Green Valley of Russian River Valley Viticultural Area (2005R-412P), 13690-13693 [E7-5413]
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Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations
provides otherwise, the computation of
time and the granting of additional
hearings, postponements, continuances,
and extensions of time shall be in
accordance with §§ 210.14 and
210.16(d) of this chapter.
(b) Whenever a party has the right or
is required to perform some act or to
take some action within a prescribed
period after service of a document upon
it, and the document was served by
mail, the deadline shall be computed by
adding to the end of the prescribed
period the additional time allotted
under § 210.16(d), unless the
Commission, the administrative law
judge, or another section of this part
specifically provides otherwise.
(c) Whenever a party has the right or
is required to perform some act or to
take some action within a prescribed
period after service of a Commission
document upon it, and the document
was served by overnight delivery, the
deadline shall be computed by adding
one day to the end of the prescribed
period, unless the Commission, the
administrative law judge, or another
section of this part specifically provides
otherwise.
(d) ‘‘Overnight delivery’’ is defined as
delivery by the next business day.
I 3. Amend § 210.7 by revising
paragraph (a) to read as follows:
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§ 210.7 Service of process and other
documents; publication of notices.
(a) Manner of service. (1) The service
of process and all documents issued by
or on behalf of the Commission or the
administrative law judge—and the
service of all documents issued by
parties under §§ 210.27 through 210.34
of this part—shall be in accordance with
§ 201.16 of this chapter, unless the
Commission, the administrative law
judge, or this or another section of this
part specifically provides otherwise.
(2) The service of all initial
determinations as defined in § 210.42
and all documents containing
confidential business information—
issued by or on behalf of the
Commission or the administrative law
judge—on a private party shall be
effected by serving a copy of the
document by overnight delivery—as
defined in § 210.6(d)—on the person to
be served, on a member of the
partnership to be served, on the
president, secretary, other executive
officer, or member of the board of
directors of the corporation, association,
or other organization to be served, or, if
an attorney represents any of the above
before the Commission, by serving a
copy by overnight delivery on such
attorney.
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Issued: March 15, 2007.
By Order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–5177 Filed 3–22–07; 8:45 am]
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.
BILLING CODE 7020–02–P
Definition
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[T.D. TTB–60; Re: Notice No. 58]
RIN: 1513–AB18
Green Valley of Russian River Valley
Viticultural Area (2005R–412P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
SUMMARY: This Treasury decision
renames the ‘‘Sonoma County Green
Valley’’ viticultural area in northern
California as the ‘‘Green Valley of
Russian River Valley’’ viticultural area.
This decision does not affect the
location, size, or boundary of the
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 Dates: This final rule is
effective on April 23, 2007. Wine
bottlers may continue to use approved
labels bearing the former viticultural
area name until April 23, 2009.
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
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
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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
area, based on features found on United
States Geological Survey (USGS) maps;
and
• A copy of the appropriate USGS
map(s) with the proposed viticultural
area’s boundary prominently marked.
A petition requesting a change to an
established viticultural area must
include the appropriate evidence
described above to support the
requested change.
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Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Rules and Regulations
Sonoma County Green Valley
Viticultural Area Background
TTB’s predecessor agency, the Bureau
of Alcohol, Tobacco and Firearms
(ATF), established the Sonoma County
Green Valley viticultural area (27 CFR
9.57) in a Treasury Decision (T.D. ATF–
161), published in the Federal Register
at 48 FR 52577 on November 21, 1983.
The 19,010-acre Sonoma County Green
Valley viticultural area is located north
of San Francisco in southern Sonoma
County. The Sonoma County Green
Valley viticultural area lies between the
towns of Sebastopol, Forestville, and
Occidental within the Russian River
Valley viticultural area (27 CFR 9.66),
which, in turn, lies entirely within the
Sonoma Coast viticultural area (27 CFR
9.116) and the multi-county North Coast
viticultural area (27 CFR 9.30).
(T.D. ATF–161 mistakenly stated the
size of the Sonoma County Green Valley
viticultural area as 32,000 acres. When
this viticultural area was originally
established in 1983, its total acreage was
miscalculated since its boundaries did
not coincide with the 640-acre sections
marked on the USGS quadrangle maps,
which made determining its size
difficult. Since 1983, new digital
technology has been developed that
allows for more accurate calculations
even when boundaries do not align with
the section lines on USGS maps. Such
technology was used to map this
viticultural area and to determine its
correct size—19,010 acres.)
In 1982, the original petitioner sought
to use the name ‘‘Green Valley’’ for this
viticultural area. However, while ATF
determined that the Green Valley name
was appropriate for the area, ATF
required the addition of ‘‘Sonoma
County’’ to the name, and thus
approved the name ‘‘Sonoma County
Green Valley’’ as the viticultural area
name. ATF took this action to avoid
consumer confusion since ‘‘Green
Valley’’ is a commonly used geographic
place name in the United States.
In approving the Sonoma County
Green Valley viticultural area, ATF
specifically noted its 1982 approval of
the ‘‘Solano County Green Valley’’
viticultural area (27 CFR 9.44) with the
same condition—that the county name
appear in conjunction with the name
proposed for the viticultural area to
prevent consumer confusion with other
‘‘Green’’ valleys located elsewhere in
the United States. The subsequent T.D.
ATF–161, establishing the Sonoma
County Green Valley viticultural area,
stated that since both ‘‘Green Valley’’
viticultural areas are located in northern
California, the inclusion of the county
name modifier in each viticultural area
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name helped to avoid consumer
confusion by distinguishing between the
two viticultural areas.
Green Valley of Russian River Valley
Petition
The Winegrowers and Vintners of
Sonoma County’s Green Valley, an
association of local winegrowers and
vintners based in Sebastopol, California,
petitioned TTB to change the name of
the ‘‘Sonoma County Green Valley’’
viticultural area to ‘‘Green Valley of
Russian River Valley.’’ The group
explained in its petition that the name
change is warranted because the
viticultural area is commonly referred to
as ‘‘Green Valley,’’ without the Sonoma
County modifier. Also, the Green Valley
area is considered by many to be a subappellation of the Russian River Valley
viticultural area by virtue of its location
and similar climate.
TTB notes that the recently expanded
126,600-acre Russian River Valley
viticultural area now encompasses the
entire Sonoma County Green Valley
viticultural area. (See T.D. TTB–32,
published in the Federal Register at 70
FR 53297 on September 8, 2005.) We
also note that the proposed name
change does not affect the established
boundaries of either viticultural area.
Three wineries located within the
Sonoma County Green Valley
viticultural area boundary line,
according to the petition, consistently
claim the ‘‘Sonoma County Green
Valley’’ appellation on their wine labels.
Other regional wineries use the Russian
River Valley viticultural area name as an
appellation of origin on their labels, the
petition continues, but include
references to the Sonoma County Green
Valley viticultural area on their wines’
back labels and in their promotional
materials.
Changing the viticultural area name to
‘‘Green Valley of Russian River Valley,’’
the petition explains, would provide
greater clarity regarding the viticultural
area’s location and its association with
the cool climate of the Russian River
Valley. Thus, the petition continues,
consumers would have more accurate
and descriptive geographical and
climatic information for the wines of the
viticultural area.
Name Evidence
The petition provides evidence,
summarized below, to document that
the Sonoma County Green Valley
viticultural area is known, and referred
to, simply as ‘‘Green Valley.’’ Also, the
same evidence describes ‘‘Green Valley’’
as being a part of the larger Russian
River Valley viticultural area.
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The Savor Wine Country magazine
(winter 2003, page 78), published by the
Press Democrat newspaper of Sonoma
County, California, included a feature
article on ‘‘Green Valley.’’ A map of the
‘‘Green Valley’’ area and the Russian
River Valley area, provided with the
article, is generally consistent with the
boundaries of both viticultural areas,
including the (at that time) proposed
boundary expansion of the Russian
River Valley viticultural area. The
article states that ‘‘Green Valley’’ is a
sub-appellation of the sprawling
Russian River Valley viticultural area. It
also describes the abundant sparkling
wine production, pinot noir grapes, and
other agricultural products produced in
the ‘‘Green Valley’’ area. The article
characterizes the viticultural area as a
diverse farming region with cool coastal
breezes, coinciding with the climatic
conditions found in the Russian River
Valley viticultural area.
A Los Angeles Times article of
January 14, 2004, titled ‘‘Out of the
Mist, Pinots,’’ describes the Russian
River Valley viticultural area and its
‘‘sub-regions’’ as having distinct wine
personalities. The article states:
‘‘Russian River Valley AVA and the
Green Valley AVA are primarily
climate-based appellations.’’ While
expounding on the exceptional soils of
the Russian River Valley viticultural
area, the article also states: ‘‘The Green
Valley AVA (a part of the Russian River
AVA) yields bright, bold Pinots with
crystalline fruit and piercing acidity.’’
A recent ‘‘Sonoma County Wine
Country Guide,’’ published by the
Sonoma County Wineries Association
and included with the petition,
describes the ‘‘Green Valley’’ area on
page 24 as a small sub-appellation of the
Russian River Valley viticultural area.
The article also describes Green Valley’s
marine-influenced climate and the
Goldridge series soils, which are
conducive to growing fruit. Also, the
publication on page 18 contains an
untitled map of Sonoma County’s rural
western expanse that identifies the
Sonoma County Green Valley
viticultural area simply as ‘‘Green
Valley.’’
Linkage of Two Viticultural Area Names
By linking the name of the Green
Valley viticultural area to the larger
Russian River Valley viticultural area
that surrounds it, the petitioners seek to
prevent consumer confusion between
the two established ‘‘Green Valley’’
viticultural areas of northern California,
as well as between the Green Valley in
Sonoma County and other ‘‘Green’’
valleys in the United States. TTB
believes that adoption of the proposed
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new ‘‘Green Valley of Russian River
Valley’’ name would be permissible so
long as it accurately reflects the
geographical location of the viticultural
area and does not otherwise create
confusion for the consumer.
In addition, we note that we have
previously approved a viticultural area
name that includes the name of a
surrounding viticultural area within it
in order to prevent consumer confusion.
In that case, a petitioner proposed to
establish the Oak Knoll District
viticultural area within the larger Napa
Valley viticultural area (27 CFR 9.23) in
Napa County, California. In order to
distinguish the proposed Oak Knoll
District viticultural area from the
established Oak Knoll Winery located in
Oregon, TTB approved the addition of
the ‘‘Napa Valley’’ name to the area’s
name, resulting in the establishment of
the ‘‘Oak Knoll District of Napa Valley’’
viticultural area (27 CFR 9.161). (See
T.D. TTB–9, published in the Federal
Register at 69 FR 8562 on February 25,
2004.)
Notice of Proposed Rulemaking
On May 2, 2006, TTB published in the
Federal Register (71 FR 25795) Notice
No. 58 regarding the proposed Sonoma
County Green Valley viticultural area
name change. We received no comments
in response to that notice.
TTB Finding
After careful review of the petition,
TTB finds that the evidence submitted
supports changing the name of the
‘‘Sonoma County Green Valley’’
viticultural area to ‘‘Green Valley of
Russian River Valley,’’ 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 re-name the Sonoma County Green
Valley viticultural area as the Green
Valley of Russian River Valley
viticultural area effective 30 days from
the publication date of this document.
Impact on Current Wine Labels
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General
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. With
approval of this viticultural area name
change, the new name, ‘‘Green Valley of
Russian River Valley,’’ will be
recognized under 27 CFR 4.39(i)(3) as a
name of viticultural significance. The
text of the new regulation clarifies this
point. This name change will affect
vintners who currently and properly use
the ‘‘Sonoma County Green Valley’’
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viticultural area name, as explained in
the Transition Period discussion below.
We also remain of the view that it
would not be appropriate to treat
‘‘Green Valley’’ standing alone as a term
of viticultural significance due to its
widespread use across the United States
as a geographic place name. For
example, a recent search of the USGS
Geographic Names Information System
(https://geonames.usgs.gov/) found 65
entries for ‘‘Green Valley’’ in 23 States,
including at least 13 places in California
in 11 different counties.
Therefore, the part 9 regulatory text as
amended in this document specifies that
only the full ‘‘Green Valley of Russian
River Valley’’ name is a term of
viticultural significance for purposes of
part 4 of the TTB regulations.
Consequently, wine bottlers using the
entire name, ‘‘Green Valley of Russian
River Valley,’’ in a brand name,
including a trademark, or in another
label reference as to the origin of the
wine, will have to ensure that the
product is eligible to use the viticultural
area’s name as an appellation of origin.
For a wine to be labeled with a
viticultural area name or with a brand
name that includes a viticultural area
name or other term identified as
viticulturally significant in part 9 of the
TTB regulations, at least 85 percent of
the wine must be derived from grapes
grown within the area represented by
that name or other term, 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
or other viticulturally significant term
and that name or other term 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 or other term 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 or other viticulturally
significant term that was used as a
brand name on a label approved before
July 7, 1986. See 27 CFR 4.39(i)(2) for
details.
Transition Period
Holders of labels approved before the
effective date of this final rule that use
the ‘‘Sonoma County Green Valley’’
name to designate a viticultural area
will be permitted to continue using
those approved labels during the two
year transition period. At the end of that
two-year period, holders of ‘‘Sonoma
County Green Valley’’ wine labels must
discontinue use of those labels and will
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need to secure approval of new labels
reflecting the correct use of the new
viticultural area name as an appellation
of origin. We believe the two year
period will provide such label holders
with adequate time to use up their old
labels. In addition, ‘‘Sonoma County
Green Valley’’ will remain a term of
viticultural significance for two years
from the effective date of this final rule.
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 amend 27 CFR, chapter I,
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. In § 9.57, the section heading,
paragraph (a), the introductory text of
paragraph (b), and the introductory text
of paragraph (c) are revised and a new
paragraph (d) is added to read as
follows:
I
§ 9.57 Green Valley of Russian River
Valley.
(a) Name. The name of the viticultural
area described in this section is ‘‘Green
Valley of Russian River Valley’’. For
purposes of part 4 of this chapter,
‘‘Green Valley of Russian River Valley’’
is a term of viticultural significance.
‘‘Sonoma County Green Valley’’ is also
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a term of viticultural significance until
April 23, 2009.
(b) Approved maps. The appropriate
maps for determining the boundary of
the Green Valley of Russian River Valley
viticultural area are three United States
Geological Survey maps. They are titled:
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(c) Boundary. The Green Valley of
Russian River Valley viticultural area is
located in Sonoma County, California.
The beginning point is located in the
northeastern portion of the ‘‘Camp
Meeker Quadrangle’’ map where the
line separating Section 31 from Section
32, in Township 8 North (T.8N.), Range
9 West (R.9W.) intersects River Road.
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(d) From December 21, 1983, until
April 23, 2007, the name of this
viticultural area was ‘‘Sonoma County
Green Valley’’. Effective April 23, 2007,
this viticulture area is named ‘‘Green
Valley of Russian River Valley’’.
Existing certificates of label approval
showing ‘‘Sonoma County Green
Valley’’ as the appellation of origin will
be revoked by operation of this
regulation on April 23, 2009.
Signed: January 3, 2007.
John J. Manfreda,
Administrator.
Approved: February 1, 2007.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. E7–5413 Filed 3–22–07; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–07–026]
Drawbridge Operation Regulations;
Gowanus Canal, Brooklyn, NY
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
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ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Hamilton Avenue
Bridge across Gowanus Canal, mile 1.2,
at Brooklyn, New York. Under this
temporary deviation the draw may
remain in the closed position from April
3, 2007 through April 5, 2007 and from
April 6, 2007 through September 29,
2007, a four-hour advance notice shall
be required for all bridge openings. This
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18:36 Mar 22, 2007
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deviation is necessary to facilitate
scheduled bridge maintenance.
DEPARTMENT OF HOMELAND
SECURITY
This deviation is effective from
April 3, 2007 through September 29,
2007.
Coast Guard
Materials referred to in this
document are available for inspection or
copying at the First Coast Guard
District, Bridge Branch Office, One
South Street, New York, New York,
10004, between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is (212)
668–7165. The First Coast Guard
District Bridge Branch Office maintains
the public docket for this temporary
deviation.
13693
[CGD01–07–020]
DATES:
ADDRESSES:
Judy
Leung-Yee, Project Officer, First Coast
Guard District, at (212) 668–7165.
FOR FURTHER INFORMATION CONTACT:
The
Hamilton Avenue Bridge across
Gowanus Canal, mile 1.2, at Brooklyn,
New York, has a vertical clearance in
the closed position of 19 feet at mean
high water and 23 feet at mean low
water. The existing operating
regulations are listed at 33 CFR 117.5.
The bridge owner, New York City
Department of Transportation
(NYCDOT), requested a temporary
deviation to allow the bridge to remain
in the closed position to facilitate
scheduled electrical and mechanical
bridge maintenance.
Under this temporary deviation the
Hamilton Avenue Bridge may remain in
the closed position from April 3, 2007
through April 5, 2007, and from April
6, 2007 through September 29, 2007, the
draw shall open after at least a four-hour
advance notice is given by calling the
contractor at (201) 400–5243.
In accordance with 33 CFR 117.35(c),
this work will be performed with all due
speed in order to return the bridge to
normal operation as soon as possible.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
SUPPLEMENTARY INFORMATION:
Dated: March 15, 2007.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E7–5389 Filed 3–22–07; 8:45 am]
BILLING CODE 4910–15–P
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33 CFR Part 117
Drawbridge Operation Regulations;
Taunton River, Fall River and
Somerset, MA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Brightman Street
Bridge across the Taunton River at mile
1.8, between Fall River and Somerset,
Massachusetts. Under this temporary
deviation, the bridge may remain in the
closed position from 9 p.m. on April 13,
2007 through 5 p.m. on April 28, 2007.
This deviation is necessary to facilitate
un-scheduled bridge maintenance.
DATES: This deviation is effective from
9 p.m. on April 13, 2007 through 5 p.m.
on April 28, 2007.
ADDRESSES: Materials referred to in this
document are available for inspection or
copying at the First Coast Guard
District, Bridge Branch Office, 408
Atlantic Avenue, Boston,
Massachusetts, 02110, between 7 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays. The telephone
number is (617) 223–8364. The First
Coast Guard District Bridge Branch
Office maintains the public docket for
this temporary deviation.
FOR FURTHER INFORMATION CONTACT: John
McDonald, Project Officer, First Coast
Guard District, at (617) 223–8364.
SUPPLEMENTARY INFORMATION: The
Brightman Street Bridge, across the
Taunton River at mile 1.8, between Fall
River and Somerset, Massachusetts, has
a vertical clearance in the closed
position of 27 feet at mean high water
and 31 feet at mean low water. The
existing drawbridge operation
regulations are listed at 33 CFR 117.619.
The owner of the bridge,
Massachusetts Highway Department
(MHD), requested a temporary deviation
to facilitate un-scheduled emergency
bridge maintenance, replacement of
deteriorated floor beams. The bridge
will not be able to open while the bridge
maintenance is underway.
Under this temporary deviation, the
Brightman Street Bridge need not open
for the passage of vessel traffic from 9
p.m. on April 13, 2007 through 5 p.m.
on April 28, 2007.
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]]>Agencies
[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Rules and Regulations]
[Pages 13690-13693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5413]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-60; Re: Notice No. 58]
RIN: 1513-AB18
Green Valley of Russian River Valley Viticultural Area (2005R-
412P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision renames the ``Sonoma County Green
Valley'' viticultural area in northern California as the ``Green Valley
of Russian River Valley'' viticultural area. This decision does not
affect the location, size, or boundary of the 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 Dates: This final rule is effective on April 23, 2007.
Wine bottlers may continue to use approved labels bearing the former
viticultural area name until April 23, 2009.
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 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.
A petition requesting a change to an established viticultural area
must include the appropriate evidence described above to support the
requested change.
[[Page 13691]]
Sonoma County Green Valley Viticultural Area Background
TTB's predecessor agency, the Bureau of Alcohol, Tobacco and
Firearms (ATF), established the Sonoma County Green Valley viticultural
area (27 CFR 9.57) in a Treasury Decision (T.D. ATF-161), published in
the Federal Register at 48 FR 52577 on November 21, 1983. The 19,010-
acre Sonoma County Green Valley viticultural area is located north of
San Francisco in southern Sonoma County. The Sonoma County Green Valley
viticultural area lies between the towns of Sebastopol, Forestville,
and Occidental within the Russian River Valley viticultural area (27
CFR 9.66), which, in turn, lies entirely within the Sonoma Coast
viticultural area (27 CFR 9.116) and the multi-county North Coast
viticultural area (27 CFR 9.30).
(T.D. ATF-161 mistakenly stated the size of the Sonoma County Green
Valley viticultural area as 32,000 acres. When this viticultural area
was originally established in 1983, its total acreage was miscalculated
since its boundaries did not coincide with the 640-acre sections marked
on the USGS quadrangle maps, which made determining its size difficult.
Since 1983, new digital technology has been developed that allows for
more accurate calculations even when boundaries do not align with the
section lines on USGS maps. Such technology was used to map this
viticultural area and to determine its correct size--19,010 acres.)
In 1982, the original petitioner sought to use the name ``Green
Valley'' for this viticultural area. However, while ATF determined that
the Green Valley name was appropriate for the area, ATF required the
addition of ``Sonoma County'' to the name, and thus approved the name
``Sonoma County Green Valley'' as the viticultural area name. ATF took
this action to avoid consumer confusion since ``Green Valley'' is a
commonly used geographic place name in the United States.
In approving the Sonoma County Green Valley viticultural area, ATF
specifically noted its 1982 approval of the ``Solano County Green
Valley'' viticultural area (27 CFR 9.44) with the same condition--that
the county name appear in conjunction with the name proposed for the
viticultural area to prevent consumer confusion with other ``Green''
valleys located elsewhere in the United States. The subsequent T.D.
ATF-161, establishing the Sonoma County Green Valley viticultural area,
stated that since both ``Green Valley'' viticultural areas are located
in northern California, the inclusion of the county name modifier in
each viticultural area name helped to avoid consumer confusion by
distinguishing between the two viticultural areas.
Green Valley of Russian River Valley Petition
The Winegrowers and Vintners of Sonoma County's Green Valley, an
association of local winegrowers and vintners based in Sebastopol,
California, petitioned TTB to change the name of the ``Sonoma County
Green Valley'' viticultural area to ``Green Valley of Russian River
Valley.'' The group explained in its petition that the name change is
warranted because the viticultural area is commonly referred to as
``Green Valley,'' without the Sonoma County modifier. Also, the Green
Valley area is considered by many to be a sub-appellation of the
Russian River Valley viticultural area by virtue of its location and
similar climate.
TTB notes that the recently expanded 126,600-acre Russian River
Valley viticultural area now encompasses the entire Sonoma County Green
Valley viticultural area. (See T.D. TTB-32, published in the Federal
Register at 70 FR 53297 on September 8, 2005.) We also note that the
proposed name change does not affect the established boundaries of
either viticultural area.
Three wineries located within the Sonoma County Green Valley
viticultural area boundary line, according to the petition,
consistently claim the ``Sonoma County Green Valley'' appellation on
their wine labels. Other regional wineries use the Russian River Valley
viticultural area name as an appellation of origin on their labels, the
petition continues, but include references to the Sonoma County Green
Valley viticultural area on their wines' back labels and in their
promotional materials.
Changing the viticultural area name to ``Green Valley of Russian
River Valley,'' the petition explains, would provide greater clarity
regarding the viticultural area's location and its association with the
cool climate of the Russian River Valley. Thus, the petition continues,
consumers would have more accurate and descriptive geographical and
climatic information for the wines of the viticultural area.
Name Evidence
The petition provides evidence, summarized below, to document that
the Sonoma County Green Valley viticultural area is known, and referred
to, simply as ``Green Valley.'' Also, the same evidence describes
``Green Valley'' as being a part of the larger Russian River Valley
viticultural area.
The Savor Wine Country magazine (winter 2003, page 78), published
by the Press Democrat newspaper of Sonoma County, California, included
a feature article on ``Green Valley.'' A map of the ``Green Valley''
area and the Russian River Valley area, provided with the article, is
generally consistent with the boundaries of both viticultural areas,
including the (at that time) proposed boundary expansion of the Russian
River Valley viticultural area. The article states that ``Green
Valley'' is a sub-appellation of the sprawling Russian River Valley
viticultural area. It also describes the abundant sparkling wine
production, pinot noir grapes, and other agricultural products produced
in the ``Green Valley'' area. The article characterizes the
viticultural area as a diverse farming region with cool coastal
breezes, coinciding with the climatic conditions found in the Russian
River Valley viticultural area.
A Los Angeles Times article of January 14, 2004, titled ``Out of
the Mist, Pinots,'' describes the Russian River Valley viticultural
area and its ``sub-regions'' as having distinct wine personalities. The
article states: ``Russian River Valley AVA and the Green Valley AVA are
primarily climate-based appellations.'' While expounding on the
exceptional soils of the Russian River Valley viticultural area, the
article also states: ``The Green Valley AVA (a part of the Russian
River AVA) yields bright, bold Pinots with crystalline fruit and
piercing acidity.''
A recent ``Sonoma County Wine Country Guide,'' published by the
Sonoma County Wineries Association and included with the petition,
describes the ``Green Valley'' area on page 24 as a small sub-
appellation of the Russian River Valley viticultural area. The article
also describes Green Valley's marine-influenced climate and the
Goldridge series soils, which are conducive to growing fruit. Also, the
publication on page 18 contains an untitled map of Sonoma County's
rural western expanse that identifies the Sonoma County Green Valley
viticultural area simply as ``Green Valley.''
Linkage of Two Viticultural Area Names
By linking the name of the Green Valley viticultural area to the
larger Russian River Valley viticultural area that surrounds it, the
petitioners seek to prevent consumer confusion between the two
established ``Green Valley'' viticultural areas of northern California,
as well as between the Green Valley in Sonoma County and other
``Green'' valleys in the United States. TTB believes that adoption of
the proposed
[[Page 13692]]
new ``Green Valley of Russian River Valley'' name would be permissible
so long as it accurately reflects the geographical location of the
viticultural area and does not otherwise create confusion for the
consumer.
In addition, we note that we have previously approved a
viticultural area name that includes the name of a surrounding
viticultural area within it in order to prevent consumer confusion. In
that case, a petitioner proposed to establish the Oak Knoll District
viticultural area within the larger Napa Valley viticultural area (27
CFR 9.23) in Napa County, California. In order to distinguish the
proposed Oak Knoll District viticultural area from the established Oak
Knoll Winery located in Oregon, TTB approved the addition of the ``Napa
Valley'' name to the area's name, resulting in the establishment of the
``Oak Knoll District of Napa Valley'' viticultural area (27 CFR 9.161).
(See T.D. TTB-9, published in the Federal Register at 69 FR 8562 on
February 25, 2004.)
Notice of Proposed Rulemaking
On May 2, 2006, TTB published in the Federal Register (71 FR 25795)
Notice No. 58 regarding the proposed Sonoma County Green Valley
viticultural area name change. We received no comments in response to
that notice.
TTB Finding
After careful review of the petition, TTB finds that the evidence
submitted supports changing the name of the ``Sonoma County Green
Valley'' viticultural area to ``Green Valley of Russian River Valley,''
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 re-name the Sonoma County Green Valley
viticultural area as the Green Valley of Russian River Valley
viticultural area effective 30 days from the publication date of this
document.
Impact on Current Wine Labels
General
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. With approval of this viticultural area name change,
the new name, ``Green Valley of Russian River Valley,'' will be
recognized under 27 CFR 4.39(i)(3) as a name of viticultural
significance. The text of the new regulation clarifies this point. This
name change will affect vintners who currently and properly use the
``Sonoma County Green Valley'' viticultural area name, as explained in
the Transition Period discussion below.
We also remain of the view that it would not be appropriate to
treat ``Green Valley'' standing alone as a term of viticultural
significance due to its widespread use across the United States as a
geographic place name. For example, a recent search of the USGS
Geographic Names Information System (https://geonames.usgs.gov/) found
65 entries for ``Green Valley'' in 23 States, including at least 13
places in California in 11 different counties.
Therefore, the part 9 regulatory text as amended in this document
specifies that only the full ``Green Valley of Russian River Valley''
name is a term of viticultural significance for purposes of part 4 of
the TTB regulations. Consequently, wine bottlers using the entire name,
``Green Valley of Russian River Valley,'' in a brand name, including a
trademark, or in another label reference as to the origin of the wine,
will have to ensure that the product is eligible to use the
viticultural area's name as an appellation of origin.
For a wine to be labeled with a viticultural area name or with a
brand name that includes a viticultural area name or other term
identified as viticulturally significant in part 9 of the TTB
regulations, at least 85 percent of the wine must be derived from
grapes grown within the area represented by that name or other term,
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 or other viticulturally significant term and that name or other
term 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 or other term 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 or other viticulturally significant term that
was used as a brand name on a label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
Transition Period
Holders of labels approved before the effective date of this final
rule that use the ``Sonoma County Green Valley'' name to designate a
viticultural area will be permitted to continue using those approved
labels during the two year transition period. At the end of that two-
year period, holders of ``Sonoma County Green Valley'' wine labels must
discontinue use of those labels and will need to secure approval of new
labels reflecting the correct use of the new viticultural area name as
an appellation of origin. We believe the two year period will provide
such label holders with adequate time to use up their old labels. In
addition, ``Sonoma County Green Valley'' will remain a term of
viticultural significance for two years from the effective date of this
final rule.
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 amend 27 CFR, chapter I,
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. In Sec. 9.57, the section heading, paragraph (a), the introductory
text of paragraph (b), and the introductory text of paragraph (c) are
revised and a new paragraph (d) is added to read as follows:
Sec. 9.57 Green Valley of Russian River Valley.
(a) Name. The name of the viticultural area described in this
section is ``Green Valley of Russian River Valley''. For purposes of
part 4 of this chapter, ``Green Valley of Russian River Valley'' is a
term of viticultural significance. ``Sonoma County Green Valley'' is
also
[[Page 13693]]
a term of viticultural significance until April 23, 2009.
(b) Approved maps. The appropriate maps for determining the
boundary of the Green Valley of Russian River Valley viticultural area
are three United States Geological Survey maps. They are titled:
* * * * *
(c) Boundary. The Green Valley of Russian River Valley viticultural
area is located in Sonoma County, California. The beginning point is
located in the northeastern portion of the ``Camp Meeker Quadrangle''
map where the line separating Section 31 from Section 32, in Township 8
North (T.8N.), Range 9 West (R.9W.) intersects River Road.
* * * * *
(d) From December 21, 1983, until April 23, 2007, the name of this
viticultural area was ``Sonoma County Green Valley''. Effective April
23, 2007, this viticulture area is named ``Green Valley of Russian
River Valley''. Existing certificates of label approval showing
``Sonoma County Green Valley'' as the appellation of origin will be
revoked by operation of this regulation on April 23, 2009.
Signed: January 3, 2007.
John J. Manfreda,
Administrator.
Approved: February 1, 2007.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. E7-5413 Filed 3-22-07; 8:45 am]
BILLING CODE 4810-31-P
