Establishment of the Ramona Valley Viticultural Area (2003R-375P), 72717-72720 [05-23684]
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Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations
(b) Approved Maps. The appropriate
maps for determining the boundaries of
the Texoma viticultural area are two
United States Geological Survey,
1:250,000 scale, topographic maps. They
are titled:
(1) Sherman, Texas; Oklahoma, 1954,
revised 1977; and
(2) Texarkana, Tex.; Ark.; Okla.; La.,
1953, revised 1972.
(c) Boundary. The Texoma viticultural
area is located in Montague, Cooke,
Grayson, and Fannin Counties, Texas.
The boundary is defined as follows:
(1) The beginning point is the
northwest corner of Montague County
(at the Red River, which is also the
Texas-Oklahoma State line) on the
Sherman map. From this point, the
boundary line:
(2) Follows the Red River eastward
along the Texas-Oklahoma State line,
passes onto the Texarkana map, and
continues to the northeast corner of
Fannin County; then
(3) Continues southward along the
eastern Fannin County line to a point
approximately three miles west of Petty,
Texas, where a power line shown on the
Texarkana map crosses the county line;
then
(4) Continues southwest in a straight
line for approximately 13 miles to the
intersection of State Routes 34/50 and
State Route 64 at Ladonia, Texas; then
(5) Follows State Route 34 west to its
intersection with State Route 68; then
(6) Continues west-southwesterly in a
straight line from that intersection to the
intersection of U.S. Highway 69 and
State Route 78 at Leonard, Texas, on the
Sherman map; then
(7) Continues northwest on U.S.
Highway 69 for approximately 6 miles
to the intersection of U.S. Highway 69
and State Route 121 at Trenton, Texas;
then
(8) Continues westerly in a straight
line to the intersection of State Routes
160 and 121, and then continues west
on State Route 121 to its intersection
with U.S. Highway 75 at Van Alstyne,
Texas; then
(9) Continues south along U.S.
Highway 75 to the Grayson County line;
then
(10) Continues west along the
southern Grayson County line and then
the southern Cooke County line to the
county line’s intersection with Interstate
35; then
(11) Continues north along Interstate
35 to its intersection with State Route
922 in Valley View, Texas; then
(12) Follows State Route 922 west for
approximately 17 miles to Rosston,
Texas; then
(13) Continues west-southwest from
Rosston in a straight line for
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approximately 19 miles to the
intersection of U.S. Highway 287 and
State Route 101 at Sunset, Texas; then
(14) Follows U.S. 287 northwest
approximately 17 miles to the western
Montague County line; and
(15) Continues north along the
western Montague County line to the
beginning point at the northwest corner
of Montague County.
Signed: September 28, 2005.
John J. Manfreda,
Administrator.
Approved: November 3, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 05–23683 Filed 12–6–05; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[T.D. TTB–39; Re: Notice No. 38]
RIN 1513–AA94
Establishment of the Ramona Valley
Viticultural Area (2003R–375P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
SUMMARY: This Treasury decision
establishes the 89,000-acre Ramona
Valley viticultural area in central San
Diego County, California. The proposed
area is entirely within the established
South Coast viticultural area. 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 Date: January 6, 2006.
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
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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.
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.
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Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations
Ramona Valley Petition and
Rulemaking
General Background
TTB received a petition from the
Ramona Vineyard Association of
Ramona, California, proposing to
establish the Ramona Valley viticultural
area in central San Diego County,
California. Surrounding the town of
Ramona, the proposed viticultural area
is located 28 miles northeast of the city
of San Diego, and is entirely within the
established, multi-county South Coast
viticultural area (27 CFR 9.104). In
addition, the Ramona Valley area is
south of two other viticultural areas,
Temecula Valley (27 CFR 9.50) and San
Pasqual Valley (27 CFR 9.25), both
within the South Coast viticultural area.
The proposed 89,000-acre Ramona
Valley viticultural area contains 17
vineyards currently cultivating an
estimated 45 acres of wine grapes.
The distinguishing factors of the
proposed Ramona Valley viticultural
area include its elevation, which
contrasts with the surrounding areas,
and climatic factors related to its
elevation and inland location. Oriented
west-southwest to east-northeast, the
proposed area is roughly centered in the
town of Ramona and is about 14.5 miles
long and 9.5 miles wide.
Below, we summarize the evidence
presented in the petition.
Name Evidence
Californians have used the ‘‘Ramona
Valley’’ name for at least a century. In
1906, historian Ed Fletcher wrote ‘‘An
Auto Trip Through San Diego’s Back
Country.’’ As republished in the spring
1969 issue of the Journal of San Diego
History, the auto trip article makes
several references to Ramona Valley and
its geography, climate, and agricultural
potential. Mr. Fletcher states, ‘‘The
higher valley lands can easily be
covered with water from the mountain
streams, but a railroad is absolutely
necessary, and when it does come,
Ramona Valley will be heard from.’’
In 1963, Richard F. Pourade wrote
‘‘The Silver Dons 1833–1865,’’ found in
volume three of ‘‘The History of San
Diego.’’ He describes the difficulty of
reaching the Ramona Valley by different
routes during its settlement. Mr.
Pourade writes, ‘‘Both routes had
difficult climbs, the San Pasqual route at
the San Pasqual hill and the Lakeside
route in the last mile before reaching the
Ramona Valley.’’
In 1961, Clarence Woodson wrote
‘‘Tea-Kettle Days,’’ published in the San
Diego Historical Society Quarterly,
volume 7, number 4, October 1961. He
explained, ‘‘My grandfather, Dr. M. C.
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Woodson served as a surgeon in the
Confederate Army, and a few years after
the Civil War he brought my father and
the rest of the family out to California
from Paducah, Ky. He homesteaded
land in the Ramona Valley in 1873
* * *.’’
The proposed Ramona Valley
viticultural area surrounds the
unincorporated town of Ramona in San
Diego County, which lies in a flat, broad
valley largely isolated by the
surrounding hills and mountains.
Several businesses within the proposed
viticultural area use ‘‘Ramona Valley’’
in their names, including the Ramona
Valley Inn, which was established in
1981 on Main Street in Ramona.
Boundary Evidence
Using a boundary largely drawn
through the surrounding mountain
peaks, the proposed Ramona Valley
viticultural area encompasses not only
the valley in which the town of Ramona
lies, but also several smaller side valleys
and canyons, especially to the east and
south of the town. The proposed
boundary is based on historical and
current viticultural activity within the
proposed area and on its geographical
and climatic features.
The history of Ramona Valley
viticulture began with the arrival of
Spanish missionaries in 1769. American
viticulture started as early as 1889, with
wine grapes grown at Rancho Bernardo
for use at the Bernardo Winery. In
modern times, Ross Rizzo, the master
vintner at Bernardo Winery, recalls that
up to a thousand acres of wine grapes
were growing in Ramona Valley during
the 1940s and 1950s. The Schwaesdall
Winery, which opened in 1993, uses
grape vines planted in the Ramona
Valley in the 1950s as well as their own
plantings begun in 1989.
The elevation of the proposed
Ramona Valley viticultural area, which
lies between the lower coastal valleys to
the south, west, and north, and the
surrounding mountains and the higher
desert-like areas to the east,
distinguishes the proposed viticultural
area from surrounding areas. Climatic
factors related to the elevation of the
Ramona Valley and its inland location
also distinguish the proposed
viticultural area from nearby grapegrowing regions. These factors are
discussed in more detail below.
Distinguishing Features
Geography
The proposed Ramona Valley
viticultural area is encircled by a ring of
hills and mountains that isolate it from
the surrounding regions of San Diego
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County. Santa Maria Creek flows west
through the proposed viticultural area
before passing through a narrow gap in
the hills near the northwestern corner of
the area.
The lowest elevation of the proposed
Ramona Valley viticultural area, 650
feet, is at the southwest corner of the
area at the San Vicente Reservoir.
Elevations within the northern,
southern, and western portions of the
proposed viticultural area vary between
650 and 1,600 feet, with an average base
elevation of about 1,400 feet. The
eastern terrain of the proposed area
climbs to more than 3,000 feet at the
foothills of the Cuyamaca Mountains.
The highest elevation suitable for
viticulture within the proposed area is
2,640 feet.
Beyond the proposed Ramona Valley
viticultural area boundary line to the
south, west, and north are the lower
coastal valleys with elevations of 500
feet or less. While higher in elevation
than these nearby coastal valleys, the
proposed Ramona Valley viticultural
area is significantly lower than that of
the Cuyamaca Mountain range to the
east, which has peaks of 6,200 feet.
Climate
The proposed Ramona Valley
viticultural area has a distinguishable
microclimate as compared to the
surrounding regions. With the AnzaBorrego Desert 25 miles to the east and
the Pacific Ocean 25 miles to the west,
the desert and ocean influences affect
and moderate the Ramona Valley
climate during the growing season.
Also known locally as ‘‘the Valley of
the Sun,’’ due to its lack of cool coastal
morning fog, the proposed Ramona
Valley viticultural area is warmer than
the lower elevation coastal areas and
valleys to its south, west, and north. The
proposed area is cooler in the summer,
but warmer in the winter, than the
higher Cuyamaca Mountains to its east.
A comparison of daily temperature
variations among the towns of Ramona,
Poway, Escondido, and Julian indicates
that Ramona has greater daily
temperature fluctuations than the
surrounding areas. The proposed
viticultural area enjoys up to 320 frostfree days and has a heat summation of
3,470 degree-days annually. (During the
growing season, one degree day
accumulates for each degree Fahrenheit
that a day’s mean temperature is above
50 degrees, which is the minimum
temperature required for grapevine
growth; see ‘‘General Viticulture,’’
Albert J. Winkler, University of
California Press, 1975.)
The proposed Ramona Valley
viticultural area receives an average
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annual rainfall of 16.5 inches. This
rainfall total is more than that of the
lower coastal valleys, but less than the
31-inch average received at Julian in the
higher mountains to the east of the
Ramona Valley area.
Soils
The proposed Ramona Valley
viticultural area has a variety of soil
types due to its differing landforms,
slopes, and geology. The mountains
surrounding the proposed area consist
of igneous rock. Also, the mid-slopes to
the east and west of the Ramona Valley
floor have the reddish coloration of San
Marcos Gabbro, a mafic rock type. Mafic
rock formations are known to generate
nutrient-rich soil, which is ideal for
agriculture.
Soil series of the proposed Ramona
Valley viticultural area include Ramona,
Visalia, Los Posas, and Fallbrook loams.
The Ramona soil series, as documented
in the 1973 U.S. Soil Conservation
Service Soil Survey for San Diego
County, consists of well-drained, very
deep sandy loams with sandy clay loam
subsoil. This series is found between the
200-foot and 1,800-foot elevations on
terraces and alluvial fans.
Notice of Proposed Rulemaking
On March 31, 2005, TTB published a
notice of proposed rulemaking regarding
the establishment of the Ramona Valley
viticultural area in the Federal Register
(70 FR 16459) as Notice No. 38. In that
notice, TTB requested comments by
May 31, 2005, from all interested
persons. TTB received no comments in
response to Notice No. 38.
TTB Finding
After careful review of the petition,
TTB finds that the evidence submitted
supports the establishment of the
proposed viticultural area. Therefore,
under the authority of the Federal
Alcohol Administration Act and part 4
of our regulations, we establish the
‘‘Ramona Valley’’ viticultural area in
San Diego County, California, effective
30 days from the publication date of this
document.
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. With the
establishment of this viticultural area
and its inclusion in part 9 of the TTB
regulations, its name, ‘‘Ramona Valley,’’
is recognized as a name of viticultural
significance. Consequently, wine
bottlers using ‘‘Ramona Valley’’ in a
brand name, including a trademark, or
in another label reference as to the
origin of the wine, must ensure that the
product is eligible to use the viticultural
area’s name as an appellation of origin.
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.
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
Boundary Description
See the narrative boundary
description of the viticultural area in the
regulatory text published at the end of
this notice.
This rule is not a significant
regulatory action as defined by
Executive Order 12866 (58 FR 51735).
Therefore, it requires no regulatory
assessment.
Maps
Drafting Information
The petitioner provided the required
maps, and we list them below in the
regulatory text.
Nancy Sutton of the Regulations and
Procedures Division drafted this
document.
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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 subpart C by adding § 9.191
to read as follows:
I
§ 9.191
Ramona Valley.
(a) Name. The name of the viticultural
area described in this section is
‘‘Ramona Valley’’. For purposes of part
4 of this chapter, ‘‘Ramona Valley’’ is a
term of viticultural significance.
(b) Approved Maps. The two United
States Geological Survey 1:100,000 scale
topographic (30 x 60 Minute
Quadrangle) maps used to determine the
boundaries of the Ramona Valley
viticultural area are titled—
(1) Borrego Valley, California, 1982
edition; and
(2) El Cajon, California, 1979 edition.
(c) Boundary. The Ramona Valley
viticultural area is located in central San
Diego County, California. The area’s
boundaries are defined as follows—
(1) Beginning in the southwest corner
of the Borrego Valley map at the 882meter (2,894-foot) peak of Woodson
Mountain, T13S, R1W, proceed straight
north-northwest approximately 3.25
miles to the 652-meter (2,140-foot) peak
of Starvation Mountain, T13S, R1W
(Borrego Valley map); then
(2) Proceed straight east-northeast
approximately 12.5 miles to the Gaging
Station on the northwest shoreline of
Sutherland Lake, T12S, R2E (Borrego
Valley map); then
(3) Proceed straight southeast
approximately 4.4 miles to the 999meter (3,278-foot) peak of Witch Creek
Mountain, T13S, R2E, east of Ballena
Valley (Borrego Valley map); then
(4) Proceed straight southsoutheasterly approximately 6.6 miles,
crossing onto the El Cajon map, to the
summit of Eagle Peak (3,166 feet), T14S,
R3E, northeast of the El Capitan
Reservoir (El Cajon map); then
(5) Proceed straight west-southwest
approximately 12.7 miles, passing
through Barona Valley, to the peak
(1,002 feet) near the center of the
unnamed island in the San Vicente
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Reservoir, T14S, R1E (El Cajon map);
then
(6) Proceed straight northwesterly
approximately 3.9 miles to the 822meter (2,697-foot) peak of Iron
Mountain, T14S, R1W (El Cajon map);
and
(7) Proceed straight north-northwest
approximately 2.8 miles, crossing onto
the Borrego Valley map, and return to
the beginning point at the peak of
Woodson Mountain.
Signed: August 29, 2005.
John J. Manfreda,
Administrator.
Approved: November 3, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 05–23684 Filed 12–6–05; 8:45 am]
BILLING CODE 4810–31–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2005–TX–0030; FRL–8005–9]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to Regulations for Control of
Air Pollution by Permits for New
Construction or Modification
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The EPA is taking direct final
action to approve revisions to the Texas
State Implementation Plan (SIP) which
the Texas Commission on
Environmental Quality (TCEQ)
submitted to EPA on February 5, 2004.
The adopted amendments revise
minimum distance limitation permit
requirements for operation of new and
modified sources to allow storage of an
inoperative concrete crusher within 440
yards of a residence, school, or place of
worship; define how distance
measurements should be taken and
when they would be applicable to
concrete crushers and other facilities;
and allow concrete crushers to recycle
broken concrete at temporary
demolition sites within 440 yards of
nearby buildings, unless the facility is
located in a county with a population of
2.4 million or more, or in a county
adjacent to such a county. The TCEQ
also revised the existing distance
limitation for hazardous waste
management facilities to cross-reference
duplicative language elsewhere in its
regulations. This action is being taken
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under section 110 of the Federal Clean
Air Act (the Act, or CAA).
DATES: This rule is effective on February
6, 2006, without further notice, unless
EPA receives adverse comment by
January 6, 2006. If EPA receives such
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID No. R06–OAR–2005–
TX–0030, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Web site: https://
docket.epa.gov/rmepub/, Regional
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neleigh.david@epa.gov. Please also
forward a copy to the person listed in
the FOR FURTHER INFORMATION CONTACT
section below.
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Permits Section (6PD–R), at fax number
214–665–7263.
• Mail: Mr. David Neleigh, Chief, Air
Permits Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
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David Neleigh, Chief, Air Permits
Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
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Such deliveries are accepted only
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Special arrangements should be made
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Instructions: Direct your comments to
Regional Material in RME ID No. R06–
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of which is restricted by statute. Do not
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]]>Agencies
[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Rules and Regulations]
[Pages 72717-72720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23684]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-39; Re: Notice No. 38]
RIN 1513-AA94
Establishment of the Ramona Valley Viticultural Area (2003R-375P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision establishes the 89,000-acre Ramona
Valley viticultural area in central San Diego County, California. The
proposed area is entirely within the established South Coast
viticultural area. 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 Date: January 6, 2006.
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.
[[Page 72718]]
Ramona Valley Petition and Rulemaking
General Background
TTB received a petition from the Ramona Vineyard Association of
Ramona, California, proposing to establish the Ramona Valley
viticultural area in central San Diego County, California. Surrounding
the town of Ramona, the proposed viticultural area is located 28 miles
northeast of the city of San Diego, and is entirely within the
established, multi-county South Coast viticultural area (27 CFR 9.104).
In addition, the Ramona Valley area is south of two other viticultural
areas, Temecula Valley (27 CFR 9.50) and San Pasqual Valley (27 CFR
9.25), both within the South Coast viticultural area. The proposed
89,000-acre Ramona Valley viticultural area contains 17 vineyards
currently cultivating an estimated 45 acres of wine grapes.
The distinguishing factors of the proposed Ramona Valley
viticultural area include its elevation, which contrasts with the
surrounding areas, and climatic factors related to its elevation and
inland location. Oriented west-southwest to east-northeast, the
proposed area is roughly centered in the town of Ramona and is about
14.5 miles long and 9.5 miles wide.
Below, we summarize the evidence presented in the petition.
Name Evidence
Californians have used the ``Ramona Valley'' name for at least a
century. In 1906, historian Ed Fletcher wrote ``An Auto Trip Through
San Diego's Back Country.'' As republished in the spring 1969 issue of
the Journal of San Diego History, the auto trip article makes several
references to Ramona Valley and its geography, climate, and
agricultural potential. Mr. Fletcher states, ``The higher valley lands
can easily be covered with water from the mountain streams, but a
railroad is absolutely necessary, and when it does come, Ramona Valley
will be heard from.''
In 1963, Richard F. Pourade wrote ``The Silver Dons 1833-1865,''
found in volume three of ``The History of San Diego.'' He describes the
difficulty of reaching the Ramona Valley by different routes during its
settlement. Mr. Pourade writes, ``Both routes had difficult climbs, the
San Pasqual route at the San Pasqual hill and the Lakeside route in the
last mile before reaching the Ramona Valley.''
In 1961, Clarence Woodson wrote ``Tea-Kettle Days,'' published in
the San Diego Historical Society Quarterly, volume 7, number 4, October
1961. He explained, ``My grandfather, Dr. M. C. Woodson served as a
surgeon in the Confederate Army, and a few years after the Civil War he
brought my father and the rest of the family out to California from
Paducah, Ky. He homesteaded land in the Ramona Valley in 1873 * * *.''
The proposed Ramona Valley viticultural area surrounds the
unincorporated town of Ramona in San Diego County, which lies in a
flat, broad valley largely isolated by the surrounding hills and
mountains. Several businesses within the proposed viticultural area use
``Ramona Valley'' in their names, including the Ramona Valley Inn,
which was established in 1981 on Main Street in Ramona.
Boundary Evidence
Using a boundary largely drawn through the surrounding mountain
peaks, the proposed Ramona Valley viticultural area encompasses not
only the valley in which the town of Ramona lies, but also several
smaller side valleys and canyons, especially to the east and south of
the town. The proposed boundary is based on historical and current
viticultural activity within the proposed area and on its geographical
and climatic features.
The history of Ramona Valley viticulture began with the arrival of
Spanish missionaries in 1769. American viticulture started as early as
1889, with wine grapes grown at Rancho Bernardo for use at the Bernardo
Winery. In modern times, Ross Rizzo, the master vintner at Bernardo
Winery, recalls that up to a thousand acres of wine grapes were growing
in Ramona Valley during the 1940s and 1950s. The Schwaesdall Winery,
which opened in 1993, uses grape vines planted in the Ramona Valley in
the 1950s as well as their own plantings begun in 1989.
The elevation of the proposed Ramona Valley viticultural area,
which lies between the lower coastal valleys to the south, west, and
north, and the surrounding mountains and the higher desert-like areas
to the east, distinguishes the proposed viticultural area from
surrounding areas. Climatic factors related to the elevation of the
Ramona Valley and its inland location also distinguish the proposed
viticultural area from nearby grape-growing regions. These factors are
discussed in more detail below.
Distinguishing Features
Geography
The proposed Ramona Valley viticultural area is encircled by a ring
of hills and mountains that isolate it from the surrounding regions of
San Diego County. Santa Maria Creek flows west through the proposed
viticultural area before passing through a narrow gap in the hills near
the northwestern corner of the area.
The lowest elevation of the proposed Ramona Valley viticultural
area, 650 feet, is at the southwest corner of the area at the San
Vicente Reservoir. Elevations within the northern, southern, and
western portions of the proposed viticultural area vary between 650 and
1,600 feet, with an average base elevation of about 1,400 feet. The
eastern terrain of the proposed area climbs to more than 3,000 feet at
the foothills of the Cuyamaca Mountains. The highest elevation suitable
for viticulture within the proposed area is 2,640 feet.
Beyond the proposed Ramona Valley viticultural area boundary line
to the south, west, and north are the lower coastal valleys with
elevations of 500 feet or less. While higher in elevation than these
nearby coastal valleys, the proposed Ramona Valley viticultural area is
significantly lower than that of the Cuyamaca Mountain range to the
east, which has peaks of 6,200 feet.
Climate
The proposed Ramona Valley viticultural area has a distinguishable
microclimate as compared to the surrounding regions. With the Anza-
Borrego Desert 25 miles to the east and the Pacific Ocean 25 miles to
the west, the desert and ocean influences affect and moderate the
Ramona Valley climate during the growing season.
Also known locally as ``the Valley of the Sun,'' due to its lack of
cool coastal morning fog, the proposed Ramona Valley viticultural area
is warmer than the lower elevation coastal areas and valleys to its
south, west, and north. The proposed area is cooler in the summer, but
warmer in the winter, than the higher Cuyamaca Mountains to its east.
A comparison of daily temperature variations among the towns of
Ramona, Poway, Escondido, and Julian indicates that Ramona has greater
daily temperature fluctuations than the surrounding areas. The proposed
viticultural area enjoys up to 320 frost-free days and has a heat
summation of 3,470 degree-days annually. (During the growing season,
one degree day accumulates for each degree Fahrenheit that a day's mean
temperature is above 50 degrees, which is the minimum temperature
required for grapevine growth; see ``General Viticulture,'' Albert J.
Winkler, University of California Press, 1975.)
The proposed Ramona Valley viticultural area receives an average
[[Page 72719]]
annual rainfall of 16.5 inches. This rainfall total is more than that
of the lower coastal valleys, but less than the 31-inch average
received at Julian in the higher mountains to the east of the Ramona
Valley area.
Soils
The proposed Ramona Valley viticultural area has a variety of soil
types due to its differing landforms, slopes, and geology. The
mountains surrounding the proposed area consist of igneous rock. Also,
the mid-slopes to the east and west of the Ramona Valley floor have the
reddish coloration of San Marcos Gabbro, a mafic rock type. Mafic rock
formations are known to generate nutrient-rich soil, which is ideal for
agriculture.
Soil series of the proposed Ramona Valley viticultural area include
Ramona, Visalia, Los Posas, and Fallbrook loams. The Ramona soil
series, as documented in the 1973 U.S. Soil Conservation Service Soil
Survey for San Diego County, consists of well-drained, very deep sandy
loams with sandy clay loam subsoil. This series is found between the
200-foot and 1,800-foot elevations on terraces and alluvial fans.
Notice of Proposed Rulemaking
On March 31, 2005, TTB published a notice of proposed rulemaking
regarding the establishment of the Ramona Valley viticultural area in
the Federal Register (70 FR 16459) as Notice No. 38. In that notice,
TTB requested comments by May 31, 2005, from all interested persons.
TTB received no comments in response to Notice No. 38.
TTB Finding
After careful review of the petition, TTB finds that the evidence
submitted supports the establishment of the proposed viticultural area.
Therefore, under the authority of the Federal Alcohol Administration
Act and part 4 of our regulations, we establish the ``Ramona Valley''
viticultural area in San Diego County, California, effective 30 days
from the publication date of this document.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the 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. With the establishment of this viticultural area and
its inclusion in part 9 of the TTB regulations, its name, ``Ramona
Valley,'' is recognized as a name of viticultural significance.
Consequently, wine bottlers using ``Ramona Valley'' in a brand name,
including a trademark, or in another label reference as to the origin
of the wine, must ensure that the product is eligible to use the
viticultural area's name as an appellation of origin.
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.
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 subpart C by adding Sec. 9.191 to read as follows:
Sec. 9.191 Ramona Valley.
(a) Name. The name of the viticultural area described in this
section is ``Ramona Valley''. For purposes of part 4 of this chapter,
``Ramona Valley'' is a term of viticultural significance.
(b) Approved Maps. The two United States Geological Survey
1:100,000 scale topographic (30 x 60 Minute Quadrangle) maps used to
determine the boundaries of the Ramona Valley viticultural area are
titled--
(1) Borrego Valley, California, 1982 edition; and
(2) El Cajon, California, 1979 edition.
(c) Boundary. The Ramona Valley viticultural area is located in
central San Diego County, California. The area's boundaries are defined
as follows--
(1) Beginning in the southwest corner of the Borrego Valley map at
the 882-meter (2,894-foot) peak of Woodson Mountain, T13S, R1W, proceed
straight north-northwest approximately 3.25 miles to the 652-meter
(2,140-foot) peak of Starvation Mountain, T13S, R1W (Borrego Valley
map); then
(2) Proceed straight east-northeast approximately 12.5 miles to the
Gaging Station on the northwest shoreline of Sutherland Lake, T12S, R2E
(Borrego Valley map); then
(3) Proceed straight southeast approximately 4.4 miles to the 999-
meter (3,278-foot) peak of Witch Creek Mountain, T13S, R2E, east of
Ballena Valley (Borrego Valley map); then
(4) Proceed straight south-southeasterly approximately 6.6 miles,
crossing onto the El Cajon map, to the summit of Eagle Peak (3,166
feet), T14S, R3E, northeast of the El Capitan Reservoir (El Cajon map);
then
(5) Proceed straight west-southwest approximately 12.7 miles,
passing through Barona Valley, to the peak (1,002 feet) near the center
of the unnamed island in the San Vicente
[[Page 72720]]
Reservoir, T14S, R1E (El Cajon map); then
(6) Proceed straight northwesterly approximately 3.9 miles to the
822-meter (2,697-foot) peak of Iron Mountain, T14S, R1W (El Cajon map);
and
(7) Proceed straight north-northwest approximately 2.8 miles,
crossing onto the Borrego Valley map, and return to the beginning point
at the peak of Woodson Mountain.
Signed: August 29, 2005.
John J. Manfreda,
Administrator.
Approved: November 3, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-23684 Filed 12-6-05; 8:45 am]
BILLING CODE 4810-31-P
