Expansion of the San Francisco Bay Viticultural Area (2005R-413P), 12878-12881 [E8-4785]
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12878
Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
paragraphs (c)(6) through (c)(44) as
(c)(9) through (c)(47), and adding new
paragraphs (c)(6) through (c)(8) to read
as follows:
Subpart C—Approved American
Viticultural Areas
§ 9. 53
Alexander Valley.
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(c) Boundary.
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(5) Then straight south along the
eastern boundary line of Section 25, to
its intersection with Kelly Road, a
medium-duty road, T. 11 N., R. 11 W.;
(6) Then southwest along Kelly Road
to its intersection with the northern
boundary line of Section 36, T. 11 N.,
R. 11 W.;
(7) Then straight south to its
intersection with 38° 45′ N. latitude
along the southern border of the
Cloverdale Quadrangle map, T. 10 N., R.
11 W. and R. 10 W.;
(8) Then straight east to its
intersection with 123° 00′ E. longitude
at the southeastern corner of the
Cloverdale Quadrangle map, T. 10 N., R.
10 W.;
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Signed: March 1, 2007.
John J. Manfreda,
Administrator.
Approved: November 16, 2007.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. E8–4789 Filed 3–10–08; 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–67; Re: Notice No. 70]
RIN 1513–AB21
Expansion of the San Francisco Bay
Viticultural Area (2005R–413P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
yshivers on PROD1PC62 with RULES
AGENCY:
SUMMARY: This Treasury decision
expands the San Francisco Bay
viticultural area in northern California.
The expansion adds 88 square miles to
the viticultural area to its north in
Solano County, California. 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.
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Effective Date: April 10, 2008.
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:
DATES:
FOR FURTHER INFORMATION CONTACT:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels, and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the regulations
promulgated under the FAA Act.
Part 4 of the TTB regulations (27 CFR
part 4) allows the establishment of
definitive viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) contains the
list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region
distinguishable by geographical
features, the boundaries of which have
been recognized and defined in part 9
of the regulations. These designations
allow vintners and consumers to
attribute a given quality, reputation, or
other characteristic of a wine made from
grapes grown in an area to its
geographical origin. The establishment
of viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area is neither an approval nor an
endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
Petitioners may use the same procedure
to request changes involving existing
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viticultural areas. Section 9.3(b) of the
TTB regulations requires the petition to
include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
geographical features, such as climate,
soils, elevation, and physical features,
that distinguish the proposed
viticultural area from surrounding areas;
• A description of the specific
boundary of the proposed viticultural
area, based on features found on United
States Geological Survey (USGS) maps;
and
• A copy of the appropriate USGS
map(s) with the proposed viticultural
area’s boundary prominently marked.
San Francisco Bay and Central Coast
Expansion Petition
Hestan Vineyards, LLC, of Vallejo,
California, represented by Holland and
Knight LLP of San Francisco, California,
submitted a petition for an 88-squaremile boundary expansion that includes
portions of Solano County to the north
of the Carquinez Strait, and would
apply to both the established San
Francisco Bay viticultural area (27 CFR
9.157) and the established Central Coast
viticultural area (27 CFR 9.75). After
reviewing the petition, TTB determined
that the evidence submitted in support
of the proposed expansion of the San
Francisco Bay viticultural area merited
rulemaking action. TTB also determined
that there was insufficient
documentation to proceed with
rulemaking for the proposed expansion
of the Central Coast viticultural area.
Accordingly, TTB notified the petitioner
of these determinations, and the
petitioner agreed to proceed only with
the portion of the petition for the
expansion of the San Francisco Bay
viticultural area.
San Francisco Bay Expansion Petition
Evidence
The petitioner submitted the
following information in support of the
expansion of the San Francisco Bay
viticultural area.
The petition states that the San
Francisco Bay area is a loosely bound
region that includes other bodies of
water, including San Pablo Bay, the
Carquinez Strait, and Suisun Bay. USGS
maps of the region show that San
Francisco Bay joins San Pablo Bay to its
north. Also, the Carquinez Strait
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connects San Pablo Bay on the west
with Suisun Bay on the east.
The petition states that the area
covered by the proposed expansion,
which is located adjacent to the north
shores of San Pablo Bay and the
Carquinez Strait, is an area historically,
economically, and socially considered
to be a part of the San Francisco Bay
region. With the exception of the 4,480
acres, or 7 square miles, of the
Carquinez Strait waterway, the petition
explains, the entire proposed expansion
area is on land in western Solano
County.
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Name Evidence
As documented in the petition, a
number of Government agencies and
interest groups provide services to the
nine counties in the recognized San
Francisco Bay area, including the
proposed expansion area in Solano
County. The Bay Area Council’s Web
site as of April 12, 2005, lists its nine
counties, which include Solano, San
Francisco, San Mateo, Santa Clara,
Alameda, Contra Costa, Napa, Sonoma,
and Marin. Other government agencies
and interest groups using the same ninecounty San Francisco Bay area
parameter include the Association of
Bay Area Governments, Bay Area Water
Transit Authority, Bay Area Marketing
Partnership, and Bay Area Economic
Forum.
The petition documents that the City
of Vallejo, in southwest Solano County
and within the proposed San Francisco
Bay expansion area, serves as a key ferry
transportation hub into the City of San
Francisco. The Vallejo ferry system, as
explained on the Bay Area Water
Transit Authority Web site, carries
thousands of passengers each week from
Solano County to the City of San
Francisco and back.
In 1987, the State of California
legislature passed a bill establishing the
‘‘San Francisco Bay Trail,’’ as noted on
page 160 of San Francisco Bay: Portrait
of an Estuary, by John Hart, and
published by the University of
California Press in 2003. Mr. Hart states
that this trail system includes the
Vallejo area of Solano County, which
the petition notes is a part of the
proposed San Francisco Bay viticultural
expansion area.
Boundary Evidence
The proposed San Francisco Bay
viticultural area expansion area
comprises an 88-square-mile area that
lies northeast of the City of San
Francisco and San Francisco Bay, the
petition explains. The proposed
boundary line of the expansion area
includes portions of San Pablo Bay’s
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shoreline, the Solano and Napa
Counties boundary line, a railroad track,
and an interstate highway.
The proposed expansion area’s
northern boundary line follows the
dividing line between Napa and Solano
Counties and the Southern Pacific
railroad track between Creston and
Cordelia, as found on the USGS Cuttings
Wharf and Cordelia maps. TTB notes
that the proposed expansion area
boundary line coincides with various
portions of the established boundaries
for the North Coast (27 CFR 9.30), Napa
Valley (27 CFR 9.23), and Solano
County Green Valley (27 CFR 9.44)
viticultural areas.
Distinguishing Features
David G. Howell, Ph.D., Geologist at
Stanford University in Palo Alto,
California, Deborah Harden, Ph.D.,
Geologist at San Jose State University,
San Jose, California, and Robert
Bornstein, Ph.D., Meteorologist at San
Jose State University, San Jose,
California, combined efforts to provide
petition evidence and documentation
substantiating the proposed northerly
expansion of the San Francisco Bay
viticultural area. The petition addresses
the commonality of distinguishing
features shared by the established San
Francisco Bay viticultural area and the
proposed northern expansion area.
Geology
The petition explains the similarity of
geology between the northern portion of
the San Francisco Bay viticultural area
and the proposed viticultural area
expansion into Solano County.
According to the petition, the Franklin
Ridge landform of Contra Costa County,
located in the northern most portion of
the established San Francisco Bay
viticultural area, continues northward
into the proposed expansion area in
Solano County. Franklin Ridge becomes
known as Sulphur Mountain Ridge in
Solano County, with the two ridges
joining beneath the Carquinez Strait.
According to the petition, the northsouth linkage between the established
San Francisco Bay viticultural area and
the proposed expansion area is based on
the continuity of the underlying
geology. The bedrock formations,
earthquake faults, landforms, and soils
of the northern San Francisco Bay
viticultural area continue north into the
proposed expansion area.
The petition identifies the geological
bedrock core of the proposed expansion
area as Cretaceous sandstone and shale.
This body of rock, the petition explains,
extends northward from the Mount
Diablo region in Contra Costa County
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into the proposed expansion in Solano
County.
Soil
The two general categories of soils in
the proposed expansion area are those
formed in salt marshes and those
formed in sandstone over shale bedrock
on uplands, as described in the Soil
Survey of Solano County, California,
issued by the U.S. Department of
Agriculture in 1977.
The Solano County general soil map
documents that soils in salt marshes
dominate in areas at a low elevation
south of Vallejo. Also, the map shows
that some of the soils in the
predominant Joice, Reyes, Suisun, and
Tamba soil series are mucks or peaty
mucks.
The soils on uplands in Solano
County are common to other parts of the
San Francisco Bay viticultural area,
including areas of Alameda and Santa
Clara Counties, the petition explains.
The most prevalent soils on uplands are
in the Dibble and Los Osos series, and
are moderately deep soils formed in
weathered sandstone and shale under
climatic conditions of seasonal soil
moisture. The Altamont, Gaviota, and
Millsholm series are also on uplands,
according to the petitioner; the Rincon
series are on alluvial fans.
Climate
The eastward and inland movement
of marine air through the Golden Gate
Gap, the petition explains, dominates
the climate of the land areas adjacent to
San Francisco Bay and San Pablo Bay
and within the established viticultural
area boundaries. The Carquinez Strait
joins San Pablo Bay at the bay’s
southeast corner, according to USGS
maps, and receives the same marine air
that cools the San Francisco and San
Pablo Bays.
According to the petition, the
Carquinez Strait funnels the marine air
to both the north and south sides of its
shoreline, according to the petition.
(TTB notes that the current San
Francisco Bay viticultural area’s
northern boundary line extends along
the south shoreline of the Carquinez
Strait, following the Contra Costa
County northern boundary line to BM
15 on the Honker Bay USGS map.) The
proposed expansion area extends
northward to include all the Carquinez
Strait and portions of Solano County,
according to the written boundary
description and maps provided with the
petition.
The current expansion petition
provides evidence and documentation
that the marine air flow, with its cooling
effect, travels north and east from the
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Golden Gate, into San Francisco Bay,
San Pablo Bay, the Carquinez Strait, and
to the proposed expansion area.
Although the proposed expansion area
was not included in the original San
Francisco Bay AVA petition, since the
filing of the original petition, additional
observation sites have become available
that provide a more detailed analysis of
the air flow patterns in and around the
Carquinez Strait. Figures obtained from
a new observation site that show the
typical summer afternoon flow pattern
on both the north and south sides of the
Carquinez Strait clearly show that the
Carquinez Strait is not the northern
boundary of the influence of the marine
air that has entered through the Golden
Gate Gap.
The California Air Resources Board
maps, submitted with the petition, show
that the marine influence extends both
north and south of the Carquinez Strait.
A San Francisco Bay Air Quality
Management District map shows air
flow through the Carquinez Strait on
July 31, 2000, a typical summer day.
The air flow pattern through the
Carquinez Strait brings the marine
influence to the north, east, and south
of the waterway, according to the map.
Another computerized map of the air
flow, also documented on July 31, 2000,
shows the marine air entering San
Francisco Bay through the Golden Gate
Gap, then traveling through San Pablo
Bay, and continuing east through the
Carquinez Strait, north into Suisun Bay,
and south into Livermore Valley.
The information submitted with the
petition concludes that the Carquinez
Strait should not be considered the
northernmost boundary of the San
Francisco Bay viticultural area. Marine
air, which is a significant distinguishing
climatic characteristic of the San
Francisco Bay viticultural area and
region, is also significant in the
proposed expansion area, according to
the petition.
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Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 70
regarding the proposed expansion to the
San Francisco Bay viticultural area in
the Federal Register (71 FR 70472) on
December 5, 2006. We received one
comment in response to that notice.
That comment supported the expansion
of the San Francisco Bay viticultural
area.
TTB Finding
After careful review of the petition
and the comment received, TTB finds
that the evidence submitted supports
the expansion of the San Francisco Bay
viticultural area as requested in the
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petition. Therefore, under the authority
of the Federal Alcohol Administration
Act and part 4 of our regulations, we
amend our regulations to expand the
San Francisco Bay viticultural area in
northern California, effective 30 days
from the publication date of this
document.
Boundary Description
See the modified narrative boundary
description reflecting the expanded
viticultural area in the regulatory text
amendment published at the end of this
document.
Maps
The petitioner provided the required
maps pertaining to the expansion, and
we list them below in the amended
regulatory text.
Impact on Current Wine Labels
The expansion of the San Francisco
Bay viticultural area does not affect any
currently approved wine labels. The
approval of this expansion may allow
additional vintners to use ‘‘San
Francisco Bay’’ 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
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).
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.
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
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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. Section 9.157 is amended by
revising the introductory text of
paragraph (b), removing the word ‘‘and’’
at the end of paragraph (b)(42),
replacing the period with a semicolon at
the end of paragraph (b)(43), adding
new paragraphs (b)(44) through (b)(47),
revising the introductory text of
paragraph (c), revising paragraph (c)(24),
redesignating paragraphs (c)(25) through
(c)(38) as (c)(31) through (c)(44), and
adding new paragraphs (c)(25) through
(c)(30), to read as follows:
I
§ 9.157
San Francisco Bay.
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(b) Approved Maps. The appropriate
maps for determining the boundary of
the San Francisco Bay viticultural area
are 47 1:24,000 Scale USGS topographic
maps. They are titled:
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(44) Cuttings Wharf, Calif.; 1949;
Photorevised 1981;
(45) Sears Point, Calif.; 1951;
Photorevised 1968;
(46) Cordelia, Calif.; 1951;
Photorevised 1980; and
(47) Fairfield South, Calif.; 1949;
Photorevised 1980.
(c) Boundary. The San Francisco Bay
viticultural area is located mainly
within five counties, San Francisco, San
Mateo, Santa Clara, Alameda, and
Contra Costa, which border the San
Francisco Bay. The area also includes
portions of three other counties, Solano,
Santa Cruz, and San Benito, which are
in the general vicinity of the greater San
Francisco Bay metropolitan area. The
boundary of the San Francisco Bay
viticultural area is as described below.
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(24) Then proceed west-southwest
along the south shoreline of the Suisun
Bay and the Carquinez Strait to its
intersection with Interstate 680 at the
Benicia-Martinez Bridge and BM 66,
T3N/R2W, on the Vine Hill Quadrangle.
(25) Then proceed generally north
following Interstate 680, crossing over
and back on the Benicia Quadrangle
map and continuing over the Fairfield
South Quadrangle map, to its
intersection with the Southern Pacific
railroad track at Cordelia, Section 12,
T4N/R3W, on the Cordelia Quadrangle
map.
(26) Then proceed generally west
along the Southern Pacific railroad track
to its intersection with the Napa and
Solano Counties boundary line in
Jameson Canyon at Creston, Section 9,
T4N/R3W, on the Cordelia Quadrangle
map.
(27) Then proceed generally southsoutheast, followed by straight west
along the Napa and Solano Counties
boundary line; continue straight west,
crossing over the Cuttings Wharf
Quadrangle map, to its intersection with
the east shoreline of Sonoma Creek
slough, which coincides with the
Highway 37 bridge on the Solano
County side of the creek, T4N/R5W, on
the Sears Point Quadrangle.
(28) Then proceed generally southeast
along the north and east shorelines of
San Pablo Bay, also known as the San
Pablo Bay National Wildlife Refuge,
crossing over the Cuttings Wharf
Quadrangle map, to its intersection with
the Breakwater line, located within the
Vallejo City boundary and 0.7 mile
west-southwest of the beacon, T3N/
R4W, on the Mare Island Quadrangle.
(29) Then proceed straight southsouthwest 1.2 miles to its intersection
with the San Pablo Bay shoreline at BM
14, west of Davis Point, T3N/R4W, on
the Mare Island Quadrangle.
(30) Then proceed generally south
along the contiguous eastern shorelines
of San Pablo Bay and San Francisco
Bay, crossing over the Richmond and
San Quentin Quadrangle maps, to its
intersection with the San Francisco/
Oakland Bay Bridge on the Oakland
West Quadrangle.
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Signed: March 16, 2007.
John J. Manfreda,
Administrator.
Approved: November 16, 2007.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
Editorial Note: This document was
received at the Office of the Federal Register
on March 6, 2008.
[FR Doc. E8–4785 Filed 3–6–08; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2007–0111]
RIN 1625–AA08
Final Rule: Special Local Regulations
Concerning Fireworks Displays in
Norwich and Middletown, CT
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: By this final rule, the Coast
Guard is amending the coordinates
given for two previously established
special local regulations. The listed
coordinates for the Taste of Italy
Fireworks in Norwich, CT; and for the
Middletown Fireworks on the
Connecticut River in Middletown
Harbor, Middletown, CT are being
amended to properly reflect the
geographic location where the events
have been held in the past and will be
held in the future.
DATES: This rule is effective April 10,
2008.
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2007–
0111 and are available online at
https://www.regulations.gov. They are
also available for inspection or copying
at two locations: The Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays, and the
Waterways Management Division, Coast
Guard Sector Long Island Sound, 120
Woodward Ave., New Haven, CT 06512,
between 9 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call LT
ADDRESSES:
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12881
Doug Miller at (203) 468–4596 or write
him at the Waterways Management
Division, U.S. Coast Guard Sector Long
Island Sound, 120 Woodward Ave.,
New Haven, CT 06512–3628. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. The Coast
Guard has determined that a notice and
comment period is unnecessary as the
change consists only of a correction to
reflect the true location of the events. A
notice of proposed rulemaking (64 FR
18587) was published on April 15, 1999
prior to the creation of these special
local regulations which clearly noted
the geographic location of these events.
Additionally, these two special local
regulations have been in effect for each
of the past eight years and the Coast
Guard has not received any public
comments regarding the provisions of
these regulations. Therefore, it is
unnecessary to publish an NPRM.
Background and Purpose
Taste of Italy Fireworks
The Taste of Italy Fireworks display
takes place annually on a night during
the weekend following Labor Day from
8 p.m. to 10 p.m. A permanent special
local regulation around the fireworks
launch location was created in 33 CFR
100.114 on June 28, 1999. The final rule
establishing the regulation was
preceded by a Notice of Proposed
Rulemaking (64 FR 18587) published on
April 15, 1999. The NPRM listed the
location of the fireworks as Norwich
Harbor but did not give geographic
coordinates. No comments or requests
for public hearings were received. The
special local regulation was published
as a final rule in 64 FR 34544 on June
28, 1999, and geographic coordinates
were included; however, the geographic
coordinates published in the regulation
were incorrect. Historically, this event
has occurred at the approximate
position 41°31′20.9″ N, 072°04′45.9″ W
in Norwich Harbor and the Coast Guard
is amending 33 CFR 100.114(a)(9.5) to
reflect the location where it has been
held in the past and where it will
continue to be held in the future. The
currently published position of
41°31′20″ N, 073°04′83″ W is being
changed because the longitude position
of 073°04′83″ W is incorrect. The
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]]>Agencies
[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12878-12881]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4785]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-67; Re: Notice No. 70]
RIN 1513-AB21
Expansion of the San Francisco Bay Viticultural Area (2005R-413P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This Treasury decision expands the San Francisco Bay
viticultural area in northern California. The expansion adds 88 square
miles to the viticultural area to its north in Solano County,
California. 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: April 10, 2008.
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 (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels, and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the
regulations promulgated under the FAA Act.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains
the list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries
of which have been recognized and defined in part 9 of the regulations.
These designations allow vintners and consumers to attribute a given
quality, reputation, or other characteristic of a wine made from grapes
grown in an area to its geographical origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area is
neither an approval nor an endorsement by TTB of the wine produced in
that area.
Requirements
Section 4.25(e)(2) of the TTB regulations outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Petitioners may use the same procedure to
request changes involving existing viticultural areas. Section 9.3(b)
of the TTB regulations requires the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, soils, elevation, and physical features, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
San Francisco Bay and Central Coast Expansion Petition
Hestan Vineyards, LLC, of Vallejo, California, represented by
Holland and Knight LLP of San Francisco, California, submitted a
petition for an 88-square-mile boundary expansion that includes
portions of Solano County to the north of the Carquinez Strait, and
would apply to both the established San Francisco Bay viticultural area
(27 CFR 9.157) and the established Central Coast viticultural area (27
CFR 9.75). After reviewing the petition, TTB determined that the
evidence submitted in support of the proposed expansion of the San
Francisco Bay viticultural area merited rulemaking action. TTB also
determined that there was insufficient documentation to proceed with
rulemaking for the proposed expansion of the Central Coast viticultural
area. Accordingly, TTB notified the petitioner of these determinations,
and the petitioner agreed to proceed only with the portion of the
petition for the expansion of the San Francisco Bay viticultural area.
San Francisco Bay Expansion Petition Evidence
The petitioner submitted the following information in support of
the expansion of the San Francisco Bay viticultural area.
The petition states that the San Francisco Bay area is a loosely
bound region that includes other bodies of water, including San Pablo
Bay, the Carquinez Strait, and Suisun Bay. USGS maps of the region show
that San Francisco Bay joins San Pablo Bay to its north. Also, the
Carquinez Strait
[[Page 12879]]
connects San Pablo Bay on the west with Suisun Bay on the east.
The petition states that the area covered by the proposed
expansion, which is located adjacent to the north shores of San Pablo
Bay and the Carquinez Strait, is an area historically, economically,
and socially considered to be a part of the San Francisco Bay region.
With the exception of the 4,480 acres, or 7 square miles, of the
Carquinez Strait waterway, the petition explains, the entire proposed
expansion area is on land in western Solano County.
Name Evidence
As documented in the petition, a number of Government agencies and
interest groups provide services to the nine counties in the recognized
San Francisco Bay area, including the proposed expansion area in Solano
County. The Bay Area Council's Web site as of April 12, 2005, lists its
nine counties, which include Solano, San Francisco, San Mateo, Santa
Clara, Alameda, Contra Costa, Napa, Sonoma, and Marin. Other government
agencies and interest groups using the same nine-county San Francisco
Bay area parameter include the Association of Bay Area Governments, Bay
Area Water Transit Authority, Bay Area Marketing Partnership, and Bay
Area Economic Forum.
The petition documents that the City of Vallejo, in southwest
Solano County and within the proposed San Francisco Bay expansion area,
serves as a key ferry transportation hub into the City of San
Francisco. The Vallejo ferry system, as explained on the Bay Area Water
Transit Authority Web site, carries thousands of passengers each week
from Solano County to the City of San Francisco and back.
In 1987, the State of California legislature passed a bill
establishing the ``San Francisco Bay Trail,'' as noted on page 160 of
San Francisco Bay: Portrait of an Estuary, by John Hart, and published
by the University of California Press in 2003. Mr. Hart states that
this trail system includes the Vallejo area of Solano County, which the
petition notes is a part of the proposed San Francisco Bay viticultural
expansion area.
Boundary Evidence
The proposed San Francisco Bay viticultural area expansion area
comprises an 88-square-mile area that lies northeast of the City of San
Francisco and San Francisco Bay, the petition explains. The proposed
boundary line of the expansion area includes portions of San Pablo
Bay's shoreline, the Solano and Napa Counties boundary line, a railroad
track, and an interstate highway.
The proposed expansion area's northern boundary line follows the
dividing line between Napa and Solano Counties and the Southern Pacific
railroad track between Creston and Cordelia, as found on the USGS
Cuttings Wharf and Cordelia maps. TTB notes that the proposed expansion
area boundary line coincides with various portions of the established
boundaries for the North Coast (27 CFR 9.30), Napa Valley (27 CFR
9.23), and Solano County Green Valley (27 CFR 9.44) viticultural areas.
Distinguishing Features
David G. Howell, Ph.D., Geologist at Stanford University in Palo
Alto, California, Deborah Harden, Ph.D., Geologist at San Jose State
University, San Jose, California, and Robert Bornstein, Ph.D.,
Meteorologist at San Jose State University, San Jose, California,
combined efforts to provide petition evidence and documentation
substantiating the proposed northerly expansion of the San Francisco
Bay viticultural area. The petition addresses the commonality of
distinguishing features shared by the established San Francisco Bay
viticultural area and the proposed northern expansion area.
Geology
The petition explains the similarity of geology between the
northern portion of the San Francisco Bay viticultural area and the
proposed viticultural area expansion into Solano County. According to
the petition, the Franklin Ridge landform of Contra Costa County,
located in the northern most portion of the established San Francisco
Bay viticultural area, continues northward into the proposed expansion
area in Solano County. Franklin Ridge becomes known as Sulphur Mountain
Ridge in Solano County, with the two ridges joining beneath the
Carquinez Strait.
According to the petition, the north-south linkage between the
established San Francisco Bay viticultural area and the proposed
expansion area is based on the continuity of the underlying geology.
The bedrock formations, earthquake faults, landforms, and soils of the
northern San Francisco Bay viticultural area continue north into the
proposed expansion area.
The petition identifies the geological bedrock core of the proposed
expansion area as Cretaceous sandstone and shale. This body of rock,
the petition explains, extends northward from the Mount Diablo region
in Contra Costa County into the proposed expansion in Solano County.
Soil
The two general categories of soils in the proposed expansion area
are those formed in salt marshes and those formed in sandstone over
shale bedrock on uplands, as described in the Soil Survey of Solano
County, California, issued by the U.S. Department of Agriculture in
1977.
The Solano County general soil map documents that soils in salt
marshes dominate in areas at a low elevation south of Vallejo. Also,
the map shows that some of the soils in the predominant Joice, Reyes,
Suisun, and Tamba soil series are mucks or peaty mucks.
The soils on uplands in Solano County are common to other parts of
the San Francisco Bay viticultural area, including areas of Alameda and
Santa Clara Counties, the petition explains. The most prevalent soils
on uplands are in the Dibble and Los Osos series, and are moderately
deep soils formed in weathered sandstone and shale under climatic
conditions of seasonal soil moisture. The Altamont, Gaviota, and
Millsholm series are also on uplands, according to the petitioner; the
Rincon series are on alluvial fans.
Climate
The eastward and inland movement of marine air through the Golden
Gate Gap, the petition explains, dominates the climate of the land
areas adjacent to San Francisco Bay and San Pablo Bay and within the
established viticultural area boundaries. The Carquinez Strait joins
San Pablo Bay at the bay's southeast corner, according to USGS maps,
and receives the same marine air that cools the San Francisco and San
Pablo Bays.
According to the petition, the Carquinez Strait funnels the marine
air to both the north and south sides of its shoreline, according to
the petition. (TTB notes that the current San Francisco Bay
viticultural area's northern boundary line extends along the south
shoreline of the Carquinez Strait, following the Contra Costa County
northern boundary line to BM 15 on the Honker Bay USGS map.) The
proposed expansion area extends northward to include all the Carquinez
Strait and portions of Solano County, according to the written boundary
description and maps provided with the petition.
The current expansion petition provides evidence and documentation
that the marine air flow, with its cooling effect, travels north and
east from the
[[Page 12880]]
Golden Gate, into San Francisco Bay, San Pablo Bay, the Carquinez
Strait, and to the proposed expansion area. Although the proposed
expansion area was not included in the original San Francisco Bay AVA
petition, since the filing of the original petition, additional
observation sites have become available that provide a more detailed
analysis of the air flow patterns in and around the Carquinez Strait.
Figures obtained from a new observation site that show the typical
summer afternoon flow pattern on both the north and south sides of the
Carquinez Strait clearly show that the Carquinez Strait is not the
northern boundary of the influence of the marine air that has entered
through the Golden Gate Gap.
The California Air Resources Board maps, submitted with the
petition, show that the marine influence extends both north and south
of the Carquinez Strait. A San Francisco Bay Air Quality Management
District map shows air flow through the Carquinez Strait on July 31,
2000, a typical summer day. The air flow pattern through the Carquinez
Strait brings the marine influence to the north, east, and south of the
waterway, according to the map. Another computerized map of the air
flow, also documented on July 31, 2000, shows the marine air entering
San Francisco Bay through the Golden Gate Gap, then traveling through
San Pablo Bay, and continuing east through the Carquinez Strait, north
into Suisun Bay, and south into Livermore Valley.
The information submitted with the petition concludes that the
Carquinez Strait should not be considered the northernmost boundary of
the San Francisco Bay viticultural area. Marine air, which is a
significant distinguishing climatic characteristic of the San Francisco
Bay viticultural area and region, is also significant in the proposed
expansion area, according to the petition.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 70 regarding the proposed expansion to the
San Francisco Bay viticultural area in the Federal Register (71 FR
70472) on December 5, 2006. We received one comment in response to that
notice. That comment supported the expansion of the San Francisco Bay
viticultural area.
TTB Finding
After careful review of the petition and the comment received, TTB
finds that the evidence submitted supports the expansion of the San
Francisco Bay 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 San Francisco Bay viticultural area in northern California,
effective 30 days from the publication date of this document.
Boundary Description
See the modified narrative boundary description reflecting the
expanded viticultural area in the regulatory text amendment published
at the end of this document.
Maps
The petitioner provided the required maps pertaining to the
expansion, and we list them below in the amended regulatory text.
Impact on Current Wine Labels
The expansion of the San Francisco Bay viticultural area does not
affect any currently approved wine labels. The approval of this
expansion may allow additional vintners to use ``San Francisco Bay'' 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 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). 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.
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. Section 9.157 is amended by revising the introductory text of
paragraph (b), removing the word ``and'' at the end of paragraph
(b)(42), replacing the period with a semicolon at the end of paragraph
(b)(43), adding new paragraphs (b)(44) through (b)(47), revising the
introductory text of paragraph (c), revising paragraph (c)(24),
redesignating paragraphs (c)(25) through (c)(38) as (c)(31) through
(c)(44), and adding new paragraphs (c)(25) through (c)(30), to read as
follows:
Sec. 9.157 San Francisco Bay.
* * * * *
(b) Approved Maps. The appropriate maps for determining the
boundary of the San Francisco Bay viticultural area are 47 1:24,000
Scale USGS topographic maps. They are titled:
* * * * *
(44) Cuttings Wharf, Calif.; 1949; Photorevised 1981;
(45) Sears Point, Calif.; 1951; Photorevised 1968;
(46) Cordelia, Calif.; 1951; Photorevised 1980; and
(47) Fairfield South, Calif.; 1949; Photorevised 1980.
(c) Boundary. The San Francisco Bay viticultural area is located
mainly within five counties, San Francisco, San Mateo, Santa Clara,
Alameda, and Contra Costa, which border the San Francisco Bay. The area
also includes portions of three other counties, Solano, Santa Cruz, and
San Benito, which are in the general vicinity of the greater San
Francisco Bay metropolitan area. The boundary of the San Francisco Bay
viticultural area is as described below.
* * * * *
[[Page 12881]]
(24) Then proceed west-southwest along the south shoreline of the
Suisun Bay and the Carquinez Strait to its intersection with Interstate
680 at the Benicia-Martinez Bridge and BM 66, T3N/R2W, on the Vine Hill
Quadrangle.
(25) Then proceed generally north following Interstate 680,
crossing over and back on the Benicia Quadrangle map and continuing
over the Fairfield South Quadrangle map, to its intersection with the
Southern Pacific railroad track at Cordelia, Section 12, T4N/R3W, on
the Cordelia Quadrangle map.
(26) Then proceed generally west along the Southern Pacific
railroad track to its intersection with the Napa and Solano Counties
boundary line in Jameson Canyon at Creston, Section 9, T4N/R3W, on the
Cordelia Quadrangle map.
(27) Then proceed generally south-southeast, followed by straight
west along the Napa and Solano Counties boundary line; continue
straight west, crossing over the Cuttings Wharf Quadrangle map, to its
intersection with the east shoreline of Sonoma Creek slough, which
coincides with the Highway 37 bridge on the Solano County side of the
creek, T4N/R5W, on the Sears Point Quadrangle.
(28) Then proceed generally southeast along the north and east
shorelines of San Pablo Bay, also known as the San Pablo Bay National
Wildlife Refuge, crossing over the Cuttings Wharf Quadrangle map, to
its intersection with the Breakwater line, located within the Vallejo
City boundary and 0.7 mile west-southwest of the beacon, T3N/R4W, on
the Mare Island Quadrangle.
(29) Then proceed straight south-southwest 1.2 miles to its
intersection with the San Pablo Bay shoreline at BM 14, west of Davis
Point, T3N/R4W, on the Mare Island Quadrangle.
(30) Then proceed generally south along the contiguous eastern
shorelines of San Pablo Bay and San Francisco Bay, crossing over the
Richmond and San Quentin Quadrangle maps, to its intersection with the
San Francisco/Oakland Bay Bridge on the Oakland West Quadrangle.
* * * * *
Signed: March 16, 2007.
John J. Manfreda,
Administrator.
Approved: November 16, 2007.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
Editorial Note: This document was received at the Office of the
Federal Register on March 6, 2008.
[FR Doc. E8-4785 Filed 3-6-08; 8:45 am]
BILLING CODE 4810-31-P
