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]


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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
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