Establishment of the Antelope Valley of the California High Desert Viticultural Area, 30002-30008 [2011-12823]

Agencies

• Alcohol and Tobacco Tax and Trade Bureau
• DEPARTMENT OF THE TREASURY

[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 30002-30008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12823]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2010-0005; T.D. TTB-93; Ref: Notice No. 108]
RIN 1513-AB55


Establishment of the Antelope Valley of the California High 
Desert Viticultural Area

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Final rule; Treasury decision.

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SUMMARY: This Treasury decision establishes the 665-square mile 
``Antelope Valley of the California High Desert'' American viticultural 
area in Los Angeles and Kern Counties, California. The Alcohol and 
Tobacco Tax and Trade Bureau 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.

DATES: Effective Date: June 23, 2011.

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 requires that these regulations, among other 
things, prohibit consumer deception and the use of misleading 
statements on labels, and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the 
regulations promulgated under the FAA Act.
    Part 4 of the TTB regulations (27 CFR part 4) allows the 
establishment of definitive viticultural areas and the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains 
the list of approved viticultural areas.

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines

[[Page 30003]]

a viticultural area for American wine as a delimited grape-growing 
region distinguishable by geographical features, the boundaries of 
which have been recognized and defined in part 9 of the regulations. 
These designations allow vintners and consumers to attribute a given 
quality, reputation, or other characteristic of a wine made from grapes 
grown in an area to its geographic origin. The establishment of 
viticultural areas allows vintners to describe more accurately the 
origin of their wines to consumers and helps consumers to identify 
wines they may purchase. Establishment of a viticultural area is 
neither an approval nor an endorsement by TTB of the wine produced in 
that area.

Requirements

    Section 4.25(e)(2) of the TTB regulations outlines the procedure 
for proposing an American viticultural area and provides that any 
interested party may petition TTB to establish a grape-growing region 
as a viticultural area. Section 9.3(b) of the TTB regulations requires 
the petition to include--
     Evidence that the proposed viticultural area is locally 
and/or nationally known by the name specified in the petition;
     Historical or current evidence that supports setting the 
boundary of the proposed viticultural area as the petition specifies;
     Evidence relating to the geographic features, such as 
climate, soils, elevation, and physical features, that distinguish the 
proposed viticultural area from surrounding areas;
     A description of the specific boundary of the proposed 
viticultural area, based on features found on United States Geological 
Survey (USGS) maps; and
     A copy of the appropriate USGS map(s) with the proposed 
viticultural area's boundary prominently marked.

Antelope Valley of the California High Desert Petition

    Mr. Ralph Jens Carter, on behalf of the Antelope Valley Winegrowers 
Association, submitted a petition proposing to establish the Antelope 
Valley of the California High Desert viticultural area. The proposed 
viticultural area covers 665 square miles, and lies in inland southern 
California, approximately 50 miles north of the Los Angeles 
metropolitan area. TTB notes that the proposed viticultural area is not 
within, does not contain, and does not overlap any existing or 
currently proposed viticultural area. In 2007, the proposed 
viticultural area included 128 planted acres in 16 commercial 
vineyards, and 2 bonded wineries, according to a listing in the 
petition exhibits.
    The distinguishing features of the proposed Antelope Valley of the 
California High Desert viticultural area are climate, geology, 
geography, and soils, according to the petition. The Antelope Valley is 
surrounded by mountains on three sides and by a desert on the other 
side; it has an arid climate, desert soils, and a valley geomorphology. 
The evidence submitted in support of establishing the proposed 
viticultural area is summarized below.

History of Agriculture and Viticulture in the Antelope Valley

    For an estimated 11,000 years, various cultures have populated the 
Antelope Valley region, according to the petitioner. Native American 
tribes, traveling north from what is now Arizona and New Mexico, used 
the valley as a trade route.
    In the 1880s and early 1890s, Antelope Valley had ample rainfall 
and available surface water for farming. When settlers needed 
irrigation for farming, they initially used water from mountain 
streams, but eventually they dug wells into underground water 
reservoirs.
    The petition states that early viticulture in the Antelope Valley 
area consisted of two growers in Lancaster (``Directory of the Grape 
Growers and Winemakers in California,'' Compiled by Clarence J. 
Wetmore, Secretary of the Board of State Viticulture Commissioners, 
1888). By 1893, viticulture in the area grew to 239 acres of vines, 6.5 
acres of wine grapes, and 8 growers (``Vineyards of Southern 
California,'' E.C. Bichowsky, California Board of State Viticultural 
Commissioners, 1893).
    A drought in 1894 and Prohibition (1919-1933) ended viticulture in 
Antelope Valley, according to the petition. However, in the early 20th 
century, water supplies for general farming in the valley became 
dependable as gasoline engines and electric pumps came into use. In 
1913, the Los Angeles Aqueduct, extending from Owens Valley in 
southeastern California to Los Angeles, was built. Bordering the north 
side of Antelope Valley, the Los Angeles Aqueduct also helped revive 
the agricultural economy in the valley. Viticulture restarted in 1981, 
when Steve Godde planted 5 acres to grapevines on the west side of the 
valley.

Name Evidence

    The name ``Antelope Valley of the California High Desert'' combines 
the name recognition of the valley and the California high desert area 
into a single geographic descriptor, according to the petitioner. The 
modifier ``California High Desert'' distinguishes the proposed 
viticultural area from other places in California and elsewhere also 
called ``Antelope Valley;'' ``California High Desert'' is commonly used 
by area inhabitants to distinguish and identify the Antelope Valley 
located in the high desert in southeastern California. According to the 
Geographic Names Information System (GNIS) maintained by the USGS, the 
``Antelope Valley'' name identifies 35 geographical locations in 10 
States, including 9 locations in California.
    The petition contains several documents and citations that refer to 
the ``Antelope Valley'' in Los Angeles and Kern Counties, as follows: 
The USGS 1974 photorevised Little Buttes Quadrangle map; the 1977 
Geologic Map of California, compiled by Charles W. Jennings; the 2005 
DeLorme Southern and Central California Atlas and Gazetteer; the 
California Air Resources Board Web site; and the 2001 edition 
California State Automobile Association (CSAA) Coast and Valley map. 
The petition also includes excerpts of the 2006 Antelope Valley AT&T 
telephone directory listing more than 80 entities--businesses, 
churches, and health care providers, a college, a high school district, 
and a chamber of commerce--with ``Antelope Valley'' in their names.
    References to the ``High Desert'' in the proposed viticultural area 
name include an excerpt from the 2006 Antelope Valley AT&T telephone 
directory. The telephone directory lists 25 entities in the subject 
Antelope Valley area--businesses, health care providers, a school, a 
church, and a hospital--with ``High Desert'' in their names.
    Also of relevance, Antelope Valley is described as ``Medium to high 
desert of California and southern Nevada'' in the ``Sunset Western 
Garden Book'' (Kathleen Norris Brenzel, editor, eighth edition, January 
2007, Sunset Publishing Corporation, Menlo Park, California), which is 
discussed in more detail below.

Boundary Evidence

    The Antelope Valley region is a wedge-shaped portion of the western 
Mojave Desert, according the petitioner. The north and west sides of 
the wedge border the Tehachapi Mountains; the south side of the wedge 
borders the San

[[Page 30004]]

Gabriel Mountains, the Sierra Pelona Mountains, and Portal Ridge. The 
east side is an open continuation of the Mojave Desert.
    The boundary line for the proposed Antelope Valley of the 
California High Desert viticultural area defines an area in the greater 
Antelope Valley region. The area within the proposed viticultural area 
boundary line has similar climate, geology, geography, and soils. These 
geographical features are distinct from the geographical features in 
the areas outside the boundary of the proposed viticultural area.
    The proposed northern portion of the boundary line is defined by a 
portion of the Los Angeles Aqueduct, roads, elevation lines, a trail, 
the southwest perimeter of the Edwards Air Force Base (AFB), and a 
series of stairstep section lines on the USGS map. The proposed eastern 
portion of the boundary line is defined by a section line. The proposed 
southern portion of the boundary line is defined by elevation lines and 
a portion of the California Aqueduct system, which runs along the 
foothills of the surrounding mountains. The proposed western portion of 
the boundary line is defined by a portion of the Los Angeles Aqueduct. 
No part of Edwards AFB lies within the proposed viticultural area.

Distinguishing Features

    The distinguishing features of the proposed Antelope Valley of the 
California High Desert viticultural area include climate, geology, 
geography, and soils, according to the petition.
Climate
    The petition states that, in most years, summers in the Antelope 
Valley are hot and dry, and winters are relatively cold (Soil Survey of 
the Antelope Valley Area, California, 1970, U.S. Department of 
Agriculture, Soil Conservation Service, in cooperation with the 
University of California Agricultural Experiment Station). Annual 
precipitation in the valley ranges from 4 to 9 inches, with little or 
no snow. The growing season is 240 to 260 days long. The table below 
summarizes the climate data presented in the petition for the Antelope 
Valley and the surrounding areas. The data are discussed in the text 
below.

    Annual Precipitation, Growing Season Length, Winter Low Temperatures, Sunset Climate Zone, and Winkler Climate Region for Antelope Valley and the
                                                                    Surrounding Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Antelope Valley       North           East          Southeast     South central     Southwest         West
                                       -----------------------------------------------------------------------------------------------------------------
                                                                                            San Gabriel
               Location                                                     Victorville      Mountains      San Gabriel     San Gabriel
                                             Within          Tehachapi      and Edwards    transitioning    Mountains,      Mountains,       Sandberg
                                                             Mountains          AFB          to higher         lower          higher
                                                                                            elevations      elevations      elevations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual precipitation (in.)............               4-9           12-20           1.4-5           10-20           10-20            9-20           14-16
Growing season (days).................           240-260          50-100         215-235         170-190         220-240         100-150          50-100
Sunset climate zone *.................                11              1A              10               7              18              2A              1A
Winkler region/ degree days **........         V (4,600)         No Data       V (4,900)         No Data         No Data         No Data     III (3,370)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* See the ``Sunset Western Garden Book'' (Brenzel), discussed below.
** See ``General Viticulture'' (Winkler), discussed below.

    Hot summers, cold winters, and widely varying daily temperatures 
characterize the climate in the Antelope Valley, according to the 
petition. On average, 110 days a year have high temperatures above 90 
degrees F, but nights are mild. The growing season extends from mid-
March to early November. Winter low temperatures range from 6 to 11 
degrees F.
    In the mountainous areas to the south, west, and north of the 
Antelope Valley, summers are cool and winters are cold, according to 
the petition. To the west, in addition to the mountainous region, are 
areas of lower elevation terrain with a longer and warmer growing 
season conducive to successful viticulture. Annual precipitation is 9 
to 20 inches, significantly more than the 4 to 9 inches of 
precipitation in the valley; consequently, it increases the groundwater 
supply in the valley. The growing season in the mountains ranges from 
50 to 240 days, as compared to the growing season in the proposed 
viticultural area which ranges from 240 to 260 days.
    Northeast of the proposed viticultural area lies Edwards AFB, for 
which climate data related to agriculture or viticulture is limited, 
according to the petition. To the southeast, in an Antelope Valley-
Mojave Desert transition zone, summers are hot; winters are mild with 
neither severe cold nor high humidity. The growing season of this 
transition zone is 170 to 190 days--shorter than that in the Antelope 
Valley.
    There are 24 climate zones within the continental western United 
States, according to the ``Sunset Western Garden Book'' (Brenzel). 
Sunset climate zones are based on factors such as winter minimum 
temperatures, summer high temperatures, length of the growing season, 
humidity, and rainfall patterns. These factors are determined by 
latitude, elevation, ocean proximity and influence, continental air, 
hills and mountains, and local terrain. Climate in Sunset climate zone 
1 is the harshest cold weather, and climate in Sunset climate zone 24 
is the mildest.
    The Antelope Valley lies in Sunset climate zone 11, ``Medium to 
high desert of California and southern Nevada,'' according to the 
petition. Different Sunset climate zones exist in areas 11 miles or 
less to the north, west, and south of the Antelope Valley. The 
Tehachapi Mountains, to the north, and Sandberg, to the west, are in 
Sunset climate zone 1A, ``Coldest mountains and intermountain areas 
throughout the contiguous states and southern British Columbia.'' 
Winter low temperatures are 0 to 11 degrees F. The growing season in 
climate zone 1A generally lasts from end of May to the first part of 
September, and summers are mild. To the south, in the higher elevations 
of the San Gabriel Mountains, lies Sunset climate zone 2A, ```Cold 
Mountain and Inter-Mountain' Areas.'' Winter low temperatures are 10 to 
20 degrees F.
    The lower-elevation areas of the San Gabriel Mountains south of the 
Antelope Valley lie in Sunset climate zone 18, ``Above and below the 
thermal belts in Southern California's interior valleys.'' The growing 
season in climate zone 18 can extend from the end of March to late 
November. Winter low temperatures average between 7 and 22 degrees F. 
The lower-elevation areas of the San Gabriel Mountains are intermediate 
zones where the Antelope Valley transitions to the part of the San 
Gabriel Mountains in Sunset climate zone 2A.
    Southeast of the Antelope Valley, where the San Gabriel Mountains 
transition to higher elevations, lies Sunset climate zone 7, 
``California's

[[Page 30005]]

Gray Pine Belt.'' The growing season in climate zone 7, from late April 
to early October, extends from 170 to 190 days. Summers are hot, and 
winters are mild. Winter low temperatures average between 26 to 35 
degrees F.
    The area to the east of the Antelope Valley, near Victorville and 
Edwards AFB, lies in Sunset climate zone 10, ``High desert areas of 
Arizona and New Mexico.'' This zone includes the part of the Mojave 
Desert near the California-Nevada border. Climate zone 10's growing 
season, early April to November, averages 225 days. Winter low 
temperatures average between 22 to 25 degrees F.
    The Winkler climate classification system uses heat accumulation 
during the growing season to define climatic regions for viticulture 
(``General Viticulture,'' by Albert J. Winkler, University of 
California Press, 1974, pp. 61-64). 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, the minimum temperature required for grapevine growth. 
Climatic region I has less than 2,500 growing degree days 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.
    The proposed Antelope Valley of the California High Desert 
viticultural area has an annual average heat accumulation of 4,600 
degree days and therefore is in Winkler climate region V, according to 
the petition. The areas to the east, also in Winkler region V, have a 
greater annual heat accumulation (4,900 degree days) but a shorter 
growing season (215 to 235 days) compared to the proposed viticultural 
area. Sandberg, to the west of the Antelope Valley, is in Winkler 
region III. Most mountainous areas surrounding the Antelope Valley are 
not assigned to a Winkler climate region because they are too cold to 
support commercial viticulture.
Geology
    Geology has influenced the topography of the Antelope Valley, the 
surrounding mountains, and the neighboring desert, according to the 
petition. The distinguishing geologic features of the proposed 
viticultural area are valley fill, alluvial soils, diverging fault 
lines, and relatively young rocks.
    The topography of the Mojave Desert of California, of which the 
Antelope Valley is a part, varies from fault scarps and playas to 
surrounding hills and mountains. Valley fill is thickest in the 
Antelope Valley, in the westernmost part of the Mojave Desert.
    The Antelope Valley region is a geologically old basin that more 
recent alluvium has filled. Intermittent and ephemeral streams drain 
into two playas within the basin: Rosamond and Rogers Dry Lakes (U.S. 
Department of Agriculture, Soil Conservation Service). The valley 
landform resulted from a depression at the intersection of diverging 
fault lines from branches of the Garlock and San Andreas Faults. The 
valley's steep vertical relief evolved from a strike slip on the San 
Andreas Fault or an associated, branching fault.
    The relatively young age of the alluvial fill within the proposed 
viticultural area contrasts with the age of rocks in the surrounding 
areas, according to the petition. The rocks in the Antelope Valley 
region date primarily to the Cenozoic Era (65.5 million years ago to 
recent). The alluvial fill is Quaternary (2 million years ago to 
recent). Surrounding the Antelope Valley region, the rocks generally 
date to the Cretaceous Period (65 to 136 million years ago), the 
Jurassic Period (136 to 190 million years ago), and the Triassic Period 
(190 to 225 million years ago).
    Plutonic rocks are predominant in the mountainous areas surrounding 
the proposed viticultural area boundary line. They include crystalline, 
granite, quartz diorite, quartz monzonite, and granodiorite. These 
rocks, the granite and diorite granite rocks in particular, weathered 
to form mainly consolidated and unconsolidated, mostly nonmarine 
alluvium on the valley floor. However, Oso Canyon, at the western tip 
of the valley, is a sedimentary bed dating to the Miocene epoch (about 
23 to 5 million years ago).
Geography
    The terrain of the proposed Antelope Valley of the California High 
Desert viticultural area is characterized by significant uniformity and 
continuity, according to the petition. Slopes are level or nearly level 
on the valley floor, but range to gently sloping to moderately sloping 
on rises at the upper elevations of the terraces and alluvial fans. 
And, although the proposed viticultural area is approximately 52 miles 
wide, elevation varies only 838 feet, as shown on the USGS maps. The 
elevation of the surrounding mountains varies from that of the valley 
by approximately 450 to 4,900 feet, as shown on the USGS maps and the 
table below.

                       Elevation of Locations in the Antelope Valley and Surrounding Areas
----------------------------------------------------------------------------------------------------------------
                                                            Distance from
                                                              proposed         Direction from        Elevation
             Location                        Area           viticultural   proposed viticultural      (feet)
                                                            area (miles)            area
----------------------------------------------------------------------------------------------------------------
Antelope Valley...................  Greater Antelope                 0     Within...............     2,300-3,100
                                     Valley region.
Double Mountain...................  Tehachapi Mountains..           10.5   North................           7,981
Soledad Mountain..................  Rosamond Hills.......            2     North................           4,500
Silver Peak.......................  Shadow Mountains.....           16     East.................           4,043
Burnt Peak........................  Liebre Mountains.....            6     South................           5,888
Mount McDill......................  Sierra Pelona Range..            6.25  South................           5,187
Pine Peak.........................  Liebre Mountains.....            2.25  West.................           3,555
----------------------------------------------------------------------------------------------------------------

Soils
    The proposed Antelope Valley of the California High Desert 
viticultural area lies on the western rim of an old alluvial basin with 
interior drainage by intermittent and ephemeral streams (U.S. 
Department of Agriculture, Soil Conservation Service). The proposed 
boundary line closely follows the highest elevations of the alluvial 
fans and terraces of the basin.
    The soils in the Antelope Valley formed in alluvium weathered from 
granite and other rocks in the surrounding mountains, according to the 
petition. The soils are: very deep loamy fine sand to loam and silty 
clay; well drained and well aerated in the root zone; and mineral rich 
with low to moderate fertility. The available water capacity ranges 
from 5 to 12 inches.
    The predominant soils in the proposed viticultural area are the 
Hesperia-Rosamond-Cajon, Adelanto,

[[Page 30006]]

Arizo, and Hanford-Ramona-Greenfield associations. These soils formed 
in alluvium derived from granitic rock on alluvial fans and terraces. 
Generally, they vary in drainage, slope, elevation, and natural 
vegetation.
    The Hesperia-Rosamond-Cajon association consists of moderately well 
drained to excessively drained soils on 0 to 15 percent slopes. 
Elevations range from 2,400 to 2,900 feet. Natural vegetation includes 
annual grasses, forbs [wild flowers], Joshua tree, Mormon tea, rabbit 
brush, and large sagebrush.
    The Adelanto association consists of well drained soils on 0 to 5 
percent slopes. Elevations range from 2,450 to 2,800 feet. Natural 
vegetation consists of annual grasses and forbs and in some areas 
desert stipa, sagebrush, creosote bush, Joshua tree, and juniper.
    The Arizo association consists of excessively well drained soils on 
0 to 5 percent slopes. Elevations range from 2,950 to 3,100 feet. 
Natural vegetation includes annual grasses, forbs, creosote bush, 
Mormon tea, and rabbit brush.
    The Hanford-Ramona-Greenfield association consists of well drained 
soils on 0 to 30 percent slopes. Elevations range from 2,600 to 3,900 
feet. Natural vegetation includes annual grasses and forbs and, in 
scattered areas, juniper.
    Unlike the soils in the Antelope Valley, the soils on the 
surrounding uplands are generally shallow, excessively well drained, 
coarse sandy loam, and available water capacity is 1.5 to 7 inches. 
Included with the soils in the Antelope Valley are saline soils in 
small, scattered areas within the proposed viticultural area. Outside 
the proposed viticultural area, near Rosamond and Rogers Lakes, saline 
soils appear as larger areas. TTB notes that saline soils are not 
suitable for agriculture, including viticulture.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 108 regarding the proposed Antelope Valley 
of the California High Desert viticultural area in the Federal Register 
(75 FR 53877) on September 2, 2010. In that notice, TTB invited 
comments from all interested persons by November 1, 2010. TTB solicited 
comments on the sufficiency and accuracy of the name, boundary, 
climate, soils, and other required information submitted in support of 
the petition. TTB expressed particular interest in receiving comments 
regarding whether there would be a conflict between the term ``Antelope 
Valley of the California High Desert'' and any currently used brand 
names.
    In response to that notice, TTB received 16 comments, 15 of which 
expressed support for establishing the proposed viticultural area. Most 
of the comments expressed the belief that Antelope Valley of the 
California High Desert is a unique grape-growing area, and several 
comments specifically noted that the proposed viticultural area's 
climate, geology, geography, and soils are distinctive as compared to 
the neighboring areas. Other comments generally agreed with the 
petition's description of the area's distinguishing features.
    One comment opposed the establishment of the proposed viticultural 
area, contending that the area is not locally or nationally recognized 
for its grape-growing and wine production, and that the petition lacks 
ample historical or current evidence to support the proposed 
boundaries. In a subsequent comment responding to the opposing 
commenter, the petitioners highlighted the portions of the petition and 
its exhibits that provided the historical and current evidence of the 
area's name recognition and its proposed boundaries. The petitioners' 
evidence included the city library's local history webpage, various 
maps of the area, the Geographical Names Information System of the U.S. 
Geological Survey, and detailed descriptions of the differences in the 
geology, soils, climate, elevation, and rainfall on each side of the 
proposed boundary line. This evidence was not refuted by the opposing 
commenter.
    TTB also notes that the opposing comment relied upon some 
assertions not relevant to TTB's determination regarding the 
establishment of a viticultural area, such as statements about whether 
it is apparent that one is entering or leaving a viticultural area when 
traveling through the region.

TTB Finding

    After careful review of the petition and the comments received, TTB 
finds that the evidence submitted supports the establishment of the 
proposed viticultural area. Accordingly, under the authority of the 
Federal Alcohol Administration Act and part 4 of TTB's regulations, TTB 
establishes the ``Antelope Valley of the California High Desert'' 
viticultural area in Los Angeles and Kern Counties, California, 
effective 30 days from the publication date of this document.

Boundary Description

    See the narrative boundary description of the viticultural area in 
the regulatory text published at the end of this notice. In this final 
rule, TTB altered some of the language in the written boundary 
description provided in the petition and published as part of Notice 
No. 108. TTB made these alterations in the written boundary description 
language for clarity and to conform the written boundary description to 
the boundary of the proposed viticultural area as marked on the USGS 
maps submitted with the petition.

Maps

    The maps for determining the boundary of the viticultural area are 
listed below in the 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. With the establishment of this viticultural area, its 
name, ``Antelope Valley of the California High Desert,'' is recognized 
as a name of viticultural significance under 27 CFR 4.39(i)(3). The 
text of the new regulation clarifies this point.
    Once this final rule becomes effective, wine bottlers using 
``Antelope Valley of the California High Desert'' 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 
``Antelope Valley of the California High Desert'' 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. Accordingly, if a previously approved label 
uses the name ``Antelope Valley of the California High Desert'' for a 
wine that does not meet the 85 percent standard, the previously 
approved label will be subject to revocation upon the effective date of 
the approval of the

[[Page 30007]]

Antelope Valley of the California High Desert viticultural area.
    Different rules apply if a wine has a brand name containing a 
viticultural area name or other viticulturally significant term that 
was used as a brand name on a label approved before July 7, 1986. See 
27 CFR 4.39(i)(2) for details.

Regulatory Flexibility Act

    TTB certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. This 
regulation imposes no new reporting, recordkeeping, or other 
administrative requirement. Any benefit derived from the use of a 
viticultural area name is the result of a proprietor's efforts and 
consumer acceptance of wines from that area. Therefore, no regulatory 
flexibility analysis is required.

Executive Order 12866

    This rule is not a significant regulatory action as defined by 
Executive Order 12866. Therefore, it requires no regulatory assessment.

Drafting Information

    Elisabeth C. Kann of the Regulations and Rulings Division drafted 
this notice.

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

    For the reasons discussed in the preamble, TTB amends title 27, 
chapter I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Subpart C is amended by adding Sec.  9.219 to read as follows:


Sec.  9.219  Antelope Valley of the California High Desert.

    (a) Name. The name of the viticultural area described in this 
section is ``Antelope Valley of the California High Desert''. For 
purposes of part 4 of this chapter, ``Antelope Valley of the California 
High Desert'' is a term of viticultural significance.
    (b) Approved maps. The 20 United States Geological Survey 1:24,000 
scale topographic maps used to determine the boundary of the Antelope 
Valley of the California High Desert viticultural area are titled:
    (1) Rosamond Quadrangle, California, 1973;
    (2) Rosamond Lake Quadrangle, California, 1973;
    (3) Redman Quadrangle, California, 1992;
    (4) Rogers Lake South Quadrangle, California, 1992;
    (5) Alpine Butte Quadrangle, California-Los Angeles Co., 1992;
    (6) Hi Vista Quadrangle, California-Los Angeles Co., 1957, revised 
1992;
    (7) Lovejoy Buttes Quadrangle, California-Los Angeles Co., 1957, 
revised 1992;
    (8) El Mirage Quadrangle, California, 1956, revised 1992;
    (9) Littlerock Quadrangle, California-Los Angeles Co., 1957, 
revised 1992;
    (10) Palmdale Quadrangle, California-Los Angeles Co., 1958, 
photorevised 1974;
    (11) Ritter Ridge Quadrangle, California-Los Angeles Co., 1958, 
photorevised 1974;
    (12) Lancaster West Quadrangle, California-Los Angeles Co., 1958, 
photorevised 1974;
    (13) Del Sur Quadrangle, California-Los Angeles Co., 1995;
    (14) Lake Hughes Quadrangle, California-Los Angeles Co., 1995;
    (15) Fairmont Butte Quadrangle, California, 1995;
    (16) Neenach School Quadrangle, California, 1995;
    (17) Tylerhorse Canyon Quadrangle, California-Kern Co., 1995;
    (18) Willow Springs Quadrangle, California-Kern Co., 1965, 
photorevised 1974;
    (19) Little Buttes Quadrangle, California, 1965, photorevised 1974; 
and
    (20) Soledad Mtn. Quadrangle, California-Kern Co., 1973.
    (c) Boundary. The Antelope Valley of the California High Desert 
viticultural area is located in Los Angeles and Kern Counties, 
California. The boundary of the Antelope Valley of the California High 
Desert viticultural area is as described below:
    (1) The beginning point is on the Rosamond map at the intersection 
of the Kern and Los Angeles Counties boundary line and the Edwards Air 
Force Base (AFB), boundary line, T8N, R12W. From the beginning point, 
proceed south along the Edwards AFB boundary line to West Avenue E, 
where the Edwards AFB boundary line turns east, section 22, T8N/R12W; 
then
    (2) Proceed generally east along the Edwards AFB boundary line, 
crossing over the Rosamond Lake and Redman maps, onto the Rogers Lake 
South map to the point where the Edwards AFB boundary line crosses the 
2,500-foot elevation line along the northern boundary of section 30, 
T8N/R9W; then
    (3) Proceed generally south along the meandering 2,500-foot 
elevation line, crossing over the Redman and Alpine Butte maps, onto 
the Hi Vista map to the elevation line's intersection with Avenue J, 
section 17, T7N/R9W; then
    (4) Proceed straight east approximately 0.2 mile along Avenue J to 
the northeast corner of section 20, T7N/R9W, (intersection of Avenue J 
and 160th Street East); then
    (5) Proceed straight south along the eastern boundary lines of 
sections 20 and 29, T7N/R9W, to the northwestern corner of section 33, 
T7N, R9W; then
    (6) Proceed in a clockwise direction along the northern and eastern 
boundary lines of section 33, T7N/R9W, to the northwestern corner of 
section 3, T6N/R9W (intersection of Avenue M and 170th Street East); 
then
    (7) Proceed in a clockwise direction along the northern and eastern 
boundary lines of section 3, T6N/R9W, to the northwestern corner of 
section 11, T6N/R9W; then
    (8) Proceed in a clockwise direction along the northern and eastern 
boundary lines of section 11, T6N/R9W, crossing onto the Lovejoy Buttes 
map, to the northwestern corner of section 13, T6N/R9W; then
    (9) Proceed in a clockwise direction along the northern and eastern 
boundary lines of section 13 and then the eastern boundary line of 
section 24, T6N/R9W, to the northwestern corner of section 30, T6N/R8W 
(intersection of Avenue Q and 200th Street East); then
    (10) Proceed in a clockwise direction along the northern and 
eastern boundary lines of section 30, T6N/R8W, to the northwestern 
corner of section 32, T6N/R8W; then
    (11) Proceed east along the northern boundary of section 32 T6N/
R8W, crossing onto the El Mirage map, and continue along the northern 
boundary of section 33, T6N/R8W, to elevation point 2916 (along Avenue 
R); then
    (12) Proceed due south in a straight line to the point where the 
3,100-foot elevation line crosses the eastern boundary line of section 
8, T5N/R8W; then
    (13) Proceed generally west-southwest along the meandering 3,100-
foot elevation line, crossing over the Lovejoy Buttes map, onto the 
Littlerock map and continue to the elevation line's intersection with 
the California Aqueduct, approximately 0.2 mile south of Pearlblossom 
Highway, section 22, T5N/R10W; then
    (14) Proceed generally north and then northwest along the 
California Aqueduct, crossing over the Palmdale, Ritter Ridge, 
Lancaster West, Del Sur, Lake Hughes, and Fairmont Butte maps,

[[Page 30008]]

onto the Neenach School map to the California Aqueduct's intersection 
with the Pacific Crest National Scenic Trail (adjacent to the Los 
Angeles Aqueduct) in section 16, T8N/R16W; then
    (15) Proceed north and then generally east and north along the 
Pacific Crest National Scenic Trail, crossing over the Fairmont Butte 
map, and continue onto the Tylerhorse Canyon map to the point where the 
Trail and the adjacent Los Angeles Aqueduct separate near elevation 
point 3120 and West Antelope Station in section 3, T9N/R15W; then
    (16) Proceed generally northeast along the Los Angeles Aqueduct 
crossing onto the Willow Springs map, to the Aqueduct's intersection 
with Tehachapi Willow Springs Road, section 7, T10N/R13W; then
    (17) Proceed generally south on Tehachapi Willow Springs Road, 
crossing onto the Little Buttes map, to the road's intersection with 
the 2,500-foot elevation line along the western boundary of section 17, 
T9N/R13W; then
    (18) Proceed generally east along the meandering 2,500-foot 
elevation line, crossing over the Willow Springs map and continuing 
onto the Soledad Mtn. map, where that elevation line crosses over and 
back three times from the Rosamond map, to the elevation line's 
intersection with the Edwards AFB boundary line, section 10, T9N/R12W; 
and then
    (19) Proceed straight south along the Edwards AFB boundary line, 
crossing over to the Rosamond map, and return to the beginning point.

    Signed: January 5, 2011.
John J. Manfreda,
Administrator.

    Approved: January 5, 2011.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2011-12823 Filed 5-23-11; 8:45 am]
BILLING CODE XXXX-XX-P