Expansion of the Livermore Valley Viticultural Area (2002R-202P), 34527-34532 [E6-9366]
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Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / Rules and Regulations
realignment. There are no changes to the
lists of maps required to document the
boundaries of the amended Arroyo Seco
and Santa Lucia Highlands viticultural
areas.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. With the
realignment of the Santa Lucia
Highlands and Arroyo Seco viticultural
areas, wine bottlers using ‘‘Santa Lucia
Highlands’’ or ‘‘Arroyo Seco’’ in a brand
name, including a trademark, or in
another label reference as to the origin
of the wine, must continue to ensure
that the product is eligible to use the
relevant viticultural area’s name as an
appellation of origin.
For a wine to be eligible to use as an
appellation of origin the name of a
viticultural area specified in part 9 of
the TTB regulations, at least 85 percent
of the grapes used to make the wine
must have been grown within the area
represented by that name, and the wine
must meet the other conditions listed in
27 CFR 4.25(e)(3). If the wine is not
eligible to use the viticultural area name
as an appellation of origin and that
name appears in the brand name, then
the label is not in compliance and the
bottler must change the brand name and
obtain approval of a new label.
Similarly, if the viticultural area name
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label.
Different rules apply if a wine has a
brand name containing a viticultural
area name that was used as a brand
name on a label approved before July 7,
1986. See 27 CFR 4.39(i)(2) for details.
Regulatory Flexibility Act
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We certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
This regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name is the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
This rule is not a significant
regulatory action as defined by
Executive Order 12866 (58 FR 51735).
Therefore, it requires no regulatory
assessment.
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Drafting Information
Nancy Sutton of the Regulations and
Rulings Division drafted this document.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, we amend 27 CFR, chapter 1,
part 9, as follows:
I
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
I
Authority: 27 U.S.C. 205.
2. Section 9.59 is amended by revising
paragraph (c)(13), redesignating
paragraphs (c)(14) through (c)(19) as
(c)(16) through (c)(21), and adding new
paragraphs (c)(14) and (c)(15) to read as
follows:
I
§ 9.59
Arroyo Seco.
*
*
*
*
*
(c) * * *
*
*
*
*
*
(13) Then east-northeasterly along
Clark Road for approximately 1,000 feet
to its intersection with an unnamed
light-duty road to the south.
(14) Then in a straight southsoutheasterly line for approximately 1.9
miles to the line’s intersection with the
southeast corner of section 33, T18S,
R6E (this line coincides with the
unnamed light duty road for
approximately 0.4 miles and then with
the eastern boundaries of sections 29, 32
and 33, T18S, R6E, which mark this
portion of the western boundary of the
historical Arroyo Seco Land Grant).
(15) Then straight west along the
southern boundary of section 33, T18S,
R6E, to its southwest corner.
*
*
*
*
*
I 3. Section 9.139 is amended by
revising paragraphs (c)(9) and (c)(10),
redesignating paragraphs (c)(11) through
(c)(21) as (c)(12) through (c)(22), and
adding a new paragraph (c)(11) to read
as follows:
§ 9.139
Santa Lucia Highlands.
*
*
*
*
*
(c) * * *
*
*
*
*
*
(9) Then east-northeasterly along
Clark Road for approximately 1,000 feet
to its intersection with an unnamed
light-duty road to the south.
(10) Then in a straight southsoutheasterly line for approximately 1.9
miles to the line’s intersection with the
southeast corner of section 33, T18S,
R6E (this line coincides with the
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34527
unnamed light duty road for about 0.4
miles and then with the eastern
boundaries of sections 29, 32 and 33,
T18S, R6E, which mark this portion of
the western boundary of the historical
Arroyo Seco Land Grant).
(11) Then straight west along the
southern boundaries of sections 33, 32,
and 31, T18S, R6E, to the southwest
corner of section 31.
*
*
*
*
*
Dated: April 16, 2006.
John J. Manfreda,
Administrator.
Approved: May 25, 2006.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. E6–9365 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–47; Re: Notice No. 43]
RIN 1513–AA54
Expansion of the Livermore Valley
Viticultural Area (2002R–202P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
SUMMARY: This Treasury decision
expands the existing 96,000-acre
Livermore Valley viticultural area into
northern Alameda County and southern
Contra Costa County, California. The
expansion adds 163,000 acres to 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.
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:
FOR FURTHER INFORMATION CONTACT:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (the FAA Act, 27
U.S.C. 201 et seq.) requires that alcohol
beverage labels provide consumers with
adequate information regarding product
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Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / Rules and Regulations
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.
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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
area, based on features found on United
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States Geological Survey (USGS) maps;
and
• A copy of the appropriate USGS
map(s) with the proposed viticultural
area’s boundary prominently marked.
Livermore Valley Viticultural Area
Expansion Petition and Rulemaking
Background
TTB received a petition from the
Livermore Valley Winegrowers
Association proposing to expand the
existing Livermore Valley viticultural
area (27 CFR 9.46). As currently
defined, the area is located in Alameda
County and encompasses approximately
96,000 acres, of which 4,235 acres are
devoted to vineyards. A total of 20
wineries operate in the viticultural area.
TTB also received from the Livermore
Valley Winegrowers Association a
petition proposing to expand the
existing San Francisco Bay (27 CFR
9.157) and Central Coast (27 CFR 9.75)
viticultural areas; that petition is
addressed in a separate final rule
document published in this issue of the
Federal Register. Those proposed
expansions correspond directly to the
proposed Livermore Valley viticultural
area expansion that is the subject of this
document.
The petitioner requested an expansion
of the Livermore Valley viticultural area
to encompass both the valley floor and
the flanking hills that define the valley’s
geography and watershed in Alameda
County and in the southern part of
Contra Costa County. The proposed
expanded Livermore Valley viticultural
area would be bounded by the Altamont
Hills and Crane Ridge to the east, Cedar
Mountain Ridge and Rocky Ridge to the
south, Walpert Ridge and Rocky Ridge
to the west, and the peak of Mount
Diablo (the highest point of the Black
Hills) to the north. The expansion of the
Livermore Valley viticultural area
would result in a viticultural area of
259,000 acres, of which 4,355 acres
would be devoted to vineyards. A total
of 24 wineries would operate within the
proposed boundaries. The expansion,
therefore, would add a total of
approximately 163,000 acres, 120 acres
of vineyards, and 4 wineries to the
viticultural area.
Below, we summarize the evidence
presented in the petition.
Name Evidence
The original final rule establishing the
Livermore Valley viticultural area,
Treasury Decision (T.D.) ATF–112, 47
FR 38520, September 1, 1982, details
the derivation of the Livermore Valley
as a place name and summarizes strong
evidence of the Livermore Valley’s local
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and national renown as a vineyard
region. As noted in ‘‘A Companion to
California Wine’’ by Charles L. Sullivan
and ‘‘The Wine Atlas of California’’ by
James Halliday, the Livermore Valley
continues to be well known as one of
California’s most historic wine regions.
The original viticultural area
boundary was established by TTB’s
predecessor, the Bureau of Alcohol,
Tobacco and Firearms (ATF), and
encompasses land historically and
geographically identified as the
Livermore Valley growing region.
Establishment of that boundary was
based upon the boundary presented to
ATF in the original petition. In the
current petition, however, the petitioner
has presented additional evidence to
TTB to support the conclusion that
lands immediately outside of and
adjacent to the original Livermore
Valley viticultural area boundary to the
north, east, south, and west could be
properly included in the viticultural
area, based upon both shared name
identification and shared geographical
features. In addition, the proposed
Livermore Valley viticultural area
expansion areas contrast sharply with
lands beyond these boundaries.
Wines & Vines of California’’ by Frona
Eunice Wait, ‘‘American Wines’’ by
Frank Schoonmaker, ‘‘Gorman on
Premium California Wines’’ by Robert
Gorman, and ‘‘The Winewright’s
Register’’ by Bruce Cass all document
the Livermore Valley as a much larger
area that encompasses the entire valley
basin and surrounding hills. All four
references recognize the Livermore
Valley as reaching north to Mount
Diablo, and all mention the hills that
surround the Livermore Valley basin to
the east, south, and west. As indicated
in the discussion of Boundary Evidence
below, the evidence defining the
Livermore Valley in this broader context
covers the region’s viticultural history,
from the 1880s to present.
Boundary Evidence
The Livermore Valley has a long
grape-growing history and a strong
regional identity. However, precise
viticulture boundaries for the region
were not defined until 1982, when ATF
established the Livermore Valley
viticultural area. The proposed
boundary expansion includes those
lands that, based on name identity and
natural features, could have been
included in the original viticultural area
petition. Also, the proposed expansion
boundaries maintain the historic and
geographical integrity of viticulture
within Livermore Valley.
Historical and current evidence
documents that what is known as the
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Livermore Valley includes the entire
valley basin and its encircling hills,
rather than the relatively limited portion
of the valley floor encompassed in the
original petition. In ‘‘Early Days in the
Livermore-Amador Valley’’ by Merilyn
Calhoun, published in 1973, the
Livermore-Amador Valley is shown as
reaching from Niles Canyon and
Vallecitos in the south to Tassajara in
the north and from the hills west of
Pleasanton to the Altamont Pass and the
eastern limits of Arroyo Seco to the east.
Bulletin No. 118–2 from the California
Department of Water Resources
‘‘Evaluation of Ground Water Resources:
Livermore and Sunol Valley’’ features
maps on land use and mean annual
precipitation. These two publications
show that the Livermore Valley
stretches from Niles Canyon in the
south, beyond the Alameda CountyContra Costa County line to the north,
and from hills west of Pleasanton in the
west to the Altamont Pass and the hills
east of Livermore in the east. ‘‘Valley
Profiles: A Photographic Essay on the
Livermore Valley of California’’ by Hans
Benhard, published in 1977, includes a
map of the Livermore Valley that
encompasses virtually the same area as
that described in the other publications,
that is, south to beyond Sunol, north to
beyond Danville, west into the hills east
of Pleasanton and Dublin, and east to
Altamont Pass.
The Livermore Valley Winegrowers
Association, which states that it
represents the interests of the Livermore
Valley growers and vintners, likewise
substantiates a broader definition for the
geographical region. The association’s
membership includes wineries and
vineyards located in Palomares Canyon
and Sunol along the western edge of the
proposed expansion. The association’s
promotional brochure, ‘‘Livermore
Valley Wine Country,’’ features a map
that shows this broader regional
definition. Wente Vineyards, one of the
original Livermore Valley viticultural
area petitioners in the early 1980s, also
supports the expansion.
What is known as the Livermore
Valley is considerably larger than the
limited portion of the valley floor and
southern hills included in the
Livermore Valley viticultural area
originally established in 1982. Natural
topographic features, that is, mountain
ranges and river drainages, primarily
define the geography of the Livermore
Valley. These natural topographic
features and their influences distinguish
the Livermore Valley and support
expansion of the viticultural area to
include the entire Livermore Valley and
its encircling hills.
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Distinguishing Features
The expanded Livermore Valley
viticultural area would encompass land
with the same geographical features as
the current viticultural area. The
uniformity of the distinguishing
elements (climate, topography, and
soils) is detailed below.
Climate and Topography
As stated in T.D. ATF–112, which
established the Livermore Valley
viticultural area, the valley has a
moderate coastal climate that results
from its proximity to San Francisco Bay
and the Pacific Ocean. That final rule
also cited cool marine winds and
morning fog as important factors in
moderating temperatures during the
growing season and in keeping the
area’s vineyards relatively frost free in
early spring.
The majority of vineyard acreage in
the Livermore Valley viticultural area,
as explained in T.D. ATF–112, is
classified as Region III (3,001–3,500
degree days) under the University of
California at Davis system of heat
summation by degree days. A small
portion of the area within the Livermore
Valley is classified as Region II (2,501–
3,000 degree days). Each degree that a
day’s mean temperature is above 50
degrees Fahrenheit, which is the
minimum temperature required for
grapevine growth, is counted as 1 degree
day; see ‘‘General Viticulture,’’ Albert J.
Winkler, University of California Press,
1975.
Cumulative climatic data from the
National Weather Service shows an
average annual degree-day total of 3,425
in the town of Livermore (elevation 486
feet), the heart of the current Livermore
Valley viticultural area. The only
equivalent weather station in the
proposed expanded viticultural area is
located at Mount Diablo Junction on the
2,100-foot elevation line, just south of
the proposed expanded northern
boundary. Cumulative climatic data
from this weather station shows an
average total for the growing season of
3,359 degree days, which is in the same
Region III range as most of the current
Livermore Valley viticultural area.
The cool marine winds and morning
fog enter the Livermore Valley from San
Francisco Bay through gaps in the
western hills of Alameda and Contra
Costa Counties, specifically through
Niles Canyon and Hayward Pass (at the
top of Dublin Canyon), as detailed in the
San Jose Astronomical Association
material (https://ephemeris.sjaa.net/
0107/b.html, search dated 10/01/01),
and through Crow Canyon. Such cooling
influences are not limited to a specific
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section of the valley. As seen from the
degree-day data above, they provide a
relatively uniform climate throughout
the Livermore Valley basin.
Developed by Waldimir Koppen in
the early 20th century and based on
temperature, precipitation, and
vegetation, the Koppen (or ‘‘Koeppen’’)
climate classification system also offers
evidence of the uniform Livermore
Valley climate. The ‘‘Koeppen
Classification for California’’ map,
developed by the University of Idaho,
and the ‘‘Koppen Climate Chart’’
classify the Livermore Valley as ‘‘Csb’’
(Mediterranean: mild with dry, warm
summer). The region is differentiated
from the ‘‘Csa’’ (Mediterranean: mild
with dry, hot summer) and ‘‘BSk’’
(Midlatitude steppe, midlatitude dry)
classifications found to the east.
Significantly, the boundary line
between these climate classifications
almost exactly duplicates the proposed
eastern boundary of the expanded
Livermore Valley viticultural area. With
the entire Livermore Valley basin
sharing the same climate, it is logical
that the entire basin should be included
in the Livermore Valley viticultural
area.
The Livermore Valley basin’s climate
during the growing season represents a
transition zone between the very cool,
temperate, marine-influenced climate
directly west and adjacent to San
Francisco Bay and the hot, dry,
diurnally (day versus night)
differentiated climate to the east of the
upper San Joaquin Valley. A clear
indicator of the unique character of the
Livermore Valley basin climate can be
seen by comparing the average growing
season degree-day totals at climate
stations within the region to those that
are east and west of the proposed
expansion of the existing Livermore
viticultural area at the same, or
approximately same, latitude. The
average degree-day total within the
proposed expanded Livermore Valley
viticultural area is fairly consistent—
3,425 at Livermore and 3,359 at Diablo
Junction. In contrast, the total at the
Upper San Leandro Filtration Plant,
directly west of the proposed expansion
area, near San Francisco Bay, averages
2,461 degree days; the total at Tracy
Carbona, directly east of the proposed
expansion area in the San Joaquin
Valley, averages 2,465 degree days.
The Livermore Valley basin, bounded
by hills to the west and east, enjoys a
climate distinct from the adjacent areas.
The unique climate of the valley
supports expansion of the viticultural
area to its natural geographical
boundaries.
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Soils
Soils are a distinguishing feature that
supports the proposed expansion of the
Livermore Valley viticultural area. The
proposed expansion area encompasses a
geographical area significantly larger
than the current Livermore Valley
viticultural area; for both areas, the
underlying geologic formations and the
geological factors in soil formation are
the same. Thus, the soils in the
proposed expansion area are consistent
with those of the original viticultural
area.
As shown on the Geologic Map of
California, the current Livermore Valley
viticultural area and the proposed
expansion area developed on the same
geologic formations. Those formations
include Pleistocene, alluvial, mostly
nonmarine terrace deposits on the basin
floor; Pleistocene, Pliocene, Miocene,
and Cretaceous sandstone, shale, gravel,
and conglomerate in the northern,
eastern, and western hills; and
Franciscan Complex fragmented and
sheared sandstone in the southern hills.
The geological forces that formed the
topography and soils in the proposed
expansion of the Livermore Valley
viticultural area are the same as those
that formed the topography and soils of
the original Livermore Valley
viticultural area. Uplift and subsidence
along several earthquake faults (among
them, the Calaveras and Pleasanton
faults to the west, the Greenwood fault
to the east, and the Livermore and Tesla
faults in the center of the valley) have
shaped the region’s topography. Erosion
and weathering of base material on the
slopes and deposition of sediment
carried in runoff onto the valley floor
have, over long periods of time, formed
the soils of the region.
T.D. ATF–112 stated, ‘‘the main soil
type is the Yolo-Pleasanton association
with the Livermore gravelly and very
gravelly series being prominent in the
southern portion of the valley.’’ This
description represents a highly
simplified review of the soils within the
original viticultural area boundaries.
According to the ‘‘Soil Survey of
Alameda Area, California’’ by the
United States Department of
Agriculture, Soil Conservation Service,
published in 1966, the portion of the
Livermore Valley floor within the
current viticultural area also includes
the Positas-Perkins association (shallow
gravelly loam on terraces) and the Clear
Lake-Sunnyvale association (shallow
clay in basins and on terraces).
Soils on the slopes of the current
viticultural area and recorded in the
survey include the Millsholm-Los
Gatos-Los Osos association (well
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drained to excessively drained soils that
have low fertility, on moderately
sloping to very steep slopes), the
Altamont-Diablo association (well
drained to excessively drained, clayey
soils that have moderate or high
fertility, on rolling to steep slopes), and
the Vallecitos-Parris association (well
drained to excessively drained, shallow
loam and gravelly loam on steep or very
steep slopes).
The ‘‘Soil Survey of Alameda Area,
California’’ and the ‘‘Soil Survey of
Contra Costa County, California,’’ by the
United States Department of
Agriculture, Soil Conservation Service,
published in 1977, both record that the
same soils were mapped in the
proposed expansion area and in the
current viticultural area. Although the
Altamont-Diablo and ClearlakeSunnyvale associations in Alameda
County and the Altamont-DiabloFontana and Clearlake-Cropley
associations in Contra Costa County
were mapped along the boundary of the
two soil survey areas, the soils are
virtually identical. The differences in
soil names are the result of
improvements in the classification of
the soils, particularly modifications or
refinements in soil series concepts.
Regarding vineyards, the soils in the
proposed expanded Livermore Valley
viticultural area are different from those
in surrounding areas to the north and
east; they are on the only sites where
vineyards are suited in the immediate
vicinity because of steep terrain,
population density, and other limiting
factors. To the north and east of the
proposed boundary, the soils transition
into the Brentwood-Rincon-Zamora
association (level, well drained clay and
silty clay loam on alluvial fans) and the
Marcuse-Solan-Pescadero association
(nearly level, poorly drained clay, loam,
and clay loam on basin rims). Although
suited to vineyards, these soils differ
from those in the current Livermore
Valley viticultural area and the
proposed expansion area.
Evidence Summary
The entire Livermore Valley basin has
the same moderate coastal climate as
that of the existing Livermore Valley
viticultural area and the same average
degree-day totals. Also, the climatic data
and supporting evidence show the
Livermore Valley basin experiences the
same cooling marine influences of wind
and morning fog through the gaps in the
western hills of Alameda and Contra
Costa Counties as does the current
viticultural area. Hence, both the
existing Livermore Valley viticultural
area and the broader Livermore Valley
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basin experience the same unique
climate.
Topographic and soil evidence
indicates the same geologic formations
are in the two areas. Clearly, the
proposed expansion area and the
current viticultural area have
experienced the same geological forces.
Allowing for differences in soil names
resulting from improvements in the
classification of the soils, the same soils
are in both the proposed expansion area
and the existing viticultural area. Unlike
the climate, the soils in the proposed
expansion area are not unique to the
region. However, areas beyond the
boundaries to the west and north—the
only adjacent areas suited to grape
growing—transition into soil
associations unlike those in the current
viticultural area or the proposed
expansion area.
The distinguishing features of the
original Livermore Valley viticultural
area, including the climate and soils, are
present in the proposed expansion area
and provide sufficient evidence to meet
the requirements of 27 CFR 9.3.
Notice of Proposed Rulemaking and
Comments Received
On May 19, 2005, TTB published a
notice of proposed rulemaking regarding
the expansion of the Livermore Valley
viticultural area in the Federal Register
(70 FR 28873) as Notice No. 43. In that
notice, TTB requested comments by July
18, 2005, from all interested persons.
TTB received one comment in response
to the notice. The comment supported
the expansion of the Livermore Valley
viticultural area and noted geographical
and climatic similarities of the existing
viticultural area and the proposed
expansion area.
TTB Finding
After careful review of the petition
and the submitted comment, TTB finds
that the evidence submitted supports
the expansion of the Livermore Valley
viticultural area 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
boundary of the Livermore Valley
viticultural area in Alameda and Contra
Costa Counties, California, effective 30
days from the publication date of this
document.
Boundary Description
See the narrative boundary
description of the expanded Livermore
Valley viticultural area in the amended
regulatory text published at the end of
this document.
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Authority: 27 U.S.C. 205.
Maps
The petitioner provided the required
maps, and we list them in the regulatory
text.
The expansion of the Livermore
Valley viticultural area does not affect
currently approved wine labels. The
expansion may allow additional
vintners to use ‘‘Livermore Valley’’ as
an appellation 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 this regulation will not
have a significant economic impact on
a substantial number of small entities.
This regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name is the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
This rule is not a significant
regulatory action as defined by
Executive Order 12866, 58 FR 51735.
Therefore, it requires no regulatory
assessment.
Drafting Information
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 are amending title 27 CFR,
chapter 1, part 9, as follows:
cprice-sewell on PROD1PC66 with RULES
I
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
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2. Section 9.46 is amended by revising
paragraphs (b) and (c) to read as follows:
I
Impact on Current Wine Labels
I
Subpart C—Approved American
Viticultural Areas
§ 9.46
Livermore Valley.
*
*
*
*
*
(b) Approved maps. The appropriate
maps for determining the boundary of
the Livermore Valley viticultural area
are 13 United States Geological Survey
1:24,000 scale topographic maps. They
are titled:
(1) Clayton, CA (1953; Photorevised
1980; Minor Revision 1994);
(2) Diablo, Calif. (1953; Photorevised
1980);
(3) Tassajara, CA (1996);
(4) Byron Hot Springs, Calif., (1953,
Photorevised 1968);
(5) Altamont, Calif., (1953,
Photorevised 1981);
(6) Midway, Calif., (1953,
Photorevised 1980);
(7) Cedar Mtn., CA, (1956,
Photorevised 1971, Minor Revision
1994);
(8) Mendenhall Springs, CA (1996);
(9) La Costa Valley, CA (1996);
(10) Niles, Calif., (1961, Photorevised
1980);
(11) Dublin, Calif., (1961,
Photorevised 1980);
(12) Hayward, CA (1993); and
(13) Las Trampas Ridge, CA (1995).
(c) Boundary. The Livermore Valley
viticultural area is located in the State
of California in Contra Costa and
Alameda Counties. The Livermore
Valley viticultural area’s boundary is
defined as follows:
(1) The beginning point is on the
Clayton map at the peak of Mount
Diablo (VABM 3849) where the Mount
Diablo Base Line and Mount Diablo
Meridian Line intersect, T1S, R1E;
(2) From the beginning point proceed
southeast in a straight line for
approximately 14 miles, crossing the
Diablo and Tassajara maps, and pass
onto the Byron Hot Springs map to the
summit of Brushy Peak (elevation 1,702
feet), T1S, R2E; then
(3) Continue due south in a straight
line approximately 400 feet to the
northern boundary of section 13, T2S,
R2E; then
(4) Proceed due east along the section
13 and section 18 northern boundary
lines to the northeast corner of section
18, T2S, R3E; then
(5) Continue southeast in a straight
line approximately 1.8 miles to BM 720
in section 21, T2S, R3E, on the
Altamont map; then
(6) Continue south-southeast in a
straight line approximately 1 mile to an
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34531
unnamed, 1,147-foot peak in section 28,
T2S, R3E; then
(7) Continue south-southwest in a
straight line approximately 1.1 miles to
the intersection of the eastern boundary
of section 32, T2S, R3E, with Interstate
580; then
(8) Continue southeast in a straight
line approximately 2.7 miles to BM
1602 in Patterson Pass in section 10,
T3S, R3E; then
(9) Continue south-southeast in a
straight line approximately 2.8 miles to
BM 1600, adjacent to Tesla Road in
section 26, T3S, R3E, on the Midway
map; then
(10) Continue south in a straight line
approximately 4.2 miles, passing onto
the Cedar Mtn. map, to BM 1878, 40 feet
north of Mines Road, in section 14, T4S,
R3E; then
(11) Proceed west-southwest in a
straight line approximately 4.2 miles,
passing onto the Mendenhall Springs
map, to the southeast corner of section
19, T4S, R3E; then
(12) Continue west along the southern
boundaries of section 19, T4S, R3E, and
section 24, T4S, R2E, to the southwest
corner of section 24; then
(13) Proceed north along the western
boundary of section 24, T4S, R2E, to the
southeast corner of section 14, T4S,
R2E; then
(14) Continue west along the southern
boundary of section 14, T4S, R2E, to its
southwest corner and then proceed
north along the western boundary of
section 14 to its intersection with the
Hetch Hetchy Aqueduct, T4S, R2E; then
(15) Follow the Hetch Hetchy
Aqueduct west-southwest
approximately 4.2 miles to the
Aqueduct’s intersection with the R1E/
R2E range line on the La Costa Valley
map, T4S; then
(16) Continue southwest in a straight
line approximately 3.9 miles, crossing
Apperson, Welsh, and Alameda Creeks,
to BM 533 in section 10, T5S, R1E; then
(17) Proceed due west-northwest in a
straight line approximately 1.9 miles,
passing onto the Niles map, to the line’s
intersection with the eastern boundary
of section 5 and the Fremont Boundary
Line, T5S, R1E; then
(18) Continue northwest in a straight
line approximately 1.1 miles to an
unnamed, 1,291-foot peak in section 32,
T4S, R1E; then
(19) Continue northwest in a straight
line approximately 1.1 miles to an
unnamed, 1,058-foot peak in section 30,
T4S, R1E; then
(20) Continue northwest in a straight
line approximately 3.8 miles, passing
through BM 161 in section 11, T4S,
R1W, until the line intersects Palomares
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Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / Rules and Regulations
Road, a medium duty road, in section
11; then
(21) Follow Palomares Road in a
northerly direction for approximately
0.7 miles to the road’s intersection with
the power transmission line shown in
section 11, T4S, R1W; then
(22) Proceed northwest along the
power transmission line for
approximately 6.4 miles, passing
through the Dublin map near Walpert
Ridge, onto the Hayward map to the
point where the power transmission line
turns nearly west, approximately 500
feet south of an unnamed, 891-foot,
peak, T3S, R2W; then
(23) Continue north-northwest in a
straight line approximately 1.4 miles to
an unnamed, 840-foot peak, T3S, R2W;
then
(24) Proceed north-northeast in a
straight line approximately 3.4 miles,
returning to the Dublin map, to the
point where the Contra Costa CountyAlameda County line turns to the
northwest, about 0.4 mile west of
Wiedemann Hill (elevation 1,854 feet),
section 20, T2S, R1W; then
(25) Proceed in a northwesterly
direction along the meandering Contra
Costa County-Alameda County line for
approximately 6.0 miles, passing briefly
onto the Hayward, Las Trampas Ridge,
and Diablo maps, before returning to the
Las Trampas Ridge map and continuing
to the point where the Contra Costa
County-Alameda County line turns to
the west-northwest, section 35, T1S,
R2W; then
(26) Continue north-northwest in a
straight line approximately 2.7 miles to
the summit of Las Trampas Peak
(elevation 1,827 feet) in section 22, T1S,
R2W; then
(27) Proceed east-northeast in a
straight line approximately 8.8 miles,
passing through the Diablo map, and
return to the beginning point.
cprice-sewell on PROD1PC66 with RULES
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. E6–9366 Filed 6–14–06; 8:45 am]
BILLING CODE 4810–31–P
VerDate Aug<31>2005
14:45 Jun 14, 2006
Jkt 208001
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Parts 4022 and 4044
Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets
in Single-Employer Plans; Interest
Assumptions for Valuing and Paying
Benefits
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
SUMMARY: The Pension Benefit Guaranty
Corporation’s regulations on Benefits
Payable in Terminated Single-Employer
Plans and Allocation of Assets in
Single-Employer Plans prescribe interest
assumptions for valuing and paying
benefits under terminating singleemployer plans. This final rule amends
the regulations to adopt interest
assumptions for plans with valuation
dates in July 2006. Interest assumptions
are also published on the PBGC’s Web
site (https://www.pbgc.gov).
DATES: Effective July 1, 2006.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Attorney, Legislative
and Regulatory Department, Pension
Benefit Guaranty Corporation, 1200 K
Street, NW., Washington, DC 20005,
202–326–4024. (TTY/TDD users may
call the Federal relay service toll-free at
1–800–877–8339 and ask to be
connected to 202–326–4024.)
SUPPLEMENTARY INFORMATION: The
PBGC’s regulations prescribe actuarial
assumptions—including interest
assumptions—for valuing and paying
plan benefits of terminating singleemployer plans covered by title IV of
the Employee Retirement Income
Security Act of 1974. The interest
assumptions are intended to reflect
current conditions in the financial and
annuity markets.
Three sets of interest assumptions are
prescribed: (1) A set for the valuation of
benefits for allocation purposes under
section 4044 (found in Appendix B to
part 4044), (2) a set for the PBGC to use
to determine whether a benefit is
payable as a lump sum and to determine
lump-sum amounts to be paid by the
PBGC (found in Appendix B to part
4022), and (3) a set for private-sector
pension practitioners to refer to if they
wish to use lump-sum interest rates
determined using the PBGC’s historical
methodology (found in Appendix C to
part 4022).
This amendment (1) adds to
Appendix B to part 4044 the interest
assumptions for valuing benefits for
allocation purposes in plans with
valuation dates during July 2006, (2)
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Frm 00026
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adds to Appendix B to part 4022 the
interest assumptions for the PBGC to
use for its own lump-sum payments in
plans with valuation dates during July
2006, and (3) adds to Appendix C to
part 4022 the interest assumptions for
private-sector pension practitioners to
refer to if they wish to use lump-sum
interest rates determined using the
PBGC’s historical methodology for
valuation dates during July 2006.
For valuation of benefits for allocation
purposes, the interest assumptions that
the PBGC will use (set forth in
Appendix B to part 4044) will be 6.30
percent for the first 20 years following
the valuation date and 4.75 percent
thereafter. These interest assumptions
represent an increase (from those in
effect for June 2006) of 0.10 percent for
the first 20 years following the valuation
date and are otherwise unchanged.
These interest assumptions reflect the
PBGC’s recently updated mortality
assumptions, which are effective for
terminations on or after January 1, 2006.
See the PBGC’s final rule published
December 2, 2005 (70 FR 72205), which
is available at https://www.pbgc.gov/
docs/05–23554.pdf. Because the
updated mortality assumptions reflect
improvements in mortality, these
interest assumptions are higher than
they would have been using the old
mortality assumptions.
The interest assumptions that the
PBGC will use for its own lump-sum
payments (set forth in Appendix B to
part 4022) will be 3.50 percent for the
period during which a benefit is in pay
status and 4.00 percent during any years
preceding the benefit’s placement in pay
status. These interest assumptions
represent an increase (from those in
effect for June 2006) of 0.25 percent for
the period during which a benefit is in
pay status and are otherwise unchanged.
For private-sector payments, the
interest assumptions (set forth in
Appendix C to part 4022) will be the
same as those used by the PBGC for
determining and paying lump sums (set
forth in Appendix B to part 4022).
The PBGC has determined that notice
and public comment on this amendment
are impracticable and contrary to the
public interest. This finding is based on
the need to determine and issue new
interest assumptions promptly so that
the assumptions can reflect current
market conditions as accurately as
possible.
Because of the need to provide
immediate guidance for the valuation
and payment of benefits in plans with
valuation dates during July 2006, the
PBGC finds that good cause exists for
making the assumptions set forth in this
E:\FR\FM\15JNR1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 115 (Thursday, June 15, 2006)]
[Rules and Regulations]
[Pages 34527-34532]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9366]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-47; Re: Notice No. 43]
RIN 1513-AA54
Expansion of the Livermore Valley Viticultural Area (2002R-202P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This Treasury decision expands the existing 96,000-acre
Livermore Valley viticultural area into northern Alameda County and
southern Contra Costa County, California. The expansion adds 163,000
acres to 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 beverage labels
provide consumers with adequate information regarding product
[[Page 34528]]
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.
Livermore Valley Viticultural Area Expansion Petition and Rulemaking
Background
TTB received a petition from the Livermore Valley Winegrowers
Association proposing to expand the existing Livermore Valley
viticultural area (27 CFR 9.46). As currently defined, the area is
located in Alameda County and encompasses approximately 96,000 acres,
of which 4,235 acres are devoted to vineyards. A total of 20 wineries
operate in the viticultural area.
TTB also received from the Livermore Valley Winegrowers Association
a petition proposing to expand the existing San Francisco Bay (27 CFR
9.157) and Central Coast (27 CFR 9.75) viticultural areas; that
petition is addressed in a separate final rule document published in
this issue of the Federal Register. Those proposed expansions
correspond directly to the proposed Livermore Valley viticultural area
expansion that is the subject of this document.
The petitioner requested an expansion of the Livermore Valley
viticultural area to encompass both the valley floor and the flanking
hills that define the valley's geography and watershed in Alameda
County and in the southern part of Contra Costa County. The proposed
expanded Livermore Valley viticultural area would be bounded by the
Altamont Hills and Crane Ridge to the east, Cedar Mountain Ridge and
Rocky Ridge to the south, Walpert Ridge and Rocky Ridge to the west,
and the peak of Mount Diablo (the highest point of the Black Hills) to
the north. The expansion of the Livermore Valley viticultural area
would result in a viticultural area of 259,000 acres, of which 4,355
acres would be devoted to vineyards. A total of 24 wineries would
operate within the proposed boundaries. The expansion, therefore, would
add a total of approximately 163,000 acres, 120 acres of vineyards, and
4 wineries to the viticultural area.
Below, we summarize the evidence presented in the petition.
Name Evidence
The original final rule establishing the Livermore Valley
viticultural area, Treasury Decision (T.D.) ATF-112, 47 FR 38520,
September 1, 1982, details the derivation of the Livermore Valley as a
place name and summarizes strong evidence of the Livermore Valley's
local and national renown as a vineyard region. As noted in ``A
Companion to California Wine'' by Charles L. Sullivan and ``The Wine
Atlas of California'' by James Halliday, the Livermore Valley continues
to be well known as one of California's most historic wine regions.
The original viticultural area boundary was established by TTB's
predecessor, the Bureau of Alcohol, Tobacco and Firearms (ATF), and
encompasses land historically and geographically identified as the
Livermore Valley growing region. Establishment of that boundary was
based upon the boundary presented to ATF in the original petition. In
the current petition, however, the petitioner has presented additional
evidence to TTB to support the conclusion that lands immediately
outside of and adjacent to the original Livermore Valley viticultural
area boundary to the north, east, south, and west could be properly
included in the viticultural area, based upon both shared name
identification and shared geographical features. In addition, the
proposed Livermore Valley viticultural area expansion areas contrast
sharply with lands beyond these boundaries.
Wines & Vines of California'' by Frona Eunice Wait, ``American
Wines'' by Frank Schoonmaker, ``Gorman on Premium California Wines'' by
Robert Gorman, and ``The Winewright's Register'' by Bruce Cass all
document the Livermore Valley as a much larger area that encompasses
the entire valley basin and surrounding hills. All four references
recognize the Livermore Valley as reaching north to Mount Diablo, and
all mention the hills that surround the Livermore Valley basin to the
east, south, and west. As indicated in the discussion of Boundary
Evidence below, the evidence defining the Livermore Valley in this
broader context covers the region's viticultural history, from the
1880s to present.
Boundary Evidence
The Livermore Valley has a long grape-growing history and a strong
regional identity. However, precise viticulture boundaries for the
region were not defined until 1982, when ATF established the Livermore
Valley viticultural area. The proposed boundary expansion includes
those lands that, based on name identity and natural features, could
have been included in the original viticultural area petition. Also,
the proposed expansion boundaries maintain the historic and
geographical integrity of viticulture within Livermore Valley.
Historical and current evidence documents that what is known as the
[[Page 34529]]
Livermore Valley includes the entire valley basin and its encircling
hills, rather than the relatively limited portion of the valley floor
encompassed in the original petition. In ``Early Days in the Livermore-
Amador Valley'' by Merilyn Calhoun, published in 1973, the Livermore-
Amador Valley is shown as reaching from Niles Canyon and Vallecitos in
the south to Tassajara in the north and from the hills west of
Pleasanton to the Altamont Pass and the eastern limits of Arroyo Seco
to the east. Bulletin No. 118-2 from the California Department of Water
Resources ``Evaluation of Ground Water Resources: Livermore and Sunol
Valley'' features maps on land use and mean annual precipitation. These
two publications show that the Livermore Valley stretches from Niles
Canyon in the south, beyond the Alameda County-Contra Costa County line
to the north, and from hills west of Pleasanton in the west to the
Altamont Pass and the hills east of Livermore in the east. ``Valley
Profiles: A Photographic Essay on the Livermore Valley of California''
by Hans Benhard, published in 1977, includes a map of the Livermore
Valley that encompasses virtually the same area as that described in
the other publications, that is, south to beyond Sunol, north to beyond
Danville, west into the hills east of Pleasanton and Dublin, and east
to Altamont Pass.
The Livermore Valley Winegrowers Association, which states that it
represents the interests of the Livermore Valley growers and vintners,
likewise substantiates a broader definition for the geographical
region. The association's membership includes wineries and vineyards
located in Palomares Canyon and Sunol along the western edge of the
proposed expansion. The association's promotional brochure, ``Livermore
Valley Wine Country,'' features a map that shows this broader regional
definition. Wente Vineyards, one of the original Livermore Valley
viticultural area petitioners in the early 1980s, also supports the
expansion.
What is known as the Livermore Valley is considerably larger than
the limited portion of the valley floor and southern hills included in
the Livermore Valley viticultural area originally established in 1982.
Natural topographic features, that is, mountain ranges and river
drainages, primarily define the geography of the Livermore Valley.
These natural topographic features and their influences distinguish the
Livermore Valley and support expansion of the viticultural area to
include the entire Livermore Valley and its encircling hills.
Distinguishing Features
The expanded Livermore Valley viticultural area would encompass
land with the same geographical features as the current viticultural
area. The uniformity of the distinguishing elements (climate,
topography, and soils) is detailed below.
Climate and Topography
As stated in T.D. ATF-112, which established the Livermore Valley
viticultural area, the valley has a moderate coastal climate that
results from its proximity to San Francisco Bay and the Pacific Ocean.
That final rule also cited cool marine winds and morning fog as
important factors in moderating temperatures during the growing season
and in keeping the area's vineyards relatively frost free in early
spring.
The majority of vineyard acreage in the Livermore Valley
viticultural area, as explained in T.D. ATF-112, is classified as
Region III (3,001-3,500 degree days) under the University of California
at Davis system of heat summation by degree days. A small portion of
the area within the Livermore Valley is classified as Region II (2,501-
3,000 degree days). Each degree that a day's mean temperature is above
50 degrees Fahrenheit, which is the minimum temperature required for
grapevine growth, is counted as 1 degree day; see ``General
Viticulture,'' Albert J. Winkler, University of California Press, 1975.
Cumulative climatic data from the National Weather Service shows an
average annual degree-day total of 3,425 in the town of Livermore
(elevation 486 feet), the heart of the current Livermore Valley
viticultural area. The only equivalent weather station in the proposed
expanded viticultural area is located at Mount Diablo Junction on the
2,100-foot elevation line, just south of the proposed expanded northern
boundary. Cumulative climatic data from this weather station shows an
average total for the growing season of 3,359 degree days, which is in
the same Region III range as most of the current Livermore Valley
viticultural area.
The cool marine winds and morning fog enter the Livermore Valley
from San Francisco Bay through gaps in the western hills of Alameda and
Contra Costa Counties, specifically through Niles Canyon and Hayward
Pass (at the top of Dublin Canyon), as detailed in the San Jose
Astronomical Association material (https://ephemeris.sjaa.net/0107/
b.html, search dated 10/01/01), and through Crow Canyon. Such cooling
influences are not limited to a specific section of the valley. As seen
from the degree-day data above, they provide a relatively uniform
climate throughout the Livermore Valley basin.
Developed by Waldimir Koppen in the early 20th century and based on
temperature, precipitation, and vegetation, the Koppen (or ``Koeppen'')
climate classification system also offers evidence of the uniform
Livermore Valley climate. The ``Koeppen Classification for California''
map, developed by the University of Idaho, and the ``Koppen Climate
Chart'' classify the Livermore Valley as ``Csb'' (Mediterranean: mild
with dry, warm summer). The region is differentiated from the ``Csa''
(Mediterranean: mild with dry, hot summer) and ``BSk'' (Midlatitude
steppe, midlatitude dry) classifications found to the east.
Significantly, the boundary line between these climate classifications
almost exactly duplicates the proposed eastern boundary of the expanded
Livermore Valley viticultural area. With the entire Livermore Valley
basin sharing the same climate, it is logical that the entire basin
should be included in the Livermore Valley viticultural area.
The Livermore Valley basin's climate during the growing season
represents a transition zone between the very cool, temperate, marine-
influenced climate directly west and adjacent to San Francisco Bay and
the hot, dry, diurnally (day versus night) differentiated climate to
the east of the upper San Joaquin Valley. A clear indicator of the
unique character of the Livermore Valley basin climate can be seen by
comparing the average growing season degree-day totals at climate
stations within the region to those that are east and west of the
proposed expansion of the existing Livermore viticultural area at the
same, or approximately same, latitude. The average degree-day total
within the proposed expanded Livermore Valley viticultural area is
fairly consistent--3,425 at Livermore and 3,359 at Diablo Junction. In
contrast, the total at the Upper San Leandro Filtration Plant, directly
west of the proposed expansion area, near San Francisco Bay, averages
2,461 degree days; the total at Tracy Carbona, directly east of the
proposed expansion area in the San Joaquin Valley, averages 2,465
degree days.
The Livermore Valley basin, bounded by hills to the west and east,
enjoys a climate distinct from the adjacent areas. The unique climate
of the valley supports expansion of the viticultural area to its
natural geographical boundaries.
[[Page 34530]]
Soils
Soils are a distinguishing feature that supports the proposed
expansion of the Livermore Valley viticultural area. The proposed
expansion area encompasses a geographical area significantly larger
than the current Livermore Valley viticultural area; for both areas,
the underlying geologic formations and the geological factors in soil
formation are the same. Thus, the soils in the proposed expansion area
are consistent with those of the original viticultural area.
As shown on the Geologic Map of California, the current Livermore
Valley viticultural area and the proposed expansion area developed on
the same geologic formations. Those formations include Pleistocene,
alluvial, mostly nonmarine terrace deposits on the basin floor;
Pleistocene, Pliocene, Miocene, and Cretaceous sandstone, shale,
gravel, and conglomerate in the northern, eastern, and western hills;
and Franciscan Complex fragmented and sheared sandstone in the southern
hills.
The geological forces that formed the topography and soils in the
proposed expansion of the Livermore Valley viticultural area are the
same as those that formed the topography and soils of the original
Livermore Valley viticultural area. Uplift and subsidence along several
earthquake faults (among them, the Calaveras and Pleasanton faults to
the west, the Greenwood fault to the east, and the Livermore and Tesla
faults in the center of the valley) have shaped the region's
topography. Erosion and weathering of base material on the slopes and
deposition of sediment carried in runoff onto the valley floor have,
over long periods of time, formed the soils of the region.
T.D. ATF-112 stated, ``the main soil type is the Yolo-Pleasanton
association with the Livermore gravelly and very gravelly series being
prominent in the southern portion of the valley.'' This description
represents a highly simplified review of the soils within the original
viticultural area boundaries. According to the ``Soil Survey of Alameda
Area, California'' by the United States Department of Agriculture, Soil
Conservation Service, published in 1966, the portion of the Livermore
Valley floor within the current viticultural area also includes the
Positas-Perkins association (shallow gravelly loam on terraces) and the
Clear Lake-Sunnyvale association (shallow clay in basins and on
terraces).
Soils on the slopes of the current viticultural area and recorded
in the survey include the Millsholm-Los Gatos-Los Osos association
(well drained to excessively drained soils that have low fertility, on
moderately sloping to very steep slopes), the Altamont-Diablo
association (well drained to excessively drained, clayey soils that
have moderate or high fertility, on rolling to steep slopes), and the
Vallecitos-Parris association (well drained to excessively drained,
shallow loam and gravelly loam on steep or very steep slopes).
The ``Soil Survey of Alameda Area, California'' and the ``Soil
Survey of Contra Costa County, California,'' by the United States
Department of Agriculture, Soil Conservation Service, published in
1977, both record that the same soils were mapped in the proposed
expansion area and in the current viticultural area. Although the
Altamont-Diablo and Clearlake-Sunnyvale associations in Alameda County
and the Altamont-Diablo-Fontana and Clearlake-Cropley associations in
Contra Costa County were mapped along the boundary of the two soil
survey areas, the soils are virtually identical. The differences in
soil names are the result of improvements in the classification of the
soils, particularly modifications or refinements in soil series
concepts.
Regarding vineyards, the soils in the proposed expanded Livermore
Valley viticultural area are different from those in surrounding areas
to the north and east; they are on the only sites where vineyards are
suited in the immediate vicinity because of steep terrain, population
density, and other limiting factors. To the north and east of the
proposed boundary, the soils transition into the Brentwood-Rincon-
Zamora association (level, well drained clay and silty clay loam on
alluvial fans) and the Marcuse-Solan-Pescadero association (nearly
level, poorly drained clay, loam, and clay loam on basin rims).
Although suited to vineyards, these soils differ from those in the
current Livermore Valley viticultural area and the proposed expansion
area.
Evidence Summary
The entire Livermore Valley basin has the same moderate coastal
climate as that of the existing Livermore Valley viticultural area and
the same average degree-day totals. Also, the climatic data and
supporting evidence show the Livermore Valley basin experiences the
same cooling marine influences of wind and morning fog through the gaps
in the western hills of Alameda and Contra Costa Counties as does the
current viticultural area. Hence, both the existing Livermore Valley
viticultural area and the broader Livermore Valley basin experience the
same unique climate.
Topographic and soil evidence indicates the same geologic
formations are in the two areas. Clearly, the proposed expansion area
and the current viticultural area have experienced the same geological
forces. Allowing for differences in soil names resulting from
improvements in the classification of the soils, the same soils are in
both the proposed expansion area and the existing viticultural area.
Unlike the climate, the soils in the proposed expansion area are not
unique to the region. However, areas beyond the boundaries to the west
and north--the only adjacent areas suited to grape growing--transition
into soil associations unlike those in the current viticultural area or
the proposed expansion area.
The distinguishing features of the original Livermore Valley
viticultural area, including the climate and soils, are present in the
proposed expansion area and provide sufficient evidence to meet the
requirements of 27 CFR 9.3.
Notice of Proposed Rulemaking and Comments Received
On May 19, 2005, TTB published a notice of proposed rulemaking
regarding the expansion of the Livermore Valley viticultural area in
the Federal Register (70 FR 28873) as Notice No. 43. In that notice,
TTB requested comments by July 18, 2005, from all interested persons.
TTB received one comment in response to the notice. The comment
supported the expansion of the Livermore Valley viticultural area and
noted geographical and climatic similarities of the existing
viticultural area and the proposed expansion area.
TTB Finding
After careful review of the petition and the submitted comment, TTB
finds that the evidence submitted supports the expansion of the
Livermore Valley viticultural area 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 boundary of the Livermore Valley viticultural area in Alameda and
Contra Costa Counties, California, effective 30 days from the
publication date of this document.
Boundary Description
See the narrative boundary description of the expanded Livermore
Valley viticultural area in the amended regulatory text published at
the end of this document.
[[Page 34531]]
Maps
The petitioner provided the required maps, and we list them in the
regulatory text.
Impact on Current Wine Labels
The expansion of the Livermore Valley viticultural area does not
affect currently approved wine labels. The expansion may allow
additional vintners to use ``Livermore Valley'' as an appellation 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 this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is the result of a proprietor's efforts and
consumer acceptance of wines from that area. Therefore, no regulatory
flexibility analysis is required.
Executive Order 12866
This rule is not a significant regulatory action as defined by
Executive Order 12866, 58 FR 51735. Therefore, it requires no
regulatory assessment.
Drafting Information
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 are amending title 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 9.46 is amended by revising paragraphs (b) and (c) to read
as follows:
Sec. 9.46 Livermore Valley.
* * * * *
(b) Approved maps. The appropriate maps for determining the
boundary of the Livermore Valley viticultural area are 13 United States
Geological Survey 1:24,000 scale topographic maps. They are titled:
(1) Clayton, CA (1953; Photorevised 1980; Minor Revision 1994);
(2) Diablo, Calif. (1953; Photorevised 1980);
(3) Tassajara, CA (1996);
(4) Byron Hot Springs, Calif., (1953, Photorevised 1968);
(5) Altamont, Calif., (1953, Photorevised 1981);
(6) Midway, Calif., (1953, Photorevised 1980);
(7) Cedar Mtn., CA, (1956, Photorevised 1971, Minor Revision 1994);
(8) Mendenhall Springs, CA (1996);
(9) La Costa Valley, CA (1996);
(10) Niles, Calif., (1961, Photorevised 1980);
(11) Dublin, Calif., (1961, Photorevised 1980);
(12) Hayward, CA (1993); and
(13) Las Trampas Ridge, CA (1995).
(c) Boundary. The Livermore Valley viticultural area is located in
the State of California in Contra Costa and Alameda Counties. The
Livermore Valley viticultural area's boundary is defined as follows:
(1) The beginning point is on the Clayton map at the peak of Mount
Diablo (VABM 3849) where the Mount Diablo Base Line and Mount Diablo
Meridian Line intersect, T1S, R1E;
(2) From the beginning point proceed southeast in a straight line
for approximately 14 miles, crossing the Diablo and Tassajara maps, and
pass onto the Byron Hot Springs map to the summit of Brushy Peak
(elevation 1,702 feet), T1S, R2E; then
(3) Continue due south in a straight line approximately 400 feet to
the northern boundary of section 13, T2S, R2E; then
(4) Proceed due east along the section 13 and section 18 northern
boundary lines to the northeast corner of section 18, T2S, R3E; then
(5) Continue southeast in a straight line approximately 1.8 miles
to BM 720 in section 21, T2S, R3E, on the Altamont map; then
(6) Continue south-southeast in a straight line approximately 1
mile to an unnamed, 1,147-foot peak in section 28, T2S, R3E; then
(7) Continue south-southwest in a straight line approximately 1.1
miles to the intersection of the eastern boundary of section 32, T2S,
R3E, with Interstate 580; then
(8) Continue southeast in a straight line approximately 2.7 miles
to BM 1602 in Patterson Pass in section 10, T3S, R3E; then
(9) Continue south-southeast in a straight line approximately 2.8
miles to BM 1600, adjacent to Tesla Road in section 26, T3S, R3E, on
the Midway map; then
(10) Continue south in a straight line approximately 4.2 miles,
passing onto the Cedar Mtn. map, to BM 1878, 40 feet north of Mines
Road, in section 14, T4S, R3E; then
(11) Proceed west-southwest in a straight line approximately 4.2
miles, passing onto the Mendenhall Springs map, to the southeast corner
of section 19, T4S, R3E; then
(12) Continue west along the southern boundaries of section 19,
T4S, R3E, and section 24, T4S, R2E, to the southwest corner of section
24; then
(13) Proceed north along the western boundary of section 24, T4S,
R2E, to the southeast corner of section 14, T4S, R2E; then
(14) Continue west along the southern boundary of section 14, T4S,
R2E, to its southwest corner and then proceed north along the western
boundary of section 14 to its intersection with the Hetch Hetchy
Aqueduct, T4S, R2E; then
(15) Follow the Hetch Hetchy Aqueduct west-southwest approximately
4.2 miles to the Aqueduct's intersection with the R1E/R2E range line on
the La Costa Valley map, T4S; then
(16) Continue southwest in a straight line approximately 3.9 miles,
crossing Apperson, Welsh, and Alameda Creeks, to BM 533 in section 10,
T5S, R1E; then
(17) Proceed due west-northwest in a straight line approximately
1.9 miles, passing onto the Niles map, to the line's intersection with
the eastern boundary of section 5 and the Fremont Boundary Line, T5S,
R1E; then
(18) Continue northwest in a straight line approximately 1.1 miles
to an unnamed, 1,291-foot peak in section 32, T4S, R1E; then
(19) Continue northwest in a straight line approximately 1.1 miles
to an unnamed, 1,058-foot peak in section 30, T4S, R1E; then
(20) Continue northwest in a straight line approximately 3.8 miles,
passing through BM 161 in section 11, T4S, R1W, until the line
intersects Palomares
[[Page 34532]]
Road, a medium duty road, in section 11; then
(21) Follow Palomares Road in a northerly direction for
approximately 0.7 miles to the road's intersection with the power
transmission line shown in section 11, T4S, R1W; then
(22) Proceed northwest along the power transmission line for
approximately 6.4 miles, passing through the Dublin map near Walpert
Ridge, onto the Hayward map to the point where the power transmission
line turns nearly west, approximately 500 feet south of an unnamed,
891-foot, peak, T3S, R2W; then
(23) Continue north-northwest in a straight line approximately 1.4
miles to an unnamed, 840-foot peak, T3S, R2W; then
(24) Proceed north-northeast in a straight line approximately 3.4
miles, returning to the Dublin map, to the point where the Contra Costa
County-Alameda County line turns to the northwest, about 0.4 mile west
of Wiedemann Hill (elevation 1,854 feet), section 20, T2S, R1W; then
(25) Proceed in a northwesterly direction along the meandering
Contra Costa County-Alameda County line for approximately 6.0 miles,
passing briefly onto the Hayward, Las Trampas Ridge, and Diablo maps,
before returning to the Las Trampas Ridge map and continuing to the
point where the Contra Costa County-Alameda County line turns to the
west-northwest, section 35, T1S, R2W; then
(26) Continue north-northwest in a straight line approximately 2.7
miles to the summit of Las Trampas Peak (elevation 1,827 feet) in
section 22, T1S, R2W; then
(27) Proceed east-northeast in a straight line approximately 8.8
miles, passing through the Diablo map, and return to the beginning
point.
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. E6-9366 Filed 6-14-06; 8:45 am]
BILLING CODE 4810-31-P
