Proposed Sonoma County Green Valley Viticultural Area Name Change (2005R-412P), 25795-25798 [E6-6538]
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Federal Register / Vol. 71, No. 84 / Tuesday, May 2, 2006 / Proposed Rules
25795
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[FR Doc. E6–6584 Filed 5–1–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Notice No. 58]
RIN: 1513–AB18
Proposed Sonoma County Green
Valley Viticultural Area Name Change
(2005R–412P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
rmajette on PROD1PC67 with PROPOSALS
AGENCY:
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau proposes to rename
the ‘‘Sonoma County Green Valley’’
viticultural area as the ‘‘Green Valley of
Russian River Valley’’ viticultural area.
The area’s size and boundaries would
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remain unchanged. This northern
California viticultural area is totally
within the Russian River Valley
viticultural area, the Sonoma Coast
viticultural area, and the multi-county
North Coast viticultural area. We
designate viticultural areas to allow
vintners to better describe the origin of
wines and to allow consumers to better
identify the wines they may purchase.
We invite comments on this proposed
change to our regulations.
We must receive written
comments on or before July 3, 2006.
DATES:
You may send comments to
any of the following addresses:
• Director, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, Attn: Notice No. 58, 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, and any comments we
receive about this notice by
appointment at the TTB Information
Resource Center, 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.
ADDRESSES:
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 a
product’s 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
distinct 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 a viticultural area allows vintners to
more accurately describe the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. However, the establishment of
a viticultural area is neither an approval
nor an endorsement by TTB of the wine
produced in that area.
FOR FURTHER INFORMATION CONTACT:
Requirements
SUPPLEMENTARY INFORMATION:
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.
N.
A. Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., No.
158, Petaluma, California 94952;
telephone 415–271–1254.
PO 00000
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Federal Register / Vol. 71, No. 84 / Tuesday, May 2, 2006 / Proposed Rules
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.
A petition requesting the modification
of an established viticultural area must
include the appropriate evidence
described above to support the
requested modification.
rmajette on PROD1PC67 with PROPOSALS
Sonoma County Green Valley
Viticultural Area Background
TTB’s predecessor agency, the Bureau
of Alcohol, Tobacco and Firearms
(ATF), established the Sonoma County
Green Valley viticultural area (27 CFR
9.57) in a Treasury Decision (T.D. ATF–
161), published in the Federal Register
at 48 FR 52577 on November 21, 1983.
The 19,010-acre Sonoma County Green
Valley viticultural area is located north
of San Francisco in southern Sonoma
County. (T.D. ATF–161 mistakenly
stated the size of the Sonoma County
Green Valley viticultural area as 32,000
acres.) The Sonoma County Green
Valley viticultural area lies between the
towns of Sebastopol, Forestville, and
Occidental within the western region of
the Russian River Valley viticultural
area (27 CFR 9.66), which lies entirely
within the Sonoma Coast viticultural
area (27 CFR 9.116) and the multicounty North Coast viticultural area (27
CFR 9.30).
In 1982, the original petitioner sought
to use the name ‘‘Green Valley’’ for this
viticultural area. However, while ATF
determined that the Green Valley name
was appropriate for the area, ATF
required the addition of ‘‘Sonoma
County’’ to the name, and thus
approved the name ‘‘Sonoma County
Green Valley’’ as the viticultural area
name. ATF took this action to avoid
consumer confusion since ‘‘Green
Valley’’ is a commonly used
geographical place name in the United
States.
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In approving the Sonoma County
Green Valley viticultural area, ATF
specifically noted its 1982 approval of
the ‘‘Solano County Green Valley’’
viticultural area (27 CFR 9.44) with the
same condition—that the county name
appear in conjunction with the
viticultural area’s name to prevent
consumer confusion with other ‘‘Green’’
valleys elsewhere in the United States.
T.D. ATF–161 stated that since both
‘‘Green Valley’’ viticultural areas are
located in northern California, the
inclusion of the county name modifiers
in each viticultural area name helped to
avoid consumer confusion by
distinguishing between the two
viticultural areas.
Green Valley of Russian River Valley
Petition
The Winegrowers and Vintners of
Sonoma County’s Green Valley, an
association of local winegrowers and
vintners based in Sebastopol, California,
has petitioned TTB to change the name
of the ‘‘Sonoma County Green Valley’’
viticultural area to ‘‘Green Valley of
Russian River Valley.’’ The group
explains in its petition that the name
change is warranted because the
viticultural area is commonly referred to
as ‘‘Green Valley,’’ without the Sonoma
County modifier, and because the Green
Valley area is considered by many to be
a sub-appellation of the Russian River
Valley viticultural area by virtue of its
location and similar climate.
TTB notes that the recently expanded
126,600-acre Russian River Valley
viticultural area now encompasses the
entire Sonoma County Green Valley
viticultural area. (See T.D. TTB–32,
published in the Federal Register at 70
FR 53297 on September 8, 2005.) We
also note that the proposed name
change does not affect the established
boundaries of either viticultural area.
Three wineries located within the
viticultural area at issue, according to
the petition, consistently claim the
‘‘Sonoma County Green Valley’’
appellation on their wine labels. Other
regional wineries use the Russian River
Valley viticultural area appellation on
their labels, the petition explains, but
include references to the Sonoma
County Green Valley viticultural area on
their wines’ back labels and in their
promotional materials.
Changing the viticultural area name to
‘‘Green Valley of Russian River Valley,’’
the petition explains, will provide
greater clarity regarding the viticultural
area location and its association with
the cool climate of the Russian River
Valley. Thus, the petition states,
consumers will have more accurate and
descriptive geographical and climatic
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information for this viticultural area’s
wines.
Name Evidence
The petition provides evidence,
summarized below, to document that
the Sonoma County Green Valley
viticultural area is known, and referred
to, simply as ‘‘Green Valley.’’ Also, the
same evidence describes ‘‘Green Valley’’
as being a part of the larger Russian
River Valley viticultural area.
The Savor Wine Country magazine
(winter 2003, page 78), published by the
Press Democrat newspaper of Sonoma
County, California, included a feature
article on ‘‘Green Valley.’’ A map of the
‘‘Green Valley’’ area and the Russian
River Valley area provided with the
article generally agrees with the
boundaries of both viticultural areas,
including the (at that time) proposed
boundary expansion of that Russian
River Valley viticultural area. The
article states that ‘‘Green Valley’’ is a
sub-appellation of the sprawling
Russian River Valley viticultural area. It
also describes the abundant sparkling
wines, pinot noir grapes, and other
agricultural products produced in the
‘‘Green Valley’’ area. The article
characterizes the viticultural area as a
diverse farming region with cool coastal
breezes, which coincides with the
climatic conditions found in the
Russian River Valley viticultural area.
A Los Angeles Times article of
January 14, 2004, titled ‘‘Out of the
Mist, Pinots,’’ describes the Russian
River Valley American viticultural area
and its ‘‘sub-regions’’ as having distinct
wine personalities. The article states:
‘‘Russian River Valley AVA and the
Green Valley AVA are primarily
climate-based appellations.’’ While
expounding on the exceptional soils of
the Russian River Valley viticultural
area, the article also states: ‘‘The Green
Valley AVA (a part of the Russian River
AVA) yields bright, bold Pinots with
crystalline fruit and piercing acidity.’’
A recent ‘‘Sonoma County Wine
Country Guide,’’ published by the
Sonoma County Wineries Association
and included with the petition,
describes the ‘‘Green Valley’’ area as a
small sub-appellation of the Russian
River Valley viticultural area (see the
Guide, page 24). The article also
describes the marine-influenced climate
and the Goldridge series soils, which are
conducive to growing fruit. Also, the
publication contains an untitled map of
Sonoma County’s rural western expanse
that identifies the Sonoma County
Green Valley viticultural area simply as
‘‘Green Valley’’ (see the Guide, page 18).
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Federal Register / Vol. 71, No. 84 / Tuesday, May 2, 2006 / Proposed Rules
Linkage of Two Viticultural Area Names
In addition, with the establishment of
the Oak Knoll District of Napa Valley
viticultural area (27 CFR 9.161), TTB
has approved the use of the name of one
viticultural area within the name of
another viticultural area in order to
prevent consumer confusion. In that
case, a petitioner proposed to establish
the Oak Knoll District viticultural area
within the larger Napa Valley
viticultural area (27 CFR 9.23) in Napa
County, California. In order to
distinguish the proposed Oak Knoll
District viticultural area from the
established Oak Knoll Winery located in
Oregon, TTB approved the addition of
the ‘‘Napa Valley’’ name to the area’s
name, resulting in the establishment of
the ‘‘Oak Knoll District of Napa Valley’’
viticultural area. (See T.D. TTB–9,
published in the Federal Register at 69
FR 8562 on February 25, 2004.)
Likewise, by linking the name of the
Green Valley viticultural area and the
larger Russian River Valley viticultural
area that surrounds it, the petitioners
seek to prevent consumer confusion
between the two established ‘‘Green
Valley’’ viticultural areas, as well as
between the Green Valley in Sonoma
County and other ‘‘Green’’ valleys in the
United States. Therefore, TTB believes
that adoption of the proposed new
‘‘Green Valley of Russian River Valley’’
name would be permissible so long as
it accurately reflects the geographical
location of the viticultural area and does
not otherwise create confusion for the
consumer.
rmajette on PROD1PC67 with PROPOSALS
Impact on Current Wine Labels
General
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
approve this proposed viticultural area
name change, the new name, ‘‘Green
Valley of Russian River Valley,’’ will be
recognized as a name of viticultural
significance. If approved, this name
change will affect vintners who
appropriately use the original ‘‘Sonoma
County Green Valley.’’
While ‘‘Russian River Valley’’ and
‘‘Solano County Green Valley,’’ as
viticultural area names, are also terms of
viticultural significance, we do not
believe it would be appropriate to treat
‘‘Green Valley’’ standing alone as a term
of viticultural significance due to its
widespread use across the United States
as a geographic place name. For
example, a recent search of the USGS
Geographic Names Information System
(https://geonames.usgs.gov/) found 65
entries for ‘‘Green Valley’’ in 23 States,
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including at least 13 places in California
in 11 different counties.
Consequently, wine bottlers using the
entire descriptor, ‘‘Green Valley of
Russian River 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.
Accordingly, the proposed part 9
regulatory text amendments set forth in
this document specify that the name
‘‘Green Valley of Russian River Valley’’
is 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 ‘‘Green Valley of Russian River
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 this proposed name change.
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.
Transition Period
If the proposed ‘‘Green Valley of
Russian River Valley’’ name is adopted
as a final rule, holders of labels using
the current ‘‘Sonoma County Green
Valley’’ name that were approved by the
effective date of the final regulation
changing the viticultural area name to
‘‘Green Valley of Russian River Valley’’
will be permitted to continue using
those approved labels for two years from
the effective date of the final rule. At the
end of this two-year transition period,
holders of ‘‘Sonoma County Green
Valley’’ wine labels must discontinue
use of those labels and will need to
secure approval of new labels reflecting
the correct use of the new viticultural
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25797
area name as an appellation of origin.
We believe the two year period should
provide such label holders with
adequate time to use up their old labels.
Public Participation
Comments Invited
We invite comments from interested
members of the public on the
appropriateness of changing the name of
the established ‘‘Sonoma County Green
Valley’’ viticultural area to ‘‘Green
Valley of Russian River Valley’’ and the
proposed two year transition period. We
are particularly interested in comments
on any possible effects that the use of
this changed name would have on the
use of the established Russian River
Valley and Solano County Green Valley
viticultural area names, including any
potential conflicts with existing brand
names.
TTB will consider only comments
concerning the re-naming of the Sonoma
County Green Valley viticultural area
and the transition period. The proposed
name change of Sonoma County Green
Valley viticultural area does not affect
its boundaries or those of the Russian
River Valley viticultural area. With each
comment submitted, please provide all
available specific information that
supports the position of the comment.
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
(3) Be legible when printed on 8.5- by
11-inch paper.
• Online form: We provide a
comment form with the online copy of
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Federal Register / Vol. 71, No. 84 / Tuesday, May 2, 2006 / Proposed Rules
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 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 Information
Resource Center at 1310 G Street, NW.,
Washington, DC 20220. You may also
obtain copies at 20 cents per 8.5- x 11inch page. Contact our information
specialist 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 Information Resource Center.
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.
rmajette on PROD1PC67 with PROPOSALS
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.
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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
Rulings Division drafted this notice.
County Green Valley’’ as the appellation
of origin will be revoked by operation of
this regulation on [INSERT DATE 2
YEARS AFTER EFFECTIVE DATE OF
THE FINAL RULE].
Signed: March 29, 2006.
John J. Manfreda,
Administrator.
[FR Doc. E6–6538 Filed 4–28–06; 8:45 am]
BILLING CODE 4810–31–P
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, 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. Section 9.57 is amended by revising
the section heading, paragraph (a), the
introductory text of paragraphs (b) and
(c), and by adding a new paragraph (d),
to read as follows:
§ 9.57 Green Valley of Russian River
Valley.
(a) Name. The name of the viticultural
area described in this section is ‘‘Green
Valley of Russian River Valley.’’ For
purposes of part 4 of this chapter,
‘‘Green Valley of Russian River Valley’’
is a term of viticultural significance.
(b) Approved Maps. The appropriate
maps for determining the boundary of
the Green Valley of Russian River Valley
viticultural area are three United States
Geological Survey maps. They are titled:
*
*
*
*
*
(c) Boundary. The Green Valley of
Russian River Valley viticultural area is
located in Sonoma County, California.
The beginning point is located in the
northeastern portion of the ‘‘Camp
Meeker Quadrangle’’ map where the
line separating section 31 from section
32, in Township 8 North (T.8N.), Range
9 West (R.9W.) intersects River Road.
*
*
*
*
*
(d) From December 21, 1983, until
[INSERT DATE ONE DAY BEFORE
EFFECTIVE DATE OF THE FINAL
RULE], the name of this viticultural area
was ‘‘Sonoma County Green Valley’’.
Effective [INSERT EFFECTIVE DATE
OF THE FINAL RULE], this viticulture
area is named ‘‘Green Valley of Russian
River Valley’’. Existing certificates of
label approval showing ‘‘Sonoma
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Coast Guard
33 CFR Part 151
[USCG–2006–24580]
Ballast Water Treatment Technology
and Analysis Methods
Coast Guard, DHS.
Request for public comments.
AGENCY:
ACTION:
Subpart C—Approved American
Viticultural Areas
PO 00000
DEPARTMENT OF HOMELAND
SECURITY
SUMMARY: The Coast Guard seeks public
assistance in gathering information
regarding the status of research and
development of ballast water
management systems and analytical
technologies/methods used in testing
ballast water management systems. The
Coast Guard may then provide this
information to the 55th Session of the
International Maritime Organization’s
(IMO) Marine Environment Protection
Committee (MEPC 55) to inform the
Committee during the review of the
status of the development of ballast
water management systems. Our
specific interest is in ballast water
management systems that have been
rigorously tested both in land-based test
platforms and on board ships. We are
also interested in technologies/methods
for rapid detection, enumeration, and
determination of organism viabilities in
ballast water.
DATES: Comments and related material
must reach the Docket Management
Facility on or before Friday, June 23,
2006.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2006–24580 to the
Docket Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Web site: https://dms.dot.gov.
(2) Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Washington, DC
20590–0001.
(3) Fax: 202–493–2251.
(4) Delivery: Room PL–401 on the
Plaza level of the Nassif Building, 400
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]]>Agencies
[Federal Register Volume 71, Number 84 (Tuesday, May 2, 2006)]
[Proposed Rules]
[Pages 25795-25798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6538]
=======================================================================
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 58]
RIN: 1513-AB18
Proposed Sonoma County Green Valley Viticultural Area Name Change
(2005R-412P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
rename the ``Sonoma County Green Valley'' viticultural area as the
``Green Valley of Russian River Valley'' viticultural area. The area's
size and boundaries would remain unchanged. This northern California
viticultural area is totally within the Russian River Valley
viticultural area, the Sonoma Coast viticultural area, and the multi-
county North Coast viticultural area. We designate viticultural areas
to allow vintners to better describe the origin of wines and to allow
consumers to better identify the wines they may purchase. We invite
comments on this proposed change to our regulations.
DATES: We must receive written comments on or before July 3, 2006.
ADDRESSES: You may send comments to any of the following addresses:
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 58, 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, and any comments
we receive about this notice by appointment at the TTB Information
Resource Center, 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 Rulings
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 consumers with adequate information regarding a product's
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 distinct 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 a
viticultural area allows vintners to more accurately describe the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. However, the 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.
[[Page 25796]]
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.
A petition requesting the modification of an established
viticultural area must include the appropriate evidence described above
to support the requested modification.
Sonoma County Green Valley Viticultural Area Background
TTB's predecessor agency, the Bureau of Alcohol, Tobacco and
Firearms (ATF), established the Sonoma County Green Valley viticultural
area (27 CFR 9.57) in a Treasury Decision (T.D. ATF-161), published in
the Federal Register at 48 FR 52577 on November 21, 1983. The 19,010-
acre Sonoma County Green Valley viticultural area is located north of
San Francisco in southern Sonoma County. (T.D. ATF-161 mistakenly
stated the size of the Sonoma County Green Valley viticultural area as
32,000 acres.) The Sonoma County Green Valley viticultural area lies
between the towns of Sebastopol, Forestville, and Occidental within the
western region of the Russian River Valley viticultural area (27 CFR
9.66), which lies entirely within the Sonoma Coast viticultural area
(27 CFR 9.116) and the multi-county North Coast viticultural area (27
CFR 9.30).
In 1982, the original petitioner sought to use the name ``Green
Valley'' for this viticultural area. However, while ATF determined that
the Green Valley name was appropriate for the area, ATF required the
addition of ``Sonoma County'' to the name, and thus approved the name
``Sonoma County Green Valley'' as the viticultural area name. ATF took
this action to avoid consumer confusion since ``Green Valley'' is a
commonly used geographical place name in the United States.
In approving the Sonoma County Green Valley viticultural area, ATF
specifically noted its 1982 approval of the ``Solano County Green
Valley'' viticultural area (27 CFR 9.44) with the same condition--that
the county name appear in conjunction with the viticultural area's name
to prevent consumer confusion with other ``Green'' valleys elsewhere in
the United States. T.D. ATF-161 stated that since both ``Green Valley''
viticultural areas are located in northern California, the inclusion of
the county name modifiers in each viticultural area name helped to
avoid consumer confusion by distinguishing between the two viticultural
areas.
Green Valley of Russian River Valley Petition
The Winegrowers and Vintners of Sonoma County's Green Valley, an
association of local winegrowers and vintners based in Sebastopol,
California, has petitioned TTB to change the name of the ``Sonoma
County Green Valley'' viticultural area to ``Green Valley of Russian
River Valley.'' The group explains in its petition that the name change
is warranted because the viticultural area is commonly referred to as
``Green Valley,'' without the Sonoma County modifier, and because the
Green Valley area is considered by many to be a sub-appellation of the
Russian River Valley viticultural area by virtue of its location and
similar climate.
TTB notes that the recently expanded 126,600-acre Russian River
Valley viticultural area now encompasses the entire Sonoma County Green
Valley viticultural area. (See T.D. TTB-32, published in the Federal
Register at 70 FR 53297 on September 8, 2005.) We also note that the
proposed name change does not affect the established boundaries of
either viticultural area.
Three wineries located within the viticultural area at issue,
according to the petition, consistently claim the ``Sonoma County Green
Valley'' appellation on their wine labels. Other regional wineries use
the Russian River Valley viticultural area appellation on their labels,
the petition explains, but include references to the Sonoma County
Green Valley viticultural area on their wines' back labels and in their
promotional materials.
Changing the viticultural area name to ``Green Valley of Russian
River Valley,'' the petition explains, will provide greater clarity
regarding the viticultural area location and its association with the
cool climate of the Russian River Valley. Thus, the petition states,
consumers will have more accurate and descriptive geographical and
climatic information for this viticultural area's wines.
Name Evidence
The petition provides evidence, summarized below, to document that
the Sonoma County Green Valley viticultural area is known, and referred
to, simply as ``Green Valley.'' Also, the same evidence describes
``Green Valley'' as being a part of the larger Russian River Valley
viticultural area.
The Savor Wine Country magazine (winter 2003, page 78), published
by the Press Democrat newspaper of Sonoma County, California, included
a feature article on ``Green Valley.'' A map of the ``Green Valley''
area and the Russian River Valley area provided with the article
generally agrees with the boundaries of both viticultural areas,
including the (at that time) proposed boundary expansion of that
Russian River Valley viticultural area. The article states that ``Green
Valley'' is a sub-appellation of the sprawling Russian River Valley
viticultural area. It also describes the abundant sparkling wines,
pinot noir grapes, and other agricultural products produced in the
``Green Valley'' area. The article characterizes the viticultural area
as a diverse farming region with cool coastal breezes, which coincides
with the climatic conditions found in the Russian River Valley
viticultural area.
A Los Angeles Times article of January 14, 2004, titled ``Out of
the Mist, Pinots,'' describes the Russian River Valley American
viticultural area and its ``sub-regions'' as having distinct wine
personalities. The article states: ``Russian River Valley AVA and the
Green Valley AVA are primarily climate-based appellations.'' While
expounding on the exceptional soils of the Russian River Valley
viticultural area, the article also states: ``The Green Valley AVA (a
part of the Russian River AVA) yields bright, bold Pinots with
crystalline fruit and piercing acidity.''
A recent ``Sonoma County Wine Country Guide,'' published by the
Sonoma County Wineries Association and included with the petition,
describes the ``Green Valley'' area as a small sub-appellation of the
Russian River Valley viticultural area (see the Guide, page 24). The
article also describes the marine-influenced climate and the Goldridge
series soils, which are conducive to growing fruit. Also, the
publication contains an untitled map of Sonoma County's rural western
expanse that identifies the Sonoma County Green Valley viticultural
area simply as ``Green Valley'' (see the Guide, page 18).
[[Page 25797]]
Linkage of Two Viticultural Area Names
In addition, with the establishment of the Oak Knoll District of
Napa Valley viticultural area (27 CFR 9.161), TTB has approved the use
of the name of one viticultural area within the name of another
viticultural area in order to prevent consumer confusion. In that case,
a petitioner proposed to establish the Oak Knoll District viticultural
area within the larger Napa Valley viticultural area (27 CFR 9.23) in
Napa County, California. In order to distinguish the proposed Oak Knoll
District viticultural area from the established Oak Knoll Winery
located in Oregon, TTB approved the addition of the ``Napa Valley''
name to the area's name, resulting in the establishment of the ``Oak
Knoll District of Napa Valley'' viticultural area. (See T.D. TTB-9,
published in the Federal Register at 69 FR 8562 on February 25, 2004.)
Likewise, by linking the name of the Green Valley viticultural area
and the larger Russian River Valley viticultural area that surrounds
it, the petitioners seek to prevent consumer confusion between the two
established ``Green Valley'' viticultural areas, as well as between the
Green Valley in Sonoma County and other ``Green'' valleys in the United
States. Therefore, TTB believes that adoption of the proposed new
``Green Valley of Russian River Valley'' name would be permissible so
long as it accurately reflects the geographical location of the
viticultural area and does not otherwise create confusion for the
consumer.
Impact on Current Wine Labels
General
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 approve this proposed viticultural area name
change, the new name, ``Green Valley of Russian River Valley,'' will be
recognized as a name of viticultural significance. If approved, this
name change will affect vintners who appropriately use the original
``Sonoma County Green Valley.''
While ``Russian River Valley'' and ``Solano County Green Valley,''
as viticultural area names, are also terms of viticultural
significance, we do not believe it would be appropriate to treat
``Green Valley'' standing alone as a term of viticultural significance
due to its widespread use across the United States as a geographic
place name. For example, a recent search of the USGS Geographic Names
Information System (https://geonames.usgs.gov/) found 65 entries for
``Green Valley'' in 23 States, including at least 13 places in
California in 11 different counties.
Consequently, wine bottlers using the entire descriptor, ``Green
Valley of Russian River 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. Accordingly, the
proposed part 9 regulatory text amendments set forth in this document
specify that the name ``Green Valley of Russian River Valley'' is 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 ``Green Valley
of Russian River 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 this proposed name change.
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.
Transition Period
If the proposed ``Green Valley of Russian River Valley'' name is
adopted as a final rule, holders of labels using the current ``Sonoma
County Green Valley'' name that were approved by the effective date of
the final regulation changing the viticultural area name to ``Green
Valley of Russian River Valley'' will be permitted to continue using
those approved labels for two years from the effective date of the
final rule. At the end of this two-year transition period, holders of
``Sonoma County Green Valley'' wine labels must discontinue use of
those labels and will need to secure approval of new labels reflecting
the correct use of the new viticultural area name as an appellation of
origin. We believe the two year period should provide such label
holders with adequate time to use up their old labels.
Public Participation
Comments Invited
We invite comments from interested members of the public on the
appropriateness of changing the name of the established ``Sonoma County
Green Valley'' viticultural area to ``Green Valley of Russian River
Valley'' and the proposed two year transition period. We are
particularly interested in comments on any possible effects that the
use of this changed name would have on the use of the established
Russian River Valley and Solano County Green Valley viticultural area
names, including any potential conflicts with existing brand names.
TTB will consider only comments concerning the re-naming of the
Sonoma County Green Valley viticultural area and the transition period.
The proposed name change of Sonoma County Green Valley viticultural
area does not affect its boundaries or those of the Russian River
Valley viticultural area. With each comment submitted, please provide
all available specific information that supports the position of the
comment.
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
(3) Be legible when printed on 8.5- by 11-inch paper.
Online form: We provide a comment form with the online
copy of
[[Page 25798]]
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 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 Information
Resource Center 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
information specialist 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 Information
Resource Center. 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.
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 Rulings 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, 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.
Subpart C--Approved American Viticultural Areas
2. Section 9.57 is amended by revising the section heading,
paragraph (a), the introductory text of paragraphs (b) and (c), and by
adding a new paragraph (d), to read as follows:
Sec. 9.57 Green Valley of Russian River Valley.
(a) Name. The name of the viticultural area described in this
section is ``Green Valley of Russian River Valley.'' For purposes of
part 4 of this chapter, ``Green Valley of Russian River Valley'' is a
term of viticultural significance.
(b) Approved Maps. The appropriate maps for determining the
boundary of the Green Valley of Russian River Valley viticultural area
are three United States Geological Survey maps. They are titled:
* * * * *
(c) Boundary. The Green Valley of Russian River Valley viticultural
area is located in Sonoma County, California. The beginning point is
located in the northeastern portion of the ``Camp Meeker Quadrangle''
map where the line separating section 31 from section 32, in Township 8
North (T.8N.), Range 9 West (R.9W.) intersects River Road.
* * * * *
(d) From December 21, 1983, until [INSERT DATE ONE DAY BEFORE
EFFECTIVE DATE OF THE FINAL RULE], the name of this viticultural area
was ``Sonoma County Green Valley''. Effective [INSERT EFFECTIVE DATE OF
THE FINAL RULE], this viticulture area is named ``Green Valley of
Russian River Valley''. Existing certificates of label approval showing
``Sonoma County Green Valley'' as the appellation of origin will be
revoked by operation of this regulation on [INSERT DATE 2 YEARS AFTER
EFFECTIVE DATE OF THE FINAL RULE].
Signed: March 29, 2006.
John J. Manfreda,
Administrator.
[FR Doc. E6-6538 Filed 4-28-06; 8:45 am]
BILLING CODE 4810-31-P
