carmel Valley,
Gonzales, Arroyo Seco, King City, and
Paso Robles) shows that San Antonio
Valley is considerably cooler than the
other areas during April. The petitioner
states that this is due to the San Antonio
Valley’s basin shape and drier
conditions, factors they state also cause
the San Antonio Valley to experience
more frequent frost episodes. However,
from June through September the
proposed area averages warmer
temperatures than the other areas, with
the exception of Paso Robles, an area
further inland than San Antonio Valley.
The petitioners also submitted a
comparison of both total growing season
degree days and monthly degree days
for the same areas. (During the growing
season, one degree day accumulates for
each degree Fahrenheit that a day’s
average temperature is above 50 degrees,
which is the minimum temperature
required for grapevine growth. See
‘‘General Viticulture,’’ by Albert J.
Winkler, University of California Press,
1974.) These comparisons show that
San Antonio Valley typically
accumulates above 3,000 degree days for
the total growing season. Paso Robles
accumulates 3,600 degree days for the
same period, while Carmel Valley,
Gonzales, and Arroyo Seco all
accumulate fewer than 2,400 degree
days each. King City accumulates
roughly as many degrees days for the
growing season as San Antonio Valley.
However, the monthly comparison
shows that in King City the degree days
accumulate steadily through the
months, while in the San Antonio
Valley the increase and decrease in
degree days is much more dramatic,
with most of the increase occurring
during the summer months.
In addition to the temperature
comparisons described above, the
petitioners also submitted a
microclimate comparison of the San
Antonio Valley and two adjacent
viticultural areas, Paso Robles and
Hames Valley (27 CFR 9.84 and 9.147,
respectively). The data covered a twoweek period from September 16–29,
2003, and was collected at sites located
at Hunter Liggett Military Reservation
within the proposed area, at Bradley in
the Hames Valley area, and at the Paso
Robles Airport within the Paso Robles
area. The petitioners submitted the data
E:\FR\FM\19MYP1.SGM
19MYP1
28868
Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules
in the form of graphs exhibiting
differences in temperature, dew point,
humidity, and wind speeds between the
three areas.
According to the graphs, wind speeds
for the period were significantly lower
in the San Antonio Valley than in the
Hames Valley or Paso Robles. The
petitioners state that this is because the
topography of the proposed area blocks
the strongest daily afternoon winds
created by marine influence. Dew points
for the period were shown to be at least
10 degrees lower in the San Antonio
Valley than in the other areas, reflecting
the proposed area’s lower humidity. The
temperature data, according to the
petitioners, shows that the San Antonio
Valley also has a markedly different
temperature profile from either the
Hames Valley or Paso Robles. Generally,
this data shows that the proposed area
is less affected by marine air intrusions.
The petitioners noted that during times
of marine influence, the San Antonio
Valley has a much greater temperature
variance than the other areas where the
marine air moderates the temperatures.
On the other hand, they note that on
days with little marine influence, the
proposed area experiences less
temperature variation than the other
areas.
The petitioners conclude that their
evidence shows the climate in the
proposed San Antonio Valley
viticultural area to be significantly
different in regard to temperature, wind,
humidity, and degree day
accumulations from surrounding
viticultural areas. These differences,
they contend, are a reflection of the
area’s basin geography, making the
grape growing environment in the San
Antonio Valley unique relative to other
Central Coast viticultural areas.
Boundary Description
See the narrative boundary
description of the petitioned-for
viticultural area in the proposed
regulatory text published at the end of
this notice.
Maps
The petitioners provided the required
maps, and we list them below in the
proposed regulatory text.
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. If we
establish this proposed viticultural area,
its name, ‘‘San Antonio Valley,’’ will be
recognized as a name of viticultural
significance. Consequently, wine
bottlers using ‘‘San Antonio Valley’’ in
VerDate jul<14>2003
23:41 May 18, 2005
Jkt 205001
a brand name, including a trademark, or
in another label reference as to the
origin of the wine, will have to ensure
that the product is eligible to use the
viticultural area’s name as an
appellation of origin. On the other hand,
we do not believe that any single part
of the proposed viticultural name
standing alone, such as ‘‘San Antonio,’’
would have viticultural significance if
the new area is established.
Accordingly, the proposed part 9
regulatory text set forth in this
document specifies only the full ‘‘San
Antonio Valley’’ name as a term of
viticultural significance for purposes of
part 4 of the TTB regulations.
For a wine to be eligible to use as an
appellation of origin the name of a
viticultural area specified in part 9 of
the TTB regulations, at least 85 percent
of the grapes used to make the wine
must have been 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 to use the viticultural area name
as an appellation of origin 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 viticultural area name
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label. Accordingly, if a new label or a
previously approved label uses the
name ‘‘San Antonio Valley’’ for a wine
that does not meet the 85 percent
standard, the new label will not be
approved, and the previously approved
label will be subject to revocation, upon
the effective date of the approval of the
San Antonio Valley viticultural area.
Different rules apply if a wine has a
brand name containing a viticultural
area 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.
Public Participation
Comments Invited
We invite comments from interested
members of the public on whether we
should establish the proposed
viticultural area. We are also interested
in receiving comments on the
sufficiency and accuracy of the name,
boundary, climatic, and other required
information submitted in support of the
petition. Please provide any available
specific information in support of your
comments.
Because of the potential impact of the
establishment of the proposed San
Antonio Valley viticultural area on
brand labels that include the words
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
‘‘San Antonio Valley’’ as discussed
above under ‘‘Impact on Current Wine
Labels,’’ we are particularly interested
in comments regarding whether there
will be a conflict between the proposed
area name and currently used brand
names. If a commenter believes that a
conflict will arise, the comment should
describe the nature of that conflict,
including any negative economic impact
that approval of the proposed
viticultural area will have on an existing
viticultural enterprise. We are also
interested in receiving suggestions for
ways to avoid any conflicts, for example
by adopting a modified or different
name for the viticultural area.
Although TTB believes that only the
full ‘‘San Antonio Valley’’ name should
be considered to have viticultural
significance upon establishment of the
proposed new viticultural area, we also
invite comments from those who believe
that ‘‘San Antonio’’ standing alone
would have viticultural significance
upon establishment of the area.
Comments in this regard should include
documentation or other information
supporting the conclusion that use of
‘‘San Antonio’’ on a wine label could
cause consumers and vintners to
attribute to the wine in question the
quality, reputation, or other
characteristic of wine made from grapes
grown in the proposed San Antonio
Valley viticultural area.
Submitting Comments
Please submit your comments by the
closing date shown above in this notice.
Your comments must include this
notice number and your name and
mailing address. Your comments must
be legible and written in language
acceptable for public disclosure. We do
not acknowledge receipt of comments,
and we consider all comments as
originals. You may submit comments in
one of five ways.
• Mail: You may send written
comments to TTB at the address listed
in the ADDRESSES section.
• Facsimile: You may submit
comments by facsimile transmission to
202–927–8525. Faxed comments must—
(1) Be on 8.5- by 11-inch paper;
(2) Contain a legible, written
signature; and
(3) Be no more than five pages long.
This limitation assures electronic access
to our equipment. We will not accept
faxed comments that exceed five pages.
• E-mail: You may e-mail comments
to nprm@ttb.gov. Comments transmitted
by electronic mail must—
(1) Contain your e-mail address;
(2) Reference this notice number on
the subject line; and
E:\FR\FM\19MYP1.SGM
19MYP1
Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules
(3) Be legible when printed on 8.5- by
11-inch paper.
• Online form: We provide a
comment form with the online copy of
this notice on our Web site at https://
www.ttb.gov/alcohol/rules/index.htm.
Select the ‘‘Send comments via e-mail’’
link under this notice number.
• Federal e-Rulemaking Portal: To
submit comments to us via the Federal
e-rulemaking portal, visit https://
www.regulations.gov and follow the
instructions for submitting comments.
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, in light of all circumstances,
whether to hold a public hearing.
Executive Order 12866
This proposed rule is not a significant
regulatory action as defined by
Executive Order 12866, 58 FR 51735.
Therefore, it requires no regulatory
assessment.
Confidentiality
All submitted material is part of the
public record and subject to disclosure.
Do not enclose any material in your
comments that you consider
confidential or inappropriate for public
disclosure.
PART 9—AMERICAN VITICULTURAL
AREAS
Public Disclosure
You may view copies of this notice,
the petition, the appropriate maps, and
any comments we receive by
appointment at the TTB Library at 1310
G Street, NW., Washington, DC 20220.
You may also obtain copies at 20 cents
per 8.5 x 11-inch page. Contact our
librarian at the above address or
telephone 202–927–2400 to schedule an
appointment or to request copies of
comments.
For your convenience, we will post
this notice and any comments we
receive on this proposal on the TTB
Web site. We may omit voluminous
attachments or material that we
consider unsuitable for posting. In all
cases, the full comment will be available
in the TTB Library. To access the online
copy of this notice and the submitted
comments, visit https://www.ttb.gov/
alcohol/rules/index.htm. Select the
‘‘View Comments’’ link under this
notice number to view the posted
comments.
Regulatory Flexibility Act
We certify 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.
VerDate jul<14>2003
23:41 May 18, 2005
Jkt 205001
Drafting Information
Jennifer Berry of the Regulations and
Procedures Division drafted this notice.
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 1, part 9, Code of Federal
Regulations, as follows:
1. The authority citation for part 9
continues to read as follows:
Authority: 27 U.S.C. 205.
2. Amend subpart C by adding § 9.___
to read as follows:
Subpart C—Approved American
Viticultural Areas
§ 9.___
San Antonio Valley.
(a) Name. The name of the viticultural
area described in this section is ‘‘San
Antonio Valley.’’ For purposes of part 4
of this chapter, ‘‘San Antonio Valley’’ is
a term of viticultural significance.
(b) Approved Maps. The appropriate
maps for determining the boundaries of
the San Antonio Valley viticultural area
are 10 United States Geological Survey
1:24,000 scale topographic maps. They
are titled:
(1) Hames Valley, California, 1949,
photorevised 1978;
(2) Tierra Redonda Mountain,
California, 1949, photorevised 1979;
(3) Bradley, California, 1949,
photorevised 1979;
(4) Bryson, California, 1949,
photorevised 1979;
(5) Williams Hill, California, 1949,
photorevised 1979;
(6) Jolon, California, 1949;
(7) Alder Peak, California, 1995;
(8) Bear Canyon, California, 1949,
photoinspected 1972;
(9) Cosio Knob, California, 1949,
photorevised 1984; and
(10) Espinosa Canyon, California,
1949, photorevised 1979.
(c) Boundary. The San Antonio Valley
viticultural area is located in Monterey
County, California. The boundary of the
San Antonio Valley viticultural area is
as described below:
(1) On the Hames Valley map, begin
at the southeast corner of section 14,
T23S, R9E; then
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
28869
(2) Proceed southeast in a straight line
for 4 miles across sections 24 and 25,
T23S, R9E, and sections 30, 31, and 32,
T23S, R10E, and section 5, T24S, R10E,
to the southeast corner of section 5, on
the Tierra Redonda Mountain map; then
(3) Continue southeast in a straight
line for approximately 3.25 miles
through sections 9, 16, 15, and 22, T24S,
R10E, to the mid-point of the eastern
boundary of section 22 on the Bradley
map; then
(4) Proceed straight south along the
eastern boundary line of sections 22, 27,
and 34, T24S, R10E, to the MontereySan Luis Obispo County line; then
(5) Follow the Monterey-San Luis
Obispo County line west, back onto the
Tierra Redonda Mountain map, to the
southwest corner of section 34, T24S,
R9E; then
(6) Proceed northwest in a straight
line for approximately 17.25 miles,
crossing sections 33, 32, 29, 30, and 19,
T24S, R9E, and sections 24, 13, 14, 10,
9, and 4, T24S, R8E, on the Bryson map,
section 5, T24S, R8E in the southwest
corner of the Williams Hill map, section
32, T23S, and sections 23, 22, 15, and
16, T23S, R7E, on the Jolon map, to an
1,890-foot peak located approximately
2,100 feet west of section 8, T23S, R7E;
then
(7) Continue northwest in a straight
line for approximately 9.5 miles,
crossing the Alder Peak map between
Milpitas Grant and Stony Valley, and
sections 9, 4, and 5, T22S, R6E, on the
Bear Canyon map, to a 2,713-foot peak
located in section 5, T22S, R6E; then
(8) Proceed east-northeast in a straight
line for approximately 3.75 miles,
passing onto the Hunter Liggett Military
Reservation and crossing the San
Antonio River, to a 2,449-foot peak on
the Military Reservation; then
(9) Proceed northeast in a straight line
for approximately 1.5 miles, crossing
Mission Creek, across sections 30 and
29, T21S, R7E, on the Cosio Knob map
to the 2,530-foot peak of Cosio Knob;
then
(10) From Cosio Knob, proceed eastsoutheast in a straight line for
approximately 8.5 miles across sections
29, 28, 27, 26, 35, and 36, T21S, R7E,
sections 31 and 32, T21S, R8E, and
sections 5, 4, 3, and 2, T22S, R8E, on the
Espinosa Canyon map, to a 1,811-foot
peak located in section 2; then
(11) Proceed southeast in a straight
line for 10.25 miles across sections 2,
11, 12, and 13, T22S, R8E, and sections
18 and 19, T22S, R9E, on the Espinosa
Canyon map, sections 19, 30, 29, 32,
and 33, T22S, R9E, on the northwest
corner of the Williams Hills map,
sections 4, 3, 10, 11, and 14, T23S, R9E,
on the Hames Valley map, to the
E:\FR\FM\19MYP1.SGM
19MYP1
28870
Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / Proposed Rules
beginning point at the southeast corner
of section 14, T23S, R9E.
Signed: April 26, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05–10008 Filed 5–18–05; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
RIN 1513–AA55
[Notice No. 44]
Proposed Expansion of San Francisco
Bay and Central Coast Viticultural
Areas (2002R–202P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau proposes to amend its
regulations to expand by approximately
20,000 acres the San Francisco Bay
viticultural area and the Central Coast
viticultural area in California to match
the proposed boundary of an expanded
Livermore Valley viticultural area. We
designate viticultural areas to allow
bottlers to better describe the origin of
wines and allow consumers to better
identify the wines they may purchase.
We invite comments on this proposed
amendment to our regulations.
DATES: We must receive written
comments on or before July 18, 2005.
ADDRESSES: You may send comments to
any of the following addresses:
• Chief, Regulations and Procedures
Division, Alcohol and Tobacco Tax and
Trade Bureau, Attn: Notice No. 44, P.O.
Box 14412, Washington, DC 20044–
4412.
• 202–927–8525 (facsimile).
• nprm@ttb.gov (e-mail).
• https://www.ttb.gov/alcohol/rules/
index.htm. An online comment form is
posted with this notice on our Web site.
• https://www.regulations.gov (Federal
e-rulemaking portal; follow instructions
for submitting comments).
You may view copies of this notice,
the petition, the appropriate maps, and
any comments we receive about this
notice by appointment at the Alcohol
and Tobacco Tax and Trade Bureau
Library, 1310 G Street, NW.,
Washington, DC 20220. To make an
appointment, call 202–927–2400. You
may also access copies of the notice and
comments online at https://www.ttb.gov/
alcohol/rules/index.htm.
SUMMARY:
VerDate jul<14>2003
23:41 May 18, 2005
Jkt 205001
See the Public Participation section of
this notice for specific instructions and
requirements for submitting comments,
and for information on how to request
a public hearing.
FOR FURTHER INFORMATION CONTACT: N.A.
Sutton, Regulations and Procedures
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., No.
158, Petaluma, California 94952;
telephone 415–271–1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (the FAA Act, 27
U.S.C. 201 et seq.) requires that alcohol
beverage labels provide the consumer
with adequate information regarding a
product’s identity and prohibits the use
of misleading information on such
labels. The FAA Act also authorizes the
Secretary of the Treasury to issue
regulations to carry out its provisions.
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers these
regulations.
Part 4 of the TTB regulations (27 CFR
part 4) allows the establishment of
definitive viticultural areas and 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) contains the
list of approved viticultural areas.
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
distinguishable by geographical
features, the boundaries of which have
been recognized and defined 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
viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area 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 outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
Petitioners may use the same procedure
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
to request changes involving existing
viticultural areas. Section 9.3(b) of the
TTB regulations requires the petition to
include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
geographical features, such as climate,
soils, elevation, and physical features,
that distinguish the proposed
viticultural area from surrounding areas;
• A description of the specific
boundary of the proposed viticultural
area, based on features found on United
States Geological Survey (USGS) maps;
and
• A copy of the appropriate USGS
map(s) with the proposed viticultural
area’s boundary prominently marked.
San Francisco Bay and Central Coast
Expansion Petition
TTB received a petition from the
president of the Livermore Valley
Winegrowers Association proposing to
expand the existing San Francisco Bay
viticultural area (27 CFR 9.157) and the
existing Central Coast viticultural area
(27 CFR 9.75). The Association made
this request in conjunction with, and as
a consequence of, its proposed
expansion of the Livermore Valley
viticultural area (27 CFR 9.46), which is
the subject of another document
published in this issue of the Federal
Register. The petitioner, Livermore
Valley Winegrowers Association,
represents most of the vineyards and
wineries impacted by this expansion.
The Livermore Valley viticultural area
is entirely within the San Francisco Bay
viticultural area, which is, in turn,
entirely within the Central Coast
viticultural area. To retain this
configuration, the proposed Livermore
Valley expansion would require the
minor expansions of the San Francisco
Bay and Central Coast viticultural areas
proposed in this document.
Below, we summarize the evidence
presented in the petition to justify the
expansion of the San Francisco Bay and
Central Coast viticultural areas.
Rationale for the Proposed Expansion
As the petitioner notes, in the years
since the Bureau of Alcohol, Tobacco
and Firearms (ATF), TTB’s predecessor
agency, established the current
Livermore Valley viticultural area in
1982, ATF also established both the
Central Coast and San Francisco Bay
viticultural areas. Both of these
E:\FR\FM\19MYP1.SGM
19MYP1
Agencies
[Federal Register Volume 70, Number 96 (Thursday, May 19, 2005)]
[Proposed Rules]
[Pages 28865-28870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10008]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 45]
RIN 1513-AB02
Proposed Establishment of the San Antonio Valley Viticultural
Area (2004R-599P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
establish the ``San Antonio Valley'' viticultural area in southwest
Monterey County, California, within the existing Central Coast
viticultural area. We designate viticultural areas to allow vintners to
better describe the origin of their wines and allow consumers to better
identify wines they may purchase. We invite comments on this proposed
addition to our regulations.
DATES: We must receive written comments on or before July 18, 2005.
ADDRESSES: You may send comments to any of the following addresses:
Chief, Regulations and Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 45, P.O. Box 14412,
Washington, DC 20044-4412.
202-927-8525 (facsimile).
nprm@ttb.gov (e-mail).
https://www.ttb.gov/alcohol/rules/index.htm. An online
comment form is posted with this notice on our Web site.
https://www.regulations.gov (Federal e-rulemaking portal;
follow instructions for submitting comments).
You may view copies of this notice, the petition, the appropriate
maps, and
[[Page 28866]]
any comments we receive about this proposal by appointment at the TTB
Library, 1310 G Street, NW., Washington, DC 20220. To make an
appointment, call 202-927-2400. You may also access copies of the
notice and comments online at https://www.ttb.gov/alcohol/rules/
index.htm.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Regulations and
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 925
Lakeville Street, No. 158, Petaluma, California 94952; telephone 415-
271-1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide consumers with adequate information regarding product identity
and prohibits the use of misleading information on those labels. The
FAA Act also authorizes the Secretary of the Treasury to issue
regulations to carry out its provisions. The Alcohol and Tobacco Tax
and Trade Bureau (TTB) administers these regulations.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and 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) contains
the list of approved viticultural areas.
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 distinguishable by geographical features, the boundaries
of which have been recognized and defined 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 geographical origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area 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 outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.3(b) of the TTB regulations requires
the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, elevation, physical features, and soils, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features shown on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
San Antonio Valley Petition
Paul Getzelman, Paula Getzelman, and Steve Cobb of Lockwood,
California, have petitioned TTB to establish the ``San Antonio Valley''
viticultural area in southwest Monterey County, California, in a valley
situated in the Santa Lucia mountain range. The proposed area is
entirely within the existing multi-county Central Coast viticultural
area (27 CFR 9.75). According to the petitioners, there are
approximately 235 square miles, or 150,400 acres of land, within the
proposed San Antonio Valley viticultural area. Over 700 of these acres
are planted to vines.
Name Evidence
According to the petitioners, the name ``San Antonio Valley'' dates
back to 1771 when a small party of Spanish missionaries headed by
Father Junipero Serra entered the oak-mantled valley in what was to
become southern Monterey County. Near the river the padre had named
``El Rio de San Antonio,'' they established a mission and named it
``San Antonio de Padua'' in honor of Saint Anthony of Padua. They later
relocated the mission a couple of miles north, at the confluence of the
San Miquel and San Antonio Rivers, because it would be a good site for
a winery.
The petitioners cite the following reference sources as evidence of
the historical and current usage of the name ``San Antonio Valley'':
``Memories of the San Antonio Valley,'' by Rachel Gillett,
San Antonio Valley Historical Society, 1990. Gillet refers repeatedly
to the proposed area as ``San Antonio Valley.'' She states that the
township of San Antonio was surveyed in 1865 near the El Camino Real or
King's highway (currently Jolon Road). She further notes that a San
Antonio post office was operated in the township from 1867 to 1887.
``California Place Names; The Origin and Etymology of
Current Geographical Names,'' by Erwin G. Gudde and William Bright,
University of California Press, Fourth Edition. The authors note that
the name San Antonio, which appears in the titles of many land grants
and claims, has survived in a number of places, including in the names
of the San Antonio River, San Antonio Mission, San Antonio Creek, and
San Antonio Valley.
``Monterey County Place Names, a Geographical
Dictionary,'' by Donald Thomas Clark, Kestrel Press, 1991. The author
writes of the San Antonio Valley, ``this is the valley through which
the San Antonio River flows.''
Pelican Network Guide, an Internet travel site, states the
following about the San Antonio Valley: ``Nearly secret, San Antonio
Valley is an intriguing short range destination. About two and a half
hours from Silicon Valley, yet far more remote in history, it provides
environmental, literary, cultural, and historical rewards. San Antonio
Valley is the setting for John Steinbeck's ``To an Unknown God,'' an
early novel of his spiritual and ecological themes.'' (See https://
www.pelicannetwork.net/getaways.sanantonio.valley.htm.)
The petitioners state that although the valley has been known by
various names in the past 300 years, often due to changes in ownership
under the Spanish land grant system, the name San Antonio Valley has
endured. According to the petitioners, local residents have long known
the area as San Antonio Valley. The name ``San Antonio'' is used
throughout the area--the San Antonio Union School, San Antonio
Reservoir, and San Antonio River can all be found on the USGS map for
Williams Hill, California, submitted by the petitioners. The
petitioners note that while the southern portion of the area is also
known as Lockwood Valley, the name ``Lockwood'' is most accurately
applied to a township in the southern portion of the San Antonio
Valley.
Boundary Evidence
The boundaries for the proposed area are the natural geographical
boundaries of the San Antonio Valley. The
[[Page 28867]]
proposed viticultural area, which includes approximately 150,400 acres
of flat land and gently rolling hills, extends up the surrounding
hillsides to an elevation of approximately 2,200 feet. This valley,
formed by the watershed of the San Antonio River, is situated in the
Santa Lucia mountain range between the Pacific coast and the Salinas
Valley. The San Antonio River flows across the Santa Lucia range in a
southeasterly direction, then turns to the east and flows into the
Salinas River. A dam built in the 1950s on the river near the San Luis
Obispo County line forms San Antonio Reservoir.
The boundaries of the Fort Hunter Liggett Military Reservation lie
partially within the proposed area. While the fort is currently under
the jurisdiction of the United States Government, the petitioners note
that it could be sold in the future. Because the reservation is
contiguous with the remainder of the proposed area and shares its
growing conditions, the petitioners state it can be considered equally
suitable for vineyards.
According to the petitioners, the San Antonio Valley's basin shape,
elevation, climate, and soils contribute to significantly different
growing conditions from those found in the adjoining areas within the
large Central Coast viticultural area. These growing conditions are
described in detail in the following section. The petitioners note that
the Spanish missionaries, who planted grape vines to provide
sacramental wine for the Mission, were the first to recognize the
valley's unique growing conditions. The Pelican Network Guide states,
``The Spaniards, who liked the site for wine making because of its soil
and climate, were right on the money.''
Distinguishing Features
Elevation
The elevation of the proposed San Antonio Valley viticultural area
ranges from 850 feet to approximately 2,200 feet. It is surrounded by
the higher Santa Lucia range (greater than 2,200 feet) to the west and
south and a lower ridge (approximately 1,500 feet) to the north and
east. According to the petitioners, the shape and elevation of the area
results in higher daytime and lower nighttime temperatures than in
neighboring areas with lower elevations, such as the Monterey
viticultural area where the elevation ranges from 50 feet to 540 feet.
The petitioners state that the daily heating-cooling cycle produced by
the proposed area's higher elevation allows grapes to achieve full,
rich fruit flavor and color while retaining a crisp acidity.
Soils
According to the petitioners, the San Antonio Valley has a
distinctive soil profile comprised of nearly 40 different soil series,
the majority of them alluvial in nature. The remaining soils were
formed on uplands in material generally weathered from sandstone and
shale. Current vineyards are planted on flat to moderately sloping
terrain. The principle soil series are: Arbuckle gravelly loam, Chamise
shaly loam, Lockwood loam and shaly loam, Placentia sandy loam,
Placentia-Arbuckle complex, Rincon clay loam, Nacimiento silty clay
loam, and Pinnacles coarse sandy loam. As supporting evidence, the
petitioners submitted soil data for the proposed area from ``Soil
Survey of Monterey County, California,'' published by the Soil
Conservation Service of the U.S. Department of Agriculture.
The petitioners note that these soils are distinctive from the
soils of neighboring areas of Monterey County. In the San Bernabe
viticultural area (27 CFR 9,171), for example, the soils, remnants of
ancient sand dunes, are mostly of the eolian type. The adjacent Hames
Valley viticultural area (27 CFR 9.147) has a very homogeneous soil
profile with 75 percent of the soils derived from the Lockwood series.
In contrast, the San Antonio Valley has a much more varied soil profile
with the majority of the soil series being alluvial in nature.
Climate
The petitioners state that the San Antonio Valley's climate is much
less affected by marine air than other areas of the Central Coast. A
stable layer of marine air typically dominates coastal California
weather, causing higher humidity, cooler maximum temperatures, and
warmer minimum temperatures. This effect occurs with greater duration
in valleys close to the coast, such as Carmel Valley, Edna Valley,
Santa Ynez Valley, and lower Salinas Valley. Its influence decreases as
one travels inland, especially in the upper areas of the Salinas
Valley. According to the petitioners, the inland position of the San
Antonio Valley and its basin shape act to block the intrusion of this
marine air. Only when the upper level of atmospheric pressure deepens
the layer of marine air to greater than its typical depth of 1,000-
1,500 feet does the San Antonio Valley experience a marine influence.
This lack of a marine influence creates a unique microclimate for the
area, with drier, hotter days in summer and cooler nights in the spring
and fall.
As evidence of this climatic distinction, the petitioners have
submitted temperature comparisons based on data from the National
Weather Center. A comparison of growing season average monthly
temperatures between San Antonio Valley and nearby areas (Carmel
Valley, Gonzales, Arroyo Seco, King City, and Paso Robles) shows that
San Antonio Valley is considerably cooler than the other areas during
April. The petitioner states that this is due to the San Antonio
Valley's basin shape and drier conditions, factors they state also
cause the San Antonio Valley to experience more frequent frost
episodes. However, from June through September the proposed area
averages warmer temperatures than the other areas, with the exception
of Paso Robles, an area further inland than San Antonio Valley.
The petitioners also submitted a comparison of both total growing
season degree days and monthly degree days for the same areas. (During
the growing season, one degree day accumulates for each degree
Fahrenheit that a day's average temperature is above 50 degrees, which
is the minimum temperature required for grapevine growth. See ``General
Viticulture,'' by Albert J. Winkler, University of California Press,
1974.) These comparisons show that San Antonio Valley typically
accumulates above 3,000 degree days for the total growing season. Paso
Robles accumulates 3,600 degree days for the same period, while Carmel
Valley, Gonzales, and Arroyo Seco all accumulate fewer than 2,400
degree days each. King City accumulates roughly as many degrees days
for the growing season as San Antonio Valley. However, the monthly
comparison shows that in King City the degree days accumulate steadily
through the months, while in the San Antonio Valley the increase and
decrease in degree days is much more dramatic, with most of the
increase occurring during the summer months.
In addition to the temperature comparisons described above, the
petitioners also submitted a microclimate comparison of the San Antonio
Valley and two adjacent viticultural areas, Paso Robles and Hames
Valley (27 CFR 9.84 and 9.147, respectively). The data covered a two-
week period from September 16-29, 2003, and was collected at sites
located at Hunter Liggett Military Reservation within the proposed
area, at Bradley in the Hames Valley area, and at the Paso Robles
Airport within the Paso Robles area. The petitioners submitted the data
[[Page 28868]]
in the form of graphs exhibiting differences in temperature, dew point,
humidity, and wind speeds between the three areas.
According to the graphs, wind speeds for the period were
significantly lower in the San Antonio Valley than in the Hames Valley
or Paso Robles. The petitioners state that this is because the
topography of the proposed area blocks the strongest daily afternoon
winds created by marine influence. Dew points for the period were shown
to be at least 10 degrees lower in the San Antonio Valley than in the
other areas, reflecting the proposed area's lower humidity. The
temperature data, according to the petitioners, shows that the San
Antonio Valley also has a markedly different temperature profile from
either the Hames Valley or Paso Robles. Generally, this data shows that
the proposed area is less affected by marine air intrusions. The
petitioners noted that during times of marine influence, the San
Antonio Valley has a much greater temperature variance than the other
areas where the marine air moderates the temperatures. On the other
hand, they note that on days with little marine influence, the proposed
area experiences less temperature variation than the other areas.
The petitioners conclude that their evidence shows the climate in
the proposed San Antonio Valley viticultural area to be significantly
different in regard to temperature, wind, humidity, and degree day
accumulations from surrounding viticultural areas. These differences,
they contend, are a reflection of the area's basin geography, making
the grape growing environment in the San Antonio Valley unique relative
to other Central Coast viticultural areas.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioners provided the required maps, and we list them below
in the proposed regulatory text.
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. If we establish this proposed viticultural area, its
name, ``San Antonio Valley,'' will be recognized as a name of
viticultural significance. Consequently, wine bottlers using `` San
Antonio Valley'' in a brand name, including a trademark, or in another
label reference as to the origin of the wine, will have to ensure that
the product is eligible to use the viticultural area's name as an
appellation of origin. On the other hand, we do not believe that any
single part of the proposed viticultural name standing alone, such as
``San Antonio,'' would have viticultural significance if the new area
is established. Accordingly, the proposed part 9 regulatory text set
forth in this document specifies only the full ``San Antonio Valley''
name as a term of viticultural significance for purposes of part 4 of
the TTB regulations.
For a wine to be eligible to use as an appellation of origin the
name of a viticultural area specified in part 9 of the TTB regulations,
at least 85 percent of the grapes used to make the wine must have been
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 to use the viticultural area name as an appellation of origin
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 viticultural area name
appears in another reference on the label in a misleading manner, the
bottler would have to obtain approval of a new label. Accordingly, if a
new label or a previously approved label uses the name ``San Antonio
Valley'' for a wine that does not meet the 85 percent standard, the new
label will not be approved, and the previously approved label will be
subject to revocation, upon the effective date of the approval of the
San Antonio Valley viticultural area.
Different rules apply if a wine has a brand name containing a
viticultural area 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.
Public Participation
Comments Invited
We invite comments from interested members of the public on whether
we should establish the proposed viticultural area. We are also
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, climatic, and other required information submitted in
support of the petition. Please provide any available specific
information in support of your comments.
Because of the potential impact of the establishment of the
proposed San Antonio Valley viticultural area on brand labels that
include the words ``San Antonio Valley'' as discussed above under
``Impact on Current Wine Labels,'' we are particularly interested in
comments regarding whether there will be a conflict between the
proposed area name and currently used brand names. If a commenter
believes that a conflict will arise, the comment should describe the
nature of that conflict, including any negative economic impact that
approval of the proposed viticultural area will have on an existing
viticultural enterprise. We are also interested in receiving
suggestions for ways to avoid any conflicts, for example by adopting a
modified or different name for the viticultural area.
Although TTB believes that only the full ``San Antonio Valley''
name should be considered to have viticultural significance upon
establishment of the proposed new viticultural area, we also invite
comments from those who believe that ``San Antonio'' standing alone
would have viticultural significance upon establishment of the area.
Comments in this regard should include documentation or other
information supporting the conclusion that use of ``San Antonio'' on a
wine label could cause consumers and vintners to attribute to the wine
in question the quality, reputation, or other characteristic of wine
made from grapes grown in the proposed San Antonio Valley viticultural
area.
Submitting Comments
Please submit your comments by the closing date shown above in this
notice. Your comments must include this notice number and your name and
mailing address. Your comments must be legible and written in language
acceptable for public disclosure. We do not acknowledge receipt of
comments, and we consider all comments as originals. You may submit
comments in one of five ways.
Mail: You may send written comments to TTB at the address
listed in the ADDRESSES section.
Facsimile: You may submit comments by facsimile
transmission to 202-927-8525. Faxed comments must--
(1) Be on 8.5- by 11-inch paper;
(2) Contain a legible, written signature; and
(3) Be no more than five pages long. This limitation assures
electronic access to our equipment. We will not accept faxed comments
that exceed five pages.
E-mail: You may e-mail comments to nprm@ttb.gov. Comments
transmitted by electronic mail must--
(1) Contain your e-mail address;
(2) Reference this notice number on the subject line; and
[[Page 28869]]
(3) Be legible when printed on 8.5- by 11-inch paper.
Online form: We provide a comment form with the online
copy of this notice on our Web site at https://www.ttb.gov/alcohol/
rules/index.htm. Select the ``Send comments via e-mail'' link under
this notice number.
Federal e-Rulemaking Portal: To submit comments to us via
the Federal e-rulemaking portal, visit https://www.regulations.gov and
follow the instructions for submitting comments.
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, in light of all circumstances, whether to hold a public
hearing.
Confidentiality
All submitted material is part of the public record and subject to
disclosure. Do not enclose any material in your comments that you
consider confidential or inappropriate for public disclosure.
Public Disclosure
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive by appointment at the TTB Library at
1310 G Street, NW., Washington, DC 20220. You may also obtain copies at
20 cents per 8.5 x 11-inch page. Contact our librarian at the above
address or telephone 202-927-2400 to schedule an appointment or to
request copies of comments.
For your convenience, we will post this notice and any comments we
receive on this proposal on the TTB Web site. We may omit voluminous
attachments or material that we consider unsuitable for posting. In all
cases, the full comment will be available in the TTB Library. To access
the online copy of this notice and the submitted comments, visit http:/
/www.ttb.gov/alcohol/rules/index.htm. Select the ``View Comments'' link
under this notice number to view the posted comments.
Regulatory Flexibility Act
We certify 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, 58 FR 51735. Therefore, it requires
no regulatory assessment.
Drafting Information
Jennifer Berry of the Regulations and Procedures Division drafted
this notice.
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 1, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
2. Amend subpart C by adding Sec. 9.------ to read as follows:
Subpart C--Approved American Viticultural Areas
Sec. 9.------ San Antonio Valley.
(a) Name. The name of the viticultural area described in this
section is ``San Antonio Valley.'' For purposes of part 4 of this
chapter, ``San Antonio Valley'' is a term of viticultural significance.
(b) Approved Maps. The appropriate maps for determining the
boundaries of the San Antonio Valley viticultural area are 10 United
States Geological Survey 1:24,000 scale topographic maps. They are
titled:
(1) Hames Valley, California, 1949, photorevised 1978;
(2) Tierra Redonda Mountain, California, 1949, photorevised 1979;
(3) Bradley, California, 1949, photorevised 1979;
(4) Bryson, California, 1949, photorevised 1979;
(5) Williams Hill, California, 1949, photorevised 1979;
(6) Jolon, California, 1949;
(7) Alder Peak, California, 1995;
(8) Bear Canyon, California, 1949, photoinspected 1972;
(9) Cosio Knob, California, 1949, photorevised 1984; and
(10) Espinosa Canyon, California, 1949, photorevised 1979.
(c) Boundary. The San Antonio Valley viticultural area is located
in Monterey County, California. The boundary of the San Antonio Valley
viticultural area is as described below:
(1) On the Hames Valley map, begin at the southeast corner of
section 14, T23S, R9E; then
(2) Proceed southeast in a straight line for 4 miles across
sections 24 and 25, T23S, R9E, and sections 30, 31, and 32, T23S, R10E,
and section 5, T24S, R10E, to the southeast corner of section 5, on the
Tierra Redonda Mountain map; then
(3) Continue southeast in a straight line for approximately 3.25
miles through sections 9, 16, 15, and 22, T24S, R10E, to the mid-point
of the eastern boundary of section 22 on the Bradley map; then
(4) Proceed straight south along the eastern boundary line of
sections 22, 27, and 34, T24S, R10E, to the Monterey-San Luis Obispo
County line; then
(5) Follow the Monterey-San Luis Obispo County line west, back onto
the Tierra Redonda Mountain map, to the southwest corner of section 34,
T24S, R9E; then
(6) Proceed northwest in a straight line for approximately 17.25
miles, crossing sections 33, 32, 29, 30, and 19, T24S, R9E, and
sections 24, 13, 14, 10, 9, and 4, T24S, R8E, on the Bryson map,
section 5, T24S, R8E in the southwest corner of the Williams Hill map,
section 32, T23S, and sections 23, 22, 15, and 16, T23S, R7E, on the
Jolon map, to an 1,890-foot peak located approximately 2,100 feet west
of section 8, T23S, R7E; then
(7) Continue northwest in a straight line for approximately 9.5
miles, crossing the Alder Peak map between Milpitas Grant and Stony
Valley, and sections 9, 4, and 5, T22S, R6E, on the Bear Canyon map, to
a 2,713-foot peak located in section 5, T22S, R6E; then
(8) Proceed east-northeast in a straight line for approximately
3.75 miles, passing onto the Hunter Liggett Military Reservation and
crossing the San Antonio River, to a 2,449-foot peak on the Military
Reservation; then
(9) Proceed northeast in a straight line for approximately 1.5
miles, crossing Mission Creek, across sections 30 and 29, T21S, R7E, on
the Cosio Knob map to the 2,530-foot peak of Cosio Knob; then
(10) From Cosio Knob, proceed east-southeast in a straight line for
approximately 8.5 miles across sections 29, 28, 27, 26, 35, and 36,
T21S, R7E, sections 31 and 32, T21S, R8E, and sections 5, 4, 3, and 2,
T22S, R8E, on the Espinosa Canyon map, to a 1,811-foot peak located in
section 2; then
(11) Proceed southeast in a straight line for 10.25 miles across
sections 2, 11, 12, and 13, T22S, R8E, and sections 18 and 19, T22S,
R9E, on the Espinosa Canyon map, sections 19, 30, 29, 32, and 33, T22S,
R9E, on the northwest corner of the Williams Hills map, sections 4, 3,
10, 11, and 14, T23S, R9E, on the Hames Valley map, to the
[[Page 28870]]
beginning point at the southeast corner of section 14, T23S, R9E.
Signed: April 26, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-10008 Filed 5-18-05; 8:45 am]
BILLING CODE 4810-31-P