Expansion of the Russian River Valley Viticultural Area (2003R-144T), 53297-53300 [05-17758]
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Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations
The Administrative Procedure Act
does not require prior public notice and
comment on this amendment because it
relates solely to a rule of agency
organization, procedure or practice. 5
U.S.C. 553(b)(A). For this reason, the
Regulatory Flexibility Act also does not
require an initial or final regulatory
flexibility analysis. See 5 U.S.C. 603,
604. The revision does not involve the
collection of information subject to the
Paperwork Reduction Act, 44 U.S.C.
Chapter 35.
List of Subjects in 16 CFR Part 4
Administrative practice and
procedure, Freedom of Information Act,
Privacy Act, Sunshine Act.
For the reasons set forth in the
preamble, the Federal Trade
Commission amends Title 16, Chapter 1,
Subchapter A, of the Code of Federal
Regulations, as follows:
I
PART 4—MISCELLANEOUS RULES
1. The authority citation for Part 4
continues to read as follows:
I
Authority: 15 U.S.C. 46, unless otherwise
noted.
I
2. Revise § 4.14(b) to read as follows:
§ 4.14.
Conduct of business.
*
*
*
*
*
(b) A majority of the members of the
Commission in office and not recused
from participating in a matter (by virtue
of 18 U.S.C. 208 or otherwise)
constitutes a quorum for the transaction
of business in that matter.
*
*
*
*
*
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 05–17856 Filed 9–7–05; 8:45 am]
BILLING CODE 6750–01–P
A quorum * * * shall consist of three members;
provided, however, that if the number of
Commissioners in office is less than three, a
quorum shall consist of the number of members in
office; and provided further that on any matter of
business as to which the number of members in
office, minus the number of members who either
have disqualified themselves from consideration of
such matter pursuant to § 200.60 or are otherwise
disqualified from such consideration, is two, two
members shall constitute a quorum for purposes of
such matter.
17 CFR 200.41. See also Falcon Trading Group,
supra (upholding rule, in a matter decided by two
Commissioners when the SEC’s other three seats
were vacant, as an exercise of the SEC’s general
rulemaking authority). Cf. SEC v. Feminella, 947 F.
Supp. 722, 725–27 (S.D.N.Y. 1996) (also upholding
the rule, but treating it as a delegation).
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[T.D. TTB–32; Re: Notice No. 30]
RIN 1513–AA67
Expansion of the Russian River Valley
Viticultural Area (2003R–144T)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
SUMMARY: This Treasury decision
expands by 30,200 acres the existing
Russian River Valley viticultural area in
Sonoma County, California, to a total of
126,600 acres. We designate viticultural
areas to allow vintners to better describe
the origin of their wines and to allow
consumers to better identify wines they
may purchase.
DATES: Effective October 11, 2005.
FOR FURTHER INFORMATION CONTACT:
Nancy 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
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53297
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.
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.
Russian River Valley Petition and
Rulemaking
General Background
TTB received a petition from the
Russian River Valley Winegrowers, a
wine industry association based in
Fulton, California, proposing a 30,200acre expansion of the established
96,000-acre Russian River Valley
viticultural area (27 CFR 9.66). The
viticultural area, located in central
Sonoma County, California, is about 50
miles north of San Francisco.
Currently, the Russian River Valley
viticultural area boundary surrounds
areas north and west of Santa Rosa,
north of Sebastopol, east of the
Bohemian Highway (about 7 miles
inland from the Pacific coast), and south
of Healdsburg.
This viticultural area also
encompasses all of the Chalk Hill
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viticultural area (27 CFR 9.52) in its
northeastern corner and all but a small
portion of the Sonoma County Green
Valley viticultural area (27 CFR 9.57) to
its southwest.
The Russian River Valley viticultural
area is one of several viticultural areas
lying entirely within the Northern
Sonoma viticultural area (27 CFR 9.70),
which lies largely within the Sonoma
Coast viticultural area (27 CFR 9.116).
Moreover, the Northern Sonoma and
Sonoma Coast viticultural areas are both
entirely within the vast North Coast
viticultural area (27 CFR 9.30).
The 30,200-acre proposed expansion
of the Russian River Valley viticultural
area would add areas to the east and
south of the area’s originally established
boundary, bringing its total size to about
126,600 acres. The proposed expansion
would include areas with a mix of rural,
suburban, and urban land uses between
Santa Rosa and Mendocino Avenues in
Santa Rosa. To the south, the proposed
expanded boundary would incorporate
the remainder of the Sonoma County
Green Valley viticultural area, as well as
a large rural region to the west, south,
and east of Sebastopol.
Below, we summarize the evidence
presented in the petition.
Name Evidence
The proposed expansion area to the
east and south of the Russian River
Valley viticultural area is commonly
referred to as the Russian River Valley.
A State of California hydrology map
shows that the Russian River Valley,
including the proposed expansion area,
is within the Russian River Valley
watershed.
An article from the July 2002 Wine
Enthusiast magazine (page 31) described
the Russian River Valley as ‘‘the boxshaped region that extends from
Healdsburg to Santa Rosa in the east,
and from Occidental to Guerneville in
the west.’’ This description includes the
areas to be included in the proposed
eastern boundary expansion. The 1996
‘‘Wine Country’’ guidebook (page 196)
provides a ‘‘Russian River Region’’ map
that includes the east and south sides of
the proposed expanded boundary.
The Homes and Land real estate
magazine lists a ‘‘Russian River
Appellation Vineyard Estate’’ on pages
32 and 33 of Volume 18, No. 7,
published in the summer of 2002. This
estate is within the eastern portion of
the proposed expansion area.
The Wine News June/July 2002
magazine includes an article titled
‘‘Russian River Valley Pinot Noir’s
Promised Land’’ that discusses this
winegrowing area. On page 60, it notes
that the 24-acre Meredith Vineyard is
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‘‘located at the southern end of the RRV
[Russian River Valley].’’ This vineyard
is in the proposed expansion area as
well, as noted on the United States
Geological Survey Sebastopol
quadrangle map.
Boundary Evidence
Historically, agriculture in the
proposed expansion area has included
apples, prunes, cherries, berries, grapes,
and other crops. Local resident Lee
Bondi recalls that in the early 1900s his
family made wine from Palomino grapes
on their ranch in the proposed
expansion area. Dena Bondelie, also a
resident living in the proposed
expansion area, remembers her father
talking about the Zinfandel wine made
by her grandfather at their Darby Lane
property.
Tom Henderson, an area resident,
recalls that during World War II his
grandparents grew berries, corn,
pumpkins, and acorn squash to
supplement their apple crop, on their
Sander Road property. Merry Edwards,
a current resident, states that when she
first moved to the area in 1977, it was
heavily planted with apples. Today,
some of the apple and prune orchards
are being replaced with vineyards
because of changing agricultural
markets.
As of spring 2003, there were
approximately 1,070 acres planted to
grapes within the proposed expansion
area of the Russian River Valley
viticultural area, with another 200 acres
under development for commercial
viticulture purposes.
Distinguishing Features
Treasury Decision ATF–159 of
October 21, 1983 (48 FR 48813),
established the Russian River Valley
viticultural area. This Treasury Decision
stated:
The Russian River viticultural area
includes those areas through which flow the
Russian River or some of its tributaries and
where there is a significant climate effect
from coastal fogs. The specific growing
climate is the principal distinctive
characteristic of the Russian River Valley
viticultural area. The area designated is a
cool growing coastal area because of fog
intruding up the Russian River and its
tributaries during the early morning hours.
Climate
Fog is the single most unifying and
significant feature of the previously
established Russian River Valley
viticultural area. The 30,200-acre
proposed expansion area also has heavy
fog as documented by Robert Sisson,
Sonoma County Viticulture Farm
Advisor Emeritus, on his 1976 map
titled ‘‘Lines of Heaviest and Average
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Maximum Fog Intrusion for Sonoma
County.’’
The expansion petition and Treasury
Decision ATF–159 both refer to the
Winkler degree-day system, which
classifies grape-growing climatic
regions. (The degree-day system is
described as the total summation of
accumulated heat units (degrees of
temperature) that are above 50 degrees
F during each day of the typical growing
season from April to October. See
‘‘General Viticulture,’’ Albert J. Winkler,
University of California Press, 1975.) As
noted in Treasury Decision ATF–159,
‘‘The Russian River Valley viticultural
area is termed ‘‘coastal cool’’ with a
range of 2,000 to 2,800 accumulated
heat units.’’
The petition provides growing season
temperature data from 2001 for four
vineyards within the proposed
expansion area.
Vineyard
Le Carrefour .........................
Osley East ............................
Osley West ...........................
Bloomfield .............................
Degree days
(accumulated
heat units)
2,636
2,567
2,084
2,332
The table above shows that the degree
days for all four vineyards fall within
the 2,000 to 2,800 accumulated heat
units range of Winkler’s ‘‘coastal cool’’
climate. The evidence confirms that
these vineyards in the proposed
expansion area have the same grapegrowing climate as found within the
originally established Russian River
Valley viticultural area.
Elevation
The terrain of the proposed expansion
area ranges in elevation from about 70
feet east of Sebastopol, to around 800
feet to the west, toward Occidental.
These elevations are similar to those
found within most of the originally
established Russian River Valley
viticultural area.
Soils
There is a similar range and diversity
of soils in the proposed expansion area
and in the originally established
Russian River Valley viticultural area.
Although Treasury Decision ATF–159
does not identify unique soils within
the originally established viticultural
area, the similarity of soils is
documented on the Sonoma County Soil
Survey maps (Department of
Agriculture, Soil Conservation Service,
U.S. Forest Service, and University of
California Agricultural Experiment
Station, undated) on survey sheets 65,
66, 73, 74, 80, 82, 88, 89, 96, and 97.
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The predominant soils within the
proposed expansion area include
Huichica Loam, Yolo Clay Loam, and
Yolo Silt Loam. These soils are depicted
on sheet 74 of the Sonoma County Soil
Survey. The same soils are also present
in the northern region vineyards of the
current Russian River Valley viticultural
area, as documented on pages 57 and 66
of the soil survey.
Watershed
The Russian River watershed, unit
#18010110, as depicted on the 1978
State of California Hydrology map,
covers the Russian River Valley
viticultural area and the proposed
expansion area. Specifically, the
watershed extends from the southern
part of Lake Mendocino to Sonoma
Mountain, and from the west side of Mt.
St. Helena to Jenner, where the Russian
River meets the Pacific Ocean. Treasury
Decision, ATF–159 states that the
Russian River Valley viticultural area
‘‘includes those areas through which
flow the Russian River or some of its
tributaries.’’
Boundary Description
The proposed expanded boundary
deviates from the established boundary
at a point east of Highway 101, along
Mark West Springs Road. From that
point, the expanded boundary line, in a
clockwise direction, travels south to
Todd Road in Santa Rosa. It then
meanders west, with a southward bulge
south of Sebastopol that incorporates
the crossroads hamlet of Knowles
Corners. Passing north of the town of
Bloomfield, the proposed expanded
boundary continues northwest of
Freestone, where it rejoins the originally
established boundary.
For a detailed description of the
proposed change to the Russian River
Valley’s boundary, see the changes to
the narrative boundary description of
the viticultural area in the amended
regulatory text published at the end of
this notice.
Maps
The petitioner provided the required
maps, and we list them below in the
amended regulatory text.
Notice of Proposed Rulemaking
TTB published a notice of proposed
rulemaking regarding the proposed
expansion of the Russian River Valley
viticultural area in the Federal Register
as Notice No. 30 on January 31, 2005 (70
FR 4797). In that notice, TTB requested
comments by April 1, 2005, from all
interested persons.
TTB received three comments in
response to Notice No. 30. One
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commenter requested an additional 90
days to study the petition but then
withdrew the request shortly after
submitting it. Two other comments
supported the viticultural area
expansion. One of the supporting
comments indicates that the expansion
of the original Russian River Valley
viticultural area corrects the ‘‘previously
illogical boundaries’’ designated by the
1983 establishment of the Russian River
Valley viticultural area. The other
supportive comment states that the
proposed expansion more accurately
takes into account the natural
boundaries and the unique climate of
the Russian River Valley viticultural
area.
TTB Finding
After careful review of the petition
and the comments received, TTB finds
that the evidence submitted supports
the proposed expansion of the Russian
River Valley viticultural area. Therefore,
under the authority of the Federal
Alcohol Administration Act and part 4
of our regulations, we expand the
boundaries of the ‘‘Russian River
Valley’’ viticultural area in Sonoma
County, California, as proposed,
effective 30 days from this document’s
publication date.
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. The
proposed expansion of the Russian
River Valley viticultural area will not
affect currently approved wine labels.
The adoption of this expansion may
allow additional vintners to use
‘‘Russian River Valley’’ as an
appellation of origin on their wine
labels. 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). 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.
Regulatory Flexibility Act
We certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
This regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
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53299
area name is 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 rule is not a significant
regulatory action as defined by
Executive Order 12866 (58 FR 51735).
Therefore, it requires no regulatory
assessment.
Drafting Information
Nancy Sutton of the Regulations and
Procedures Division drafted this
document.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, we amend 27 CFR, chapter 1,
part 9, as follows:
I
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
I
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Amend § 9.66 by revising
paragraphs (b) and (c)(8) through (c)(14),
redesignating paragraphs (c)(15) through
(c)(26) as (c)(23) through (c)(34), and
adding new paragraphs (c)(15) through
(c)(22) to read as follows:
I
§ 9.66
Russian River Valley.
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(b) Approved maps. The appropriate
maps for determining the boundaries of
the Russian River Valley viticultural
area are 11 United States Geological
Survey 1:24,000 Scale topographic
maps. They are titled:
(1) Healdsburg, California
Quadrangle—Sonoma Co., 7.5 Minute
Series, edition of 1993;
(2) Guerneville, California
Quadrangle—Sonoma Co., 7.5 Minute
Series, edition of 1993;
(3) Cazadero, California Quadrangle—
Sonoma Co., 7.5 Minute Series, edition
of 1978;
(4) Duncans Mills California
Quadrangle—Sonoma Co., 7.5 Minute
Series, edition of 1979;
(5) Camp Meeker, California
Quadrangle—Sonoma Co., 7.5 Minute
Series, edition of 1995;
(6) Valley Ford, California
Quadrangle, 7.5 Minute Series, edition
of 1954; photorevised 1971;
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(7) Two Rock, California Quadrangle,
7.5 Minute Series, edition of 1954;
photorevised 1971;
(8) Sebastopol, California
Quadrangle—Sonoma Co., 7.5 Minute
Series, edition of 1954; photorevised
1980;
(9) Santa Rosa, California
Quadrangle—Sonoma Co., 7.5 Minute
Series, edition of 1954; and
(10) Mark West Springs, California
Quadrangle, 7.5 Minute Series, edition
of 1998, and
(11) Jimtown, California Quadrangle—
Sonoma Co., 7.5 Minute Series, edition
of 1993.
(c) Boundaries. * * *
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*
*
*
(8) Proceed southeast along the
Bohemian Highway, crossing over the
Camp Meeker map, to the town of
Freestone, where the highway intersects
at BM 214 with an unnamed mediumduty road (known locally as Bodega
Road, section 12, T6N, R10W, on the
Valley Ford map).
(9) Proceed 0.9 mile northeast on
Bodega Road to its intersection, at BM
486, with Jonvive Road to the north and
an unnamed light duty road to the
south, (known locally as Barnett Valley
Road, T6N, R9W, on the Camp Meeker
map).
(10) Proceed 2.2 miles south, and then
east, on Barnett Valley Road, crossing
over the Valley Ford map, to its
intersection with Burnside Road in
section 17, T6N, R9W, on the Two Rock
map.
(11) Proceed 3.3 miles southeast on
Burnside Road to its intersection with
an unnamed medium duty road at BM
375, T6N, R9W, on the Two Rock map.
(12) Proceed 0.6 mile straight
southeast to an unnamed 610-foot
elevation peak, 1.5 miles southwest of
Canfield School, T6N, R9W, on the Two
Rock map.
(13) Proceed 0.75 mile straight eastsoutheast to an unnamed 641-foot
elevation peak, 1.4 miles southsouthwest of Canfield School, T6N,
R9W, on the Two Rock map.
(14) Proceed 0.85 mile straight
northeast to the intersection with an
unnamed intermittent stream and
Canfield Road; continue 0.3 mile
straight in the same northeast line of
direction to its intersection with the
common boundary of Ranges 8 and 9,
just west of an unnamed unimproved
dirt road, T6N, on the Two Rock map.
(15) Proceed 1.8 miles straight north
along the common Range 8 and 9
boundary line to its intersection with
Blucher Creek, T6N, on the Two Rock
map.
(16) Proceed 1.25 miles generally
northeast along Blucher Creek to its
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intersection with Highway 116, also
known as Gravenstein Highway, in
section 18, T6N, R8W, on the Two Rock
map.
(17) Proceed 0.2 mile straight
southeast along Highway 116 to its
intersection with an unnamed light duty
road to the north in section 18, T6N,
R8W, on the Two Rock map.
(18) Proceed 0.1 mile straight
northwest along the unnamed light duty
road to its intersection with an
unnamed medium-duty road to the east,
(known as Todd Road in section 18,
T6N, R8W, on the Two Rock map).
(19) Proceed 4.8 miles east, north, and
east again along Todd Road, a mediumduty road, crossing over the Sebastopol
map and then passing over U.S.
Highway 101 and continuing straight
east 0.1 mile to Todd Road’s
intersection with Santa Rosa Avenue, a
primary road that is generally parallel to
U.S. Highway 101, in section 2, T6N,
R8W, on the Santa Rosa map.
(20) Proceed 5.8 miles generally north
along Santa Rosa Avenue, which
becomes Mendocino Avenue, to its
intersection with an unnamed
secondary road, known locally as
Bicentennial Way, 0.3 mile northnorthwest of BM 161 on Mendocino
Avenue, section 11, T7N, R8W, on the
Santa Rosa map.
(21) Proceed 2.5 miles straight north,
crossing over the 906-foot elevation
peak in section 35 of the Santa Rosa
map, to its intersection with Mark West
Springs Road and the meandering 280foot elevation in section 26, T8N, R8W,
of the Mark West Springs map.
(22) Proceed 4.8 miles northnorthwest along Mark West Springs
Road, which becomes Porter Creek
Road, to its intersection with Franz
Valley Road, a light-duty road to the
north of Porter Creek Road, in section
12, T8N, R8W, on the Mark West
Springs map.
*
*
*
*
*
Signed: July 6, 2005.
John J. Manfreda,
Administrator.
Approved: August 12, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 05–17758 Filed 9–7–05; 8:45 am]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[T.D. TTB–33; Re: Notice No. 33]
RIN 1513–AA97
Establishment of the Niagara
Escarpment Viticultural Area (2004R–
589P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
SUMMARY: This Treasury decision
establishes the Niagara Escarpment
viticultural area in Niagara County, New
York. We designate viticultural areas to
allow vintners to better describe the
origin of their wines and to allow
consumers to better identify wines they
may purchase.
DATES: Effective October 11, 2005.
FOR FURTHER INFORMATION CONTACT:
Nancy 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
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]]>Agencies
[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Rules and Regulations]
[Pages 53297-53300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17758]
=======================================================================
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-32; Re: Notice No. 30]
RIN 1513-AA67
Expansion of the Russian River Valley Viticultural Area (2003R-
144T)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision expands by 30,200 acres the existing
Russian River Valley viticultural area in Sonoma County, California, to
a total of 126,600 acres. We designate viticultural areas to allow
vintners to better describe the origin of their wines and to allow
consumers to better identify wines they may purchase.
DATES: Effective October 11, 2005.
FOR FURTHER INFORMATION CONTACT: Nancy 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 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, 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.
Russian River Valley Petition and Rulemaking
General Background
TTB received a petition from the Russian River Valley Winegrowers,
a wine industry association based in Fulton, California, proposing a
30,200-acre expansion of the established 96,000-acre Russian River
Valley viticultural area (27 CFR 9.66). The viticultural area, located
in central Sonoma County, California, is about 50 miles north of San
Francisco.
Currently, the Russian River Valley viticultural area boundary
surrounds areas north and west of Santa Rosa, north of Sebastopol, east
of the Bohemian Highway (about 7 miles inland from the Pacific coast),
and south of Healdsburg.
This viticultural area also encompasses all of the Chalk Hill
[[Page 53298]]
viticultural area (27 CFR 9.52) in its northeastern corner and all but
a small portion of the Sonoma County Green Valley viticultural area (27
CFR 9.57) to its southwest.
The Russian River Valley viticultural area is one of several
viticultural areas lying entirely within the Northern Sonoma
viticultural area (27 CFR 9.70), which lies largely within the Sonoma
Coast viticultural area (27 CFR 9.116). Moreover, the Northern Sonoma
and Sonoma Coast viticultural areas are both entirely within the vast
North Coast viticultural area (27 CFR 9.30).
The 30,200-acre proposed expansion of the Russian River Valley
viticultural area would add areas to the east and south of the area's
originally established boundary, bringing its total size to about
126,600 acres. The proposed expansion would include areas with a mix of
rural, suburban, and urban land uses between Santa Rosa and Mendocino
Avenues in Santa Rosa. To the south, the proposed expanded boundary
would incorporate the remainder of the Sonoma County Green Valley
viticultural area, as well as a large rural region to the west, south,
and east of Sebastopol.
Below, we summarize the evidence presented in the petition.
Name Evidence
The proposed expansion area to the east and south of the Russian
River Valley viticultural area is commonly referred to as the Russian
River Valley. A State of California hydrology map shows that the
Russian River Valley, including the proposed expansion area, is within
the Russian River Valley watershed.
An article from the July 2002 Wine Enthusiast magazine (page 31)
described the Russian River Valley as ``the box-shaped region that
extends from Healdsburg to Santa Rosa in the east, and from Occidental
to Guerneville in the west.'' This description includes the areas to be
included in the proposed eastern boundary expansion. The 1996 ``Wine
Country'' guidebook (page 196) provides a ``Russian River Region'' map
that includes the east and south sides of the proposed expanded
boundary.
The Homes and Land real estate magazine lists a ``Russian River
Appellation Vineyard Estate'' on pages 32 and 33 of Volume 18, No. 7,
published in the summer of 2002. This estate is within the eastern
portion of the proposed expansion area.
The Wine News June/July 2002 magazine includes an article titled
``Russian River Valley Pinot Noir's Promised Land'' that discusses this
winegrowing area. On page 60, it notes that the 24-acre Meredith
Vineyard is ``located at the southern end of the RRV [Russian River
Valley].'' This vineyard is in the proposed expansion area as well, as
noted on the United States Geological Survey Sebastopol quadrangle map.
Boundary Evidence
Historically, agriculture in the proposed expansion area has
included apples, prunes, cherries, berries, grapes, and other crops.
Local resident Lee Bondi recalls that in the early 1900s his family
made wine from Palomino grapes on their ranch in the proposed expansion
area. Dena Bondelie, also a resident living in the proposed expansion
area, remembers her father talking about the Zinfandel wine made by her
grandfather at their Darby Lane property.
Tom Henderson, an area resident, recalls that during World War II
his grandparents grew berries, corn, pumpkins, and acorn squash to
supplement their apple crop, on their Sander Road property. Merry
Edwards, a current resident, states that when she first moved to the
area in 1977, it was heavily planted with apples. Today, some of the
apple and prune orchards are being replaced with vineyards because of
changing agricultural markets.
As of spring 2003, there were approximately 1,070 acres planted to
grapes within the proposed expansion area of the Russian River Valley
viticultural area, with another 200 acres under development for
commercial viticulture purposes.
Distinguishing Features
Treasury Decision ATF-159 of October 21, 1983 (48 FR 48813),
established the Russian River Valley viticultural area. This Treasury
Decision stated:
The Russian River viticultural area includes those areas through
which flow the Russian River or some of its tributaries and where
there is a significant climate effect from coastal fogs. The
specific growing climate is the principal distinctive characteristic
of the Russian River Valley viticultural area. The area designated
is a cool growing coastal area because of fog intruding up the
Russian River and its tributaries during the early morning hours.
Climate
Fog is the single most unifying and significant feature of the
previously established Russian River Valley viticultural area. The
30,200-acre proposed expansion area also has heavy fog as documented by
Robert Sisson, Sonoma County Viticulture Farm Advisor Emeritus, on his
1976 map titled ``Lines of Heaviest and Average Maximum Fog Intrusion
for Sonoma County.''
The expansion petition and Treasury Decision ATF-159 both refer to
the Winkler degree-day system, which classifies grape-growing climatic
regions. (The degree-day system is described as the total summation of
accumulated heat units (degrees of temperature) that are above 50
degrees F during each day of the typical growing season from April to
October. See ``General Viticulture,'' Albert J. Winkler, University of
California Press, 1975.) As noted in Treasury Decision ATF-159, ``The
Russian River Valley viticultural area is termed ``coastal cool'' with
a range of 2,000 to 2,800 accumulated heat units.''
The petition provides growing season temperature data from 2001 for
four vineyards within the proposed expansion area.
------------------------------------------------------------------------
Degree days
Vineyard (accumulated
heat units)
------------------------------------------------------------------------
Le Carrefour............................................ 2,636
Osley East.............................................. 2,567
Osley West.............................................. 2,084
Bloomfield.............................................. 2,332
------------------------------------------------------------------------
The table above shows that the degree days for all four vineyards
fall within the 2,000 to 2,800 accumulated heat units range of
Winkler's ``coastal cool'' climate. The evidence confirms that these
vineyards in the proposed expansion area have the same grape-growing
climate as found within the originally established Russian River Valley
viticultural area.
Elevation
The terrain of the proposed expansion area ranges in elevation from
about 70 feet east of Sebastopol, to around 800 feet to the west,
toward Occidental. These elevations are similar to those found within
most of the originally established Russian River Valley viticultural
area.
Soils
There is a similar range and diversity of soils in the proposed
expansion area and in the originally established Russian River Valley
viticultural area. Although Treasury Decision ATF-159 does not identify
unique soils within the originally established viticultural area, the
similarity of soils is documented on the Sonoma County Soil Survey maps
(Department of Agriculture, Soil Conservation Service, U.S. Forest
Service, and University of California Agricultural Experiment Station,
undated) on survey sheets 65, 66, 73, 74, 80, 82, 88, 89, 96, and 97.
[[Page 53299]]
The predominant soils within the proposed expansion area include
Huichica Loam, Yolo Clay Loam, and Yolo Silt Loam. These soils are
depicted on sheet 74 of the Sonoma County Soil Survey. The same soils
are also present in the northern region vineyards of the current
Russian River Valley viticultural area, as documented on pages 57 and
66 of the soil survey.
Watershed
The Russian River watershed, unit 18010110, as depicted on
the 1978 State of California Hydrology map, covers the Russian River
Valley viticultural area and the proposed expansion area. Specifically,
the watershed extends from the southern part of Lake Mendocino to
Sonoma Mountain, and from the west side of Mt. St. Helena to Jenner,
where the Russian River meets the Pacific Ocean. Treasury Decision,
ATF-159 states that the Russian River Valley viticultural area
``includes those areas through which flow the Russian River or some of
its tributaries.''
Boundary Description
The proposed expanded boundary deviates from the established
boundary at a point east of Highway 101, along Mark West Springs Road.
From that point, the expanded boundary line, in a clockwise direction,
travels south to Todd Road in Santa Rosa. It then meanders west, with a
southward bulge south of Sebastopol that incorporates the crossroads
hamlet of Knowles Corners. Passing north of the town of Bloomfield, the
proposed expanded boundary continues northwest of Freestone, where it
rejoins the originally established boundary.
For a detailed description of the proposed change to the Russian
River Valley's boundary, see the changes to the narrative boundary
description of the viticultural area in the amended regulatory text
published at the end of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the amended regulatory text.
Notice of Proposed Rulemaking
TTB published a notice of proposed rulemaking regarding the
proposed expansion of the Russian River Valley viticultural area in the
Federal Register as Notice No. 30 on January 31, 2005 (70 FR 4797). In
that notice, TTB requested comments by April 1, 2005, from all
interested persons.
TTB received three comments in response to Notice No. 30. One
commenter requested an additional 90 days to study the petition but
then withdrew the request shortly after submitting it. Two other
comments supported the viticultural area expansion. One of the
supporting comments indicates that the expansion of the original
Russian River Valley viticultural area corrects the ``previously
illogical boundaries'' designated by the 1983 establishment of the
Russian River Valley viticultural area. The other supportive comment
states that the proposed expansion more accurately takes into account
the natural boundaries and the unique climate of the Russian River
Valley viticultural area.
TTB Finding
After careful review of the petition and the comments received, TTB
finds that the evidence submitted supports the proposed expansion of
the Russian River Valley viticultural area. Therefore, under the
authority of the Federal Alcohol Administration Act and part 4 of our
regulations, we expand the boundaries of the ``Russian River Valley''
viticultural area in Sonoma County, California, as proposed, effective
30 days from this document's publication date.
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. The proposed expansion of the Russian River Valley
viticultural area will not affect currently approved wine labels. The
adoption of this expansion may allow additional vintners to use
``Russian River Valley'' as an appellation of origin on their wine
labels. 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).
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.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is 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 rule is not a significant regulatory action as defined by
Executive Order 12866 (58 FR 51735). Therefore, it requires no
regulatory assessment.
Drafting Information
Nancy Sutton of the Regulations and Procedures Division drafted
this document.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1,
part 9, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Amend Sec. 9.66 by revising paragraphs (b) and (c)(8) through
(c)(14), redesignating paragraphs (c)(15) through (c)(26) as (c)(23)
through (c)(34), and adding new paragraphs (c)(15) through (c)(22) to
read as follows:
Sec. 9.66 Russian River Valley.
* * * * *
(b) Approved maps. The appropriate maps for determining the
boundaries of the Russian River Valley viticultural area are 11 United
States Geological Survey 1:24,000 Scale topographic maps. They are
titled:
(1) Healdsburg, California Quadrangle--Sonoma Co., 7.5 Minute
Series, edition of 1993;
(2) Guerneville, California Quadrangle--Sonoma Co., 7.5 Minute
Series, edition of 1993;
(3) Cazadero, California Quadrangle--Sonoma Co., 7.5 Minute Series,
edition of 1978;
(4) Duncans Mills California Quadrangle--Sonoma Co., 7.5 Minute
Series, edition of 1979;
(5) Camp Meeker, California Quadrangle--Sonoma Co., 7.5 Minute
Series, edition of 1995;
(6) Valley Ford, California Quadrangle, 7.5 Minute Series, edition
of 1954; photorevised 1971;
[[Page 53300]]
(7) Two Rock, California Quadrangle, 7.5 Minute Series, edition of
1954; photorevised 1971;
(8) Sebastopol, California Quadrangle--Sonoma Co., 7.5 Minute
Series, edition of 1954; photorevised 1980;
(9) Santa Rosa, California Quadrangle--Sonoma Co., 7.5 Minute
Series, edition of 1954; and
(10) Mark West Springs, California Quadrangle, 7.5 Minute Series,
edition of 1998, and
(11) Jimtown, California Quadrangle--Sonoma Co., 7.5 Minute Series,
edition of 1993.
(c) Boundaries. * * *
* * * * *
(8) Proceed southeast along the Bohemian Highway, crossing over the
Camp Meeker map, to the town of Freestone, where the highway intersects
at BM 214 with an unnamed medium-duty road (known locally as Bodega
Road, section 12, T6N, R10W, on the Valley Ford map).
(9) Proceed 0.9 mile northeast on Bodega Road to its intersection,
at BM 486, with Jonvive Road to the north and an unnamed light duty
road to the south, (known locally as Barnett Valley Road, T6N, R9W, on
the Camp Meeker map).
(10) Proceed 2.2 miles south, and then east, on Barnett Valley
Road, crossing over the Valley Ford map, to its intersection with
Burnside Road in section 17, T6N, R9W, on the Two Rock map.
(11) Proceed 3.3 miles southeast on Burnside Road to its
intersection with an unnamed medium duty road at BM 375, T6N, R9W, on
the Two Rock map.
(12) Proceed 0.6 mile straight southeast to an unnamed 610-foot
elevation peak, 1.5 miles southwest of Canfield School, T6N, R9W, on
the Two Rock map.
(13) Proceed 0.75 mile straight east-southeast to an unnamed 641-
foot elevation peak, 1.4 miles south-southwest of Canfield School, T6N,
R9W, on the Two Rock map.
(14) Proceed 0.85 mile straight northeast to the intersection with
an unnamed intermittent stream and Canfield Road; continue 0.3 mile
straight in the same northeast line of direction to its intersection
with the common boundary of Ranges 8 and 9, just west of an unnamed
unimproved dirt road, T6N, on the Two Rock map.
(15) Proceed 1.8 miles straight north along the common Range 8 and
9 boundary line to its intersection with Blucher Creek, T6N, on the Two
Rock map.
(16) Proceed 1.25 miles generally northeast along Blucher Creek to
its intersection with Highway 116, also known as Gravenstein Highway,
in section 18, T6N, R8W, on the Two Rock map.
(17) Proceed 0.2 mile straight southeast along Highway 116 to its
intersection with an unnamed light duty road to the north in section
18, T6N, R8W, on the Two Rock map.
(18) Proceed 0.1 mile straight northwest along the unnamed light
duty road to its intersection with an unnamed medium-duty road to the
east, (known as Todd Road in section 18, T6N, R8W, on the Two Rock
map).
(19) Proceed 4.8 miles east, north, and east again along Todd Road,
a medium-duty road, crossing over the Sebastopol map and then passing
over U.S. Highway 101 and continuing straight east 0.1 mile to Todd
Road's intersection with Santa Rosa Avenue, a primary road that is
generally parallel to U.S. Highway 101, in section 2, T6N, R8W, on the
Santa Rosa map.
(20) Proceed 5.8 miles generally north along Santa Rosa Avenue,
which becomes Mendocino Avenue, to its intersection with an unnamed
secondary road, known locally as Bicentennial Way, 0.3 mile north-
northwest of BM 161 on Mendocino Avenue, section 11, T7N, R8W, on the
Santa Rosa map.
(21) Proceed 2.5 miles straight north, crossing over the 906-foot
elevation peak in section 35 of the Santa Rosa map, to its intersection
with Mark West Springs Road and the meandering 280-foot elevation in
section 26, T8N, R8W, of the Mark West Springs map.
(22) Proceed 4.8 miles north-northwest along Mark West Springs
Road, which becomes Porter Creek Road, to its intersection with Franz
Valley Road, a light-duty road to the north of Porter Creek Road, in
section 12, T8N, R8W, on the Mark West Springs map.
* * * * *
Signed: July 6, 2005.
John J. Manfreda,
Administrator.
Approved: August 12, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-17758 Filed 9-7-05; 8:45 am]
BILLING CODE 4810-31-P
