Proposed Establishment of the Coombsville Viticultural Area (2010R-009P), 30052-30059 [2011-12822]
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Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Proposed Rules
Dated: May 19, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
corrected to read ‘‘entirety. Accordingly,
the IRS and’’
LaNita VanDyke,
Branch Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel (Procedure and
Administration).
[FR Doc. 2011–12736 Filed 5–23–11; 8:45 am]
BILLING CODE 4160–01–P
[FR Doc. 2011–12788 Filed 5–23–11; 8:45 am]
DEPARTMENT OF THE TREASURY
BILLING CODE 4830–01–P
Internal Revenue Service
DEPARTMENT OF THE TREASURY
26 CFR Part 1
[REG–118761–09]
Alcohol and Tobacco Tax and Trade
Bureau
RIN 1545–BI92
27 CFR Part 9
Controlled Groups; Deferral of Losses;
Correction
[Docket No. TTB–2011–0006; Notice No.
119]
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to notice of proposed
rulemaking.
AGENCY:
This document contains
corrections to notice of proposed
rulemaking (REG–118761–09) that was
published in the Federal Register on
Thursday, April 21, 2011 (76 FR 22336).
The proposed regulations provide
guidance concerning the time for taking
into account deferred losses on the sale
or exchange of property between
members of a controlled group.
FOR FURTHER INFORMATION CONTACT:
Bruce A. Decker at (202) 622–7790 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The notice of proposed rulemaking
that is the subject of this document is
under section 267 of the Internal
Revenue Code.
As published, the notice of proposed
rulemaking (REG–118761–09) contains
errors that are misleading and are in
need of clarification.
jlentini on DSK4TPTVN1PROD with PROPOSALS
Correction to Publication
Accordingly, the notice of proposed
rulemaking which is the subject of FR
Doc. 2011–9606 is corrected as follows:
On page 22336, in the preamble,
column 1, under the paragraph heading
‘‘Background’’, line 2, the language
‘‘concerning the Federal income tax,’’ is
corrected to read ‘‘concerning the federal
income tax’’.
On page 22337, in the preamble,
column 1, under the paragraph heading
‘‘Background’’, line 14 from the top of
the page, the language ‘‘entirety.
Accordingly, the IRS and the’’ is
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Proposed Establishment of the
Coombsville Viticultural Area (2010R–
009P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau proposes to establish
the 11,075-acre ‘‘Coombsville’’
viticultural area in Napa County,
California. The proposed viticultural
area lies within the Napa Valley
viticultural area and the multicounty
North Coast viticultural area. TTB
designates viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase. TTB invites comments on this
proposed addition to the TTB
regulations.
SUMMARY:
TTB must receive your
comments on or before July 25, 2011.
ADDRESSES: Please send your 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–2011–
0006 at ‘‘Regulations.gov,’’ the Federal
e-rulemaking portal);
• U.S. Mail. 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.
DATES:
Need for Correction
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You may view copies of this notice,
selected supporting materials, and any
comments TTB receives about this
proposal at https://www.regulations.gov
within Docket No. TTB–2011–0006. A
link to that docket is posted on the TTB
Web site at https://www.ttb.gov/wine/
wine_rulemaking.shtml under Notice
No. 119. You also may view copies of
this notice, all related petitions, maps or
other supporting materials, and any
comments TTB receives 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:
Elisabeth C. Kann, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G St., NW.,
Room 200E, Washington, DC 20220;
phone 202–453–2002.
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) sets forth
standards for the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas and lists the
approved American 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 having
distinguishing features as described in
part 9 of the regulations and a name and
a delineated boundary as established in
part 9 of the regulations. These
designations allow vintners and
consumers to attribute a given quality,
reputation, or other characteristic of a
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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 grapegrowing region as a viticultural area.
Section 9.12 of the TTB regulations
prescribes standards for petitions for the
establishment or modification of
American viticultural areas. Such
petitions must include the following:
• Evidence that the area within the
viticultural area boundary is nationally
or locally known by the viticultural area
name specified in the petition;
• An explanation of the basis for
defining the boundary of the viticultural
area;
• A narrative description of the
features of the viticultural area that
affect viticulture, such as climate,
geology, soils, physical features, and
elevation, that make it distinctive and
distinguish it from adjacent areas
outside the viticultural area boundary;
• A copy of the appropriate United
States Geological Survey (USGS) map(s)
showing the location of the viticultural
area, with the boundary of the
viticultural area clearly drawn thereon;
and
• A detailed narrative description of
the viticultural area boundary based on
USGS map markings.
jlentini on DSK4TPTVN1PROD with PROPOSALS
Coombsville Petition
TTB received a petition from Thomas
Farella of Farella-Park Vineyards and
Bradford Kitson, on behalf of the
vintners and grape growers in the
Coombsville region of Napa Valley,
California, proposing the establishment
of the Coombsville viticultural area in
Napa County, California. The proposed
viticultural area contains 11,075 acres,
1,360 acres of which are in 26
commercial vineyards, according to the
petition. The proposed viticultural area
lies within the Napa Valley viticultural
area (27 CFR 9.23) and the larger,
multicounty North Coast viticultural
area (27 CFR 9.30). The distinguishing
features of the proposed Coombsville
viticultural area include geology,
geography, climate, and soils.
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TTB notes that the proposed
Coombsville viticultural area adjoins or
is located near four established
viticultural areas: the Oak Knoll District
of Napa Valley viticultural area (27 CFR
9.161) to the northwest and the Los
Carneros viticultural area (27 CFR 9.32)
to the southwest share portions of their
boundary lines with that of the
proposed Coombsville viticultural area,
and the Wild Horse Valley viticultural
area (27 CFR 9.124) to the east and the
Solano County Green Valley viticultural
area (27 CFR 9.44) to the southeast are
close to, but do not touch, the eastern
boundary line of the proposed
Coombsville viticultural area.
The petition states that four bonded
wineries use the ‘‘Coombsville’’ name on
one or more of their wine labels:
Bighorn Cellars, Laird Family Estate,
Farella-Park Vineyards, and Monticello
Cellars. All four wineries have advised
TTB in writing that if the Coombsville
viticultural area is established, they will
be able to comply with the rule that, in
the case of wine using the ‘‘Coombsville’’
name on the label as an appellation of
origin, at least 85 percent of the wine
must be produced from grapes grown
within the boundary of the Coombsville
viticultural area.
Previous Proposed Rulemaking
Previously, a group of Napa Valley
grape growers proposed the
establishment of the 11,200-acre
‘‘Tulocay’’ American viticultural area in
approximately the same area as the
proposed Coombsville viticultural area.
Consequently, TTB published Notice
No. 68 in the Federal Register (71 FR
65432) on November 8, 2006, to propose
the establishment of the Tulocay
viticultural area. However, based on
comments received in response to
Notice No. 68, TTB published Notice
No. 84 in the Federal Register (73 FR
34902) on June 19, 2008, withdrawing
Notice No. 68 because the evidence and
other information available raised a
substantial question as to whether there
was a sufficient basis to conclude that
the geographical area described in the
petition was locally or nationally known
as ‘‘Tulocay’’ and because consumer
confusion could ensue if the term
‘‘Tulocay,’’ which for more than 30 years
was identified with a particular winery,
would suddenly be attributed only to
grapes grown from a geographical area.
However, TTB did not preclude
consideration of the current petition in
Notice No. 84. In fact, TTB stated:
‘‘* * * currently there is no petition
requesting the establishment of a
viticultural area in the subject area
using a variation of Tulocay, such as
Tulocay District, or any other name,
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such as Coombsville or Coombsville
District. It is noted that these findings
do not preclude future consideration of
a petition, supported by sufficient name
evidence, proposing the establishment
of a viticultural area in the subject area
using a name other than ‘Tulocay.’’’
Notice No. 84 further noted that some
comments in response to Notice No. 68
expressed a preference for the name
‘‘Coombsville’’ for the proposed
viticultural area rather than the
petitioned-for ‘‘Tulocay’’ name.
TTB further notes that the eastern
portion of the boundary line for the
proposed Coombsville viticultural area
differs from that of the proposed
Tulocay viticultural area boundary line
in order to keep the proposed
Coombsville viticultural area within
Napa County and the Napa Valley
viticultural area. This boundary change
results in a 125-acre reduction of the
total area, from 11,200 acres for the
previously proposed Tulocay
viticultural area to 11,075 acres for the
currently proposed Coombsville
viticultural area.
Name Evidence for the Proposed
Coombsville Viticultural Area
The petition states that ‘‘Coombsville’’
is the commonly used name for an area
that lies east of the City of Napa,
California. In addition, the area east of
the City of Napa is designated as
‘‘Coombsville’’ on the Napa County Land
Use Plan 2008–2030 map.
The petition states that, as early as
1914, an unincorporated area of Napa
County became commonly known as the
‘‘Coombsville’’ region named for Nathan
Coombs, a prominent community leader
and founder of the City of Napa. Mr.
Coombs owned 2,525 acres of land on
3 parcels to the east of the Napa River,
in the area now called ‘‘Coombsville’’
(‘‘Official Map of the County of Napa,’’
California, 1876).
According to the petition, the original
Coombsville Road, little more than an
unnamed path, existed more than 120
years ago (‘‘Map of Coombsville,’’ survey
map, W. A. Pierce, ‘‘County Road from
Napa to Green Valley,’’ 1883). Currently,
Napa city and county road signs identify
Coombsville Road where the road
intersects with Third Street and the
Silverado Trail. Coombsville Road is
entirely within the boundary line of the
proposed Coombsville viticultural area
(‘‘Napa Valley,’’ map, California State
Automobile Association, May 2004),
according to the petition.
The petition states that the
Coombsville region has always had a
separate identity from the City of Napa.
Early on, the City of Napa grew in
increments, eventually ‘‘swallowing up
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the easterly suburb of Coombsville’’
(‘‘Napa Valley Heyday,’’ Richard H.
Dillon, The Book Club of California,
2004, page 119). The Coombsville region
was also recognized as a farming area
(‘‘Napa, The Transformation of an
American Town,’’ Lauren Coodley and
Paula Schmitt, Arcadia Publishing,
2007, page 61), according to the
petition.
The Coombsville region has become
well known as an agricultural area
through Napa County newspaper
reports, according to the petition. For
example, a newspaper report stated: ‘‘A
week ago, Patrick Sexton’s backyard in
Coombsville was a riotous place, with a
gobble-gobble here, a gobble-gobble
there, a gobble-gobble everywhere’’
(‘‘Napa High senior raises great
gobblers,’’ The Napa Valley Register,
Nov. 27, 2008). That report further
noted: ‘‘Coombsville is still wild
country. The birds are fully protected
from the raccoons, dogs and occasional
mountain lions’’ (ibid.). Another report
describes a downed power line that cut
off electricity to 2,200 Coombsville
residential customers overnight (‘‘Lights
out again in Coombsville area,’’ op. cit.,
Sept. 3, 2008). A third report describes
a political district including
Coombsville, American Canyon, and
part of [the City of] Napa (‘‘Local ballot
for June takes shape,’’ op. cit., March 12,
2008), according to the petition.
The petition states that the Napa
County real estate industry recognizes
the Coombsville region in its sale
listings. Properties are described as
‘‘situated in the prestigious and
desirable Coombsville area,’’ according
to a realtor listing on July 7, 2009. A
property described as ‘‘Coombsville
Area at Its Best!’’ sold for $600,000 in
2008, according to another realtor. The
petition includes the following
description of a proposed new housing
development in the region: ‘‘The project
is off of Wyatt Road, on the frontier
where the residences of east Napa meet
the open space and rural feel of
Coombsville’’ (‘‘No middle ground in
Napa County,’’ op. cit., Oct. 23, 2005).
Fifty-five acres in the region purchased
for real estate development is described
in the petition as, ‘‘* * * in the
Coombsville area of Napa County,
scrub-covered slopes at the south end of
the valley * * *’’ (‘‘The Far Side of
Eden—New Money, Old Land and the
Battle for Napa Valley,’’ James Conaway,
Houghton Mifflin Company, 2002, page
50).
The petition explains that
‘‘Coombsville’’ has national name
recognition because of its renown as a
wine region in Napa Valley. The
following reports appeared in a wine
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enthusiast publication: ‘‘Putting
Coombsville on the map for Napa
Cabernet’’ (July 31, 2001), regarding a
vintner who believes he can make one
of the top cabernets in the Napa Valley
region; ‘‘Caldwell Vineyards’’ (Nov. 15,
2002), regarding the first time that John
Caldwell produced wine from a 60-acre
Coombsville vineyard; ‘‘Franciscan Buys
Large Parcel of Napa Land’’ (March 15,
1999), describing a 160-acre property in
the Coombsville region; and ‘‘James
Laube Unfined—An Armchair Winery
‘Tour’ with Philippe Melka’’ (Aug. 10,
2007), detailing the acquisition of
Coombsville-grown cabernet grapes to
produce wine.
The petition also states that the
following reports on the Coombsville
region appeared on
AppellationAmerica.com: The
Coombsville region is described as ‘‘the
hottest spot for grapes these days in the
Napa Valley’’ and it is circled on a map
of the Napa Valley in ‘‘Why Cool
Coombsville is HOT’’ (Oct. 8, 2008); and
a 1995 acquisition of 20 acres of
vineyards in the Coombsville region is
detailed in ‘‘The Wonders of Mountain
Terroir: Let Robert Craig Explain’’ (Feb.
7, 2007).
Boundary Evidence
The petition states that the history of
grape-growing in the Coombsville region
dates to 1870, when the Carbone family
purchased a large land parcel on
Coombsville Road (‘‘Napa Valley
Heyday,’’ Richard H. Dillon, The Book
Club of California, 2004, page 100).
Around 1880, Antonio Carbone opened
a winery (ibid.). The historic winery still
exists and is now used as a private
residence, the petition explains. The
petition further states that modern
vineyard plantings include: Farella-Park
Vineyards; Stag’s Leap Wine Cellars’
Arcadia Vineyards; Far Niente Winery’s
Barrow Lane, Carpenter, and John’s
Creek Vineyards; Berlenbach Vineyards;
and Richard Perry Vineyards.
An aerial photograph of the
Coombsville region, included in the
petition, is described as ‘‘a view of the
‘cup-and-saucer’ area of Coombsville,
east of the city of Napa’’ (‘‘The
Winemaker’s Dance—Exploring Terroir
in the Napa Valley,’’ Jonathan Swinchatt
and David G. Howell, University of
California Press, 2004, page 59, figure
34).
According to USGS maps submitted
with the petition, the proposed
Coombsville viticultural area is nestled
in the southeastern region of the Napa
Valley viticultural area, between the
eastern shores of both the Napa River
and Milliken Creek and the western
ridgeline of the Vaca Range at the
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Solano County line. The west-facing,
horseshoe-shaped southern tip of the
Vaca Range encircles much of the
proposed Coombsville viticultural area
and defines parts of the northern,
eastern, and southern portions of the
boundary line, according to the petition,
boundary description, and USGS maps.
According to the boundary
description in the petition, the eastern
portion of the boundary line of the
proposed Coombsville viticultural area
incorporates straight lines between
western peaks of the Vaca Range. The
eastern portion of the boundary line
corresponds in part to, but does not
overlap, the western portions of the
boundary lines of the Wild Horse Valley
and Solano County Green Valley
viticultural areas and stays within Napa
County, according to the boundary
description in the petition.
As detailed in the boundary
description in the petition, the southern
portion of the boundary line of the
proposed Coombsville viticultural area
follows a straight southeast-to-northwest
line from a map point in Kreuse Canyon
to Imola Avenue, and then continues
west on Imola Avenue to the Napa
River.
According to the petition, and as
visible on the USGS maps, an east-west
transverse ridge that climatically
protects the Coombsville region from
the full impact of the marine influence
of the San Pablo Bay lies beyond the
proposed southern portion of the
boundary line. Commonly known as
‘‘Suscol,’’ ‘‘Soscol,’’ or ‘‘Soscol Ridge,’’
the ridge separates the Coombsville
region from large portions of the Napa
Valley flood plain’s differing soils and
broad slough topography. The petition
states that the complex terrain of the
ridge was difficult to use as a precise
and reasonable southern portion of the
boundary line for the proposed
Coombsville viticultural area petition.
Hence, a straight line between two map
points and a portion of Imola Avenue
was used to define the southern limits
of the proposed Coombsville viticultural
area. TTB believes that the straight line
and Imola Avenue are a reasonable
alternative for the proposed southern
portion of the boundary line.
According to the boundary
description and the USGS Napa
Quadrangle map, the western portion of
the boundary line of the proposed
Coombsville viticultural area relies on
portions of the Napa River and Milliken
Creek to connect Imola Avenue to the
south with Monticello Road to the
north. TTB notes that the southwest
corner of the proposed viticultural area,
at the intersection of Imola Avenue and
the Napa River, touches but does not
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overlap the eastern portion of the
boundary line of the Los Carneros
viticultural area.
According to the boundary
description, the northern portion of the
boundary line of the proposed
Coombsville viticultural area uses
Monticello Road and a straight line from
the road’s intersection with the 400-foot
contour line eastward to the peak of Mt.
George. Much of the length of the
proposed northern portion of the
boundary line follows a ridge line from
the Vaca Range along Milliken Creek,
according to the USGS maps submitted
with the petition. TTB notes that the
northwest corner of the proposed
viticultural area, at the intersection of
Milliken Creek and Monticello Road,
touches but does not overlap the
southeast corner of the Oak Knoll
District of Napa Valley viticultural area.
Distinguishing Features
jlentini on DSK4TPTVN1PROD with PROPOSALS
Geology
Citing a report entitled ‘‘The Geologic
Origin of the Coombsville Area,’’ which
is an exhibit to the petition, the petition
describes the ancient volcanic and
crustal uplift events in the geologic
history of the Coombsville region (‘‘The
Geologic Origin of the Coombsville
Area,’’ EarthVision, Inc., May 2009).
According to the petition and the above
report, the initial geological event was
the eruption and collapse of a volcano
that was part of the Napa ValleySonoma volcanic series. This process
created structural underpinnings for the
curved architecture that characterizes
the cup-and-saucer topography within
the Coombsville region. The eastern part
of the Coombsville area is bowl-shaped,
reflecting the geologic structure from a
caldera landform (ibid.), according to
the petition.
The petition states that the next
important geologic process began when
crustal forces started to uplift and
wrinkle the earth crust in the Vaca
Range. The uplift progressed from east
to west through the Vaca Range. The
latest expression of the westward
advancing crustal compression is the
down-dropped region of Napa Valley
and the complementary up-thrown
Mayacmas Mountains west of Napa
Valley (ibid.).
According to the above report, when
the crustal uplift passed through the
Coombsville region, the western front of
the collapsed caldera slid westward as
a large landslide into the valley below
(ibid.). The ancient Napa River removed
most of the Coombsville landslide
debris from the Napa Valley (ibid.).
The petition states that the earth
surface materials that cover the
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proposed Coombsville viticultural area
originated in a variety of ways. A thin
coat of residual debris on volcanic
bedrock covers the hills. Within the
collapsed volcanic region, alluvial
gravels of the Huichica Formation occur
in the northern part and diatomaceous
lake deposits occur along the northeast
edge of the Coombsville bowl landform.
The remainder of the surface material is
a variety of alluvial deposits laid down
since the ancient volcanic collapse
(ibid.).
The petition did not include data on
the geology of the surrounding areas.
Geography
As shown in the aerial photograph
submitted with the petition, a
horseshoe-shaped, elevated landform,
part of the Vaca Range, is the most
notable geographical characteristic of
the proposed Coombsville viticultural
area (‘‘The Winemaker’s Dance—
Exploring Terroir in the Napa Valley’’).
The west-facing horseshoe comprises a
ring of volcanic mountains, according to
the petition.
The petition states that gentle slopes
and rolling terrain extend westward
from the Vaca Range and the opening of
the horseshoe to the Napa River and
Milliken Creek, and that most
viticultural activity occurs within this
area.
As shown in the aerial photograph
referred to above, the elevated cup-andsaucer landform lies partially within the
curvature of the horseshoe on the
western side of the proposed viticultural
area. A small flood plain lies along the
proposed western portion of the
boundary line near the Napa River and
Milliken Creek, the petition explains.
The petition states that the MillikenSarco-Tulocay watershed, named after
the three main creeks in the region, lies
within the proposed Coombsville
viticultural area. The cup-and-saucer
landform presents a drainage obstacle,
making Sarco Creek detour to the north
and Tulocay Creek flow to the south.
Eventually, all drainage flows to the
southwest and joins with the southflowing Napa River, the petition
explains.
According to USGS maps, elevations
within the proposed Coombsville
viticultural area vary from about 10 feet
along Milliken Creek and the Napa
River shoreline to 1,877 feet at the peak
of Mt. George, at the northeast corner of
the proposed Coombsville viticultural
area along the western ridge of the Vaca
Range. The outer landforms vary from
approximately 500 to 1,200 feet in
elevation, some having steep terrain.
The inner landforms exceed 400 feet in
elevation in some areas, and the
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surrounding gentle slopes and rolling
terrain to the north, west, and south,
between the inner and outer landforms,
varies from approximately 100 to 200
feet in elevation. The flood plain along
the western boundary line varies in
elevation from 10 to 20 feet along
Milliken Creek and the Napa River,
according to USGS maps.
According to the petition, the
combination of unique landforms and
large elevation differences gives the
proposed Coombsville viticultural area a
fog-protected partial basin with high
surrounding ridges. The aerial
photograph submitted with the petition
shows Coombsville as an isolated niche
within the larger, more open terrain of
the Napa Valley viticultural area. Also,
the USGS maps indicate that the Vaca
Range to the east provides a natural
geographical boundary for the proposed
viticultural area.
According to the USGS maps and the
petition, the regions surrounding the
proposed Coombsville viticultural area
have different geographies. To the
northwest of the proposed viticultural
area lies the Oak Knoll District of Napa
Valley viticultural area, which can be
distinguished from the proposed
Coombsville viticultural area by its low
valley floor elevations and the dry creek
alluvial fan. To the west lies the City of
Napa. To the southwest lies the Los
Carneros viticultural area, which can be
distinguished from the proposed
viticultural area by its low rolling hills,
flatlands, and mountainous terrain. To
the southeast lies the Solano County
Green Valley viticultural area; it can be
distinguished from the proposed
Coombsville viticultural area by more
rugged terrain. To the east lies the Wild
Horse Valley viticultural area, which
can be distinguished from the proposed
viticultural area by its isolated valley
and the surrounding steep, rugged
terrain and high elevations. To the
northeast are the Vaca Mountains,
which can be distinguished from the
proposed viticultural area by their
rugged terrain.
Climate
The petition states that the proposed
viticultural area has climatically unique
features, including precipitation and
heat summation. The petition provides
statistical information on the
microclimates of the adjacent Los
Carneros and Oak Knoll District of Napa
Valley viticultural areas, which are both
within the larger Napa Valley
viticultural area (‘‘The Micro-Climate of
the Coombsville Viticultural Area,’’ Erik
Moldstad, Sept. 28, 2009). According to
the petitioner, the isolated Wild Horse
Valley and Solano County Green Valley
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viticultural areas, to the immediate east
of the proposed Coombsville viticultural
area, lack available weather station data.
In considering this petition, TTB
obtained historic weather station data
for surrounding north, east, south, and
west regions within 15 miles or less of
the proposed Coombsville viticultural
area (Lake Berryessa, Fairfield, Napa
Climatic averages for
Coombsville region and
surrounding areas
Years ..........................................
Coombsville
region
Oak Knoll
District of
Napa Valley
viticultural
area
(northwest)
Lake
Berryessa
(north)
Fairfield
(east)
Napa State
Hospital
(south)
City of Napa
(west)
2006–2008
2006–2008
2006–2008
1957–1970
1950–2009
1893–2009
1903–1965
19.14
jlentini on DSK4TPTVN1PROD with PROPOSALS
1974–2007
2,550
The table shows that precipitation in
the proposed Coombsville viticultural
area averages 19.14 inches annually,
and varies significantly from the
surrounding viticultural microclimates.
The Coombsville region is warmer and
wetter than the Los Carneros viticultural
area to the southwest and cooler and
drier than the Oak Knoll District of
Napa Valley viticultural area to the
northwest, according to Michael Wolf,
owner of Michael Wolf Vineyard
Services. To the northwest, the Oak
Knoll District of Napa Valley
viticultural area averages 2.5 inches
more annual rainfall, or 113 percent of
the Coombsville regional average. To the
southwest, the Los Carneros viticultural
area has about 2 inches less rainfall
annually, or about 90 percent of the
Coombsville regional average. The data
in the table indicates that the proposed
Coombsville viticultural area averages
3.63 to 5.47 inches less precipitation
annually than the four surrounding
areas for which weather station data was
obtained by TTB.
The growing season in the proposed
Coombsville viticultural area is
measured in the Winkler climate
classification system (‘‘General
Viticulture,’’ Albert J. Winkler,
University of California Press, 1974,
pages 61–64). In the Winkler system,
heat accumulation per year defines
climatic regions. As a measurement of
heat accumulation during the growing
season, 1 degree day accumulates for
each degree Fahrenheit that a day’s
mean temperature is above 50 degrees,
which is the minimum temperature
required for grapevine growth. Climatic
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1974–2007
Heat summation units—annual
average ...................................
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Coombsville region, the Los Carneros
and Oak Knoll District of Napa Valley
viticultural areas, and the surrounding
north, east, south, and west weather
station areas. The table data is based
primarily on petition documentation
and also TTB’s WRCC Web site data
research.
Los Carneros
viticultural
area
(southwest)
Precipitation in inches—annual
average ...................................
Years ..........................................
State Hospital, and the City of Napa,
respectively) from the Western Region
Climate Center (WRCC) Web site,
created in partnership with the National
Climatic Data Center, Regional Climate
Centers, and State Climate Offices.
The table below presents average
annual precipitation amounts and heat
summation range totals for the
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2,888
24.44
1974–2007
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1950–2009
2,611
region I has less than 2,500 growing
degree days (GDD) per year; region II,
2,501 to 3,000; region III, 3,001 to 3,500;
region IV, 3,501 to 4,000; and region V,
4,001 or more (ibid.).
According to the table, the
Coombsville region is a low Winkler
region II (2,550 GDD units), which is
cooler by 61 to 683 degree units than the
four surrounding areas from which
weather station data was obtained by
TTB. The coolest of the four areas is
Lake Berryessa to the north at 2,611
GDD units (region II), and the warmest
is the City of Napa to the west at 3,233
GDD units (region III). Also, the adjacent
Oak Knoll District of Napa Valley
viticultural area is significantly warmer
at 2,888 GDD units, a high Winkler
region II. The adjacent Los Carneros
viticultural area is Winkler region I at
2,435 GDD units.
The petition states that significant
viticultural factors for the Coombsville
region growing season include the
amount of solar radiation and daytime
heating. The solar radiation and heating
are affected by the dissipation rate of
morning fog, followed by the number of
hours of sunshine, and then the onset of
afternoon cooling bay breezes from San
Pablo Bay, the petition explains.
The petition states that the effects of
the presence and disappearance of fog
from the Napa Valley region in the day
alters the temperature rise in the grapegrowing season. Temperature and
sunlight have subtle effects on grape
development that, over the growing
season, profoundly affect grape ripening
times and flavors. The pace of sugar
accumulation and the pace of the
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1893–2009
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24.02
1903–1965
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lessening of acidity during grape
ripening are two examples of how the
fog affects grape development. The
petition notes that grape growers in the
cooler Los Carneros viticultural area, to
the south and closer to the foggy bay,
harvest grapes with similar sugar and
acidity levels for the same varietal as in
the Coombsville region, but do so later
in the growing season. Also, to the north
of the Coombsville region, in the
warmer and less foggy Oak Knoll
District of Napa Valley viticultural area,
the same varietals with similar sugar
and acid levels are harvested earlier
than in the Coombsville and Los
Carneros areas, according to the
petition.
The petition explains that the
Coombsville region has more solar
radiation and daytime heat than the Los
Carneros viticultural area to the
southwest and less than the Oak Knoll
District of Napa Valley viticultural area
to the northwest. The morning fog
generally dissipates about 1 to 2 hours
earlier in the Coombsville region than in
the Los Carneros viticultural area to the
southwest, and an hour later than in the
Oak Knoll District of Napa Valley
viticultural area to the northwest. Also,
in the afternoon, the bay breezes first
cool the Los Carneros viticultural area,
then spread slowly northward through
the Coombsville region into the Oak
Knoll District of Napa Valley
viticultural area, and eventually
continue northward up the Napa Valley,
the petition states.
According to the petition, as the San
Pablo Bay afternoon breezes reach
northward to each micro-climate in the
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Napa Valley region, the air temperature
incrementally stops rising, or slightly
decreases. Cool breezes create the
differences in maximum growing
temperatures for the south-to-north
locations of the Los Carneros
viticultural area, the Coombsville
region, Oak Knoll District of Napa
Valley viticultural area, and other Napa
Valley viticultural areas, the petition
explains.
Soils
The petition explains that the soils of
the proposed Coombsville viticultural
area are generally well drained and of
volcanic origin. Upland soils are
weathered from their primary volcanic
source, while lowland soils are alluvial
in nature (‘‘A Custom Soil Resource
Report for Napa County, California—
Coombsville Soils,’’ Natural Resources
30057
Conservation Service, United States
Department of Agriculture, https://
websoilsurvey.nrcs.usda.gov/, May 27,
2009). The petitioner provided the
following table, which shows the
percentages of the predominant soils in
the proposed Coombsville viticultural
area as compared to surrounding
regions, based on information contained
in this report.
Viticultural area
Coombsville
Oak Knoll
District of
Napa Valley
(NW)
Los Carneros
(SW)
Wild Horse
Valley
(E)
West Side
Napa River
(W)
Predominant soil series
Percent
Percent
Percent
Percent
Percent
jlentini on DSK4TPTVN1PROD with PROPOSALS
Hambright-Rock outcrop ................................................
Coombs ..........................................................................
Sobrante .........................................................................
Forward ..........................................................................
Haire ...............................................................................
Cole ................................................................................
The Hambright-Rock outcrop complex
makes up 28.5 percent of the
Coombsville area, as shown on the
above table and is found in lesser
concentrations to the north, east, and
south. The complex is found in the Vaca
Range and makes up most of the cupand-saucer landform soils (ibid.).
Coombs gravelly and stony loams
represent 24.1 percent of the soils in the
Coombsville area, and are found in
lesser concentrations to the north, east,
and west, as shown on the above table.
In addition, those soils are the main
types appropriate for grape growing in
the Coombsville region. They are
alluvial, well drained soils at elevations
of 50 to 500 feet. The Coombs soils are
‘‘relatively unique to the area,’’ and they
were likely first identified in the
Coombsville area, according to the
petition. Coombs soils make up only 1.7
percent of the soils in Napa County, but
they account for almost a quarter of the
Coombsville region soils (ibid.).
As shown on the table, Sobrante soils
make up 15.5 percent of the
Coombsville region, 16 percent to the
east in Wild Horse Valley, and a much
lesser concentration to the northwest.
These soils are well drained and are at
elevations of 120 feet and higher. In
addition, some Sobrante soils are used
for viticulture in the southeast corner of
the proposed Coombsville viticultural
area (ibid.).
As shown on the table, soils found in
lesser concentrations in the proposed
Coombsville viticultural area include
Haire and Cole, which have higher
concentrations in three of the
surrounding areas.
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The Proposed Coombsville Viticultural
Area Compared to the North Coast and
Napa Valley Viticultural Areas
North Coast Viticultural Area
The North Coast viticultural area was
established by T.D. ATF–145, which
was published in the Federal Register
(48 FR 42973) on September 21, 1983.
It includes all or portions of Napa,
Sonoma, Mendocino, Solano, Lake, and
Marin Counties, California. TTB notes
that the North Coast viticultural area
contains all or portions of
approximately 40 established
viticultural areas, in addition to the area
covered by the proposed Coombsville
viticultural area. In the conclusion of
the ‘‘Geographical Features’’ section of
the preamble, T.D. ATF–145 states that
‘‘[d]ue to the enormous size of the North
Coast, variations exist in climatic
features such as temperature, rainfall,
and fog intrusion.’’
The proposed Coombsville
viticultural area shares the basic
viticultural feature of the North Coast
viticultural area: the marine influence
that moderates growing season
temperatures in the area. However, the
proposed viticultural area is much more
uniform in its geography, geology,
climate, and soils than the diverse
multicounty North Coast viticultural
area. In this regard, TTB notes that T.D.
ATF–145 specifically states that
‘‘approval of this viticultural area does
not preclude approval of additional
areas, either wholly contained with the
North Coast, or partially overlapping the
North Coast,’’ and that ‘‘smaller
viticultural areas tend to be more
uniform in their geographical and
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climatic characteristics, while very large
areas such as the North Coast tend to
exhibit generally similar characteristics,
in this case the influence of maritime air
off of the Pacific Ocean and San Pablo
Bay.’’ Thus, the proposal to establish the
Coombsville viticultural area is not
inconsistent with what was envisaged
when the North Coast viticultural area
was established.
Napa Valley Viticultural Area
The Napa Valley viticultural area was
established by T.D. ATF–79, which was
published in the Federal Register (46
FR 9061) on January 28, 1981, includes
most of Napa County, California. TTB
notes that the Napa Valley viticultural
area encompasses 14 existing smaller
viticultural areas, in addition to the area
covered by the proposed Coombsville
viticultural area. The Napa Valley
viticultural area encompasses ‘‘all the
areas traditionally known as ‘Napa
Valley’ which possess generally similar
viticulture characteristics different from
those of the surrounding areas,’’
according to T.D. ATF–79.
The Coombsville petition states that a
Mediterranean climate of warm, dry
summers and cool, moist winters
dominate the Napa Valley region. Air
temperatures in the valley increase from
south to north based on the dissipation
of the marine fog and cooling winds
from the San Pablo Bay to the south.
Precipitation amounts are greater at the
north end of the valley, at higher
elevations, and in the Mayacmas
Mountains on the west side of the
valley. Sun exposure is greater on the
east side of Napa Valley along the
southwest face of the Vaca Range,
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including the Coombsville region, as
compared to the western valley foothills
of the Mayacmas Mountains, according
to the petition.
According to T.D. ATF–79, the Napa
Valley viticultural area contains
varieties of both Coombs and Sobrante
soils, which are prominent in the
Coombsville region. It also includes
other soil types, including Bale, Cole,
Yolo, Reyes, and Clear Lake, T.D. ATF–
79 states. The latter soil types are not
prominent or are not present in the
proposed Coombsville viticultural area,
according to the petition. Thus, while
the characteristics of the proposed
Coombsville viticultural area are
generally similar to those of the Napa
Valley viticultural area, there are some
distinguishing characteristics that may
warrant its separate designation as a
viticultural area.
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 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.
TTB Determination
TTB concludes that the petition to
establish the 11,075-acre Coombsville
American viticultural area merits
consideration and public comment, as
invited in this notice.
Comments Invited
TTB invites comments from interested
members of the public on whether the
Bureau should establish the proposed
viticultural area. TTB also is interested
in receiving comments on the
sufficiency and accuracy of the name,
boundary, climate, soils, and other
required information submitted in
support of the petition. In addition,
given the proposed Coombsville
viticultural area’s location within the
existing Napa Valley and North Coast
viticultural areas, TTB is also interested
in comments on whether the evidence
submitted in the petition regarding the
distinguishing features of the proposed
viticultural area sufficiently
differentiates the proposed viticultural
area from those existing viticultural
areas. TTB is also interested in
comments regarding whether the
geographic features of the proposed
viticultural area are so distinguishable
from the surrounding Napa Valley and
North Coast viticultural areas that the
proposed Coombsville viticultural area
should no longer be part of those
viticultural areas. Please provide any
available specific information in
support of your comments.
Because of the potential impact of the
establishment of the proposed
Coombsville viticultural area on wine
labels that include the words
‘‘Coombsville,’’ as discussed above
under ‘‘Impact on Current Wine Labels,’’
TTB is particularly interested in
comments regarding whether there will
be a conflict between the proposed area
name and currently used brand names.
As noted above, four bottling wineries
that currently use the ‘‘Coombsville’’
name on one or more of their wine
labels have provided written assurance
Boundary Description
See the narrative boundary
description of the petitioned-for
viticultural area in the proposed
regulatory text published at the end of
this notice.
jlentini on DSK4TPTVN1PROD with PROPOSALS
Maps
The petitioner provided the required
maps, and TTB lists them below in the
proposed regulatory text.
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 TTB
establishes this proposed viticultural
area, its name, ‘‘Coombsville,’’ will be
recognized as a name of viticultural
significance under 27 CFR 4.39(i)(3).
The text of the new regulation clarifies
this point. Consequently, wine bottlers
using ‘‘Coombsville’’ in a brand name,
including a trademark, or in another
label reference as to the origin of the
wine, will have to ensure that the
product is eligible to use the viticultural
area’s name as an appellation of origin.
For a wine to be labeled with a
viticultural area name or with a brand
name that includes a viticultural area
name or other term identified as 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
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to TTB that, should the Coombsville
viticultural area be approved, these
label holders will comply with the
regulatory requirement that at least 85
percent of any wine with ‘‘Coombsville’’
on the label is derived from grapes
grown within the Coombsville
viticultural area.
If a commenter believes that a conflict
will arise, the comment should describe
the nature of that conflict, including any
anticipated negative economic impact
that approval of the proposed
viticultural area will have on an existing
viticultural enterprise. TTB is also
interested in receiving suggestions for
ways to avoid conflicts, for example by
adopting a modified or different name
for 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
within Docket No. TTB–2011–0006 on
‘‘Regulations.gov,’’ the Federal erulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 119 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
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. 119 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. TTB does not
acknowledge receipt of comments, and
TTB considers 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
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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.
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.
Drafting Information
Public Disclosure
On the Federal e-rulemaking portal,
Regulations.gov, TTB will post, and you
may view, copies of this notice, selected
supporting materials, and any electronic
or mailed comments TTB receives 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. 119. 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 email addresses.
TTB may omit voluminous attachments
or material that the Bureau considers
unsuitable for posting.
You also may view copies of this
notice, all related petitions, maps and
other supporting materials, and any
electronic or mailed comments TTB
receives 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 11inch page. Contact TTB’s 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.
jlentini on DSK4TPTVN1PROD with PROPOSALS
Regulations.gov, please enter the
entity’s name in the ‘‘Organization’’
blank of the online comment form. If
you comment via postal 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.
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, Code of Federal
Regulations, as follows:
Regulatory Flexibility Act
TTB certifies that this proposed
regulation, 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
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Executive Order 12866
This proposed rule is not a significant
regulatory action as defined by
Executive Order 12866. Therefore, it
requires no regulatory assessment.
The Regulations and Rulings Division
drafted this notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
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. Subpart C is amended by adding
§ 9.ll to read as follows:
§9
Coombsville.
(a) Name. The name of the viticultural
area described in this section is
‘‘Coombsville’’. For purposes of part 4 of
this chapter, ‘‘Coombsville’’ is a term of
viticultural significance.
(b) Approved maps. The two United
States Geological Survey 1:24,000 scale
topographic maps used to determine the
boundary of the Coombsville
viticultural area are titled:
(1) Mt. George Quadrangle, California,
1951, Photoinspected 1973; and
(2) Napa Quadrangle, California-Napa
Co., 1951, Photorevised 1980.
(c) Boundary. The Coombsville
viticultural area is located in Napa
County, California. The boundary of the
Coombsville viticultural area is as
described below:
(1) The beginning point is on the Mt.
George map at the 1,877-foot peak of Mt.
George, section 29, T6N/R3W. From the
beginning point, proceed southeast in a
straight line for 0.4 mile to the
intersection of the 1,400-foot elevation
line and an unnamed intermittent creek
that feeds northeast into Leonia Lakes,
section 29, T6N/R3W; then
(2) Proceed east-southeast in a straight
line for 0.45 mile to the intersection of
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the 1,380-foot elevation line and an
unnamed, unimproved dirt road and
then continue in the same straight line
to the section 29 east boundary line,
T6N/R3W; then
(3) Proceed south-southeast in a
straight line for 0.6 mile to the unnamed
1,804-foot elevation point in the
northwest quadrant of section 33, T6N/
R3W; then
(4) Proceed south-southwest in a
straight line for 1 mile, passing over the
marked 1,775-foot elevation point, to
the intersection of the T6N and T5N
common line and the 1,600-foot
elevation line; then
(5) Proceed south-southeast in a
straight line for 1.1 miles to the 1,480foot elevation point along the section 9
north boundary line, T5N/R3W; then
(6) Proceed south-southwest in a
straight line for 1.3 miles to the 1,351foot elevation point, section 16, T5N/
R3W; then
(7) Proceed south-southwest in a
straight line for 1.5 miles to the line’s
intersection with two unimproved dirt
roads and the 1,360-foot elevation line
in Kreuse Canyon at the headwaters of
the intermittent Kreuse Creek, northeast
of Sugarloaf, section 20, T5N/R3W; then
(8) Proceed northwest in a straight
line for 1.95 miles to the 90-degree turn
of Imola Avenue at the 136-foot
elevation point, section 13, T5N/R4W;
then
(9) Proceed west along Imola Avenue
for 2.1 miles, crossing from the Mt.
George map onto the Napa map, to
Imola Avenue’s intersection with the
Napa River at the Maxwell Bridge, T5N/
R4W; then
(10) Proceed north (upstream) along
the Napa River for 3.2 miles, crossing
over the T6N/T5N common line, to the
Napa River’s intersection with Milliken
Creek, T6N/R4W; then
(11) Proceed north (upstream) along
Milliken Creek for 0.75 mile to Milliken
Creek’s intersection with Monticello
Road, T6N/R4W; then
(12) Proceed northwest along
Monticello Road for 2.4 miles, crossing
from the Napa map onto the Mt. George
map, to Monticello Road’s intersection
with the section 19 west boundary line,
T6N/R3W; and then
(13) Proceed east-southeast in a
straight line for 1.4 miles to the
beginning point.
Signed: May 10, 2011.
John J. Manfreda,
Administrator.
[FR Doc. 2011–12822 Filed 5–23–11; 8:45 am]
BILLING CODE 4810–31–P
E:\FR\FM\24MYP1.SGM
24MYP1
]]>Agencies
[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Proposed Rules]
[Pages 30052-30059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12822]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2011-0006; Notice No. 119]
RIN 1513-AB81
Proposed Establishment of the Coombsville Viticultural Area
(2010R-009P)
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
establish the 11,075-acre ``Coombsville'' viticultural area in Napa
County, California. The proposed viticultural area lies within the Napa
Valley viticultural area and the multicounty North Coast viticultural
area. TTB designates viticultural areas to allow vintners to better
describe the origin of their wines and to allow consumers to better
identify wines they may purchase. TTB invites comments on this proposed
addition to the TTB regulations.
DATES: TTB must receive your comments on or before July 25, 2011.
ADDRESSES: Please send your 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-2011-0006 at
``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail. 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 TTB receives about this proposal at https://www.regulations.gov within Docket No. TTB-2011-0006. A link to that
docket is posted on the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 119. You also may view copies of this
notice, all related petitions, maps or other supporting materials, and
any comments TTB receives 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: Elisabeth C. Kann, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G St.,
NW., Room 200E, Washington, DC 20220; phone 202-453-2002.
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) sets
forth standards for the preparation and submission of petitions for the
establishment or modification of American viticultural areas and lists
the approved American 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 having distinguishing features as described in part 9 of
the regulations and a name and a delineated boundary as established in
part 9 of the regulations. These designations allow vintners and
consumers to attribute a given quality, reputation, or other
characteristic of a
[[Page 30053]]
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 9.12 of the TTB regulations prescribes
standards for petitions for the establishment or modification of
American viticultural areas. Such petitions must include the following:
Evidence that the area within the viticultural area
boundary is nationally or locally known by the viticultural area name
specified in the petition;
An explanation of the basis for defining the boundary of
the viticultural area;
A narrative description of the features of the
viticultural area that affect viticulture, such as climate, geology,
soils, physical features, and elevation, that make it distinctive and
distinguish it from adjacent areas outside the viticultural area
boundary;
A copy of the appropriate United States Geological Survey
(USGS) map(s) showing the location of the viticultural area, with the
boundary of the viticultural area clearly drawn thereon; and
A detailed narrative description of the viticultural area
boundary based on USGS map markings.
Coombsville Petition
TTB received a petition from Thomas Farella of Farella-Park
Vineyards and Bradford Kitson, on behalf of the vintners and grape
growers in the Coombsville region of Napa Valley, California, proposing
the establishment of the Coombsville viticultural area in Napa County,
California. The proposed viticultural area contains 11,075 acres, 1,360
acres of which are in 26 commercial vineyards, according to the
petition. The proposed viticultural area lies within the Napa Valley
viticultural area (27 CFR 9.23) and the larger, multicounty North Coast
viticultural area (27 CFR 9.30). The distinguishing features of the
proposed Coombsville viticultural area include geology, geography,
climate, and soils.
TTB notes that the proposed Coombsville viticultural area adjoins
or is located near four established viticultural areas: the Oak Knoll
District of Napa Valley viticultural area (27 CFR 9.161) to the
northwest and the Los Carneros viticultural area (27 CFR 9.32) to the
southwest share portions of their boundary lines with that of the
proposed Coombsville viticultural area, and the Wild Horse Valley
viticultural area (27 CFR 9.124) to the east and the Solano County
Green Valley viticultural area (27 CFR 9.44) to the southeast are close
to, but do not touch, the eastern boundary line of the proposed
Coombsville viticultural area.
The petition states that four bonded wineries use the
``Coombsville'' name on one or more of their wine labels: Bighorn
Cellars, Laird Family Estate, Farella-Park Vineyards, and Monticello
Cellars. All four wineries have advised TTB in writing that if the
Coombsville viticultural area is established, they will be able to
comply with the rule that, in the case of wine using the
``Coombsville'' name on the label as an appellation of origin, at least
85 percent of the wine must be produced from grapes grown within the
boundary of the Coombsville viticultural area.
Previous Proposed Rulemaking
Previously, a group of Napa Valley grape growers proposed the
establishment of the 11,200-acre ``Tulocay'' American viticultural area
in approximately the same area as the proposed Coombsville viticultural
area. Consequently, TTB published Notice No. 68 in the Federal Register
(71 FR 65432) on November 8, 2006, to propose the establishment of the
Tulocay viticultural area. However, based on comments received in
response to Notice No. 68, TTB published Notice No. 84 in the Federal
Register (73 FR 34902) on June 19, 2008, withdrawing Notice No. 68
because the evidence and other information available raised a
substantial question as to whether there was a sufficient basis to
conclude that the geographical area described in the petition was
locally or nationally known as ``Tulocay'' and because consumer
confusion could ensue if the term ``Tulocay,'' which for more than 30
years was identified with a particular winery, would suddenly be
attributed only to grapes grown from a geographical area.
However, TTB did not preclude consideration of the current petition
in Notice No. 84. In fact, TTB stated: ``* * * currently there is no
petition requesting the establishment of a viticultural area in the
subject area using a variation of Tulocay, such as Tulocay District, or
any other name, such as Coombsville or Coombsville District. It is
noted that these findings do not preclude future consideration of a
petition, supported by sufficient name evidence, proposing the
establishment of a viticultural area in the subject area using a name
other than `Tulocay.''' Notice No. 84 further noted that some comments
in response to Notice No. 68 expressed a preference for the name
``Coombsville'' for the proposed viticultural area rather than the
petitioned-for ``Tulocay'' name.
TTB further notes that the eastern portion of the boundary line for
the proposed Coombsville viticultural area differs from that of the
proposed Tulocay viticultural area boundary line in order to keep the
proposed Coombsville viticultural area within Napa County and the Napa
Valley viticultural area. This boundary change results in a 125-acre
reduction of the total area, from 11,200 acres for the previously
proposed Tulocay viticultural area to 11,075 acres for the currently
proposed Coombsville viticultural area.
Name Evidence for the Proposed Coombsville Viticultural Area
The petition states that ``Coombsville'' is the commonly used name
for an area that lies east of the City of Napa, California. In
addition, the area east of the City of Napa is designated as
``Coombsville'' on the Napa County Land Use Plan 2008-2030 map.
The petition states that, as early as 1914, an unincorporated area
of Napa County became commonly known as the ``Coombsville'' region
named for Nathan Coombs, a prominent community leader and founder of
the City of Napa. Mr. Coombs owned 2,525 acres of land on 3 parcels to
the east of the Napa River, in the area now called ``Coombsville''
(``Official Map of the County of Napa,'' California, 1876).
According to the petition, the original Coombsville Road, little
more than an unnamed path, existed more than 120 years ago (``Map of
Coombsville,'' survey map, W. A. Pierce, ``County Road from Napa to
Green Valley,'' 1883). Currently, Napa city and county road signs
identify Coombsville Road where the road intersects with Third Street
and the Silverado Trail. Coombsville Road is entirely within the
boundary line of the proposed Coombsville viticultural area (``Napa
Valley,'' map, California State Automobile Association, May 2004),
according to the petition.
The petition states that the Coombsville region has always had a
separate identity from the City of Napa. Early on, the City of Napa
grew in increments, eventually ``swallowing up
[[Page 30054]]
the easterly suburb of Coombsville'' (``Napa Valley Heyday,'' Richard
H. Dillon, The Book Club of California, 2004, page 119). The
Coombsville region was also recognized as a farming area (``Napa, The
Transformation of an American Town,'' Lauren Coodley and Paula Schmitt,
Arcadia Publishing, 2007, page 61), according to the petition.
The Coombsville region has become well known as an agricultural
area through Napa County newspaper reports, according to the petition.
For example, a newspaper report stated: ``A week ago, Patrick Sexton's
backyard in Coombsville was a riotous place, with a gobble-gobble here,
a gobble-gobble there, a gobble-gobble everywhere'' (``Napa High senior
raises great gobblers,'' The Napa Valley Register, Nov. 27, 2008). That
report further noted: ``Coombsville is still wild country. The birds
are fully protected from the raccoons, dogs and occasional mountain
lions'' (ibid.). Another report describes a downed power line that cut
off electricity to 2,200 Coombsville residential customers overnight
(``Lights out again in Coombsville area,'' op. cit., Sept. 3, 2008). A
third report describes a political district including Coombsville,
American Canyon, and part of [the City of] Napa (``Local ballot for
June takes shape,'' op. cit., March 12, 2008), according to the
petition.
The petition states that the Napa County real estate industry
recognizes the Coombsville region in its sale listings. Properties are
described as ``situated in the prestigious and desirable Coombsville
area,'' according to a realtor listing on July 7, 2009. A property
described as ``Coombsville Area at Its Best!'' sold for $600,000 in
2008, according to another realtor. The petition includes the following
description of a proposed new housing development in the region: ``The
project is off of Wyatt Road, on the frontier where the residences of
east Napa meet the open space and rural feel of Coombsville'' (``No
middle ground in Napa County,'' op. cit., Oct. 23, 2005). Fifty-five
acres in the region purchased for real estate development is described
in the petition as, ``* * * in the Coombsville area of Napa County,
scrub-covered slopes at the south end of the valley * * *'' (``The Far
Side of Eden--New Money, Old Land and the Battle for Napa Valley,''
James Conaway, Houghton Mifflin Company, 2002, page 50).
The petition explains that ``Coombsville'' has national name
recognition because of its renown as a wine region in Napa Valley. The
following reports appeared in a wine enthusiast publication: ``Putting
Coombsville on the map for Napa Cabernet'' (July 31, 2001), regarding a
vintner who believes he can make one of the top cabernets in the Napa
Valley region; ``Caldwell Vineyards'' (Nov. 15, 2002), regarding the
first time that John Caldwell produced wine from a 60-acre Coombsville
vineyard; ``Franciscan Buys Large Parcel of Napa Land'' (March 15,
1999), describing a 160-acre property in the Coombsville region; and
``James Laube Unfined--An Armchair Winery `Tour' with Philippe Melka''
(Aug. 10, 2007), detailing the acquisition of Coombsville-grown
cabernet grapes to produce wine.
The petition also states that the following reports on the
Coombsville region appeared on AppellationAmerica.com: The Coombsville
region is described as ``the hottest spot for grapes these days in the
Napa Valley'' and it is circled on a map of the Napa Valley in ``Why
Cool Coombsville is HOT'' (Oct. 8, 2008); and a 1995 acquisition of 20
acres of vineyards in the Coombsville region is detailed in ``The
Wonders of Mountain Terroir: Let Robert Craig Explain'' (Feb. 7, 2007).
Boundary Evidence
The petition states that the history of grape-growing in the
Coombsville region dates to 1870, when the Carbone family purchased a
large land parcel on Coombsville Road (``Napa Valley Heyday,'' Richard
H. Dillon, The Book Club of California, 2004, page 100). Around 1880,
Antonio Carbone opened a winery (ibid.). The historic winery still
exists and is now used as a private residence, the petition explains.
The petition further states that modern vineyard plantings include:
Farella-Park Vineyards; Stag's Leap Wine Cellars' Arcadia Vineyards;
Far Niente Winery's Barrow Lane, Carpenter, and John's Creek Vineyards;
Berlenbach Vineyards; and Richard Perry Vineyards.
An aerial photograph of the Coombsville region, included in the
petition, is described as ``a view of the `cup-and-saucer' area of
Coombsville, east of the city of Napa'' (``The Winemaker's Dance--
Exploring Terroir in the Napa Valley,'' Jonathan Swinchatt and David G.
Howell, University of California Press, 2004, page 59, figure 34).
According to USGS maps submitted with the petition, the proposed
Coombsville viticultural area is nestled in the southeastern region of
the Napa Valley viticultural area, between the eastern shores of both
the Napa River and Milliken Creek and the western ridgeline of the Vaca
Range at the Solano County line. The west-facing, horseshoe-shaped
southern tip of the Vaca Range encircles much of the proposed
Coombsville viticultural area and defines parts of the northern,
eastern, and southern portions of the boundary line, according to the
petition, boundary description, and USGS maps.
According to the boundary description in the petition, the eastern
portion of the boundary line of the proposed Coombsville viticultural
area incorporates straight lines between western peaks of the Vaca
Range. The eastern portion of the boundary line corresponds in part to,
but does not overlap, the western portions of the boundary lines of the
Wild Horse Valley and Solano County Green Valley viticultural areas and
stays within Napa County, according to the boundary description in the
petition.
As detailed in the boundary description in the petition, the
southern portion of the boundary line of the proposed Coombsville
viticultural area follows a straight southeast-to-northwest line from a
map point in Kreuse Canyon to Imola Avenue, and then continues west on
Imola Avenue to the Napa River.
According to the petition, and as visible on the USGS maps, an
east-west transverse ridge that climatically protects the Coombsville
region from the full impact of the marine influence of the San Pablo
Bay lies beyond the proposed southern portion of the boundary line.
Commonly known as ``Suscol,'' ``Soscol,'' or ``Soscol Ridge,'' the
ridge separates the Coombsville region from large portions of the Napa
Valley flood plain's differing soils and broad slough topography. The
petition states that the complex terrain of the ridge was difficult to
use as a precise and reasonable southern portion of the boundary line
for the proposed Coombsville viticultural area petition. Hence, a
straight line between two map points and a portion of Imola Avenue was
used to define the southern limits of the proposed Coombsville
viticultural area. TTB believes that the straight line and Imola Avenue
are a reasonable alternative for the proposed southern portion of the
boundary line.
According to the boundary description and the USGS Napa Quadrangle
map, the western portion of the boundary line of the proposed
Coombsville viticultural area relies on portions of the Napa River and
Milliken Creek to connect Imola Avenue to the south with Monticello
Road to the north. TTB notes that the southwest corner of the proposed
viticultural area, at the intersection of Imola Avenue and the Napa
River, touches but does not
[[Page 30055]]
overlap the eastern portion of the boundary line of the Los Carneros
viticultural area.
According to the boundary description, the northern portion of the
boundary line of the proposed Coombsville viticultural area uses
Monticello Road and a straight line from the road's intersection with
the 400-foot contour line eastward to the peak of Mt. George. Much of
the length of the proposed northern portion of the boundary line
follows a ridge line from the Vaca Range along Milliken Creek,
according to the USGS maps submitted with the petition. TTB notes that
the northwest corner of the proposed viticultural area, at the
intersection of Milliken Creek and Monticello Road, touches but does
not overlap the southeast corner of the Oak Knoll District of Napa
Valley viticultural area.
Distinguishing Features
Geology
Citing a report entitled ``The Geologic Origin of the Coombsville
Area,'' which is an exhibit to the petition, the petition describes the
ancient volcanic and crustal uplift events in the geologic history of
the Coombsville region (``The Geologic Origin of the Coombsville
Area,'' EarthVision, Inc., May 2009). According to the petition and the
above report, the initial geological event was the eruption and
collapse of a volcano that was part of the Napa Valley-Sonoma volcanic
series. This process created structural underpinnings for the curved
architecture that characterizes the cup-and-saucer topography within
the Coombsville region. The eastern part of the Coombsville area is
bowl-shaped, reflecting the geologic structure from a caldera landform
(ibid.), according to the petition.
The petition states that the next important geologic process began
when crustal forces started to uplift and wrinkle the earth crust in
the Vaca Range. The uplift progressed from east to west through the
Vaca Range. The latest expression of the westward advancing crustal
compression is the down-dropped region of Napa Valley and the
complementary up-thrown Mayacmas Mountains west of Napa Valley (ibid.).
According to the above report, when the crustal uplift passed
through the Coombsville region, the western front of the collapsed
caldera slid westward as a large landslide into the valley below
(ibid.). The ancient Napa River removed most of the Coombsville
landslide debris from the Napa Valley (ibid.).
The petition states that the earth surface materials that cover the
proposed Coombsville viticultural area originated in a variety of ways.
A thin coat of residual debris on volcanic bedrock covers the hills.
Within the collapsed volcanic region, alluvial gravels of the Huichica
Formation occur in the northern part and diatomaceous lake deposits
occur along the northeast edge of the Coombsville bowl landform. The
remainder of the surface material is a variety of alluvial deposits
laid down since the ancient volcanic collapse (ibid.).
The petition did not include data on the geology of the surrounding
areas.
Geography
As shown in the aerial photograph submitted with the petition, a
horseshoe-shaped, elevated landform, part of the Vaca Range, is the
most notable geographical characteristic of the proposed Coombsville
viticultural area (``The Winemaker's Dance--Exploring Terroir in the
Napa Valley''). The west-facing horseshoe comprises a ring of volcanic
mountains, according to the petition.
The petition states that gentle slopes and rolling terrain extend
westward from the Vaca Range and the opening of the horseshoe to the
Napa River and Milliken Creek, and that most viticultural activity
occurs within this area.
As shown in the aerial photograph referred to above, the elevated
cup-and-saucer landform lies partially within the curvature of the
horseshoe on the western side of the proposed viticultural area. A
small flood plain lies along the proposed western portion of the
boundary line near the Napa River and Milliken Creek, the petition
explains.
The petition states that the Milliken-Sarco-Tulocay watershed,
named after the three main creeks in the region, lies within the
proposed Coombsville viticultural area. The cup-and-saucer landform
presents a drainage obstacle, making Sarco Creek detour to the north
and Tulocay Creek flow to the south. Eventually, all drainage flows to
the southwest and joins with the south-flowing Napa River, the petition
explains.
According to USGS maps, elevations within the proposed Coombsville
viticultural area vary from about 10 feet along Milliken Creek and the
Napa River shoreline to 1,877 feet at the peak of Mt. George, at the
northeast corner of the proposed Coombsville viticultural area along
the western ridge of the Vaca Range. The outer landforms vary from
approximately 500 to 1,200 feet in elevation, some having steep
terrain. The inner landforms exceed 400 feet in elevation in some
areas, and the surrounding gentle slopes and rolling terrain to the
north, west, and south, between the inner and outer landforms, varies
from approximately 100 to 200 feet in elevation. The flood plain along
the western boundary line varies in elevation from 10 to 20 feet along
Milliken Creek and the Napa River, according to USGS maps.
According to the petition, the combination of unique landforms and
large elevation differences gives the proposed Coombsville viticultural
area a fog-protected partial basin with high surrounding ridges. The
aerial photograph submitted with the petition shows Coombsville as an
isolated niche within the larger, more open terrain of the Napa Valley
viticultural area. Also, the USGS maps indicate that the Vaca Range to
the east provides a natural geographical boundary for the proposed
viticultural area.
According to the USGS maps and the petition, the regions
surrounding the proposed Coombsville viticultural area have different
geographies. To the northwest of the proposed viticultural area lies
the Oak Knoll District of Napa Valley viticultural area, which can be
distinguished from the proposed Coombsville viticultural area by its
low valley floor elevations and the dry creek alluvial fan. To the west
lies the City of Napa. To the southwest lies the Los Carneros
viticultural area, which can be distinguished from the proposed
viticultural area by its low rolling hills, flatlands, and mountainous
terrain. To the southeast lies the Solano County Green Valley
viticultural area; it can be distinguished from the proposed
Coombsville viticultural area by more rugged terrain. To the east lies
the Wild Horse Valley viticultural area, which can be distinguished
from the proposed viticultural area by its isolated valley and the
surrounding steep, rugged terrain and high elevations. To the northeast
are the Vaca Mountains, which can be distinguished from the proposed
viticultural area by their rugged terrain.
Climate
The petition states that the proposed viticultural area has
climatically unique features, including precipitation and heat
summation. The petition provides statistical information on the
microclimates of the adjacent Los Carneros and Oak Knoll District of
Napa Valley viticultural areas, which are both within the larger Napa
Valley viticultural area (``The Micro-Climate of the Coombsville
Viticultural Area,'' Erik Moldstad, Sept. 28, 2009). According to the
petitioner, the isolated Wild Horse Valley and Solano County Green
Valley
[[Page 30056]]
viticultural areas, to the immediate east of the proposed Coombsville
viticultural area, lack available weather station data. In considering
this petition, TTB obtained historic weather station data for
surrounding north, east, south, and west regions within 15 miles or
less of the proposed Coombsville viticultural area (Lake Berryessa,
Fairfield, Napa State Hospital, and the City of Napa, respectively)
from the Western Region Climate Center (WRCC) Web site, created in
partnership with the National Climatic Data Center, Regional Climate
Centers, and State Climate Offices.
The table below presents average annual precipitation amounts and
heat summation range totals for the Coombsville region, the Los
Carneros and Oak Knoll District of Napa Valley viticultural areas, and
the surrounding north, east, south, and west weather station areas. The
table data is based primarily on petition documentation and also TTB's
WRCC Web site data research.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oak Knoll
Los Carneros District of
Climatic averages for Coombsville region and Coombsville viticultural Napa Valley Lake Fairfield Napa State City of Napa
surrounding areas region area viticultural Berryessa (east) Hospital (west)
(southwest) area (north) (south)
(northwest)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Years................................................. 2006-2008 2006-2008 2006-2008 1957-1970 1950-2009 1893-2009 1903-1965
--------------------------------------------------------------------------------------------------------------------------------------------------------
Precipitation in inches--annual average............... 19.14 17.32 21.63 24.44 22.77 24.61 24.02
--------------------------------------------------------------------------------------------------------------------------------------------------------
Years................................................. 1974-2007 1974-2007 1974-2007 1974-2007 1950-2009 1893-2009 1903-1965
--------------------------------------------------------------------------------------------------------------------------------------------------------
Heat summation units--annual average.................. 2,550 2,435 2,888 2,611 2,667 2,794 3,233
--------------------------------------------------------------------------------------------------------------------------------------------------------
The table shows that precipitation in the proposed Coombsville
viticultural area averages 19.14 inches annually, and varies
significantly from the surrounding viticultural microclimates. The
Coombsville region is warmer and wetter than the Los Carneros
viticultural area to the southwest and cooler and drier than the Oak
Knoll District of Napa Valley viticultural area to the northwest,
according to Michael Wolf, owner of Michael Wolf Vineyard Services. To
the northwest, the Oak Knoll District of Napa Valley viticultural area
averages 2.5 inches more annual rainfall, or 113 percent of the
Coombsville regional average. To the southwest, the Los Carneros
viticultural area has about 2 inches less rainfall annually, or about
90 percent of the Coombsville regional average. The data in the table
indicates that the proposed Coombsville viticultural area averages 3.63
to 5.47 inches less precipitation annually than the four surrounding
areas for which weather station data was obtained by TTB.
The growing season in the proposed Coombsville viticultural area is
measured in the Winkler climate classification system (``General
Viticulture,'' Albert J. Winkler, University of California Press, 1974,
pages 61-64). In the Winkler system, heat accumulation per year defines
climatic regions. As a measurement of heat accumulation during the
growing season, 1 degree day accumulates for each degree Fahrenheit
that a day's mean temperature is above 50 degrees, which is the minimum
temperature required for grapevine growth. Climatic region I has less
than 2,500 growing degree days (GDD) per year; region II, 2,501 to
3,000; region III, 3,001 to 3,500; region IV, 3,501 to 4,000; and
region V, 4,001 or more (ibid.).
According to the table, the Coombsville region is a low Winkler
region II (2,550 GDD units), which is cooler by 61 to 683 degree units
than the four surrounding areas from which weather station data was
obtained by TTB. The coolest of the four areas is Lake Berryessa to the
north at 2,611 GDD units (region II), and the warmest is the City of
Napa to the west at 3,233 GDD units (region III). Also, the adjacent
Oak Knoll District of Napa Valley viticultural area is significantly
warmer at 2,888 GDD units, a high Winkler region II. The adjacent Los
Carneros viticultural area is Winkler region I at 2,435 GDD units.
The petition states that significant viticultural factors for the
Coombsville region growing season include the amount of solar radiation
and daytime heating. The solar radiation and heating are affected by
the dissipation rate of morning fog, followed by the number of hours of
sunshine, and then the onset of afternoon cooling bay breezes from San
Pablo Bay, the petition explains.
The petition states that the effects of the presence and
disappearance of fog from the Napa Valley region in the day alters the
temperature rise in the grape-growing season. Temperature and sunlight
have subtle effects on grape development that, over the growing season,
profoundly affect grape ripening times and flavors. The pace of sugar
accumulation and the pace of the lessening of acidity during grape
ripening are two examples of how the fog affects grape development. The
petition notes that grape growers in the cooler Los Carneros
viticultural area, to the south and closer to the foggy bay, harvest
grapes with similar sugar and acidity levels for the same varietal as
in the Coombsville region, but do so later in the growing season. Also,
to the north of the Coombsville region, in the warmer and less foggy
Oak Knoll District of Napa Valley viticultural area, the same varietals
with similar sugar and acid levels are harvested earlier than in the
Coombsville and Los Carneros areas, according to the petition.
The petition explains that the Coombsville region has more solar
radiation and daytime heat than the Los Carneros viticultural area to
the southwest and less than the Oak Knoll District of Napa Valley
viticultural area to the northwest. The morning fog generally
dissipates about 1 to 2 hours earlier in the Coombsville region than in
the Los Carneros viticultural area to the southwest, and an hour later
than in the Oak Knoll District of Napa Valley viticultural area to the
northwest. Also, in the afternoon, the bay breezes first cool the Los
Carneros viticultural area, then spread slowly northward through the
Coombsville region into the Oak Knoll District of Napa Valley
viticultural area, and eventually continue northward up the Napa
Valley, the petition states.
According to the petition, as the San Pablo Bay afternoon breezes
reach northward to each micro-climate in the
[[Page 30057]]
Napa Valley region, the air temperature incrementally stops rising, or
slightly decreases. Cool breezes create the differences in maximum
growing temperatures for the south-to-north locations of the Los
Carneros viticultural area, the Coombsville region, Oak Knoll District
of Napa Valley viticultural area, and other Napa Valley viticultural
areas, the petition explains.
Soils
The petition explains that the soils of the proposed Coombsville
viticultural area are generally well drained and of volcanic origin.
Upland soils are weathered from their primary volcanic source, while
lowland soils are alluvial in nature (``A Custom Soil Resource Report
for Napa County, California--Coombsville Soils,'' Natural Resources
Conservation Service, United States Department of Agriculture, https://websoilsurvey.nrcs.usda.gov/, May 27, 2009). The petitioner provided
the following table, which shows the percentages of the predominant
soils in the proposed Coombsville viticultural area as compared to
surrounding regions, based on information contained in this report.
----------------------------------------------------------------------------------------------------------------
Oak Knoll
District of Los Carneros Wild Horse West Side Napa
Viticultural area Coombsville Napa Valley (SW) Valley (E) River (W)
(NW)
----------------------------------------------------------------------------------------------------------------
Predominant soil series Percent Percent Percent Percent Percent
----------------------------------------------------------------------------------------------------------------
Hambright-Rock outcrop....... 28.5 0.6 0.2 15.5 0
Coombs....................... 24.1 5.6 0 1.7 5.0
Sobrante..................... 15.5 1.1 0 16.0 0
Forward...................... 7.4 0.7 7.9 0 0.4
Haire........................ 4.5 23.0 43.0 0 10.8
Cole......................... 2.6 23.1 10.9 0 47.3
----------------------------------------------------------------------------------------------------------------
The Hambright-Rock outcrop complex makes up 28.5 percent of the
Coombsville area, as shown on the above table and is found in lesser
concentrations to the north, east, and south. The complex is found in
the Vaca Range and makes up most of the cup-and-saucer landform soils
(ibid.).
Coombs gravelly and stony loams represent 24.1 percent of the soils
in the Coombsville area, and are found in lesser concentrations to the
north, east, and west, as shown on the above table. In addition, those
soils are the main types appropriate for grape growing in the
Coombsville region. They are alluvial, well drained soils at elevations
of 50 to 500 feet. The Coombs soils are ``relatively unique to the
area,'' and they were likely first identified in the Coombsville area,
according to the petition. Coombs soils make up only 1.7 percent of the
soils in Napa County, but they account for almost a quarter of the
Coombsville region soils (ibid.).
As shown on the table, Sobrante soils make up 15.5 percent of the
Coombsville region, 16 percent to the east in Wild Horse Valley, and a
much lesser concentration to the northwest. These soils are well
drained and are at elevations of 120 feet and higher. In addition, some
Sobrante soils are used for viticulture in the southeast corner of the
proposed Coombsville viticultural area (ibid.).
As shown on the table, soils found in lesser concentrations in the
proposed Coombsville viticultural area include Haire and Cole, which
have higher concentrations in three of the surrounding areas.
The Proposed Coombsville Viticultural Area Compared to the North Coast
and Napa Valley Viticultural Areas
North Coast Viticultural Area
The North Coast viticultural area was established by T.D. ATF-145,
which was published in the Federal Register (48 FR 42973) on September
21, 1983. It includes all or portions of Napa, Sonoma, Mendocino,
Solano, Lake, and Marin Counties, California. TTB notes that the North
Coast viticultural area contains all or portions of approximately 40
established viticultural areas, in addition to the area covered by the
proposed Coombsville viticultural area. In the conclusion of the
``Geographical Features'' section of the preamble, T.D. ATF-145 states
that ``[d]ue to the enormous size of the North Coast, variations exist
in climatic features such as temperature, rainfall, and fog
intrusion.''
The proposed Coombsville viticultural area shares the basic
viticultural feature of the North Coast viticultural area: the marine
influence that moderates growing season temperatures in the area.
However, the proposed viticultural area is much more uniform in its
geography, geology, climate, and soils than the diverse multicounty
North Coast viticultural area. In this regard, TTB notes that T.D. ATF-
145 specifically states that ``approval of this viticultural area does
not preclude approval of additional areas, either wholly contained with
the North Coast, or partially overlapping the North Coast,'' and that
``smaller viticultural areas tend to be more uniform in their
geographical and climatic characteristics, while very large areas such
as the North Coast tend to exhibit generally similar characteristics,
in this case the influence of maritime air off of the Pacific Ocean and
San Pablo Bay.'' Thus, the proposal to establish the Coombsville
viticultural area is not inconsistent with what was envisaged when the
North Coast viticultural area was established.
Napa Valley Viticultural Area
The Napa Valley viticultural area was established by T.D. ATF-79,
which was published in the Federal Register (46 FR 9061) on January 28,
1981, includes most of Napa County, California. TTB notes that the Napa
Valley viticultural area encompasses 14 existing smaller viticultural
areas, in addition to the area covered by the proposed Coombsville
viticultural area. The Napa Valley viticultural area encompasses ``all
the areas traditionally known as `Napa Valley' which possess generally
similar viticulture characteristics different from those of the
surrounding areas,'' according to T.D. ATF-79.
The Coombsville petition states that a Mediterranean climate of
warm, dry summers and cool, moist winters dominate the Napa Valley
region. Air temperatures in the valley increase from south to north
based on the dissipation of the marine fog and cooling winds from the
San Pablo Bay to the south. Precipitation amounts are greater at the
north end of the valley, at higher elevations, and in the Mayacmas
Mountains on the west side of the valley. Sun exposure is greater on
the east side of Napa Valley along the southwest face of the Vaca
Range,
[[Page 30058]]
including the Coombsville region, as compared to the western valley
foothills of the Mayacmas Mountains, according to the petition.
According to T.D. ATF-79, the Napa Valley viticultural area
contains varieties of both Coombs and Sobrante soils, which are
prominent in the Coombsville region. It also includes other soil types,
including Bale, Cole, Yolo, Reyes, and Clear Lake, T.D. ATF-79 states.
The latter soil types are not prominent or are not present in the
proposed Coombsville viticultural area, according to the petition.
Thus, while the characteristics of the proposed Coombsville
viticultural area are generally similar to those of the Napa Valley
viticultural area, there are some distinguishing characteristics that
may warrant its separate designation as a viticultural area.
TTB Determination
TTB concludes that the petition to establish the 11,075-acre
Coombsville American viticultural area merits consideration and public
comment, as invited in this notice.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required maps, and TTB lists them below
in the proposed regulatory text.
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 TTB establishes this proposed viticultural area,
its name, ``Coombsville,'' will be recognized as a name of viticultural
significance under 27 CFR 4.39(i)(3). The text of the new regulation
clarifies this point. Consequently, wine bottlers using ``Coombsville''
in a brand name, including a trademark, or in another label reference
as to the origin of the wine, will have to ensure that the product is
eligible to use the viticultural area's name as an appellation of
origin.
For a wine to be labeled with a viticultural area name or with a
brand name that includes a viticultural area name or other term
identified as 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 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.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether the Bureau should establish the proposed viticultural area. TTB
also is interested in receiving comments on the sufficiency and
accuracy of the name, boundary, climate, soils, and other required
information submitted in support of the petition. In addition, given
the proposed Coombsville viticultural area's location within the
existing Napa Valley and North Coast viticultural areas, TTB is also
interested in comments on whether the evidence submitted in the
petition regarding the distinguishing features of the proposed
viticultural area sufficiently differentiates the proposed viticultural
area from those existing viticultural areas. TTB is also interested in
comments regarding whether the geographic features of the proposed
viticultural area are so distinguishable from the surrounding Napa
Valley and North Coast viticultural areas that the proposed Coombsville
viticultural area should no longer be part of those viticultural areas.
Please provide any available specific information in support of your
comments.
Because of the potential impact of the establishment of the
proposed Coombsville viticultural area on wine labels that include the
words ``Coombsville,'' as discussed above under ``Impact on Current
Wine Labels,'' TTB is particularly interested in comments regarding
whether there will be a conflict between the proposed area name and
currently used brand names. As noted above, four bottling wineries that
currently use the ``Coombsville'' name on one or more of their wine
labels have provided written assurance to TTB that, should the
Coombsville viticultural area be approved, these label holders will
comply with the regulatory requirement that at least 85 percent of any
wine with ``Coombsville'' on the label is derived from grapes grown
within the Coombsville viticultural area.
If a commenter believes that a conflict will arise, the comment
should describe the nature of that conflict, including any anticipated
negative economic impact that approval of the proposed viticultural
area will have on an existing viticultural enterprise. TTB is also
interested in receiving suggestions for ways to avoid conflicts, for
example by adopting a modified or different name for 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 within Docket No. TTB-2011-
0006 on ``Regulations.gov,'' the Federal e-rulemaking portal, at https://www.regulations.gov. A direct link to that docket is available under
Notice No. 119 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 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. 119 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. TTB does not acknowledge receipt of comments, and TTB
considers 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
[[Page 30059]]
Regulations.gov, please enter the entity's name in the ``Organization''
blank of the online comment form. If you comment via postal 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, TTB will post,
and you may view, copies of this notice, selected supporting materials,
and any electronic or mailed comments TTB receives 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. 119.
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 email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You also may view copies of this notice, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments TTB receives 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
TTB's 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
TTB certifies that this proposed regulation, 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
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, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, 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. Subpart C is amended by adding Sec. 9.---- to read as follows:
Sec. 9 Coombsville.
(a) Name. The name of the viticultural area described in this
section is ``Coombsville''. For purposes of part 4 of this chapter,
``Coombsville'' is a term of viticultural significance.
(b) Approved maps. The two United States Geological Survey 1:24,000
scale topographic maps used to determine the boundary of the
Coombsville viticultural area are titled:
(1) Mt. George Quadrangle, California, 1951, Photoinspected 1973;
and
(2) Napa Quadrangle, California-Napa Co., 1951, Photorevised 1980.
(c) Boundary. The Coombsville viticultural area is located in Napa
County, California. The boundary of the Coombsville viticultural area
is as described below:
(1) The beginning point is on the Mt. George map at the 1,877-foot
peak of Mt. George, section 29, T6N/R3W. From the beginning point,
proceed southeast in a straight line for 0.4 mile to the intersection
of the 1,400-foot elevation line and an unnamed intermittent creek that
feeds northeast into Leonia Lakes, section 29, T6N/R3W; then
(2) Proceed east-southeast in a straight line for 0.45 mile to the
intersection of the 1,380-foot elevation line and an unnamed,
unimproved dirt road and then continue in the same straight line to the
section 29 east boundary line, T6N/R3W; then
(3) Proceed south-southeast in a straight line for 0.6 mile to the
unnamed 1,804-foot elevation point in the northwest quadrant of section
33, T6N/R3W; then
(4) Proceed south-southwest in a straight line for 1 mile, passing
over the marked 1,775-foot elevation point, to the intersection of the
T6N and T5N common line and the 1,600-foot elevation line; then
(5) Proceed south-southeast in a straight line for 1.1 miles to the
1,480-foot elevation point along the section 9 north boundary line,
T5N/R3W; then
(6) Proceed south-southwest in a straight line for 1.3 miles to the
1,351-foot elevation point, section 16, T5N/R3W; then
(7) Proceed south-southwest in a straight line for 1.5 miles to the
line's intersection with two unimproved dirt roads and the 1,360-foot
elevation line in Kreuse Canyon at the headwaters of the intermittent
Kreuse Creek, northeast of Sugarloaf, section 20, T5N/R3W; then
(8) Proceed northwest in a straight line for 1.95 miles to the 90-
degree turn of Imola Avenue at the 136-foot elevation point, section
13, T5N/R4W; then
(9) Proceed west along Imola Avenue for 2.1 miles, crossing from
the Mt. George map onto the Napa map, to Imola Avenue's intersection
with the Napa River at the Maxwell Bridge, T5N/R4W; then
(10) Proceed north (upstream) along the Napa River for 3.2 miles,
crossing over the T6N/T5N common line, to the Napa River's intersection
with Milliken Creek, T6N/R4W; then
(11) Proceed north (upstream) along Milliken Creek for 0.75 mile to
Milliken Creek's intersection with Monticello Road, T6N/R4W; then
(12) Proceed northwest along Monticello Road for 2.4 miles,
crossing from the Napa map onto the Mt. George map, to Monticello
Road's intersection with the section 19 west boundary line, T6N/R3W;
and then
(13) Proceed east-southeast in a straight line for 1.4 miles to the
beginning point.
Signed: May 10, 2011.
John J. Manfreda,
Administrator.
[FR Doc. 2011-12822 Filed 5-23-11; 8:45 am]
BILLING CODE 4810-31-P
