Expansion of San Francisco Bay and Central Coast Viticultural Areas (2002R-202P), 34522-34525 [E6-9364]
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‘‘DHS’’ in its place, and remove ‘‘on
behalf of the Attorney General;’’
I B. In paragraph (b) remove ‘‘Attorney
General’’ and add ‘‘Secretary of
Homeland Security’’ in its place
wherever it appears.
§ 42.1
[Amended]
47. In § 42.1, in paragraph (a) remove
‘‘INS’’ and add ‘‘The Department of
Homeland Security’’ in its place.
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§ 42.2
38. In § 41.84, in paragraph (a)(3)
remove ‘‘INS’’ and add ‘‘DHS’’ in its
place.
§ 41.86
§ 42.21
[Amended]
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[Amended]
39. In § 41.86, in paragraph (c) remove
‘‘INS’’ and add ‘‘DHS’’ in its place.
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§ 41.103
[Amended]
40. In § 41.103, in the heading and in
paragraphs (a)(1), (a)(2), (b)(1), (b)(1)(i),
(b)(1)(ii), (b)(2), (b)(3) and (b)(4) remove
‘‘Form OF–156’’ and add ‘‘Form DS–
156’’ in its place wherever it appears.
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§ 41.106
[Amended]
41. In § 41.106 remove ‘‘Form OF–
156’’ and add ‘‘Form DS–156’’ in its
place.
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§ 41.108
[Amended]
[Amended]
44. In § 41.113:
I A. In paragraph (b) remove ‘‘Form
OF–232’’ and add ‘‘Form DS–232’’ In its
place wherever it appears;
I B. In paragraph (d)(2) remove
‘‘Attorney General’’ and add ‘‘Secretary
of Homeland Security’’ in its place;
I C. In paragraph (g) remove ‘‘Form OF–
156’’ and add ‘‘Form DS–156’’ in its
place wherever it appears, and remove
‘‘Form OF–232’’ and add Form DS–232’’
in its place;
I D. In paragraph (h) remove ‘‘Form
OF–156’’ and add ‘‘Form DS–156’’ in its
place.
[Amended]
45. In paragraphs (e), (h)(4), (h)(5) and
(h)(6), remove ‘‘INS’’ and add ‘‘DHS’’ in
its place wherever it appears.
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PART 42—[AMENDED]
Visas: Documentation of immigrants
under the Immigration and Nationality
Act, as amended.
I 46. The authority citation for part 42
continues to read as follows:
Authority: 8 U.S.C. 1104; Public Law No.
107–56, Section 421.
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[Amended]
58. In § 42.74, in paragraphs (b)(2) and
(c) remove ‘‘Form OF–155A’’ and add
‘‘Form OF–155B’’ wherever it appears.
[Amended]
51. In § 42.32, in paragraphs (a)(1),
(b)(1), (c)(1), (d)(1)(i)(A), (d)(3)(i), (d)(4),
(d)(5)(i), (d)(6), (d)(7)(i), (d)(8)(i),
(d)(9)(i)(A) and (e)(1), remove ‘‘INS’’ and
add ‘‘DHS’’ in its place wherever it
appears.
I
[Amended]
§ 42.81
[Amended]
59. In § 42.81, in paragraph (b) remove
‘‘Form OF–230’’ and add ‘‘Form DS–
230’’ in its place wherever it appears.
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§ 42.82
[Amended]
60. In § 42.82, in paragraph (e) remove
‘‘INS’’ and add ‘‘DHS’’ in its place.
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Dated: May 17, 2006.
Maura Harty,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. E6–8165 Filed 6–14–06; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
52. In § 42.43, in paragraph (a) and
(b)(1) remove ‘‘INS’’ and add ‘‘DHS’’ in
its place wherever it appears.
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§ 42.32
27 CFR Part 9
§ 42.51
RIN 1513–AA55
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43. In § 41.112, in paragraphs (d)(1)(ii)
and (d)(2)(i) remove ‘‘INS’’ and add
‘‘DHS’’ in its place wherever appears.
§ 41.122
[Amended]
50. In § 42.31, in paragraph (a) remove
‘‘INS’’ and add ‘‘DHS’’ in its place.
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§ 42.43
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§ 41.113
[Amended]
49. In § 42.21, in paragraph (a) and (b)
remove ‘‘INS’’ and add ‘‘DHS’’ in its
place wherever it appears.
I
[Amended]
42. In § 41.108, in paragraph (b)
remove ‘‘INS’’ and add ‘‘DHS’’ in its
place.
I
§ 41.112
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§ 42.31
§ 42.74
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[Amended]
48. In § 42.2, in paragraph (g)(2)
remove ‘‘INS’’ and add ‘‘DHS’’ in its
place, and remove ‘‘Attorney General’’
and add ‘‘Secretary of Homeland
Security’’ in its place.
§ 41.84
I D. In paragraph (d) remove ‘‘Form
OF–155A’’ and add ‘‘Form OF–155B’’ in
its place.
[Amended]
53. In § 42.51, in paragraph (b),
remove ‘‘INS’’ and add ‘‘DHS’’ in its
place.
I
§ 42.63
[Amended]
54. In § 42.63, in paragraphs (a)(1),
(a)(2),(b) and (c) remove ‘‘Form OF–
230’’ and add ‘‘Form DS–230’’ in its
place wherever it appears.
I
§ 42.67
[Amended]
55. In § 42.67, in paragraphs (a)(2) and
(c)(1) remove ‘‘Form OF–230’’ and add
‘‘Form DS–230’’ in its place wherever it
appears.
I
§ 42.71
[Amended]
56. In § 42.71, in paragraph (a) remove
‘‘INS’’ and add ‘‘DHS’’ in its place.
I
§ 42.73
[Amended]
57. In § 42.73:
A. In paragraphs (a) and (a)(6), remove
‘‘Form OF–155A’’ and add ‘‘Form OF–
55B in its place wherever it appears;’’
I B. In paragraph (b) remove ‘‘Form OF–
155A’’ and add ‘‘Form OF–155B’’ in its
place, and remove ‘‘Form OF–230’’ and
add ‘‘Form DS–230’’ in its place;
I C. In paragraph (c) remove ‘‘Form OF–
155A’’ and add ‘‘Form OF–155B’’ in its
place, and remove ‘‘Form OF–230’’ and
add ‘‘Form DS–230’’ in its place, and
remove ‘‘INS’’ and add ‘‘DHS’’ in its
place;
I
I
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[T.D. TTB–48; Re: Notice No. 44]
Expansion of San Francisco Bay and
Central Coast Viticultural Areas
(2002R–202P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
SUMMARY: This Treasury decision
expands by approximately 20,000 acres
the San Francisco Bay viticultural area
and the Central Coast viticultural area in
California to conform to the expanded
boundary of the Livermore Valley
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: July 17, 2006.
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
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beverage labels provide consumers with
adequate information regarding product
identity and prohibits the use of
misleading information on those labels.
The FAA Act also authorizes the
Secretary of the Treasury to issue
regulations to carry out its provisions.
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers these
regulations.
Part 4 of the TTB regulations (27 CFR
part 4) allows the establishment of
definitive viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) contains the
list of approved viticultural areas.
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Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region
distinguishable by geographical
features, the boundaries of which have
been recognized and defined in part 9
of the regulations. These designations
allow vintners and consumers to
attribute a given quality, reputation, or
other characteristic of a wine made from
grapes grown in an area to its
geographical origin. The establishment
of viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area is neither an approval nor an
endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
Petitioners may use the same procedure
to request changes involving existing
viticultural areas. Section 9.3(b) of the
TTB regulations requires the petition to
include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
geographical features, such as climate,
soils, elevation, and physical features,
that distinguish the proposed
viticultural area from surrounding areas;
• A description of the specific
boundary of the proposed viticultural
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area, based on features found on United
States Geological Survey (USGS) maps;
and
• A copy of the appropriate USGS
map(s) with the proposed viticultural
area’s boundary prominently marked.
San Francisco Bay and Central Coast
Viticultural Areas Expansion Petition
and Rulemaking
Background
TTB received a petition from the
Livermore Valley Winegrowers
Association proposing to expand both
the existing San Francisco Bay
viticultural area (27 CFR 9.157) and the
existing Central Coast viticultural area
(27 CFR 9.75). The association made
this request in conjunction with, and as
a consequence of, its proposed
expansion of the Livermore Valley
viticultural area (27 CFR 9.46), which is
the subject of another final rule
document published in this issue of the
Federal Register. The petitioner
represents most of the vineyards and
wineries impacted by these expansions.
The original Livermore Valley
viticultural area is entirely within the
San Francisco Bay viticultural area,
which is, in turn, entirely within the
Central Coast viticultural area. To retain
this configuration, expansion of the
Livermore Valley viticultural area
would require the minor expansions of
the San Francisco Bay and Central Coast
viticultural areas that are the subject of
this document.
Below, we summarize the evidence
presented in the petition to justify the
expansions of the San Francisco Bay
and Central Coast viticultural areas.
Rationale and Evidence for the
Proposed Expansion
In the years since the Bureau of
Alcohol, Tobacco and Firearms (ATF),
TTB’s predecessor agency, established
the current Livermore Valley
viticultural area in 1982, ATF also
established the Central Coast and San
Francisco Bay viticultural areas. Both of
these viticultural areas currently
encompass the Livermore Valley
viticultural area in its entirety and
incorporate some of the Livermore
Valley area’s eastern boundary line as
part of their own boundaries. (See:
Livermore Valley Viticultural Area,
Treasury Decision [T.D] ATF–112, 47
FR 38520, September 1, 1982; Central
Coast Viticultural Area, T.D. ATF–216,
50 FR 43130, October 24, 1985, as
amended by T.D. ATF–407 64 FR 3023,
January 20, 1999; and San Francisco Bay
Viticultural Area, T.D. ATF–407, 64 FR
3015, January 20, 1999.)
When ATF established the San
Francisco Bay viticultural area and
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amended the Central Coast viticultural
area boundary in 1999, no changes were
made to the established boundary line
of the Livermore Valley viticultural
area. As a result, the Central Coast
viticultural area and the San Francisco
Bay viticultural area currently share a
common boundary line in Alameda
County, while the Livermore Valley
viticultural area does not share the same
boundary line.
The central portion of the Livermore
Valley viticultural area’s eastern
boundary line sits to the west of the
current San Francisco Bay and Central
Coast viticultural areas’ eastern
boundary line. This portion of the
Livermore Valley viticultural area
boundary line is west of the Diablo
Range foothills, as noted on the USGS
Altamont, Byron Hot Springs, and
Mendenhall Springs Quadrangle maps.
The common eastern boundary line of
the San Francisco Bay and Central Coast
viticultural areas is east of the
Livermore Valley viticultural area
boundary line, along the western
foothills and mountains of the Diablo
Range, as defined on the USGS Midway
and Cedar Mtn. Quadrangle maps.
The preamble of T.D. ATF–407,
which established the San Francisco
Bay viticultural area, explains that the
Diablo Range elevations block the
Pacific Ocean’s marine air from
continuing eastward and inland. Also,
the region east of the Diablo Range and
the Livermore Valley has higher
temperatures, lower humidity, and
decreased rainfall typical of an inland,
continental climate.
The concurrent petition to expand the
Livermore Valley viticultural area
provides an opportunity to align the
boundaries of all three viticultural
areas—Livermore Valley, San Francisco
Bay, and Central Coast—into one
common boundary line in this region.
The proposed expansions of the San
Francisco Bay and Central Coast
viticultural areas would result in eastern
boundaries for these two areas that
coincide with the proposed boundary
expansion of the Livermore Valley
viticultural area. These proposed
expansions remain consistent with the
essential elements currently recognized
by TTB, such as name, regional identity,
and distinguishing geographical
features, of viticultural areas. Also, they
serve consumers by providing clear,
unambiguous boundaries that would
aid, rather than complicate, their wine
buying decisions.
Name and Boundary Evidence
T.D. ATF–407, which established the
San Francisco Bay viticultural area and
expanded the Central Coast viticultural
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area to the north, details evidence for
name recognition and regional identity
for the San Francisco Bay viticultural
area and the Central Coast viticultural
area. It explains that the counties of San
Francisco, Contra Costa, Alameda, Santa
Clara, and San Mateo all border the San
Francisco Bay body of water and are
consistently considered to be part of the
San Francisco Bay region. All, or
portions of, the five counties listed
above are within the established
boundary lines of the San Francisco Bay
and Central Coast viticultural areas.
To support the expansion of the
boundary of the Central Coast
viticultural area, the petitioner cited
T.D. ATF–407, which maintains that the
general marine climate extends north
and northwest beyond the originally
established boundary of the Central
Coast viticultural area. Also, the name
recognition of Central Coast, as used by
wine writers and in the California State
legislature, extends north and west into
the five counties surrounding the San
Francisco Bay body of water. The names
of both the San Francisco Bay and
Central Coast viticultural areas are
unaffected by the proposed boundary
expansions, and therefore the evidence
cited in T.D. ATF–407 remains accurate.
The proposed alignment of the San
Francisco Bay and Central Coast
boundaries with the expanded
Livermore Valley boundary is limited to
Alameda and Contra Costa Counties.
These counties encompass the Central
Coast’s northeastern region and the San
Francisco Bay’s eastern region, as noted
on the USGS maps and by the written
boundary descriptions. While the
aligned boundaries for both the San
Francisco Bay and Central Coast
viticultural areas would expand
eastward, they would do so in a limited
manner, and the boundaries remain true
to the 1999 T.D. ATF–407 regional
definitions for both viticultural areas.
In sum, the name recognition for the
affected portions of Alameda and Contra
Costa Counties continues as the San
Francisco Bay area and the larger
Central Coast area, as documented in
T.D. ATF–407. Also, the distinguishing
boundary and climatic characteristics,
as described in T.D. ATF–407, including
the cooling marine influences from the
Pacific Ocean and San Francisco Bay
and the natural boundary of the Diablo
Range, apply equally to the proposed
expansion area.
Notice of Proposed Rulemaking
On May 19, 2005, TTB published a
notice of proposed rulemaking regarding
the proposed expansion of the San
Francisco Bay and Central Coast
viticultural areas in the Federal Register
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(70 FR 28870) as Notice No. 44. In that
notice, TTB requested comments by July
18, 2005, from all interested persons.
We received no comments in response
to that notice.
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.
TTB Finding
After careful review of the petition,
TTB finds that the evidence submitted
supports the expansion of the two
proposed viticultural areas as requested
in the petition. Therefore, under the
authority of the Federal Alcohol
Administration Act and part 4 of our
regulations, we amend our regulations
to expand the boundaries of the San
Francisco Bay and Central Coast
viticultural areas in Alameda and
Contra Costa Counties, California,
effective 30 days from the publication
date of this document.
Executive Order 12866
Boundary Description
See the narrative boundary
descriptions of the expanded
viticultural areas in the amended
regulatory texts published at the end of
this document.
Maps
The petitioner provided the required
maps, and we list them below in the
proposed regulatory text.
Impact on Current Wine Labels
The expansion of the San Francisco
Bay and Central Coast viticultural areas
does not affect currently approved wine
labels. The expansions may allow
additional vintners to use ‘‘San
Francisco Bay’’ and ‘‘Central Coast’’ as
appellations of origin on their 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. 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 these regulations will
not have a significant economic impact
on a substantial number of small
entities. These regulations impose no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
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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
N.A. Sutton of the Regulations and
Rulings Division drafted this notice.
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. Section 9.75 is amended by revising
the introductory text of paragraph (b),
removing the word ‘‘and’’ at the end of
paragraph (b)(40), replacing the period
with a semicolon at the end of
paragraph (b)(41), adding new
paragraphs (b)(42) and (b)(43), and
revising paragraphs (c)(10) through
(c)(16) to read as follows:
I
§ 9.75
Central Coast.
*
*
*
*
*
(b) Approved maps. The approved
maps for determining the boundary of
the Central Coast viticultural area are
the following 43 United States
Geological Survey topographic maps:
*
*
*
*
*
(42) Midway, California, scale
1:24,000, dated 1953, Photorevised
1980; and
(43) Cedar Mtn., California, scale
1:24,000, dated 1956, Photorevised
1971; minor revision 1994.
(c) * * *
*
*
*
*
*
(10) Then proceed southeast in a
straight line approximately 1.8 miles to
BM 720 in Section 21, Township 2
South, Range 3 East. (Altamont
Quadrangle)
(11) Then proceed south-southeast
approximately 1 mile to an unnamed
1,147-foot peak in Section 28, Township
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2 South, Range 3 East. (Altamont
Quadrangle)
(12) Then proceed south-southwest in
a straight line approximately 1.1 miles
to the intersection of the eastern
boundary of Section 32 with Highway
580, Township 2 South, Range 3 East.
(Altamont Quadrangle)
(13) Then proceed south-southeast in
a straight line approximately 2.7 miles
to BM 1602 in Patterson Pass in Section
10, Township 3 South, Range 3 East.
(Altamont Quadrangle)
(14) Then proceed south-southeast in
a straight line approximately 2.8 miles
to BM 1600, adjacent to Tesla Road in
Section 26. (Midway Quadrangle)
(15) Then proceed south in a straight
line approximately 4.2 miles to BM
1878, 40 feet north of Mines Road, in
Section 14, Township 4 South, Range 3
East. (Cedar Mtn. Quadrangle)
(16) Then proceed west-southwest in
a straight line approximately 4.2 miles
to the southeast corner of Section 19,
Township 4 South, Range 3 East.
(Mendenhall Springs Quadrangle)
*
*
*
*
*
I 3. Section 9.157 is amended by
revising the introductory text of
paragraph (b), removing the word ‘‘and’’
at the end of paragraph (b)(41),
replacing the period with a semicolon
followed by the word ‘‘and’’ at the end
of paragraph (b)(42), adding a new
paragraph (b)(43), and revising
paragraphs (c)(13) through (c)(18) to
read as follows:
§ 9.157
San Francisco Bay.
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*
*
*
*
*
(b) Approved maps. The appropriate
maps for determining the boundary of
the San Francisco Bay viticultural area
are 43 United States Geological Survey
topographic maps. They are titled:
*
*
*
*
*
(43) Cedar Mtn., California, scale
1:24,000, dated 1956, Photorevised
1971; Minor Revision 1994.
(c) * * *
*
*
*
*
*
(13) Then proceed northeast in a
straight line approximately 3.2 miles to
BM 1878 in Section 14 on the Cedar
Mtn. Quadrangle.
(14) Then proceed north in a straight
line approximately 4.2 miles to BM
1600 adjacent to Tesla Road in Section
26, Township 3 South, Range 3 East on
the Midway Quadrangle.
(15) Then proceed north-northwest in
a straight line approximately 2.8 miles
to Patterson Pass, BM 1602, in Section
10, Township 3 South, Range 3 East, on
the Altamont Quadrangle.
(16) Then proceed north-northwest in
a straight line approximately 2.7 miles
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to the intersection of the eastern
boundary of Section 32 with Highway
580 in Township 2 South, Range 3 East.
(17) Then proceed north-northeast in
a straight line approximately 1.1 miles
to an unnamed peak, elevation 1147, in
Section 28, Township 2 South, Range 3
East.
(18) Then proceed north-northwest in
a straight line approximately 1 mile to
BM 720 in Section 21, Township 2
South, Range 3 East, and proceed
northwest in a straight line
approximately 1.8 miles to the northeast
corner of Section 18 on the Byron Hot
Springs Quadrangle, Township 2 South,
Range 3 East.
*
*
*
*
*
Dated: April 25, 2006.
John J. Manfreda,
Administrator.
Approved: May 25, 2006.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. E6–9364 Filed 6–14–06; 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–49; Re: Notices No. 29 and 35]
RIN 1513–AA72
Realignment of the Santa Lucia
Highlands and Arroyo Seco Viticultural
Areas (2003R–083P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
SUMMARY: This Treasury decision
realigns a portion of the common
boundary line between the established
Santa Lucia Highlands and Arroyo Seco
viticultural areas in Monterey County,
California. This realignment moves
approximately 200 acres from the
Arroyo Seco viticultural area to the
Santa Lucia Highlands 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: July 17, 2006.
FOR FURTHER INFORMATION CONTACT:
Nancy Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., No.
158, Petaluma, California 94952;
telephone 415–271–1254.
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34525
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
definitive viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) contains the
list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region
distinguishable by geographical
features, the boundaries of which have
been recognized and defined in part 9
of the regulations. These designations
allow vintners and consumers to
attribute a given quality, reputation, or
other characteristic of a wine made from
grapes grown in an area to its
geographical origin. The establishment
of viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area is neither an approval nor an
endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a 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,
E:\FR\FM\15JNR1.SGM
15JNR1
]]>Agencies
[Federal Register Volume 71, Number 115 (Thursday, June 15, 2006)]
[Rules and Regulations]
[Pages 34522-34525]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9364]
=======================================================================
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-48; Re: Notice No. 44]
RIN 1513-AA55
Expansion of San Francisco Bay and Central Coast Viticultural
Areas (2002R-202P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This Treasury decision expands by approximately 20,000 acres
the San Francisco Bay viticultural area and the Central Coast
viticultural area in California to conform to the expanded boundary of
the Livermore Valley 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: July 17, 2006.
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
[[Page 34523]]
beverage labels provide consumers with adequate information regarding
product identity and prohibits the use of misleading information on
those labels. The FAA Act also authorizes the Secretary of the Treasury
to issue regulations to carry out its provisions. The Alcohol and
Tobacco Tax and Trade Bureau (TTB) administers these regulations.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains
the list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries
of which have been recognized and defined in part 9 of the regulations.
These designations allow vintners and consumers to attribute a given
quality, reputation, or other characteristic of a wine made from grapes
grown in an area to its geographical origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area is
neither an approval nor an endorsement by TTB of the wine produced in
that area.
Requirements
Section 4.25(e)(2) of the TTB regulations outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Petitioners may use the same procedure to
request changes involving existing viticultural areas. Section 9.3(b)
of the TTB regulations requires the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, soils, elevation, and physical features, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
San Francisco Bay and Central Coast Viticultural Areas Expansion
Petition and Rulemaking
Background
TTB received a petition from the Livermore Valley Winegrowers
Association proposing to expand both the existing San Francisco Bay
viticultural area (27 CFR 9.157) and the existing Central Coast
viticultural area (27 CFR 9.75). The association made this request in
conjunction with, and as a consequence of, its proposed expansion of
the Livermore Valley viticultural area (27 CFR 9.46), which is the
subject of another final rule document published in this issue of the
Federal Register. The petitioner represents most of the vineyards and
wineries impacted by these expansions.
The original Livermore Valley viticultural area is entirely within
the San Francisco Bay viticultural area, which is, in turn, entirely
within the Central Coast viticultural area. To retain this
configuration, expansion of the Livermore Valley viticultural area
would require the minor expansions of the San Francisco Bay and Central
Coast viticultural areas that are the subject of this document.
Below, we summarize the evidence presented in the petition to
justify the expansions of the San Francisco Bay and Central Coast
viticultural areas.
Rationale and Evidence for the Proposed Expansion
In the years since the Bureau of Alcohol, Tobacco and Firearms
(ATF), TTB's predecessor agency, established the current Livermore
Valley viticultural area in 1982, ATF also established the Central
Coast and San Francisco Bay viticultural areas. Both of these
viticultural areas currently encompass the Livermore Valley
viticultural area in its entirety and incorporate some of the Livermore
Valley area's eastern boundary line as part of their own boundaries.
(See: Livermore Valley Viticultural Area, Treasury Decision [T.D] ATF-
112, 47 FR 38520, September 1, 1982; Central Coast Viticultural Area,
T.D. ATF-216, 50 FR 43130, October 24, 1985, as amended by T.D. ATF-407
64 FR 3023, January 20, 1999; and San Francisco Bay Viticultural Area,
T.D. ATF-407, 64 FR 3015, January 20, 1999.)
When ATF established the San Francisco Bay viticultural area and
amended the Central Coast viticultural area boundary in 1999, no
changes were made to the established boundary line of the Livermore
Valley viticultural area. As a result, the Central Coast viticultural
area and the San Francisco Bay viticultural area currently share a
common boundary line in Alameda County, while the Livermore Valley
viticultural area does not share the same boundary line.
The central portion of the Livermore Valley viticultural area's
eastern boundary line sits to the west of the current San Francisco Bay
and Central Coast viticultural areas' eastern boundary line. This
portion of the Livermore Valley viticultural area boundary line is west
of the Diablo Range foothills, as noted on the USGS Altamont, Byron Hot
Springs, and Mendenhall Springs Quadrangle maps. The common eastern
boundary line of the San Francisco Bay and Central Coast viticultural
areas is east of the Livermore Valley viticultural area boundary line,
along the western foothills and mountains of the Diablo Range, as
defined on the USGS Midway and Cedar Mtn. Quadrangle maps.
The preamble of T.D. ATF-407, which established the San Francisco
Bay viticultural area, explains that the Diablo Range elevations block
the Pacific Ocean's marine air from continuing eastward and inland.
Also, the region east of the Diablo Range and the Livermore Valley has
higher temperatures, lower humidity, and decreased rainfall typical of
an inland, continental climate.
The concurrent petition to expand the Livermore Valley viticultural
area provides an opportunity to align the boundaries of all three
viticultural areas--Livermore Valley, San Francisco Bay, and Central
Coast--into one common boundary line in this region. The proposed
expansions of the San Francisco Bay and Central Coast viticultural
areas would result in eastern boundaries for these two areas that
coincide with the proposed boundary expansion of the Livermore Valley
viticultural area. These proposed expansions remain consistent with the
essential elements currently recognized by TTB, such as name, regional
identity, and distinguishing geographical features, of viticultural
areas. Also, they serve consumers by providing clear, unambiguous
boundaries that would aid, rather than complicate, their wine buying
decisions.
Name and Boundary Evidence
T.D. ATF-407, which established the San Francisco Bay viticultural
area and expanded the Central Coast viticultural
[[Page 34524]]
area to the north, details evidence for name recognition and regional
identity for the San Francisco Bay viticultural area and the Central
Coast viticultural area. It explains that the counties of San
Francisco, Contra Costa, Alameda, Santa Clara, and San Mateo all border
the San Francisco Bay body of water and are consistently considered to
be part of the San Francisco Bay region. All, or portions of, the five
counties listed above are within the established boundary lines of the
San Francisco Bay and Central Coast viticultural areas.
To support the expansion of the boundary of the Central Coast
viticultural area, the petitioner cited T.D. ATF-407, which maintains
that the general marine climate extends north and northwest beyond the
originally established boundary of the Central Coast viticultural area.
Also, the name recognition of Central Coast, as used by wine writers
and in the California State legislature, extends north and west into
the five counties surrounding the San Francisco Bay body of water. The
names of both the San Francisco Bay and Central Coast viticultural
areas are unaffected by the proposed boundary expansions, and therefore
the evidence cited in T.D. ATF-407 remains accurate.
The proposed alignment of the San Francisco Bay and Central Coast
boundaries with the expanded Livermore Valley boundary is limited to
Alameda and Contra Costa Counties. These counties encompass the Central
Coast's northeastern region and the San Francisco Bay's eastern region,
as noted on the USGS maps and by the written boundary descriptions.
While the aligned boundaries for both the San Francisco Bay and Central
Coast viticultural areas would expand eastward, they would do so in a
limited manner, and the boundaries remain true to the 1999 T.D. ATF-407
regional definitions for both viticultural areas.
In sum, the name recognition for the affected portions of Alameda
and Contra Costa Counties continues as the San Francisco Bay area and
the larger Central Coast area, as documented in T.D. ATF-407. Also, the
distinguishing boundary and climatic characteristics, as described in
T.D. ATF-407, including the cooling marine influences from the Pacific
Ocean and San Francisco Bay and the natural boundary of the Diablo
Range, apply equally to the proposed expansion area.
Notice of Proposed Rulemaking
On May 19, 2005, TTB published a notice of proposed rulemaking
regarding the proposed expansion of the San Francisco Bay and Central
Coast viticultural areas in the Federal Register (70 FR 28870) as
Notice No. 44. In that notice, TTB requested comments by July 18, 2005,
from all interested persons. We received no comments in response to
that notice.
TTB Finding
After careful review of the petition, TTB finds that the evidence
submitted supports the expansion of the two proposed viticultural areas
as requested in the petition. Therefore, under the authority of the
Federal Alcohol Administration Act and part 4 of our regulations, we
amend our regulations to expand the boundaries of the San Francisco Bay
and Central Coast viticultural areas in Alameda and Contra Costa
Counties, California, effective 30 days from the publication date of
this document.
Boundary Description
See the narrative boundary descriptions of the expanded
viticultural areas in the amended regulatory texts published at the end
of this document.
Maps
The petitioner provided the required maps, and we list them below
in the proposed regulatory text.
Impact on Current Wine Labels
The expansion of the San Francisco Bay and Central Coast
viticultural areas does not affect currently approved wine labels. The
expansions may allow additional vintners to use ``San Francisco Bay''
and ``Central Coast'' as appellations of origin on their 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. 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 these regulations will not have a significant
economic impact on a substantial number of small entities. These
regulations impose 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
N.A. Sutton of the Regulations and Rulings Division drafted this
notice.
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. Section 9.75 is amended by revising the introductory text of
paragraph (b), removing the word ``and'' at the end of paragraph
(b)(40), replacing the period with a semicolon at the end of paragraph
(b)(41), adding new paragraphs (b)(42) and (b)(43), and revising
paragraphs (c)(10) through (c)(16) to read as follows:
Sec. 9.75 Central Coast.
* * * * *
(b) Approved maps. The approved maps for determining the boundary
of the Central Coast viticultural area are the following 43 United
States Geological Survey topographic maps:
* * * * *
(42) Midway, California, scale 1:24,000, dated 1953, Photorevised
1980; and
(43) Cedar Mtn., California, scale 1:24,000, dated 1956,
Photorevised 1971; minor revision 1994.
(c) * * *
* * * * *
(10) Then proceed southeast in a straight line approximately 1.8
miles to BM 720 in Section 21, Township 2 South, Range 3 East.
(Altamont Quadrangle)
(11) Then proceed south-southeast approximately 1 mile to an
unnamed 1,147-foot peak in Section 28, Township
[[Page 34525]]
2 South, Range 3 East. (Altamont Quadrangle)
(12) Then proceed south-southwest in a straight line approximately
1.1 miles to the intersection of the eastern boundary of Section 32
with Highway 580, Township 2 South, Range 3 East. (Altamont Quadrangle)
(13) Then proceed south-southeast in a straight line approximately
2.7 miles to BM 1602 in Patterson Pass in Section 10, Township 3 South,
Range 3 East. (Altamont Quadrangle)
(14) Then proceed south-southeast in a straight line approximately
2.8 miles to BM 1600, adjacent to Tesla Road in Section 26. (Midway
Quadrangle)
(15) Then proceed south in a straight line approximately 4.2 miles
to BM 1878, 40 feet north of Mines Road, in Section 14, Township 4
South, Range 3 East. (Cedar Mtn. Quadrangle)
(16) Then proceed west-southwest in a straight line approximately
4.2 miles to the southeast corner of Section 19, Township 4 South,
Range 3 East. (Mendenhall Springs Quadrangle)
* * * * *
0
3. Section 9.157 is amended by revising the introductory text of
paragraph (b), removing the word ``and'' at the end of paragraph
(b)(41), replacing the period with a semicolon followed by the word
``and'' at the end of paragraph (b)(42), adding a new paragraph
(b)(43), and revising paragraphs (c)(13) through (c)(18) to read as
follows:
Sec. 9.157 San Francisco Bay.
* * * * *
(b) Approved maps. The appropriate maps for determining the
boundary of the San Francisco Bay viticultural area are 43 United
States Geological Survey topographic maps. They are titled:
* * * * *
(43) Cedar Mtn., California, scale 1:24,000, dated 1956,
Photorevised 1971; Minor Revision 1994.
(c) * * *
* * * * *
(13) Then proceed northeast in a straight line approximately 3.2
miles to BM 1878 in Section 14 on the Cedar Mtn. Quadrangle.
(14) Then proceed north in a straight line approximately 4.2 miles
to BM 1600 adjacent to Tesla Road in Section 26, Township 3 South,
Range 3 East on the Midway Quadrangle.
(15) Then proceed north-northwest in a straight line approximately
2.8 miles to Patterson Pass, BM 1602, in Section 10, Township 3 South,
Range 3 East, on the Altamont Quadrangle.
(16) Then proceed north-northwest in a straight line approximately
2.7 miles to the intersection of the eastern boundary of Section 32
with Highway 580 in Township 2 South, Range 3 East.
(17) Then proceed north-northeast in a straight line approximately
1.1 miles to an unnamed peak, elevation 1147, in Section 28, Township 2
South, Range 3 East.
(18) Then proceed north-northwest in a straight line approximately
1 mile to BM 720 in Section 21, Township 2 South, Range 3 East, and
proceed northwest in a straight line approximately 1.8 miles to the
northeast corner of Section 18 on the Byron Hot Springs Quadrangle,
Township 2 South, Range 3 East.
* * * * *
Dated: April 25, 2006.
John J. Manfreda,
Administrator.
Approved: May 25, 2006.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. E6-9364 Filed 6-14-06; 8:45 am]
BILLING CODE 4810-31-P
