Proposed Renaming of the Yamhill-Carlton District Viticultural Area (2008R-305P), 9831-9834 [2010-4570]
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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, we propose to amend 27 CFR,
chapter I, part 9, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Section 9.28 is revised to read as
follows:
sroberts on DSKD5P82C1PROD with PROPOSALS
§ 9.28
Santa Maria Valley.
(a) Name. The name of the viticultural
area described in this section is ‘‘Santa
Maria Valley’’. For purposes of part 4 of
this chapter, ‘‘Santa Maria Valley’’ is a
term of viticultural significance.
(b) Approved maps. The six United
States Geological Survey maps used to
determine the boundary of the Santa
Maria Valley viticultural area are titled:
(1) Orcutt Quadrangle, CaliforniaSanta Barbara Co., 7.5 minute series,
1959, photorevised 1967 and 1974,
photoinspected 1978;
(2) Santa Maria Quadrangle,
California, 7.5 minute series, 1959,
photorevised 1982;
(3) ‘‘San Luis Obispo’’, N.I. 10–3,
series V 502, scale 1: 250,000;
(4) ‘‘Santa Maria’’, N.I. 10–6, 9, series
V 502, scale 1: 250,000;
(5) Foxen Canyon Quadrangle,
California-Santa Barbara Co., 7.5-minute
series, 1995; and
(6) Sisquoc Quadrangle, CaliforniaSanta Barbara Co., 7.5 minute series,
1959, photoinspected 1974.
(c) Boundary. The Santa Maria Valley
viticultural area is located in Santa
Barbara and San Luis Obispo Counties,
California. The boundary is as follows:
(1) The point of beginning is on the
Orcutt quadrangle map at the
intersection of U.S. Route 101 and Clark
Avenue, section 18 north boundary line,
T9N/R33W, then proceed generally
north along U.S. Route 101
approximately 10 miles onto the Santa
Maria quadrangle map to its intersection
with State Route 166 (east), T10N/
R34W; then
(2) Proceed generally northeast along
State Route 166 (east) onto the San Luis
Obispo N.I. 10–3 map to its intersection
with the section line southwest of
Chimney Canyon, T11N/R32W; then
(3) Proceed south in a straight line
onto the Santa Maria N.I. 10–6 map to
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16:36 Mar 03, 2010
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the 3,015-foot summit of Los Coches
Mountain; then
(4) Proceed southeast in a straight line
onto the Foxen Canyon quadrangle map
to the 2,822-foot summit of Bone
Mountain, T9N/R32W; then
(5) Proceed south-southwest in a
straight line approximately 6 miles to
the line’s intersection with secondary
highways Foxen Canyon Road and
Alisos Canyon Road, T8N/R32W; then
(6) Proceed west-northwest in a
straight line approximately 6 miles onto
the Sisquoc quadrangle map to the Gato
Ridge Oil Field and the section 4
southeast corner, T8N/R32W; then
(7) Proceed west-northwest in a
straight line approximately 6.2 miles,
crossing over the Solomon Hills, to its
intersection with U.S. Route 101 and a
private, unnamed light-duty road that
meanders east into the Cat Canyon Oil
Field, T9N/R33W; then
(8) Proceed north 3.75 miles along
U.S. Route 101 onto the Orcutt
quadrangle map and return to the point
of beginning.
Signed: February 5, 2010.
John J. Manfreda,
Administrator.
[FR Doc. 2010–4569 Filed 3–3–10; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2010–0002; Notice No.
104]
RIN 1513–AB65
Proposed Renaming of the YamhillCarlton District Viticultural Area
(2008R–305P)
AGENCY: Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau proposes to rename
the established Yamhill-Carlton District
viticultural area located in Yamhill and
Washington Counties, Oregon, as the
‘‘Yamhill-Carlton’’ viticultural area. The
size and boundary description of the
renamed viticultural area would remain
the same. 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. We invite comments on
this proposed addition to our
regulations.
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9831
DATES: We must receive written
comments on or before May 3, 2010.
ADDRESSES: You may send comments on
this notice to one of the following
addresses:
• https://www.regulations.gov (via the
online comment form for this notice as
posted within Docket No. TTB–2010–
0002 at ‘‘Regulations.gov,’’ the Federal erulemaking portal);
• Director, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 14412,
Washington, DC 20044–4412; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street, NW., Suite
200–E, Washington, DC 20005.
See the Public Participation section of
this notice for specific instructions and
requirements for submitting comments,
and for information on how to request
a public hearing.
You may view copies of this notice,
selected supporting materials, and any
comments we receive about this
proposal at https://www.regulations.gov
within Docket No. TTB–2010–0002. A
link to that docket is posted on the TTB
Web site at https://www.ttb.gov/wine/
wine_rulemaking.shtml under Notice
No. 104. You also may view copies of
this notice, all related petitions, maps,
or other supporting materials, and any
comments we receive about this
proposal by appointment at the TTB
Information Resource Center, 1310 G
Street, NW., Washington, DC 20220.
Please call 202–453–2270 to make an
appointment.
FOR FURTHER INFORMATION CONTACT: N.A.
Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., No.
158, Petaluma, CA 94952; phone 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
requires that these regulations, 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
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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules
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 geographic 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
geographic origin. The establishment of
viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area is neither an approval nor an
endorsement by TTB of the wine
produced in that area.
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Requirements
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
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 geographic
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.
Establishment of the Yamhill-Carlton
District Viticultural Area
In 2002, TTB’s predecessor Agency,
the Bureau of Alcohol, Tobacco and
Firearms, received petitions from Mr.
Alex Sokol-Blosser, Secretary of the
North Willamette Valley [American
Viticultural Area] Group, and from Mr.
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Ken Wright, on behalf of certain grape
growers, to establish a new viticultural
area to be called the ‘‘Yamhill-Carlton
District.’’ Located in northwestern
Oregon, the proposed Yamhill-Carlton
District was approximately 35 miles
southwest of Portland, Oregon, and 25
miles from the Pacific Ocean, in
Yamhill and Washington Counties,
Oregon, and entirely within the larger
Willamette Valley viticultural area (27
CFR 9.90).
On October 7, 2003, TTB published in
the Federal Register (68 FR 57845)
Notice No. 19, proposing the
establishment of the Yamhill-Carlton
District viticultural area. In response to
that notice, the only comment TTB
received was in support of the proposed
establishment. On December 9, 2004,
TTB published in the Federal Register
(69 FR 71372) Treasury Decision (T.D.)
TTB–20, establishing the YamhillCarlton District viticultural area (27 CFR
9.183) as originally proposed.
The T.D. states that the YamhillCarlton District viticultural area
boundary line surrounds the towns of
Yamhill and Carlton, which lie 3 miles
apart along Route 47 in Yamhill County.
In the ‘‘Name Evidence’’ section, it states
that the first time the two names were
used together was in the 1853
establishment of the Yamhill-Carlton
Pioneer Cemetery. The cemetery is
identified on the USGS Carlton
quadrangle map (published in 1957;
revised in 1992). Local usage of the
‘‘Yamhill-Carlton’’ name has continued
into the modern era. For example, in
1955, the Yamhill-Carlton Union High
School was established in the YamhillCarlton School District.
Petition To Change the Yamhill-Carlton
District Viticultural Area Name
In 2008, Mr. Ken Wright, of Ken
Wright Cellars, submitted a petition to
TTB to change the name of the
viticultural area from ‘‘Yamhill-Carlton
District’’ to ‘‘Yamhill-Carlton.’’ In the
current petition, Mr. Wright asserts that
when the viticultural area was originally
proposed ‘‘[t]he inclusion of the word
‘District’ was completely discretionary
and added only to enforce the idea of
the AVA [American viticultural area]
being a regionalized area.’’ Further, he
states that ‘‘[h]istorically the area has
always been referred to as simply
‘Yamhill-Carlton’ Additionally, the
length of the current name is very
difficult to fit on a [wine] label. Many
wineries have found it impossible, given
their current label graphics, to utilize
the name.’’
Many others joined Mr. Wright,
writing letters included with the
petition, in support of renaming the
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Yamhill-Carlton District viticultural
area as the Yamhill-Carlton viticultural
area. Kathie Oriet, Mayor of the City of
Carlton, Oregon, wrote, ‘‘As Mayor of
the small city of Carlton, I feel the
viticultural area designation should
represent the more commonly known
name of Yamhill-Carlton. Many area
joint ventures are known as YamhillCarlton in both Yamhill and Carlton,
including the local school district, local
sports groups and even the community
luncheon group.’’ Laurent Montalieu,
winemaker at Solena Cellars, stated,
‘‘Historically, the area has been more
commonly referred to [as] YamhillCarlton rather than the Yamhill-Carlton
District, as well as the wines.’’ Mr.
Mantalieu also noted that a change to
the shorter ‘‘Yamhill-Carlton’’ would be
helpful in printing [wine] labels. David
Grooters, owner of Carlton Cellars,
explained, ‘‘The area is always referred
to as Yamhill-Carlton. As in: ‘I went to
Yamhill-Carlton High School,’ or ‘I grew
up in Yamhill-Carlton.’ The simpler
Yamhill-Carlton AVA [name] would be
much preferable for use in our labeling
and marketing materials.’’ Brian
O’Donnell of Belle Pente Vineyard and
Winery stated that the region is more
generally known as ‘‘Yamhill-Carlton,’’
not ‘‘Yamhill-Carlton District * * *. I
believe that there is a broad consensus
with the Yamhill-Carlton winegrower
community that making this change is
the right thing to do, and I hope that the
TTB will be able to take action.’’ Finally,
Jacki Bessler of Barbara Thomas Wines
stated that shortening the name ‘‘will
greatly impact our ability to attractively
place the AVA designation on our label.
Perhaps more important, however, is
that by adding the word ‘District’ to
Yamhill-Carlton, we have actually
moved away [from] historical and
geographic accuracy. I personally know
of no other geographic, public, historic,
or other Yamhill-Carlton name that has
the term ‘district’ attached. We are
known, simply, by Yamhill-Carlton.’’
Name Evidence
TTB notes that the original 2002
petition to establish the Yamhill-Carlton
District viticultural area included
entries in the local telephone book for
the Yamhill-Carlton School District and
the Yamhill-Carlton High School.
The current petition provides several
recent examples of local usage of the
Yamhill-Carlton name without the word
‘‘District.’’ On March 17, 2007, the
Community Press newspaper ran an
advertisement for a dance sponsored by
the Yamhill-Carlton Booster Club at the
Yamhill-Carlton High School cafeteria.
The Lincoln County School District,
Boys Basketball, online schedule
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(accessed February 11, 2008) showed
that the Yamhill-Carlton Tournament
had been scheduled for November 30
and December 1, 2007. According to the
petition, The Oregonian, a newspaper
published in Portland, reported
‘‘Yamhill-Carlton 6, Seaside 5’’ in prep
baseball (date unknown). A printed
flyer, distributed by the Yamhill-Carlton
Anti-Drug Coalition to announce it was
to meet on January 25th [2008] at 7:00
p.m., was addressed to ‘‘Dear YamhillCarlton Community Partner.’’ On
February 11, 2008, ‘‘The Statesman
Journal’’ reported biographical
information online about Ed Glad,
candidate for State Representative and
formerly a member of the YamhillCarlton High School Site Council.
Additional examples of the use of the
Yamhill-Carlton name provided with
the petition include the following: (1)
An e-mail announcing the YamhillCarlton Community Luncheon; (2) a
brown bag lunch event with the guest
speakers being the police chiefs of
Yamhill and Carlton, February 12, 2008,
at the Yamhill City Hall; (3) a June 1,
2008, photograph showing the sign for
the ‘‘Historic Yamhill-Carlton Pioneer
Memorial Cemetery, Established 1853’’;
and (4) a listing for the ‘‘Yamhill-Carlton
FFA Alumni’’ with the Oregon Future
Farmers of America Association.
Search for the Term ‘‘Yamhill-Carlton’’
A TTB query of the ‘‘Yamhill-Carlton’’
name on the USGS Geographic Names
Information System (GNIS) database
yielded no hits for the exact ‘‘YamhillCarlton’’ name usage. However, our
query of the ‘‘Yamhill-Carlton’’ name
using an Internet search engine yielded
44,000 results, a sampling of which
reference the existing Yamhill-Carlton
District viticultural area within the
general area of the Yamhill-Carlton
region in northwest Oregon.
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TTB Determination
TTB concludes that this petition to
rename the Yamhill-Carlton District
viticultural area as the Yamhill-Carlton
viticultural area merits consideration
and public comment as invited in this
notice.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. If we
approve this proposed viticultural area
name change, the new name, ‘‘YamhillCarlton,’’ will be recognized as the name
of the viticultural area. This name
change will affect vintners who
currently use the ‘‘Yamhill-Carlton
District’’ name as an appellation of
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origin because only the approved
viticultural name may be so used. Under
27 CFR 4.39(i)(3), ‘‘Yamhill-Carlton’’ has
been recognized as a term of viticultural
significance by TTB since the
establishment of the Yamhill-Carlton
District AVA. Accordingly, dropping
‘‘District’’ from the viticultural area
name will not change the viticultural
significance of the term ‘‘YamhillCarlton.’’
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 being
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 for labeling with the viticultural
area name or other viticulturally
significant term and that name or 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 of viticultural significance
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 term of viticultural
significance 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 for ‘‘Yamhill-Carlton
District’’ Labels
If we adopt a final rule renaming this
viticultural area, under the proposed
regulatory text, current holders of labels
that were approved before the effective
date of the final rule that use the
‘‘Yamhill-Carlton District’’ name to
designate a viticultural area will be
permitted to use those approved labels
during a 2-year transition period. At the
end of the 2-year period, holders of
approved ‘‘Yamhill-Carlton District’’
wine labels must discontinue their use,
as their certificates of label approval
would be revoked by operation of the
final rule. (See 27 CFR 13.51 and
13.72(a)(2).) The proposed regulatory
text includes a statement to this effect
as a new paragraph (d) in § 9.183. We
believe the 2-year period will provide
such label holders with adequate time to
use up their supply of previously
approved labels.
TTB notes that label holders who
continue to use labels showing the
‘‘Yamhill-Carlton District’’ name during
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9833
the transition period also may apply for
Certificates of Label Approval with the
Yamhill-Carlton name, and use such
labels, if approved.
Public Participation
Comments Invited
We invite comments from interested
members of the public on the
appropriateness of changing the name of
the existing ‘‘Yamhill-Carlton District’’
viticultural area to ‘‘Yamhill-Carlton,’’
and the 2-year transition period. We are
particularly interested in comments on
any possible effects that this name
change would have on label holders
using the Yamhill-Carlton District
appellation of origin. We are also
interested in comments regarding any
negative economic impact which might
result from the proposed change in the
name of the viticultural area, including
whether a transition period is necessary
to alleviate the economic impact,
whether 2 years constitute the
appropriate length of time for a
transition period in order to alleviate
the economic impact, or whether a
transition period may not be effective in
alleviating such impact. If a transition
period would not be effective or if there
are other valid reasons that are relevant
to this rulemaking, we are interested in
comments as to whether both ‘‘YamhillCarlton District’’ and ‘‘Yamhill-Carlton’’
should be the names of the viticultural
area.
Submitting Comments
You may submit comments on this
notice by using one of the following
three methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this notice
in Docket No. TTB–2010–0002 on
‘‘Regulations.gov,’’ the Federal erulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 104 on the TTB Web site at
https://www.ttb.gov/wine/
wine_rulemaking.shtml. Supplemental
files may be attached to comments
submitted via Regulations.gov. For
complete instructions on how to use
Regulations.gov, visit the site and click
on ‘‘User Guide’’ under ‘‘How to Use this
Site.’’
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, P.O. Box 14412, Washington,
DC 20044–4412.
• Hand Delivery/Courier: You may
hand-carry your comments or have them
hand-carried to the Alcohol and
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Tobacco Tax and Trade Bureau, 1310 G
Street, NW., Suite 200–E, Washington,
DC 20005.
Please submit your comments by the
closing date shown above in this notice.
Your comments must reference Notice
No. 104 and include your name and
mailing address. Your comments also
must be made in English, be legible, and
be written in language acceptable for
public disclosure. We do not
acknowledge receipt of comments, and
we consider all comments as originals.
If you are commenting on behalf of an
association, business, or other entity,
your comment must include the entity’s
name as well as your name and position
title. If you comment via https://
www.regulations.gov, please enter the
entity’s name in the ‘‘Organization’’
blank of the comment form. If you
comment via mail, please submit your
entity’s comment on letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
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Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
On the Federal e-rulemaking portal,
Regulations.gov, we will post, and you
may view, copies of this notice, selected
supporting materials, and any electronic
or mailed comments we receive about
this proposal. A direct link to the
Regulations.gov docket containing this
notice and the posted comments
received on it is available on the TTB
Web site at https://www.ttb.gov/wine/
wine_rulemaking.shtml under Notice
No. 104. You may also reach the docket
containing this notice and the posted
comments received on it through the
Regulations.gov search page at https://
www.regulations.gov.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including e-mail addresses.
We may omit voluminous attachments
or material that we consider unsuitable
for posting.
You also may view copies of this
notice, all related petitions and other
supporting materials, and any electronic
or mailed comments we receive about
this proposal by appointment at the TTB
Information Resource Center, 1310 G
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16:36 Mar 03, 2010
Jkt 220001
Street, NW., Washington, DC 20220.
You may also obtain copies at 20 cents
per 8.5- x 11-inch page. Contact our
information specialist at the above
address or by telephone at 202–453–
2270 to schedule an appointment or to
request copies of comments or other
materials.
Regulatory Flexibility Act
We certify that this proposed
regulatory amendment, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The proposed regulation
imposes no new reporting,
recordkeeping, or other administrative
requirement. Any benefit derived from
the use of a viticultural area name
would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
This proposed rule is not a significant
regulatory action as defined by
Executive Order 12866. Therefore, it
requires no regulatory assessment.
Drafting Information
N.A. Sutton of the Regulations and
Rulings Division drafted this notice.
Geological Survey topography maps.
They are titled:
*
*
*
*
*
(c) Boundary. The Yamhill-Carlton
viticultural area is located in Yamhill
and Washington Counties, Oregon, and
is entirely within the Willamette Valley
viticultural area. The Yamhill-Carlton
viticultural area is limited to lands at or
above 200 feet in elevation and at or
below 1,000 feet in elevation within its
boundary, which is described as
follows—
*
*
*
*
*
(d) From February 7, 2005, until
[INSERT DATE ONE DAY BEFORE
EFFECTIVE DATE OF THE FINAL
RULE], the name of this viticultural area
was ‘‘Yamhill-Carlton District’’. Effective
[INSERT EFFECTIVE DATE OF THE
FINAL RULE], this viticulture area is
named ‘‘Yamhill-Carlton’’. Existing
certificates of label approval showing
‘‘Yamhill-Carlton District’’ as an
appellation of origin are revoked by
operation of this regulation on [INSERT
DATE 2 YEARS AFTER EFFECTIVE
DATE OF THE FINAL RULE].
Signed: January 29, 2010.
John J. Manfreda,
Administrator.
[FR Doc. 2010–4570 Filed 3–3–10; 8:45 am]
BILLING CODE 4810–31–P
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, we propose to amend 27 CFR,
chapter I, part 9, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Section 9.183 is amended by
revising the section heading, paragraph
(a) and the introductory text of
paragraphs (b) and (c), and by adding a
new paragraph (d), to read as follows:
§ 9.183
Yamhill-Carlton.
(a) Name. The name of the viticultural
area described in this section is
‘‘Yamhill-Carlton’’. For purposes of part
4 of this chapter, ‘‘Yamhill-Carlton’’ is a
term of viticultural significance.
(b) Approved maps. The appropriate
maps for determining the boundary of
the Yamhill-Carlton viticultural area are
eight 1:24,000 scale United States
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2006–0601; FRL–9122–6]
Approval and Disapproval and
Promulgation of Air Quality
Implementation Plans; Montana;
Revisions to the Administrative Rules
of Montana—Air Quality, Subchapter 7
and Other Subchapters
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to partially
approve and partially disapprove State
Implementation Plan revisions
submitted by the State of Montana on
August 26, 1999, May 28, 2003, March
9, 2004, October 25, 2005, and October
16, 2006. The revisions contain new,
amended, and repealed rules in
Subchapter 7 (Permit, Construction, and
Operation of Air Contaminant Sources)
that pertain to the issuance of Montana
air quality permits, in addition to other
minor administrative changes to other
subchapters of the Administrative Rules
of Montana. The intended effect of this
action is to propose to approve those
E:\FR\FM\04MRP1.SGM
04MRP1
]]>Agencies
[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Proposed Rules]
[Pages 9831-9834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4570]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2010-0002; Notice No. 104]
RIN 1513-AB65
Proposed Renaming of the Yamhill-Carlton District Viticultural
Area (2008R-305P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
rename the established Yamhill-Carlton District viticultural area
located in Yamhill and Washington Counties, Oregon, as the ``Yamhill-
Carlton'' viticultural area. The size and boundary description of the
renamed viticultural area would remain the same. 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. We invite comments on this proposed addition to our
regulations.
DATES: We must receive written comments on or before May 3, 2010.
ADDRESSES: You may send comments on this notice to one of the following
addresses:
https://www.regulations.gov (via the online comment form
for this notice as posted within Docket No. TTB-2010-0002 at
``Regulations.gov,'' the Federal e-rulemaking portal);
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street, NW., Suite 200-E, Washington, DC
20005.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
You may view copies of this notice, selected supporting materials,
and any comments we receive about this proposal at https://www.regulations.gov within Docket No. TTB-2010-0002. A link to that
docket is posted on the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 104. You also may view copies of this
notice, all related petitions, maps, or other supporting materials, and
any comments we receive about this proposal by appointment at the TTB
Information Resource Center, 1310 G Street, NW., Washington, DC 20220.
Please call 202-453-2270 to make an appointment.
FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St.,
No. 158, Petaluma, CA 94952; phone 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 requires that these regulations, 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
[[Page 9832]]
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 geographic 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 geographic 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. 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 geographic 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.
Establishment of the Yamhill-Carlton District Viticultural Area
In 2002, TTB's predecessor Agency, the Bureau of Alcohol, Tobacco
and Firearms, received petitions from Mr. Alex Sokol-Blosser, Secretary
of the North Willamette Valley [American Viticultural Area] Group, and
from Mr. Ken Wright, on behalf of certain grape growers, to establish a
new viticultural area to be called the ``Yamhill-Carlton District.''
Located in northwestern Oregon, the proposed Yamhill-Carlton District
was approximately 35 miles southwest of Portland, Oregon, and 25 miles
from the Pacific Ocean, in Yamhill and Washington Counties, Oregon, and
entirely within the larger Willamette Valley viticultural area (27 CFR
9.90).
On October 7, 2003, TTB published in the Federal Register (68 FR
57845) Notice No. 19, proposing the establishment of the Yamhill-
Carlton District viticultural area. In response to that notice, the
only comment TTB received was in support of the proposed establishment.
On December 9, 2004, TTB published in the Federal Register (69 FR
71372) Treasury Decision (T.D.) TTB-20, establishing the Yamhill-
Carlton District viticultural area (27 CFR 9.183) as originally
proposed.
The T.D. states that the Yamhill-Carlton District viticultural area
boundary line surrounds the towns of Yamhill and Carlton, which lie 3
miles apart along Route 47 in Yamhill County. In the ``Name Evidence''
section, it states that the first time the two names were used together
was in the 1853 establishment of the Yamhill-Carlton Pioneer Cemetery.
The cemetery is identified on the USGS Carlton quadrangle map
(published in 1957; revised in 1992). Local usage of the ``Yamhill-
Carlton'' name has continued into the modern era. For example, in 1955,
the Yamhill-Carlton Union High School was established in the Yamhill-
Carlton School District.
Petition To Change the Yamhill-Carlton District Viticultural Area Name
In 2008, Mr. Ken Wright, of Ken Wright Cellars, submitted a
petition to TTB to change the name of the viticultural area from
``Yamhill-Carlton District'' to ``Yamhill-Carlton.'' In the current
petition, Mr. Wright asserts that when the viticultural area was
originally proposed ``[t]he inclusion of the word `District' was
completely discretionary and added only to enforce the idea of the AVA
[American viticultural area] being a regionalized area.'' Further, he
states that ``[h]istorically the area has always been referred to as
simply `Yamhill-Carlton' Additionally, the length of the current name
is very difficult to fit on a [wine] label. Many wineries have found it
impossible, given their current label graphics, to utilize the name.''
Many others joined Mr. Wright, writing letters included with the
petition, in support of renaming the Yamhill-Carlton District
viticultural area as the Yamhill-Carlton viticultural area. Kathie
Oriet, Mayor of the City of Carlton, Oregon, wrote, ``As Mayor of the
small city of Carlton, I feel the viticultural area designation should
represent the more commonly known name of Yamhill-Carlton. Many area
joint ventures are known as Yamhill-Carlton in both Yamhill and
Carlton, including the local school district, local sports groups and
even the community luncheon group.'' Laurent Montalieu, winemaker at
Solena Cellars, stated, ``Historically, the area has been more commonly
referred to [as] Yamhill-Carlton rather than the Yamhill-Carlton
District, as well as the wines.'' Mr. Mantalieu also noted that a
change to the shorter ``Yamhill-Carlton'' would be helpful in printing
[wine] labels. David Grooters, owner of Carlton Cellars, explained,
``The area is always referred to as Yamhill-Carlton. As in: `I went to
Yamhill-Carlton High School,' or `I grew up in Yamhill-Carlton.' The
simpler Yamhill-Carlton AVA [name] would be much preferable for use in
our labeling and marketing materials.'' Brian O'Donnell of Belle Pente
Vineyard and Winery stated that the region is more generally known as
``Yamhill-Carlton,'' not ``Yamhill-Carlton District * * *. I believe
that there is a broad consensus with the Yamhill-Carlton winegrower
community that making this change is the right thing to do, and I hope
that the TTB will be able to take action.'' Finally, Jacki Bessler of
Barbara Thomas Wines stated that shortening the name ``will greatly
impact our ability to attractively place the AVA designation on our
label. Perhaps more important, however, is that by adding the word
`District' to Yamhill-Carlton, we have actually moved away [from]
historical and geographic accuracy. I personally know of no other
geographic, public, historic, or other Yamhill-Carlton name that has
the term `district' attached. We are known, simply, by Yamhill-
Carlton.''
Name Evidence
TTB notes that the original 2002 petition to establish the Yamhill-
Carlton District viticultural area included entries in the local
telephone book for the Yamhill-Carlton School District and the Yamhill-
Carlton High School.
The current petition provides several recent examples of local
usage of the Yamhill-Carlton name without the word ``District.'' On
March 17, 2007, the Community Press newspaper ran an advertisement for
a dance sponsored by the Yamhill-Carlton Booster Club at the Yamhill-
Carlton High School cafeteria. The Lincoln County School District, Boys
Basketball, online schedule
[[Page 9833]]
(accessed February 11, 2008) showed that the Yamhill-Carlton Tournament
had been scheduled for November 30 and December 1, 2007. According to
the petition, The Oregonian, a newspaper published in Portland,
reported ``Yamhill-Carlton 6, Seaside 5'' in prep baseball (date
unknown). A printed flyer, distributed by the Yamhill-Carlton Anti-Drug
Coalition to announce it was to meet on January 25th [2008] at 7:00
p.m., was addressed to ``Dear Yamhill-Carlton Community Partner.'' On
February 11, 2008, ``The Statesman Journal'' reported biographical
information online about Ed Glad, candidate for State Representative
and formerly a member of the Yamhill-Carlton High School Site Council.
Additional examples of the use of the Yamhill-Carlton name provided
with the petition include the following: (1) An e-mail announcing the
Yamhill-Carlton Community Luncheon; (2) a brown bag lunch event with
the guest speakers being the police chiefs of Yamhill and Carlton,
February 12, 2008, at the Yamhill City Hall; (3) a June 1, 2008,
photograph showing the sign for the ``Historic Yamhill-Carlton Pioneer
Memorial Cemetery, Established 1853''; and (4) a listing for the
``Yamhill-Carlton FFA Alumni'' with the Oregon Future Farmers of
America Association.
Search for the Term ``Yamhill-Carlton''
A TTB query of the ``Yamhill-Carlton'' name on the USGS Geographic
Names Information System (GNIS) database yielded no hits for the exact
``Yamhill-Carlton'' name usage. However, our query of the ``Yamhill-
Carlton'' name using an Internet search engine yielded 44,000 results,
a sampling of which reference the existing Yamhill-Carlton District
viticultural area within the general area of the Yamhill-Carlton region
in northwest Oregon.
TTB Determination
TTB concludes that this petition to rename the Yamhill-Carlton
District viticultural area as the Yamhill-Carlton viticultural area
merits consideration and public comment as invited in this notice.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. If we approve this proposed viticultural area name
change, the new name, ``Yamhill-Carlton,'' will be recognized as the
name of the viticultural area. This name change will affect vintners
who currently use the ``Yamhill-Carlton District'' name as an
appellation of origin because only the approved viticultural name may
be so used. Under 27 CFR 4.39(i)(3), ``Yamhill-Carlton'' has been
recognized as a term of viticultural significance by TTB since the
establishment of the Yamhill-Carlton District AVA. Accordingly,
dropping ``District'' from the viticultural area name will not change
the viticultural significance of the term ``Yamhill-Carlton.''
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 being 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 for labeling with the
viticultural area name or other viticulturally significant term and
that name or 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 of viticultural significance 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 term of viticultural significance 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 for ``Yamhill-Carlton District'' Labels
If we adopt a final rule renaming this viticultural area, under the
proposed regulatory text, current holders of labels that were approved
before the effective date of the final rule that use the ``Yamhill-
Carlton District'' name to designate a viticultural area will be
permitted to use those approved labels during a 2-year transition
period. At the end of the 2-year period, holders of approved ``Yamhill-
Carlton District'' wine labels must discontinue their use, as their
certificates of label approval would be revoked by operation of the
final rule. (See 27 CFR 13.51 and 13.72(a)(2).) The proposed regulatory
text includes a statement to this effect as a new paragraph (d) in
Sec. 9.183. We believe the 2-year period will provide such label
holders with adequate time to use up their supply of previously
approved labels.
TTB notes that label holders who continue to use labels showing the
``Yamhill-Carlton District'' name during the transition period also may
apply for Certificates of Label Approval with the Yamhill-Carlton name,
and use such labels, if approved.
Public Participation
Comments Invited
We invite comments from interested members of the public on the
appropriateness of changing the name of the existing ``Yamhill-Carlton
District'' viticultural area to ``Yamhill-Carlton,'' and the 2-year
transition period. We are particularly interested in comments on any
possible effects that this name change would have on label holders
using the Yamhill-Carlton District appellation of origin. We are also
interested in comments regarding any negative economic impact which
might result from the proposed change in the name of the viticultural
area, including whether a transition period is necessary to alleviate
the economic impact, whether 2 years constitute the appropriate length
of time for a transition period in order to alleviate the economic
impact, or whether a transition period may not be effective in
alleviating such impact. If a transition period would not be effective
or if there are other valid reasons that are relevant to this
rulemaking, we are interested in comments as to whether both ``Yamhill-
Carlton District'' and ``Yamhill-Carlton'' should be the names of the
viticultural area.
Submitting Comments
You may submit comments on this notice by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice in Docket No. TTB-2010-0002
on ``Regulations.gov,'' the Federal e-rulemaking portal, at https://www.regulations.gov. A direct link to that docket is available under
Notice No. 104 on the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on ``User Guide'' under ``How
to Use this Site.''
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and
[[Page 9834]]
Tobacco Tax and Trade Bureau, 1310 G Street, NW., Suite 200-E,
Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 104 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. We do not acknowledge receipt of comments, and we consider
all comments as originals.
If you are commenting on behalf of an association, business, or
other entity, your comment must include the entity's name as well as
your name and position title. If you comment via https://www.regulations.gov, please enter the entity's name in the
``Organization'' blank of the comment form. If you comment via mail,
please submit your entity's comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
On the Federal e-rulemaking portal, Regulations.gov, we will post,
and you may view, copies of this notice, selected supporting materials,
and any electronic or mailed comments we receive about this proposal. A
direct link to the Regulations.gov docket containing this notice and
the posted comments received on it is available on the TTB Web site at
https://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 104.
You may also reach the docket containing this notice and the posted
comments received on it through the Regulations.gov search page at
https://www.regulations.gov.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including e-mail addresses. We may omit voluminous
attachments or material that we consider unsuitable for posting.
You also may view copies of this notice, all related petitions and
other supporting materials, and any electronic or mailed comments we
receive about this proposal by appointment at the TTB Information
Resource Center, 1310 G Street, NW., Washington, DC 20220. You may also
obtain copies at 20 cents per 8.5- x 11-inch page. Contact our
information specialist at the above address or by telephone at 202-453-
2270 to schedule an appointment or to request copies of comments or
other materials.
Regulatory Flexibility Act
We certify that this proposed regulatory amendment, if adopted,
would not have a significant economic impact on a substantial number of
small entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866. Therefore, it requires no regulatory
assessment.
Drafting Information
N.A. Sutton of the Regulations and Rulings Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend 27
CFR, chapter I, part 9, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
2. Section 9.183 is amended by revising the section heading,
paragraph (a) and the introductory text of paragraphs (b) and (c), and
by adding a new paragraph (d), to read as follows:
Sec. 9.183 Yamhill-Carlton.
(a) Name. The name of the viticultural area described in this
section is ``Yamhill-Carlton''. For purposes of part 4 of this chapter,
``Yamhill-Carlton'' is a term of viticultural significance.
(b) Approved maps. The appropriate maps for determining the
boundary of the Yamhill-Carlton viticultural area are eight 1:24,000
scale United States Geological Survey topography maps. They are titled:
* * * * *
(c) Boundary. The Yamhill-Carlton viticultural area is located in
Yamhill and Washington Counties, Oregon, and is entirely within the
Willamette Valley viticultural area. The Yamhill-Carlton viticultural
area is limited to lands at or above 200 feet in elevation and at or
below 1,000 feet in elevation within its boundary, which is described
as follows--
* * * * *
(d) From February 7, 2005, until [INSERT DATE ONE DAY BEFORE
EFFECTIVE DATE OF THE FINAL RULE], the name of this viticultural area
was ``Yamhill-Carlton District''. Effective [INSERT EFFECTIVE DATE OF
THE FINAL RULE], this viticulture area is named ``Yamhill-Carlton''.
Existing certificates of label approval showing ``Yamhill-Carlton
District'' as an appellation of origin are revoked by operation of this
regulation on [INSERT DATE 2 YEARS AFTER EFFECTIVE DATE OF THE FINAL
RULE].
Signed: January 29, 2010.
John J. Manfreda,
Administrator.
[FR Doc. 2010-4570 Filed 3-3-10; 8:45 am]
BILLING CODE 4810-31-P
