Establishment of the Pine Mountain-Cloverdale Peak Viticultural Area, 66629-66637 [2011-27813]
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Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Rules and Regulations
Pinot Meunier (Meunier)
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Piquepoul blanc (Picpoul)
Prairie Star
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Princess
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Refosco (Mondeuse)
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Reliance
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Rkatsiteli (Rkatziteli)
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Rondinella
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Sabrevois
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Sagrantino
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St. Pepin
St. Vincent
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Sauvignon gris
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Seyval blanc (Seyval)
Shiraz (Syrah)
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Trebbiano (Ugni blanc)
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Valdepenas (Tempranillo)
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Valiant
Valvin Muscat
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Vergennes
Vermentino
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Vignoles (Ravat 51)
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White Riesling (Riesling)
Wine King
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Zinthiana
Zweigelt
DEPARTMENT OF THE TREASURY
3. Section 4.92 is amended by
removing the word ‘‘prime’’ or ‘‘Prime’’
wherever it appears, and by adding new
paragraph (d) to read as follows:
§ 4.92 Alternative names permitted for
temporary use.
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(d) Wines bottled prior to October 29,
2012.
Alternative Name/Name
Agwam—Agawam
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Signed: August 22, 2011.
John J. Manfreda,
Administrator.
Approved: September 6, 2011.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2011–27812 Filed 10–26–11; 8:45 am]
BILLING CODE 4810–31–P
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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
27 CFR Part 9
distinguishing features as described in
[Docket No. TTB–2010–0003; T.D. TTB–96;
part 9 of the regulations and a name and
Notice Nos. 105, 107, and 112]
a delineated boundary as established in
part 9 of the regulations. These
RIN 1513–AB41
designations allow vintners and
consumers to attribute a given quality,
Establishment of the Pine Mountainreputation, or other characteristic of a
Cloverdale Peak Viticultural Area
wine made from grapes grown in an area
AGENCY: Alcohol and Tobacco Tax and
to its geographic origin. The
Trade Bureau, Treasury.
establishment of viticultural areas
ACTION: Final rule; Treasury Decision.
allows vintners to describe more
accurately the origin of their wines to
SUMMARY: This document establishes the
consumers and helps consumers to
4,570-acre ‘‘Pine Mountain-Cloverdale
identify wines they may purchase.
Peak’’ viticultural area in portions of
Establishment of a viticultural area is
Mendocino and Sonoma Counties,
neither an approval nor an endorsement
California. The Alcohol and Tobacco
by TTB of the wine produced in that
Tax and Trade Bureau designates
area.
viticultural areas to allow vintners to
Requirements
better describe the origin of their wines
and to allow consumers to better
Section 4.25(e)(2) of the TTB
identify wines they may purchase.
regulations outlines the procedure for
DATES: Effective date: November 28,
proposing an American viticultural area
2011.
and provides that any interested party
may petition TTB to establish a grapeFOR FURTHER INFORMATION CONTACT:
growing region as a viticultural area.
Elisabeth C. Kann, Regulations and
Section 9.12 of the TTB regulations
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G St., NW., prescribes standards for petitions for the
establishment or modification of
Room 200E, Washington, DC 20220;
American viticultural areas. Such
phone 202–453–1039, ext. 002.
petitions must include the following:
SUPPLEMENTARY INFORMATION:
• Evidence that the area within the
viticultural area boundary is nationally
Background on Viticultural Areas
or locally known by the viticultural area
TTB Authority
name specified in the petition;
Section 105(e) of the Federal Alcohol
• An explanation of the basis for
Administration Act (FAA Act), 27
defining the boundary of the viticultural
U.S.C. 205(e), authorizes the Secretary
area;
of the Treasury to prescribe regulations
• A narrative description of the
for the labeling of wine, distilled spirits, features of the viticultural area that
and malt beverages. The FAA Act
affect viticulture, such as climate,
provides that these regulations should,
geology, soils, physical features, and
among other things, prohibit consumer
elevation, that make it distinctive and
deception and the use of misleading
distinguish it from adjacent areas
statements on labels, and ensure that
outside the viticultural area boundary;
labels provide the consumer with
• A copy of the appropriate United
adequate information as to the identity
States Geological Survey (USGS) map(s)
and quality of the product. The Alcohol showing the location of the viticultural
and Tobacco Tax and Trade Bureau
area, with the boundary of the
(TTB) administers the regulations
viticultural area clearly drawn thereon;
promulgated under the FAA Act.
and
Part 4 of the TTB regulations (27 CFR
• A detailed narrative description of
part 4) provides for the establishment of the viticultural area boundary based on
definitive viticultural areas and the use
USGS map markings.
of their names as appellations of origin
Pine Mountain-Mayacmas Petition
on wine labels and in wine
Sara Schorske of Compliance Service
advertisements. Part 9 of the TTB
of America prepared and submitted a
regulations (27 CFR part 9) sets forth
petition on her own behalf and on
standards for the preparation,
behalf of local wine industry members
submission, and approval of petitions
for the establishment or modification of to establish the 4,600-acre Pine
American viticultural areas and lists the Mountain-Mayacmas American
viticultural area in northern California.
approved American viticultural areas.
Alcohol and Tobacco Tax and Trade
Bureau
■
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Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Rules and Regulations
Located approximately 90 miles north of
San Francisco and 5 miles northnortheast of Cloverdale, the proposed
viticultural area surrounds much of Pine
Mountain, which rises to the east of U.S.
101 and the Russian River, to the north
of that river’s Big Sulphur Creek
tributary, and to the immediate west of
the Mayacmas Mountains.
Approximately two-thirds of the
proposed viticultural area lies in the
extreme southern portion of Mendocino
County, with the remaining one-third
located in the extreme northern portion
of Sonoma County.
According to the petition and the
written boundary description, the
proposed viticultural area is totally
within the multicounty North Coast
viticultural area (27 CFR 9.30) and
overlaps the northernmost portions of
the Alexander Valley viticultural area
(27 CFR 9.53) and the Northern Sonoma
viticultural area (27 CFR 9.70). The
proposed area currently has 230 acres of
commercial vineyards, the petition
states, with another 150 acres under
development.
The petition states that the
distinguishing features of the proposed
viticultural area include its
mountainous soils, steep topography
with high elevations, and a growing
season climate that contrasts with the
climate of the Alexander Valley floor
below. Also, the petition notes that
vineyards within the proposed
viticultural area generally are smaller
than the vineyards found on the
Alexander Valley floor.
The supporting evidence presented in
the petition is summarized below.
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Name Evidence
According to the petition, the ‘‘Pine
Mountain-Mayacmas’’ name combines
the names of the major geographical
features found within the proposed
viticultural area and serves to locate the
proposed area within northern
California. As shown on the provided
USGS maps, the proposed viticultural
area surrounds Pine Mountain, a 3,000foot peak located on the western flank
of the Mayacmas Mountains in northern
Sonoma and southern Mendocino
Counties.
The northern portion of the 1998
USGS Asti, California, quadrangle map
shows Pine Mountain rising to 3,000
feet in southern Mendocino County,
near the Sonoma County line. Also, as
shown on the Asti map, Pine Mountain
Road climbs from the Cloverdale area
and marks a portion of the proposed
viticultural area’s southern boundary.
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The October 2000 edition of the
California State Automobile
Association’s Mendocino and Sonoma
Coast road map shows the Mayacamas
Mountains running north-northwest
approximately from Mount St. Helena,
and continuing through the Pine
Mountain region to Lake Mendocino. A
1956 regional map produced by the
State of California Division of Forestry,
as provided with the petition, shows
Pine Mountain located northeast of
Cloverdale.
The 1982 publication, ‘‘Cloverdale
Then & Now—Being a History of
Cloverdale, California, Its Environs, and
Families,’’ refers to the Pine Mountain
junction and the Pine Mountain toll
road in discussing the early roads of the
region (page 3). This publication also
includes a 1942 picture of homesteaders
Hubert and George Smith on Pine
Mountain (page 6). A 1985 article in the
Redwood Rancher, ‘‘The Early Wineries
of the Cloverdale Area,’’ by William
Cordtz, discusses the grape growing of
Mrs. Emily Preston in the late 1800s.
The article states that the Preston
Winery ‘‘was on Pine Mountain
immediately north of the present U.S.
101 bridge north of Cloverdale.’’
The petition also notes that the Pine
Mountain Mineral Water Company
bottled water from springs located on
Pine Mountain for more than 50 years,
until the mid-1900s. A copy of one of
the company’s bottle labels included
with the petition prominently displays
the ‘‘Pine Mountain’’ name with a tall
mountain in the background and springs
in the foreground.
As noted in the petition and as shown
on USGS maps, the Mayacmas
Mountain range covers portions of
Mendocino, Sonoma, Napa, and Lake
Counties. The Mayacmas Mountain
range separates Lake County from
Mendocino, Sonoma, and Napa
Counties, and, the petition states, that
range defines the northern side of the
Alexander Valley. According to the
petition, the mountains were named for
the Mayacmas Indians. Although the
name is sometimes spelled
‘‘Mayacamas’’ or ‘‘Maacama,’’
‘‘Mayacmas’’ is the spelling used on
USGS maps.
Noting that the name ‘‘Pine
Mountain’’ is commonly used
throughout the United States, the
petition states that the use of
‘‘Mayacmas’’ in the proposed
viticultural area’s name acts as a
geographic modifier that pinpoints the
proposed viticultural area’s northern
California location. The petitioners
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believe that ‘‘California’’ is not an
appropriate geographical modifier for
the viticultural area’s name because
there are other Pine Mountains in
California. The USGS Geographical
Names Information System (GNIS), for
example, lists 21 additional ‘‘Pine
Mountains’’ in California.
The petition also notes that the
Mayacmas Mountains ‘‘are closely
associated with winegrowing’’ because
the range is home to many vineyards
and wineries. The Mayacmas range, the
petition states, divides the grape
growing regions of Ukiah and Clear
Lake, and borders the Alexander Valley
viticultural area as well as the Napa
Valley (27 CFR 9.23) and Sonoma Valley
(27 CFR 9.29) viticultural areas. The
petition states that ‘‘Mayacmas is an
ideal modifier’’ to distinguish the
proposed viticultural area ‘‘from other
places with similar names’’ and will
‘‘help consumers easily ascertain its
general location.’’
Boundary Evidence
According to the petition, the
proposed 4,600-acre viticultural area
encompasses those portions of Pine
Mountain and the mountain’s lower
slopes that are suitable for viticulture.
The petition states that the boundary
was drawn in consideration of the
mountain’s varying steepness, water
availability, and solar orientation.
The petition notes that within the
proposed viticultural area, vineyard
development is generally limited to
small, 5- to 20-acre plots of flat or gently
sloping ground found within the
proposed area’s mountainous terrain.
Size-limiting factors for these mountain
vineyard operations, the petition
explains, include the need for tractor
use and economical erosion control. The
mountain vineyards’ patchwork
arrangement, the petition continues,
contrasts to the larger vineyards, some
of 100 acres or more, found on the floor
of the nearby Alexander Valley.
The petition states that the south and
southwest sides of Pine Mountain,
which are included within the boundary
line for the proposed viticultural area,
have favorable growing season solar
orientation as compared to the less
sunny sides of the mountain outside the
proposed boundary line, noting that
successful viticulture depends partially
on a favorable solar orientation to
provide adequate growing season
sunshine and heat accumulation. The
below table summarizes the rationale for
the proposed viticultural area boundary
line as described in the petition:
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Sides of Pine Mountain in relationship to the proposed viticultural area
Viticultural considerations
North: Outside boundary line ...................................................................
East: Outside boundary line .....................................................................
South and southwest at higher elevations: Inside boundary line ............
Inadequate sun and heat.
Inadequate sun and heat.
Some gentle slopes, good sun exposure and heat accumulation, and
available water.
Steep terrain and lack of water.
South at lower elevations below Pine Mountain Road: Outside boundary line.
West at higher elevations: Inside boundary line ......................................
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West at lower elevations: Outside boundary line .....................................
The history of grape-growing and
winemaking in the Pine Mountain
region goes back to the 19th century,
according to the petition. The 1877
‘‘Thompson Historical Atlas Map of
Sonoma County’’ lists several grape
growers with vineyards on or near Pine
Mountain. The petition states that these
included George Allen’s 2-acre vineyard
on the slopes of Pine Mountain, J.G.
Rains’ 10-acre vineyard, Clay Worth’s 6acre vineyard at the base of Pine
Mountain, and Wellington Appleton,
who owned 144 acres on the mountain’s
western slopes.
About 1910, the petition states, Steve
Ratto developed a vineyard and winery
at the 1,700-foot elevation of Pine
Mountain, and that site is located inside
the southwest portion of the boundary
line of the proposed viticultural area.
That winery site is shown on a 1956
State of California Division of Forestry
map for the region that was included
with the petition. The petition notes
that remnants of the old winery building
are still visible and that modern
vineyards are on the site as well.
The petition also describes the large
vineyard and winery operation of
Hartwell and Emily Preston. The
Preston Ranch, dating back to 1869,
came to include over 1,500 acres of
land, with a 10-acre vineyard, an oak
cooperage, and a large winery and wine
cellar. An October 29, 1874, article in
the Russian River Flag newspaper
lauded Preston’s ‘‘Fruit and Wine
Ranch,’’ and noted that it stretched from
the eastern bank of the Russian River to
the slopes of Pine Mountain. Reports
from the time state that Preston
harvested 40 tons of grapes from his
vineyards in 1889. Much of the Preston
winery’s output was used in the various
patent medicines prescribed by Emily
Preston, a well-known faith healer of the
time. According to the USGS Cloverdale
Quadrangle map and an additional map
included with the petition, the former
Preston vineyard lies approximately one
mile outside of the western boundary
line of the proposed viticultural area.
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Some gentle slopes, good sun exposure and heat accumulation, and
available water.
Steep terrain.
Distinguishing Features
Differences in topography, climate,
and soils distinguish the proposed
viticultural area from the surrounding
areas, according to the petition.
Topography
The proposed viticultural area has a
higher elevation and steeper terrain than
the Alexander Valley to the southwest
of the proposed viticultural area.
Elevations within the proposed
viticultural area begin at 1,600 feet and
rise to the 3,000-foot summit of Pine
Mountain. The terrain within the
proposed viticultural area is generally
steep and mountainous, with patches of
flatter ground within this steep terrain
allowing for the development of areas of
small, 5- to 20-acre vineyards.
In contrast, to the west and south, the
Alexander Valley floor rises from about
260 feet in elevation at the Russian
River and continues easterly and
upward to the foothills of Pine
Mountain and the Mayacmas
Mountains. This flatter, lower terrain
allows for the development of larger
vineyards, some 100 acres or more, with
different viticultural characteristics than
those found in the small mountain
vineyards. Areas to the north and east
of the proposed viticultural area, while
similar in elevation and steepness, lack
the flatter patches of ground and water
resources needed for vineyard
development.
Climate
The distinctive growing season
climatic factors of the proposed
viticultural area include limited marine
fog cover, abundant sunshine, mild
diurnal temperature changes, significant
wind, and heavy winter rainfall,
according to the petition. Quoting local
growers, the petition states that the
cooler spring climate of Pine Mountain
delays the start of vine growth by about
2 weeks, as compared to valley
vineyards. The petition also notes that
the proposed viticultural area’s growing
season climate is cooler during the day,
warmer at night, windier, and wetter
than the surrounding lower elevation
grape growing areas.
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In support of these conclusions, the
petitioners gathered climatic data from
six regional weather stations located
within and in areas surrounding the
proposed viticultural area. These were:
Cloverdale (southwest of Pine Mountain
at 333 feet), Hopland East (northnorthwest of Pine Mountain at 1,160
feet), Hopland West (northwest of Pine
Mountain at 1,200 feet), Sanel Valley
(north-northwest of Pine Mountain at
525 feet), Alexander Valley (at the
Seghesio Vineyards valley weather
station, south-southwest of Pine
Mountain at 350 feet), and Pine
Mountain (at the Seghesio Vineyards
mountain weather station, within the
proposed viticultural area boundary line
at 2,600 feet in elevation).
Fog: Despite the later start of the grape
growing season at the higher elevations
of the proposed viticultural area, the
differing elevation-based fog patterns
found on Pine Mountain allow grape
growth within the proposed viticultural
area to catch up with the earlier start of
the valley vineyards, according to local
growers. The petition states that the
heavy fog that frequently blankets the
surrounding valley floors fails to rise to
the 1,600-foot minimum elevation of the
proposed viticultural area boundary
line. The petition describes the
mountain as a sunny island floating
above the fog, and the petition included
pictorial documentation of this
phenomenon.
The petition states that the proposed
viticultural area averages 3 to 4 hours
more sunlight per day than the
Alexander Valley during the growing
season. While the valley remains
blanketed under a heavy fog layer until
late morning and then again later in the
afternoon, the higher Pine Mountain
elevations routinely bask in sunshine all
day long. The extra sunlight and
resulting longer daily period of warmth
found on the higher slopes of Pine
Mountain allow grapes to develop
quickly and mature around the same
time as those grown in valley floor
vineyards.
Temperatures: During the growing
season, daytime high temperatures
within the proposed viticultural area are
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consistently cooler, and overnight
temperatures are consistently warmer,
than those found on the Alexander
Valley floor, according to the petition.
The petition includes temperature data
gathered by local grape grower John
Copeland, who gathered hourly
Region and elevation
High temperature (°F)
Low temperature (°F)
74
84
60
49
Pine Mountain (2,200 feet) ......................................................................
Valley floor (225 feet) ..............................................................................
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The petition states that nights are
warmer on the slopes of Pine Mountain
mainly because cool night mountain air,
being heavier than warm air, drains off
the mountain into the valley below.
This downward nocturnal air flow
leaves the slopes of Pine Mountain
relatively warmer as compared to the
cooler valley. In addition, the petition
explains that the marine inversion, a
summer coastal phenomenon, results
from a layer of cool, heavy, and moist
marine air and fog that slips beneath the
layer of warmer air. This cool, foggy air
blankets the Alexander Valley floor and
does not mix with the lighter, warm air
above it on the mountain slopes. This
phenomenon, the petition continues,
inverts the normal mountainous air
temperature pattern of cooler
temperatures above and warmer
temperatures below.
Wind: The proposed viticultural area
climate includes stronger and more
frequent winds than those found in the
valley below, the petition explains. The
petition states that local growers report
that Pine Mountain vineyards are
naturally free of mildew, a vineyard
malady commonly found in areas with
more stagnant air.
Precipitation: The petition notes that
the proposed viticultural area receives
30 to 60 percent more rainfall than the
valley below. Southern storms often
stall over Pine Mountain and the
Mayacmas range, dropping more rain
than in other areas. Pine Mountain also
receives some upper elevation-based
snow, something not encountered on
the Alexander Valley floor below, the
petition explains.
Soils
According to the petition, the
mountain soils within the proposed
viticultural area are significantly
different from the alluvial valley soils
found at lower elevations outside the
proposed area. The petition documents
these differences using United States
Department of Agriculture online soil
maps for Mendocino and Sonoma
Counties.
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differences between the proposed area
and the lower valley floor. The average
temperature differences between the
higher elevations on Pine Mountain and
the lower elevations on the Alexander
Valley floor are shown in the table
below:
temperature readings at several sites
within the proposed viticultural area
prior to planting his vineyards there.
The petitioners combined Mr.
Copeland’s data and that of the valley
weather stations noted above to
document the diurnal temperature
However, as the petition notes, the
two county soil maps use different soils
names since the two counties’ soil
surveys were conducted years apart
using different name protocols.
Specifically, the Sonoma County Soil
Survey shows that the portion of the
proposed viticultural area that lies
within that county falls within the Los
Gatos-Hennecke-Maymen association,
with the Los Gatos soils series the
predominant soil type. The Mendocino
County Soil Survey, however, shows
that the portion of the proposed
viticultural area within that county falls
within the Maymen-Estel-Snook
association.
To show that the soils within the
proposed viticultural area are generally
the same in each county, the petition
also provides descriptions of the
physical characteristics of the proposed
viticultural area soils. The petition
describes the parent materials of the
proposed viticultural area soils as
fractured shale and weathered
sandstone. The petition notes that soils
within the proposed viticultural area are
mountainous types, which are generally
steep, shallow to moderately deep, and
very well to excessively well-drained.
Also, these mountain soils include large
amounts of sand and gravel. Pine
Mountain soils are generally less than 3
feet in depth, the petition continues,
with more than half at depths of 12
inches or less. In contrast, soils found
on the Alexander Valley floor and in
other lower elevation areas outside the
proposed viticultural area are deeper,
less well-drained alluvial soils.
Overlap With Established Viticultural
Areas
The Sonoma County portion of the
proposed viticultural area lies almost
entirely within the northern portion of
the established Alexander Valley
viticultural area, which, in turn, lies
within the northern portion of the
established Northern Sonoma
viticultural area. The Alexander Valley
and Northern Sonoma viticultural areas
both lie totally within the North Coast
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Diurnal temperature
variation (in °F)
14
35
viticultural area. While located in whole
or in part within these existing
viticultural areas, the petitioners believe
that the proposed viticultural area is
distinguishable from those viticultural
areas.
For example, the petition states that
the 76,034-acre Alexander Valley
viticultural area largely consists of
lower elevation valley floor along the
Russian River, with vineyards located
below 600 feet, while the proposed
viticultural area largely consists of
mountainous terrain located above
1,600 feet. Further, as noted above, the
petition includes climatic data
documenting the differing valley and
mountain growing season temperatures,
wind, and fog patterns found in this
region.
In addition, the petition notes that the
349,833-acre Northern Sonoma
viticultural area extends 40 miles south
from the Mendocino-Sonoma County
line to the southernmost reaches of the
Russian River Valley viticultural area
(27 CFR 9.66) southwest of Sebastopol.
In addition to the Russian River Valley
and Alexander Valley viticultural areas,
the large Northern Sonoma viticultural
area includes the Knights Valley (27
CFR 9.76), Chalk Hill (27 CFR 9.52),
Green Valley of Russian River Valley (27
CFR 9.57), and Dry Creek Valley (27
CFR 9.64) viticultural areas with their
differing microclimates and terrains.
According to the petition, the diversity
within the Northern Sonoma viticultural
area as a whole stands in contrast to the
uniform climate and terrain found
within the proposed viticultural area.
The established North Coast
viticultural area lies north and
northwest of San Francisco, and
includes all of Sonoma County and
portions of Mendocino, Napa, Lake,
Solano, and Marin Counties. This very
large viticultural area’s distinguishing
features include its distinctive coastal
climate and topography. Although the
proposed viticultural area has a
somewhat similar climate, the petition
notes, the proposed viticultural area is
small, is limited to higher elevations,
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and is less foggy than the general North
Coast viticultural area climate.
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Relationship to Existing Viticultural
Areas
Alexander Valley Viticultural Area
The original Treasury Decision, T.D.
ATF–187, establishing the more than
60,000-acre Alexander Valley
viticultural area, was published in the
Federal Register (49 FR 42719) on
October 24, 1984. In the discussion of
geographical features, T.D. ATF–187
relied on the geographical features of
the valley floor and specifically
excluded the mountainous area to the
east, primarily because these areas were
determined to have geographical
features different from those in the
established viticultural area. T.D. ATF–
187 stated that the mountainous area
has an average rainfall of 30 to 70
inches, temperatures of 54 to 58 degrees
Fahrenheit, and a frost-free season of
230 to 270 days, but that the valley floor
has an average rainfall of 25 to 50
inches, temperatures of 54 to 60 degrees
Fahrenheit, and a frost-free season of
240 to 260 days. Regarding soils, T.D.
ATF–187 stated that the mountainous
area to the east is characterized
primarily by the Goulding-ToomesGuenoc and Henneke-Maymen
associations, but the valley floor is
characterized by the Yolo-CortinaPleasanton association. TTB notes that
the temperature and frost-free season
data concerning the valley and the
mountainous areas, though different, are
not so different as to be considered
significantly different.
The area within the Alexander Valley
viticultural area that also overlaps the
proposed viticultural area was added in
Treasury Decision (T.D.) ATF–233,
published in the Federal Register (51
FR 30352) on August 26, 1986. In
discussing the proposal to add
approximately 1,536 acres to the
existing Alexander Valley viticultural
area ‘‘at elevations between 1,600 feet
and 2,400 feet above sea level on Pine
Mountain,’’ T.D. ATF–233 recognized
that ‘‘the land in the area shares similar
geological history, topographical
features, soils, and climatic conditions
as adjoining land within the previously
established boundary of the [Alexander
Valley] viticultural area.’’
However, the petition provides more
detailed evidence regarding the
geographical features that distinguish
the entire proposed viticultural area
(including the overlap area) from the
greater portion of the Alexander Valley
viticultural area. That evidence details
the significant differences between the
areas in comparable night and day
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temperatures, rainfall, and soils. The
petitioner also included evidence that
the proposed viticultural area climate
includes stronger and more frequent
winds than those found in the valley
below.
Northern Sonoma Viticultural Area
The Alexander Valley viticultural area
is entirely within the Northern Sonoma
viticultural area, and the area of overlap
created by the proposed viticultural area
is the same with respect to both the
Northern Sonoma and the Alexander
Valley viticultural areas. In addition,
TTB notes that the name recognition for
the Northern Sonoma viticultural area
does not extend into the portion of the
proposed viticultural area that is outside
the boundary line for the Alexander
Valley viticultural area. Historically, the
outer boundaries of four viticultural
areas (Alexander Valley, Dry Creek
Valley, Russian River Valley, and
Knights Valley) have been used to
define the boundary of the Northern
Sonoma viticultural area.
T.D. ATF–204, published in the
Federal Register (50 FR 20560) on May
17 1985, established the Northern
Sonoma viticultural area and includes
the following statement:
‘‘ * * * Six approved viticultural areas are
located entirely within the Northern Sonoma
viticultural area as follows: Chalk Hill,
Alexander Valley, Sonoma County Green
Valley [subsequently renamed Green Valley
of Russian River Valley], Dry Creek Valley,
Russian River Valley, and Knights Valley.
The Sonoma County Green Valley and
Chalk Hill areas are each entirely within the
Russian River Valley area. The boundaries of
the Alexander Valley, Dry Creek Valley,
Russian River Valley, and Knights Valley
areas all fit perfectly together dividing
northern Sonoma County into four large
areas. The Northern Sonoma area uses all of
the outer boundaries of these four areas with
the exception of an area southwest of the Dry
Creek Valley area and west of the Russian
River Valley * * * ’’
TTB also notes that the Northern
Sonoma viticultural area boundary has
been adjusted twice to keep it
coterminous with the outer boundaries
of the four viticultural areas mentioned
in T.D. ATF–204 (see T.D. ATF–233,
published in the Federal Register on
August 26, 1986, 51 FR 30352, and T.D.
ATF–300, published in the Federal
Register on August 9, 1990, 55 FR
32400).
North Coast Viticultural Area
In addition to what was previously
stated in this document concerning the
North Coast viticultural area, TTB notes
that this viticultural area, which was
established by T.D. ATF–145 (published
in the Federal Register at 48 FR 42973
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66633
on September 21, 1983), encompasses
approximately 40 established
viticultural areas, as well as the
proposed viticultural area, in northern
California. In the ‘‘Geographical
Features’’ portion of the preamble, T.D.
ATF–145 states that climate is the major
factor in distinguishing the North Coast
viticultural area from surrounding areas,
that all the areas within the North Coast
viticultural area receive marine air, and
that most of them also receive fog. T.D.
ATF–145 also 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 viticultural area
exhibits the basic geographical feature
of the North Coast viticultural area:
Marine air that results in greater
amounts of rain. However, the
geographical features of the proposed
viticultural area are much more uniform
in than those of the North Coast
viticultural area. In this regard, T.D.
ATF–145 specifically notes 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 * * *.’’
Notices of Proposed Rulemaking and
Comments Received
In Notice No. 105, published in the
Federal Register (75 FR 29686) on May
27, 2010, TTB described the petitioners’
rationale for the proposed establishment
of the Pine Mountain-Mayacmas
viticultural area and requested
comments on the proposal on or before
July 26, 2010. TTB specifically invited
comments regarding: (1) Whether the
petition contains sufficient evidence
regarding the distinguishing features of
the proposed viticultural area; (2)
whether the evidence submitted
warrants the establishment of the
proposed viticultural area within the
existing North Coast viticultural area
and portions of the Alexander Valley
and Northern Sonoma viticultural areas;
(3) whether the approval of the
proposed viticultural area with the
overlap with the Alexander Valley
viticultural area is appropriate and/or
whether the Alexander Valley and
Northern Sonoma viticultural areas
should be curtailed to avoid the overlap
or expanded to encompass the new area;
and (4) the appropriateness of the
proposed ‘‘Pine Mountain-Mayacmas’’
name, including its spelling, viticultural
significance, and potential conflicts
with currently used brand names.
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On July 16, 2010, TTB received a
letter request from attorney Richard
Mendelson on behalf of the Napa Valley
Vintners (NVV), a wine industry trade
association, which requested a 45-day
extension of the comment period for
Notice No. 105 to allow the NVV to
complete and thoroughly vet its
comments on the proposed viticultural
area. In response to that request, on July
26, 2010, TTB published in the Federal
Register (75 FR 43446) Notice No. 107
to extend the comment period for Notice
No. 105 to September 9, 2010.
Comments Received in Response to
Notice No. 105
During the course of the original and
extended comment period on Notice No.
105, TTB received and posted 85
comments from 70 groups and
individuals. Commenters included 36
industry members and 34 non-industry
individuals. Of the commenters, 52
supported and 18 opposed the
establishment of the Pine MountainMayacmas viticultural area with the
proposed name and boundary line. The
comments in opposition to the proposal
as published raised three issues that
could warrant a change in the regulatory
text proposed in Notice No. 105: (1) The
appropriateness of the proposed Pine
Mountain-Mayacmas name; (2) the
viticultural significance of a suggested
modified name for the proposed
viticultural area; and (3) the inclusion of
additional acreage within the boundary
of the viticultural area.
With regard to the appropriateness of
the Pine Mountain-Mayacmas name,
some commenters questioned the
‘‘Mayacmas’’ portion of the name
because it is associated with the four
counties of Napa, Sonoma, Lake, and
Mendocino in northern California rather
than only the area within the proposed
viticultural area boundary. TTB notes
that ‘‘Mayacmas’’ refers to the
Mayacmas Range, which is the
mountain range that extends generally
north from San Pablo Bay and divides
the Napa Valley viticultural area from
the Sonoma Valley viticultural area. The
Mayacmas Range is a significant
landform for both valleys. The following
comments in response to Notice No. 105
stated opposition to the Pine MountainMayacmas name: Nos. 41, 43, 44, 45, 48,
50, 53, 55, 56, 57, 59, 60, 63, 65, 76, 78,
79, 81, and 82 (comments 45 and 78
were submitted by the same
commenter).
In response to comments opposing the
‘‘Mayacmas’’ modifier, the ‘‘Cloverdale
Peak’’ geographical modifier was
proposed in comment 62 by Barry
Hoffner, a representative for the Pine
Mountain vineyard owners. In comment
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62, Mr. Hoffner describes the Pine
Mountain growers as a unified group of
13 vineyard owners along the SonomaMendocino boundary line, northeast of
the town of Cloverdale. In comment 62,
Mr. Hoffner explains that when
opposition to the ‘‘Mayacmas’’ portion
of the proposed ‘‘Pine MountainMayacmas’’ name was expressed in
some comments, the growers decided,
after careful consideration and meetings
with other industry groups, to propose
to change the name of the proposed
viticultural area to ‘‘Pine MountainCloverdale Peak.’’ Cloverdale Peak is a
mountain landform that adjoins Pine
Mountain and has similar elevations.
Comment 62 emphasizes that the
combination of the ‘‘Pine Mountain’’
and ‘‘Cloverdale Peak’’ names more
accurately describes the geographical
location of the proposed viticultural
area and would effectively address the
industry opposition relating to its name.
Comment 68, submitted by Sara
Schorske of Compliance Service of
America (and the originator of the Pine
Mountain-Mayacmas viticultural area
petition), expresses support for the
‘‘Cloverdale Peak’’ name change
proposed in comment 62 and states that
it would provide better information for
consumers by providing a more unique
and specific geographical indicator for
‘‘Pine Mountain.’’ Comment 68 also
provides substantiating documentation
for the change, which includes various
references in the petition and its
exhibits to Cloverdale and its historical
and current association with Pine
Mountain. Comment 68 further states
that Pine Mountain and Cloverdale Peak
are neighboring peaks in the same range
and that a portion of the Cloverdale
Peak landform is already included
within the proposed boundary line.
According to comment 68, Cloverdale
Peak is identified on the Highland
Springs USGS quadrangle map.
Cloverdale Peak Road extends from
Hopland to the western slope of
Cloverdale Peak, and the https://
www.trails.com Web site identifies
Cloverdale Peak as a hiking and
recreational destination. In addition, as
noted in comment 70, submitted by the
NVV, Cloverdale Peak Road begins near
the center of the proposed viticultural
area and runs northward through the
area.
A number of commenters
subsequently supported the use of the
‘‘Cloverdale Peak’’ name instead of
‘‘Mayacmas.’’ Comments submitted in
response to Notice No. 105 that
specifically supported the name change
to ‘‘Pine Mountain-Cloverdale Peak’’
were as follows: Nos. 61, 62, 68, 69, 70,
71, 72, 73, 74, 75, 77, and 80. The
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comments supporting the proposed
name change were submitted by
individuals, vineyard and winery
owners, industry association groups,
and United States Congressman Mike
Thompson.
The NVV (comments 64 and 70) also
endorsed the modified ‘‘Pine MountainCloverdale Peak’’ name. Comments from
other industry groups include the Pine
Mountain growers (comments 46 and
62) and the Mount Veeder Appellation
Council (comments 63 and 72), each of
which submitted a second comment
supporting the proposed name change
to ‘‘Pine Mountain-Cloverdale Peak.’’
The Sonoma County Winegrape
Commission (comment 61) and the
Mendocino Winegrape and Wine
Commission (comment 71) supported
the original Pine Mountain-Mayacmas
name, and the Lake County Winegrape
Commission (comment 59) and the
Spring Mountain District Association
(comment 76) opposed the original Pine
Mountain-Mayacmas name. None of
these four industry groups commented
on the proposed name change to Pine
Mountain-Cloverdale Peak.
The comments supporting a
modification of the name of the
viticultural area also gave rise to the
companion issue of the viticultural
significance of the modified name. The
following comments support the
viticultural significance of the full ‘‘Pine
Mountain-Cloverdale Peak’’ name
because it better describes the location
of the proposed viticultural area and
reduces the likelihood of consumer
confusion as compared to the originally
proposed ‘‘Mayacmas’’ name: Nos. 61,
62, 68, 70, 71, 75, 77, and 80.
Finally, two commenters proposed
altering the boundary line proposed in
Notice No. 105. After expressing
support for the ‘‘Pine MountainCloverdale Peak’’ name change,
comment 68 also proposes expanding
the northwest portion of the boundary
line to include more of the Cloverdale
Peak landform and altering the
boundary line to pass through the
summit of Cloverdale Peak; this
expansion would add 500 acres to the
proposed viticultural area.
According to comment 68, the
elevations in the proposed 500-acre
expansion area that includes the summit
of Cloverdale Peak are consistent with
the originally proposed Pine MountainMayacmas viticultural area: The Pine
Mountain area has elevations between
1,600 and 3,000 feet, and the Cloverdale
Peak area is located between 1,800 and
3,000 feet, with a 2,400-foot elevation
low point between the two mountain
landforms. The comment also suggests
that similar climatic factors exist in both
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areas because the elevations of the two
regions are similar. Comment 68 further
claims that the soils in the proposed
Cloverdale Peak expansion area are
generally the same as in the Pine
Mountain area, with a less than 2
percent addition of other soils, and that
both mountain landforms have upland
soils naturally occurring under brush or
forest cover. TTB notes that comment 68
did not include any supporting
documents or data relating to the
geographical features of the proposed
expansion area and their similarity to
the distinguishing features of the
proposed viticultural area. Comment 68
also states that there are currently no
vineyards or wineries located within the
proposed 500-acre expansion of the
proposed viticultural area.
An additional boundary line change
was proposed in response to Notice No.
105. A commenter proposed in
comments 58 and 67 that an additional
40 acres along the southwestern portion
of the proposed viticultural area be
included within the boundary line to
include his vineyards, although no
name or geographical features evidence
was submitted in support of this
proposed boundary line modification.
In addition, the Mendocino
Winegrape and Wine Commission made
TTB aware in comment 71 that the
proposed boundary line in Notice No.
105 created a small overlap with the
Mendocino viticultural area at the
western portion of the proposed
viticultural area.
Determination To Re-Open Public
Comment Period and Notice No. 112
TTB reviewed all comments received
in response to Notice No. 105 with
reference to the original petition
materials. Because of the potential
impact on label holders if TTB adopted
any of the changes proposed in the
comments, TTB determined that it was
appropriate to re-open the comment
period on Notice No. 105 for the
purpose of obtaining further public
comment on the three issues outlined
above that were raised in response to
Notice No. 105 and that affected the
original proposal before taking any
further regulatory action on this matter.
In Notice No. 112, published in the
Federal Register (75 FR 78944) on
December 17, 2010, TTB specifically
invited comments on the use of
‘‘Cloverdale Peak’’ as a geographical
name in conjunction with ‘‘Pine
Mountain’’ to form the ‘‘Pine MountainCloverdale Peak’’ viticultural area name.
TTB also invited comments on the
viticultural significance of the full ‘‘Pine
Mountain-Cloverdale Peak’’ name and
on the viticultural significance of ‘‘Pine
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Mountain-Cloverdale,’’ ‘‘Cloverdale
Peak,’’ and ‘‘Cloverdale’’ standing alone.
In addition, TTB invited comments on
whether the boundary line should be
expanded as suggested in the comments
posted in response to Notice No. 105.
The comment period for Notice No. 112
closed on February 15, 2011.
Comments Received in Response to
Notice No. 112
TTB received five comments in
response to Notice No. 112, all of which
support changing the name of the
proposed viticultural area to ‘‘Pine
Mountain-Cloverdale Peak.’’ Two
comments, Nos. 88 and 89, also
specifically comment on the viticultural
significance of the entire name ‘‘Pine
Mountain-Cloverdale Peak’’ as opposed
to ‘‘Pine Mountain-Cloverdale,’’ which
the commenters state could be
confusing or misleading for consumers
because the city of Cloverdale is outside
the boundary line of the proposed
viticultural area. In addition, three
comments support the 500-acre
expansion of the proposed viticultural
area to include the summit of
Cloverdale Peak. The commenters’
reasons for supporting this proposed
expansion include the area’s viticultural
distinctiveness and local name
recognition (comment 86) and the
avoidance of potential consumer
confusion (comments 87 and 89).
TTB Analysis
TTB carefully considered the
comments received in response to
Notice Nos. 105 and 112 and reviewed
all petition evidence and subsequent
documentation received in support of,
or in opposition to, the proposed
viticultural area.
TTB agrees with the public comments
that the ‘‘Mayacmas’’ portion of the
proposed name could be misleading or
confusing for consumers due to the
length of the Mayacmas Range, which
extends beyond the Pine Mountain
region, and TTB therefore believes that
‘‘Mayacmas’’ is an inappropriate name
for this viticultural area. After reviewing
the public comments as well as the
evidence provided in support of the
alternate ‘‘Cloverdale Peak’’ name, TTB
agrees that the proposed ‘‘Pine
Mountain-Cloverdale Peak’’ name is
appropriate for the viticultural area
because it more accurately and
specifically describes the location of the
viticultural area. TTB notes that the
proposed modified ‘‘Pine MountainCloverdale Peak’’ name received
significant public support, and the
modified name was not opposed by any
commenters during the original and reopened comment periods.
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TTB declines to accept the proposed
boundary line change to include the
summit of Cloverdale Peak within the
proposed Pine Mountain-Cloverdale
Peak viticultural area. Although some
comments assert that the inclusion of
the Cloverdale Peak summit within the
viticultural area will reduce the
likelihood of consumer confusion
relating to the location of the proposed
‘‘Pine Mountain-Cloverdale Peak’’
viticultural area, TTB notes the
following:
• As noted in comment 68, a portion
of the Cloverdale Peak landform is
already included within the boundary
line proposed in the petition, so the
‘‘Cloverdale Peak’’ geographical name
accurately identifies the location of the
proposed viticultural area;
• The contention that the proposed
expansion area shares the same
distinguishing features as the
petitioned-for area is contrary to
statements in the petition that areas to
the north and west of the proposed
boundary line are unsuitable for
viticulture due to steep terrain or
inadequate sun and heat;
• None of the comments supporting
the proposed expansion contain
sufficient supporting evidence or data to
establish that the proposed expansion
area shares the same distinguishing
features as the originally petitioned-for
viticultural area; and
• As conceded in comment 68, there
are currently no vineyards or wineries
located within the proposed expansion
area, with the result that the area cannot
be considered a ‘‘grape-growing region,’’
which is part of the definition of an
American viticultural area in 27 CFR
4.25(e)(1)(i). TTB further notes that the
expansion of the boundary line in this
way would be incompatible with the
‘‘area in which viticulture exists’’
principle contained in 27 CFR
9.12(a)(1), which was adopted
subsequent to the filing of the Pine
Mountain-Mayacmas petition (see T.D.
TTB–90, published in the Federal
Register at 76 FR 3489 on January 20,
2011).
Thus, for the above reasons, TTB
concludes that the boundary line
proposed in Notice No. 105 should not
be altered to add the proposed 500-acre
Cloverdale Peak summit expansion area.
TTB does not believe that it would be
appropriate to adjust the proposed
boundary line in response to comments
58 and 67. Those comments requested a
boundary line change to include one
person’s vineyards, which are located
southwest of the proposed boundary
line. This additional acreage has
elevations below 1,600 feet and as low
as 1,200 feet. Such lower elevations are
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not consistent with the proposed
viticultural area’s elevations, which are
above 1,600 feet. TTB notes that the
proposed viticultural area’s
distinguishing features are largely based
upon its high elevation and
mountainous topography, and the
commenter did not present any
evidence in support of his contention
that the same distinguishing features in
the viticultural area exist in the
proposed expansion area.
As noted above, the Mendocino
Winegrape and Wine Commission
pointed out in comment 71 that the
proposed boundary line in Notice No.
105 created a small overlap with the
Mendocino viticultural area in the
western region of the proposed
viticultural area. TTB believes that this
overlap, which involves approximately
30 acres, was inadvertent and should
not be included within the boundary
line in question.
Finally, TTB adds that it specifically
solicited comments in Notice No. 105
regarding whether the petition
contained sufficient evidence to warrant
the establishment of the proposed
viticultural area within the existing
North Coast viticultural area and
portions of the Alexander Valley and
Northern Sonoma viticultural areas.
TTB also invited comments about
whether the approval of the proposed
viticultural area with the overlap with
the Alexander Valley viticultural area is
appropriate and/or whether the
Alexander Valley and Northern Sonoma
viticultural areas should be curtailed to
avoid the overlap or expanded to
encompass the new area.
Although some supporting comments
state that the proposed viticultural area
is sufficiently distinct from the floor of
the Alexander Valley to warrant the
creation of a new viticultural area and
concur with the evidence presented in
the petition, TTB notes that no
comments oppose the inclusion of part
of the proposed Pine MountainCloverdale Peak viticultural area within
the Alexander Valley viticultural area.
In addition, no comments specifically
address the partial overlap of the
proposed viticultural area with the
Northern Sonoma viticultural area and
the inclusion of the proposed
viticultural area within the North Coast
viticultural area.
TTB Findings
After careful review of the petition
and the comments received in response
to Notice Nos. 105 and 112, TTB finds
that the evidence submitted supports
the establishment of the proposed
viticultural area, subject to the following
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alterations to the proposal in Notice No.
105:
• The name of the viticultural area
should be ‘‘Pine Mountain-Cloverdale
Peak,’’ as was proposed by the
petitioners in response to comments to
Notice No. 105; and
• The boundary line for the
viticultural area should be modified to
avoid the inadvertent overlap with the
Mendocino viticultural area that was
created by the boundary line proposed
in Notice No. 105.
With regard to the partial overlap
between the proposed viticultural area
and the Alexander Valley and Northern
Sonoma viticultural areas, as stated
above, the evidence set forth in the
petition shows that there are detailed,
significant differences between the
topography, climate, and soils of the
entire proposed viticultural area
(including the overlap area) and such
features of the greater portion of the
Alexander Valley viticultural area. This
evidence raises concerns that there may
be insufficient similarity between the
distinguishing features of the overlap
area and distinguishing features of the
rest of the Alexander Valley viticultural
area. However, considering the possible
alternatives, the strength of the evidence
presented in support of the similarity of
the distinguishing features within the
proposed viticultural area, and the fact
that the overlap area was specifically
added to the Alexander Valley
viticultural area by T.D. ATF–233, TTB
believes that the establishment of the
proposed viticultural area as described
above is the best alternative for
achieving the objectives of establishing
viticultural areas set forth in the
definition paragraph earlier in this
document.
TTB has further determined that only
the full name of the viticultural area,
‘‘Pine Mountain-Cloverdale Peak,’’ is
viticulturally significant as a result of
the establishment of this new
viticultural area because ‘‘Pine
Mountain’’ is a commonly used
geographic name for multiple locations
within the United States, and, as noted
in the comments to Notice No. 105, the
names of ‘‘Pine Mountain-Cloverdale’’
or ‘‘Cloverdale’’ alone are
geographically inaccurate and could
cause consumers to erroneously
associate the viticultural area with the
nearby city of Cloverdale, which is not
within the proposed boundary line.
Accordingly, under the authority of
the Federal Alcohol Administration Act
and part 4 of the TTB regulations, TTB
establishes the ‘‘Pine MountainCloverdale Peak’’ viticultural area in
Mendocino County and Sonoma
County, California, effective 30 days
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from the date of publication of this
document.
Boundary Description
See the narrative boundary
description of the viticultural area in the
regulatory text published at the end of
this document.
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, ‘‘Pine Mountain-Cloverdale
Peak,’’ 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 ‘‘Pine MountainCloverdale Peak’’ 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 ‘‘Pine
Mountain-Cloverdale Peak’’ as an
appellation of origin. The establishment
of the Pine Mountain-Cloverdale Peak
viticultural area will not affect the
boundary line of any existing
viticultural areas, and any wineries
using Alexander Valley, Northern
Sonoma, or North Coast as an
appellation of origin or in a brand name
for wines made from grapes grown
within a portion of the Pine MountainCloverdale Peak viticultural area that
overlaps one of those viticultural areas
will not be affected by the establishment
of this new viticultural area.
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
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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.
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
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
§ 9.220 to read as follows:
■
mstockstill on DSK4VPTVN1PROD with RULES
§ 9.220
Pine Mountain-Cloverdale Peak.
(a) Name. The name of the viticultural
area described in this section is ‘‘Pine
Mountain-Cloverdale Peak’’. For
purposes of part 4 of this chapter, ‘‘Pine
Mountain-Cloverdale Peak’’ is a term of
viticultural significance.
(b) Approved maps. The three United
States Geological Survey 1:24,000 scale
topographic maps used to determine the
boundary of the Pine MountainCloverdale Peak viticultural area are
titled:
(1) Asti Quadrangle—California, 1998;
VerDate Mar<15>2010
17:05 Oct 26, 2011
Jkt 226001
(2) Cloverdale Quadrangle—
California, 1960, photoinspected 1975;
and
(3) Highland Springs Quadrangle—
California, 1959, photorevised 1978.
(c) Boundary. The Pine MountainCloverdale Peak viticultural area is
located in Mendocino and Sonoma
Counties, California. The boundary of
the Pine Mountain-Cloverdale Peak
viticultural area is as described below:
(1) The beginning point is on the Asti
map at the intersection of Pine
Mountain Road and the SonomaMendocino County line, section 35,
T12N, R10W. From the beginning point,
proceed southwesterly on Pine
Mountain Road to its intersection with
a light duty road known locally as Green
Road, section 33, T12N, R10W; then
(2) Proceed northerly on Green Road
approximately 500 feet to its first
intersection with the 1,600-foot contour
line, section 33, T12N, R10W; then
(3) Proceed northwesterly along the
meandering 1,600-foot contour line,
crossing onto the Cloverdale map in
section 32, T12N, R10W, and continue
to the contour line’s intersection with
the eastern boundary line of section 31,
T12N, R10W; then
(4) Proceed straight north along the
eastern boundary line of section 31,
crossing the Sonoma-Mendocino line, to
the boundary line’s intersection with
the 1,600-foot contour line on the west
side of Section 29, T12N, R10W; then
(5) Proceed northeasterly along the
meandering 1,600-foot contour line to
its intersection with the intermittent
Ash Creek, section 29, T12N, R10W;
then
(6) Proceed northeasterly in a straight
line, crossing onto the Asti map, to the
unnamed 2,769-foot peak located south
of Salty Spring Creek, section 20, T12N,
R10W; then
(7) Continue northeasterly in a
straight line, crossing onto the Highland
Springs map, to the unnamed 2,792-foot
peak in the northeast quadrant of
section 21, T12N, R10W; then
(8) Proceed east-southeasterly in a
straight line, crossing onto the Asti map,
to the unnamed 2,198-foot peak in
section 23, T12N, R10W; and then
(9) Proceed south-southeasterly in a
straight line, returning to the beginning
point.
Signed: July 12, 2011.
John J. Manfreda,
Administrator.
Approved: September 16, 2011.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2011–27813 Filed 10–26–11; 8:45 am]
BILLING CODE 4810–31–P
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66637
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
29 CFR Part 2570
RIN 1210–AB49
Prohibited Transaction Exemption
Procedures; Employee Benefit Plans
Employee Benefits Security
Administration, Labor.
ACTION: Final rule.
AGENCY:
This document contains a
final rule that supersedes the existing
procedure governing the filing and
processing of applications for
administrative exemptions from the
prohibited transaction provisions of the
Employee Retirement Income Security
Act of 1974 (ERISA), the Internal
Revenue Code of 1986 (the Code), and
the Federal Employees’ Retirement
System Act of 1986 (FERSA). The
Secretary of Labor is authorized to grant
exemptions from the prohibited
transaction provisions of ERISA, the
Code, and FERSA and to establish an
exemption procedure to provide for
such relief. This final rule clarifies and
consolidates the Department of Labor’s
exemption procedures and provides the
public with a more comprehensive
description of the prohibited transaction
exemption process.
DATES: Effective Date: This final rule is
effective December 27, 2011, and
applies to all exemption applications
filed on or after that date.
FOR FURTHER INFORMATION CONTACT: Eric
A. Raps, Office of Exemption
Determinations, Employee Benefits
Security Administration, Room N–5700,
U.S. Department of Labor, Washington,
DC 20210, telephone (202) 693–8532.
This is not a toll-free number.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Background
On August 30, 2010, the Department
published a Notice of Proposed
Rulemaking in the Federal Register (75
FR 53172) that would update the
existing procedure governing the filing
and processing of applications for
administrative exemptions from the
prohibited transaction provisions of
ERISA, the Code, and FERSA, and
invited written comments from the
public concerning its contents. These
comments are available for review at
https://www.regulations.gov and also
under ‘‘Public Comments’’ on the ‘‘Laws
& Regulations’’ page of the Department’s
Employee Benefits Security
Administration (EBSA) Web site at
https://www.dol.gov/ebsa.
E:\FR\FM\27OCR1.SGM
27OCR1
Agencies
[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Rules and Regulations]
[Pages 66629-66637]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27813]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2010-0003; T.D. TTB-96; Notice Nos. 105, 107, and 112]
RIN 1513-AB41
Establishment of the Pine Mountain-Cloverdale Peak Viticultural
Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury Decision.
-----------------------------------------------------------------------
SUMMARY: This document establishes the 4,570-acre ``Pine Mountain-
Cloverdale Peak'' viticultural area in portions of Mendocino and Sonoma
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: November 28, 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 202-453-1039, ext. 002.
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) provides for 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, submission, and approval 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 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.
Pine Mountain-Mayacmas Petition
Sara Schorske of Compliance Service of America prepared and
submitted a petition on her own behalf and on behalf of local wine
industry members to establish the 4,600-acre Pine Mountain-Mayacmas
American viticultural area in northern California.
[[Page 66630]]
Located approximately 90 miles north of San Francisco and 5 miles
north-northeast of Cloverdale, the proposed viticultural area surrounds
much of Pine Mountain, which rises to the east of U.S. 101 and the
Russian River, to the north of that river's Big Sulphur Creek
tributary, and to the immediate west of the Mayacmas Mountains.
Approximately two-thirds of the proposed viticultural area lies in the
extreme southern portion of Mendocino County, with the remaining one-
third located in the extreme northern portion of Sonoma County.
According to the petition and the written boundary description, the
proposed viticultural area is totally within the multicounty North
Coast viticultural area (27 CFR 9.30) and overlaps the northernmost
portions of the Alexander Valley viticultural area (27 CFR 9.53) and
the Northern Sonoma viticultural area (27 CFR 9.70). The proposed area
currently has 230 acres of commercial vineyards, the petition states,
with another 150 acres under development.
The petition states that the distinguishing features of the
proposed viticultural area include its mountainous soils, steep
topography with high elevations, and a growing season climate that
contrasts with the climate of the Alexander Valley floor below. Also,
the petition notes that vineyards within the proposed viticultural area
generally are smaller than the vineyards found on the Alexander Valley
floor.
The supporting evidence presented in the petition is summarized
below.
Name Evidence
According to the petition, the ``Pine Mountain-Mayacmas'' name
combines the names of the major geographical features found within the
proposed viticultural area and serves to locate the proposed area
within northern California. As shown on the provided USGS maps, the
proposed viticultural area surrounds Pine Mountain, a 3,000-foot peak
located on the western flank of the Mayacmas Mountains in northern
Sonoma and southern Mendocino Counties.
The northern portion of the 1998 USGS Asti, California, quadrangle
map shows Pine Mountain rising to 3,000 feet in southern Mendocino
County, near the Sonoma County line. Also, as shown on the Asti map,
Pine Mountain Road climbs from the Cloverdale area and marks a portion
of the proposed viticultural area's southern boundary.
The October 2000 edition of the California State Automobile
Association's Mendocino and Sonoma Coast road map shows the Mayacamas
Mountains running north-northwest approximately from Mount St. Helena,
and continuing through the Pine Mountain region to Lake Mendocino. A
1956 regional map produced by the State of California Division of
Forestry, as provided with the petition, shows Pine Mountain located
northeast of Cloverdale.
The 1982 publication, ``Cloverdale Then & Now--Being a History of
Cloverdale, California, Its Environs, and Families,'' refers to the
Pine Mountain junction and the Pine Mountain toll road in discussing
the early roads of the region (page 3). This publication also includes
a 1942 picture of homesteaders Hubert and George Smith on Pine Mountain
(page 6). A 1985 article in the Redwood Rancher, ``The Early Wineries
of the Cloverdale Area,'' by William Cordtz, discusses the grape
growing of Mrs. Emily Preston in the late 1800s. The article states
that the Preston Winery ``was on Pine Mountain immediately north of the
present U.S. 101 bridge north of Cloverdale.''
The petition also notes that the Pine Mountain Mineral Water
Company bottled water from springs located on Pine Mountain for more
than 50 years, until the mid-1900s. A copy of one of the company's
bottle labels included with the petition prominently displays the
``Pine Mountain'' name with a tall mountain in the background and
springs in the foreground.
As noted in the petition and as shown on USGS maps, the Mayacmas
Mountain range covers portions of Mendocino, Sonoma, Napa, and Lake
Counties. The Mayacmas Mountain range separates Lake County from
Mendocino, Sonoma, and Napa Counties, and, the petition states, that
range defines the northern side of the Alexander Valley. According to
the petition, the mountains were named for the Mayacmas Indians.
Although the name is sometimes spelled ``Mayacamas'' or ``Maacama,''
``Mayacmas'' is the spelling used on USGS maps.
Noting that the name ``Pine Mountain'' is commonly used throughout
the United States, the petition states that the use of ``Mayacmas'' in
the proposed viticultural area's name acts as a geographic modifier
that pinpoints the proposed viticultural area's northern California
location. The petitioners believe that ``California'' is not an
appropriate geographical modifier for the viticultural area's name
because there are other Pine Mountains in California. The USGS
Geographical Names Information System (GNIS), for example, lists 21
additional ``Pine Mountains'' in California.
The petition also notes that the Mayacmas Mountains ``are closely
associated with winegrowing'' because the range is home to many
vineyards and wineries. The Mayacmas range, the petition states,
divides the grape growing regions of Ukiah and Clear Lake, and borders
the Alexander Valley viticultural area as well as the Napa Valley (27
CFR 9.23) and Sonoma Valley (27 CFR 9.29) viticultural areas. The
petition states that ``Mayacmas is an ideal modifier'' to distinguish
the proposed viticultural area ``from other places with similar names''
and will ``help consumers easily ascertain its general location.''
Boundary Evidence
According to the petition, the proposed 4,600-acre viticultural
area encompasses those portions of Pine Mountain and the mountain's
lower slopes that are suitable for viticulture. The petition states
that the boundary was drawn in consideration of the mountain's varying
steepness, water availability, and solar orientation.
The petition notes that within the proposed viticultural area,
vineyard development is generally limited to small, 5- to 20-acre plots
of flat or gently sloping ground found within the proposed area's
mountainous terrain. Size-limiting factors for these mountain vineyard
operations, the petition explains, include the need for tractor use and
economical erosion control. The mountain vineyards' patchwork
arrangement, the petition continues, contrasts to the larger vineyards,
some of 100 acres or more, found on the floor of the nearby Alexander
Valley.
The petition states that the south and southwest sides of Pine
Mountain, which are included within the boundary line for the proposed
viticultural area, have favorable growing season solar orientation as
compared to the less sunny sides of the mountain outside the proposed
boundary line, noting that successful viticulture depends partially on
a favorable solar orientation to provide adequate growing season
sunshine and heat accumulation. The below table summarizes the
rationale for the proposed viticultural area boundary line as described
in the petition:
[[Page 66631]]
------------------------------------------------------------------------
Sides of Pine Mountain in relationship
to the proposed viticultural area Viticultural considerations
------------------------------------------------------------------------
North: Outside boundary line........... Inadequate sun and heat.
East: Outside boundary line............ Inadequate sun and heat.
South and southwest at higher Some gentle slopes, good sun
elevations: Inside boundary line. exposure and heat
accumulation, and available
water.
South at lower elevations below Pine Steep terrain and lack of
Mountain Road: Outside boundary line. water.
West at higher elevations: Inside Some gentle slopes, good sun
boundary line. exposure and heat
accumulation, and available
water.
West at lower elevations: Outside Steep terrain.
boundary line.
------------------------------------------------------------------------
The history of grape-growing and winemaking in the Pine Mountain
region goes back to the 19th century, according to the petition. The
1877 ``Thompson Historical Atlas Map of Sonoma County'' lists several
grape growers with vineyards on or near Pine Mountain. The petition
states that these included George Allen's 2-acre vineyard on the slopes
of Pine Mountain, J.G. Rains' 10-acre vineyard, Clay Worth's 6-acre
vineyard at the base of Pine Mountain, and Wellington Appleton, who
owned 144 acres on the mountain's western slopes.
About 1910, the petition states, Steve Ratto developed a vineyard
and winery at the 1,700-foot elevation of Pine Mountain, and that site
is located inside the southwest portion of the boundary line of the
proposed viticultural area. That winery site is shown on a 1956 State
of California Division of Forestry map for the region that was included
with the petition. The petition notes that remnants of the old winery
building are still visible and that modern vineyards are on the site as
well.
The petition also describes the large vineyard and winery operation
of Hartwell and Emily Preston. The Preston Ranch, dating back to 1869,
came to include over 1,500 acres of land, with a 10-acre vineyard, an
oak cooperage, and a large winery and wine cellar. An October 29, 1874,
article in the Russian River Flag newspaper lauded Preston's ``Fruit
and Wine Ranch,'' and noted that it stretched from the eastern bank of
the Russian River to the slopes of Pine Mountain. Reports from the time
state that Preston harvested 40 tons of grapes from his vineyards in
1889. Much of the Preston winery's output was used in the various
patent medicines prescribed by Emily Preston, a well-known faith healer
of the time. According to the USGS Cloverdale Quadrangle map and an
additional map included with the petition, the former Preston vineyard
lies approximately one mile outside of the western boundary line of the
proposed viticultural area.
Distinguishing Features
Differences in topography, climate, and soils distinguish the
proposed viticultural area from the surrounding areas, according to the
petition.
Topography
The proposed viticultural area has a higher elevation and steeper
terrain than the Alexander Valley to the southwest of the proposed
viticultural area. Elevations within the proposed viticultural area
begin at 1,600 feet and rise to the 3,000-foot summit of Pine Mountain.
The terrain within the proposed viticultural area is generally steep
and mountainous, with patches of flatter ground within this steep
terrain allowing for the development of areas of small, 5- to 20-acre
vineyards.
In contrast, to the west and south, the Alexander Valley floor
rises from about 260 feet in elevation at the Russian River and
continues easterly and upward to the foothills of Pine Mountain and the
Mayacmas Mountains. This flatter, lower terrain allows for the
development of larger vineyards, some 100 acres or more, with different
viticultural characteristics than those found in the small mountain
vineyards. Areas to the north and east of the proposed viticultural
area, while similar in elevation and steepness, lack the flatter
patches of ground and water resources needed for vineyard development.
Climate
The distinctive growing season climatic factors of the proposed
viticultural area include limited marine fog cover, abundant sunshine,
mild diurnal temperature changes, significant wind, and heavy winter
rainfall, according to the petition. Quoting local growers, the
petition states that the cooler spring climate of Pine Mountain delays
the start of vine growth by about 2 weeks, as compared to valley
vineyards. The petition also notes that the proposed viticultural
area's growing season climate is cooler during the day, warmer at
night, windier, and wetter than the surrounding lower elevation grape
growing areas.
In support of these conclusions, the petitioners gathered climatic
data from six regional weather stations located within and in areas
surrounding the proposed viticultural area. These were: Cloverdale
(southwest of Pine Mountain at 333 feet), Hopland East (north-northwest
of Pine Mountain at 1,160 feet), Hopland West (northwest of Pine
Mountain at 1,200 feet), Sanel Valley (north-northwest of Pine Mountain
at 525 feet), Alexander Valley (at the Seghesio Vineyards valley
weather station, south-southwest of Pine Mountain at 350 feet), and
Pine Mountain (at the Seghesio Vineyards mountain weather station,
within the proposed viticultural area boundary line at 2,600 feet in
elevation).
Fog: Despite the later start of the grape growing season at the
higher elevations of the proposed viticultural area, the differing
elevation-based fog patterns found on Pine Mountain allow grape growth
within the proposed viticultural area to catch up with the earlier
start of the valley vineyards, according to local growers. The petition
states that the heavy fog that frequently blankets the surrounding
valley floors fails to rise to the 1,600-foot minimum elevation of the
proposed viticultural area boundary line. The petition describes the
mountain as a sunny island floating above the fog, and the petition
included pictorial documentation of this phenomenon.
The petition states that the proposed viticultural area averages 3
to 4 hours more sunlight per day than the Alexander Valley during the
growing season. While the valley remains blanketed under a heavy fog
layer until late morning and then again later in the afternoon, the
higher Pine Mountain elevations routinely bask in sunshine all day
long. The extra sunlight and resulting longer daily period of warmth
found on the higher slopes of Pine Mountain allow grapes to develop
quickly and mature around the same time as those grown in valley floor
vineyards.
Temperatures: During the growing season, daytime high temperatures
within the proposed viticultural area are
[[Page 66632]]
consistently cooler, and overnight temperatures are consistently
warmer, than those found on the Alexander Valley floor, according to
the petition. The petition includes temperature data gathered by local
grape grower John Copeland, who gathered hourly temperature readings at
several sites within the proposed viticultural area prior to planting
his vineyards there. The petitioners combined Mr. Copeland's data and
that of the valley weather stations noted above to document the diurnal
temperature differences between the proposed area and the lower valley
floor. The average temperature differences between the higher
elevations on Pine Mountain and the lower elevations on the Alexander
Valley floor are shown in the table below:
----------------------------------------------------------------------------------------------------------------
Diurnal temperature
Region and elevation High temperature Low temperature variation (in
([deg]F) ([deg]F) [deg]F)
----------------------------------------------------------------------------------------------------------------
Pine Mountain (2,200 feet).................... 74 60 14
Valley floor (225 feet)....................... 84 49 35
----------------------------------------------------------------------------------------------------------------
The petition states that nights are warmer on the slopes of Pine
Mountain mainly because cool night mountain air, being heavier than
warm air, drains off the mountain into the valley below. This downward
nocturnal air flow leaves the slopes of Pine Mountain relatively warmer
as compared to the cooler valley. In addition, the petition explains
that the marine inversion, a summer coastal phenomenon, results from a
layer of cool, heavy, and moist marine air and fog that slips beneath
the layer of warmer air. This cool, foggy air blankets the Alexander
Valley floor and does not mix with the lighter, warm air above it on
the mountain slopes. This phenomenon, the petition continues, inverts
the normal mountainous air temperature pattern of cooler temperatures
above and warmer temperatures below.
Wind: The proposed viticultural area climate includes stronger and
more frequent winds than those found in the valley below, the petition
explains. The petition states that local growers report that Pine
Mountain vineyards are naturally free of mildew, a vineyard malady
commonly found in areas with more stagnant air.
Precipitation: The petition notes that the proposed viticultural
area receives 30 to 60 percent more rainfall than the valley below.
Southern storms often stall over Pine Mountain and the Mayacmas range,
dropping more rain than in other areas. Pine Mountain also receives
some upper elevation-based snow, something not encountered on the
Alexander Valley floor below, the petition explains.
Soils
According to the petition, the mountain soils within the proposed
viticultural area are significantly different from the alluvial valley
soils found at lower elevations outside the proposed area. The petition
documents these differences using United States Department of
Agriculture online soil maps for Mendocino and Sonoma Counties.
However, as the petition notes, the two county soil maps use
different soils names since the two counties' soil surveys were
conducted years apart using different name protocols. Specifically, the
Sonoma County Soil Survey shows that the portion of the proposed
viticultural area that lies within that county falls within the Los
Gatos-Hennecke-Maymen association, with the Los Gatos soils series the
predominant soil type. The Mendocino County Soil Survey, however, shows
that the portion of the proposed viticultural area within that county
falls within the Maymen-Estel-Snook association.
To show that the soils within the proposed viticultural area are
generally the same in each county, the petition also provides
descriptions of the physical characteristics of the proposed
viticultural area soils. The petition describes the parent materials of
the proposed viticultural area soils as fractured shale and weathered
sandstone. The petition notes that soils within the proposed
viticultural area are mountainous types, which are generally steep,
shallow to moderately deep, and very well to excessively well-drained.
Also, these mountain soils include large amounts of sand and gravel.
Pine Mountain soils are generally less than 3 feet in depth, the
petition continues, with more than half at depths of 12 inches or less.
In contrast, soils found on the Alexander Valley floor and in other
lower elevation areas outside the proposed viticultural area are
deeper, less well-drained alluvial soils.
Overlap With Established Viticultural Areas
The Sonoma County portion of the proposed viticultural area lies
almost entirely within the northern portion of the established
Alexander Valley viticultural area, which, in turn, lies within the
northern portion of the established Northern Sonoma viticultural area.
The Alexander Valley and Northern Sonoma viticultural areas both lie
totally within the North Coast viticultural area. While located in
whole or in part within these existing viticultural areas, the
petitioners believe that the proposed viticultural area is
distinguishable from those viticultural areas.
For example, the petition states that the 76,034-acre Alexander
Valley viticultural area largely consists of lower elevation valley
floor along the Russian River, with vineyards located below 600 feet,
while the proposed viticultural area largely consists of mountainous
terrain located above 1,600 feet. Further, as noted above, the petition
includes climatic data documenting the differing valley and mountain
growing season temperatures, wind, and fog patterns found in this
region.
In addition, the petition notes that the 349,833-acre Northern
Sonoma viticultural area extends 40 miles south from the Mendocino-
Sonoma County line to the southernmost reaches of the Russian River
Valley viticultural area (27 CFR 9.66) southwest of Sebastopol. In
addition to the Russian River Valley and Alexander Valley viticultural
areas, the large Northern Sonoma viticultural area includes the Knights
Valley (27 CFR 9.76), Chalk Hill (27 CFR 9.52), Green Valley of Russian
River Valley (27 CFR 9.57), and Dry Creek Valley (27 CFR 9.64)
viticultural areas with their differing microclimates and terrains.
According to the petition, the diversity within the Northern Sonoma
viticultural area as a whole stands in contrast to the uniform climate
and terrain found within the proposed viticultural area.
The established North Coast viticultural area lies north and
northwest of San Francisco, and includes all of Sonoma County and
portions of Mendocino, Napa, Lake, Solano, and Marin Counties. This
very large viticultural area's distinguishing features include its
distinctive coastal climate and topography. Although the proposed
viticultural area has a somewhat similar climate, the petition notes,
the proposed viticultural area is small, is limited to higher
elevations,
[[Page 66633]]
and is less foggy than the general North Coast viticultural area
climate.
Relationship to Existing Viticultural Areas
Alexander Valley Viticultural Area
The original Treasury Decision, T.D. ATF-187, establishing the more
than 60,000-acre Alexander Valley viticultural area, was published in
the Federal Register (49 FR 42719) on October 24, 1984. In the
discussion of geographical features, T.D. ATF-187 relied on the
geographical features of the valley floor and specifically excluded the
mountainous area to the east, primarily because these areas were
determined to have geographical features different from those in the
established viticultural area. T.D. ATF-187 stated that the mountainous
area has an average rainfall of 30 to 70 inches, temperatures of 54 to
58 degrees Fahrenheit, and a frost-free season of 230 to 270 days, but
that the valley floor has an average rainfall of 25 to 50 inches,
temperatures of 54 to 60 degrees Fahrenheit, and a frost-free season of
240 to 260 days. Regarding soils, T.D. ATF-187 stated that the
mountainous area to the east is characterized primarily by the
Goulding-Toomes-Guenoc and Henneke-Maymen associations, but the valley
floor is characterized by the Yolo-Cortina-Pleasanton association. TTB
notes that the temperature and frost-free season data concerning the
valley and the mountainous areas, though different, are not so
different as to be considered significantly different.
The area within the Alexander Valley viticultural area that also
overlaps the proposed viticultural area was added in Treasury Decision
(T.D.) ATF-233, published in the Federal Register (51 FR 30352) on
August 26, 1986. In discussing the proposal to add approximately 1,536
acres to the existing Alexander Valley viticultural area ``at
elevations between 1,600 feet and 2,400 feet above sea level on Pine
Mountain,'' T.D. ATF-233 recognized that ``the land in the area shares
similar geological history, topographical features, soils, and climatic
conditions as adjoining land within the previously established boundary
of the [Alexander Valley] viticultural area.''
However, the petition provides more detailed evidence regarding the
geographical features that distinguish the entire proposed viticultural
area (including the overlap area) from the greater portion of the
Alexander Valley viticultural area. That evidence details the
significant differences between the areas in comparable night and day
temperatures, rainfall, and soils. The petitioner also included
evidence that the proposed viticultural area climate includes stronger
and more frequent winds than those found in the valley below.
Northern Sonoma Viticultural Area
The Alexander Valley viticultural area is entirely within the
Northern Sonoma viticultural area, and the area of overlap created by
the proposed viticultural area is the same with respect to both the
Northern Sonoma and the Alexander Valley viticultural areas. In
addition, TTB notes that the name recognition for the Northern Sonoma
viticultural area does not extend into the portion of the proposed
viticultural area that is outside the boundary line for the Alexander
Valley viticultural area. Historically, the outer boundaries of four
viticultural areas (Alexander Valley, Dry Creek Valley, Russian River
Valley, and Knights Valley) have been used to define the boundary of
the Northern Sonoma viticultural area.
T.D. ATF-204, published in the Federal Register (50 FR 20560) on
May 17 1985, established the Northern Sonoma viticultural area and
includes the following statement:
`` * * * Six approved viticultural areas are located entirely
within the Northern Sonoma viticultural area as follows: Chalk Hill,
Alexander Valley, Sonoma County Green Valley [subsequently renamed
Green Valley of Russian River Valley], Dry Creek Valley, Russian
River Valley, and Knights Valley.
The Sonoma County Green Valley and Chalk Hill areas are each
entirely within the Russian River Valley area. The boundaries of the
Alexander Valley, Dry Creek Valley, Russian River Valley, and
Knights Valley areas all fit perfectly together dividing northern
Sonoma County into four large areas. The Northern Sonoma area uses
all of the outer boundaries of these four areas with the exception
of an area southwest of the Dry Creek Valley area and west of the
Russian River Valley * * * ''
TTB also notes that the Northern Sonoma viticultural area boundary
has been adjusted twice to keep it coterminous with the outer
boundaries of the four viticultural areas mentioned in T.D. ATF-204
(see T.D. ATF-233, published in the Federal Register on August 26,
1986, 51 FR 30352, and T.D. ATF-300, published in the Federal Register
on August 9, 1990, 55 FR 32400).
North Coast Viticultural Area
In addition to what was previously stated in this document
concerning the North Coast viticultural area, TTB notes that this
viticultural area, which was established by T.D. ATF-145 (published in
the Federal Register at 48 FR 42973 on September 21, 1983), encompasses
approximately 40 established viticultural areas, as well as the
proposed viticultural area, in northern California. In the
``Geographical Features'' portion of the preamble, T.D. ATF-145 states
that climate is the major factor in distinguishing the North Coast
viticultural area from surrounding areas, that all the areas within the
North Coast viticultural area receive marine air, and that most of them
also receive fog. T.D. ATF-145 also 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 viticultural area exhibits the basic geographical
feature of the North Coast viticultural area: Marine air that results
in greater amounts of rain. However, the geographical features of the
proposed viticultural area are much more uniform in than those of the
North Coast viticultural area. In this regard, T.D. ATF-145
specifically notes 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 * * *.''
Notices of Proposed Rulemaking and Comments Received
In Notice No. 105, published in the Federal Register (75 FR 29686)
on May 27, 2010, TTB described the petitioners' rationale for the
proposed establishment of the Pine Mountain-Mayacmas viticultural area
and requested comments on the proposal on or before July 26, 2010. TTB
specifically invited comments regarding: (1) Whether the petition
contains sufficient evidence regarding the distinguishing features of
the proposed viticultural area; (2) whether the evidence submitted
warrants the establishment of the proposed viticultural area within the
existing North Coast viticultural area and portions of the Alexander
Valley and Northern Sonoma viticultural areas; (3) whether the approval
of the proposed viticultural area with the overlap with the Alexander
Valley viticultural area is appropriate and/or whether the Alexander
Valley and Northern Sonoma viticultural areas should be curtailed to
avoid the overlap or expanded to encompass the new area; and (4) the
appropriateness of the proposed ``Pine Mountain-Mayacmas'' name,
including its spelling, viticultural significance, and potential
conflicts with currently used brand names.
[[Page 66634]]
On July 16, 2010, TTB received a letter request from attorney
Richard Mendelson on behalf of the Napa Valley Vintners (NVV), a wine
industry trade association, which requested a 45-day extension of the
comment period for Notice No. 105 to allow the NVV to complete and
thoroughly vet its comments on the proposed viticultural area. In
response to that request, on July 26, 2010, TTB published in the
Federal Register (75 FR 43446) Notice No. 107 to extend the comment
period for Notice No. 105 to September 9, 2010.
Comments Received in Response to Notice No. 105
During the course of the original and extended comment period on
Notice No. 105, TTB received and posted 85 comments from 70 groups and
individuals. Commenters included 36 industry members and 34 non-
industry individuals. Of the commenters, 52 supported and 18 opposed
the establishment of the Pine Mountain-Mayacmas viticultural area with
the proposed name and boundary line. The comments in opposition to the
proposal as published raised three issues that could warrant a change
in the regulatory text proposed in Notice No. 105: (1) The
appropriateness of the proposed Pine Mountain-Mayacmas name; (2) the
viticultural significance of a suggested modified name for the proposed
viticultural area; and (3) the inclusion of additional acreage within
the boundary of the viticultural area.
With regard to the appropriateness of the Pine Mountain-Mayacmas
name, some commenters questioned the ``Mayacmas'' portion of the name
because it is associated with the four counties of Napa, Sonoma, Lake,
and Mendocino in northern California rather than only the area within
the proposed viticultural area boundary. TTB notes that ``Mayacmas''
refers to the Mayacmas Range, which is the mountain range that extends
generally north from San Pablo Bay and divides the Napa Valley
viticultural area from the Sonoma Valley viticultural area. The
Mayacmas Range is a significant landform for both valleys. The
following comments in response to Notice No. 105 stated opposition to
the Pine Mountain-Mayacmas name: Nos. 41, 43, 44, 45, 48, 50, 53, 55,
56, 57, 59, 60, 63, 65, 76, 78, 79, 81, and 82 (comments 45 and 78 were
submitted by the same commenter).
In response to comments opposing the ``Mayacmas'' modifier, the
``Cloverdale Peak'' geographical modifier was proposed in comment 62 by
Barry Hoffner, a representative for the Pine Mountain vineyard owners.
In comment 62, Mr. Hoffner describes the Pine Mountain growers as a
unified group of 13 vineyard owners along the Sonoma-Mendocino boundary
line, northeast of the town of Cloverdale. In comment 62, Mr. Hoffner
explains that when opposition to the ``Mayacmas'' portion of the
proposed ``Pine Mountain-Mayacmas'' name was expressed in some
comments, the growers decided, after careful consideration and meetings
with other industry groups, to propose to change the name of the
proposed viticultural area to ``Pine Mountain-Cloverdale Peak.''
Cloverdale Peak is a mountain landform that adjoins Pine Mountain and
has similar elevations. Comment 62 emphasizes that the combination of
the ``Pine Mountain'' and ``Cloverdale Peak'' names more accurately
describes the geographical location of the proposed viticultural area
and would effectively address the industry opposition relating to its
name.
Comment 68, submitted by Sara Schorske of Compliance Service of
America (and the originator of the Pine Mountain-Mayacmas viticultural
area petition), expresses support for the ``Cloverdale Peak'' name
change proposed in comment 62 and states that it would provide better
information for consumers by providing a more unique and specific
geographical indicator for ``Pine Mountain.'' Comment 68 also provides
substantiating documentation for the change, which includes various
references in the petition and its exhibits to Cloverdale and its
historical and current association with Pine Mountain. Comment 68
further states that Pine Mountain and Cloverdale Peak are neighboring
peaks in the same range and that a portion of the Cloverdale Peak
landform is already included within the proposed boundary line.
According to comment 68, Cloverdale Peak is identified on the
Highland Springs USGS quadrangle map. Cloverdale Peak Road extends from
Hopland to the western slope of Cloverdale Peak, and the https://www.trails.com Web site identifies Cloverdale Peak as a hiking and
recreational destination. In addition, as noted in comment 70,
submitted by the NVV, Cloverdale Peak Road begins near the center of
the proposed viticultural area and runs northward through the area.
A number of commenters subsequently supported the use of the
``Cloverdale Peak'' name instead of ``Mayacmas.'' Comments submitted in
response to Notice No. 105 that specifically supported the name change
to ``Pine Mountain-Cloverdale Peak'' were as follows: Nos. 61, 62, 68,
69, 70, 71, 72, 73, 74, 75, 77, and 80. The comments supporting the
proposed name change were submitted by individuals, vineyard and winery
owners, industry association groups, and United States Congressman Mike
Thompson.
The NVV (comments 64 and 70) also endorsed the modified ``Pine
Mountain-Cloverdale Peak'' name. Comments from other industry groups
include the Pine Mountain growers (comments 46 and 62) and the Mount
Veeder Appellation Council (comments 63 and 72), each of which
submitted a second comment supporting the proposed name change to
``Pine Mountain-Cloverdale Peak.'' The Sonoma County Winegrape
Commission (comment 61) and the Mendocino Winegrape and Wine Commission
(comment 71) supported the original Pine Mountain-Mayacmas name, and
the Lake County Winegrape Commission (comment 59) and the Spring
Mountain District Association (comment 76) opposed the original Pine
Mountain-Mayacmas name. None of these four industry groups commented on
the proposed name change to Pine Mountain-Cloverdale Peak.
The comments supporting a modification of the name of the
viticultural area also gave rise to the companion issue of the
viticultural significance of the modified name. The following comments
support the viticultural significance of the full ``Pine Mountain-
Cloverdale Peak'' name because it better describes the location of the
proposed viticultural area and reduces the likelihood of consumer
confusion as compared to the originally proposed ``Mayacmas'' name:
Nos. 61, 62, 68, 70, 71, 75, 77, and 80.
Finally, two commenters proposed altering the boundary line
proposed in Notice No. 105. After expressing support for the ``Pine
Mountain-Cloverdale Peak'' name change, comment 68 also proposes
expanding the northwest portion of the boundary line to include more of
the Cloverdale Peak landform and altering the boundary line to pass
through the summit of Cloverdale Peak; this expansion would add 500
acres to the proposed viticultural area.
According to comment 68, the elevations in the proposed 500-acre
expansion area that includes the summit of Cloverdale Peak are
consistent with the originally proposed Pine Mountain-Mayacmas
viticultural area: The Pine Mountain area has elevations between 1,600
and 3,000 feet, and the Cloverdale Peak area is located between 1,800
and 3,000 feet, with a 2,400-foot elevation low point between the two
mountain landforms. The comment also suggests that similar climatic
factors exist in both
[[Page 66635]]
areas because the elevations of the two regions are similar. Comment 68
further claims that the soils in the proposed Cloverdale Peak expansion
area are generally the same as in the Pine Mountain area, with a less
than 2 percent addition of other soils, and that both mountain
landforms have upland soils naturally occurring under brush or forest
cover. TTB notes that comment 68 did not include any supporting
documents or data relating to the geographical features of the proposed
expansion area and their similarity to the distinguishing features of
the proposed viticultural area. Comment 68 also states that there are
currently no vineyards or wineries located within the proposed 500-acre
expansion of the proposed viticultural area.
An additional boundary line change was proposed in response to
Notice No. 105. A commenter proposed in comments 58 and 67 that an
additional 40 acres along the southwestern portion of the proposed
viticultural area be included within the boundary line to include his
vineyards, although no name or geographical features evidence was
submitted in support of this proposed boundary line modification.
In addition, the Mendocino Winegrape and Wine Commission made TTB
aware in comment 71 that the proposed boundary line in Notice No. 105
created a small overlap with the Mendocino viticultural area at the
western portion of the proposed viticultural area.
Determination To Re-Open Public Comment Period and Notice No. 112
TTB reviewed all comments received in response to Notice No. 105
with reference to the original petition materials. Because of the
potential impact on label holders if TTB adopted any of the changes
proposed in the comments, TTB determined that it was appropriate to re-
open the comment period on Notice No. 105 for the purpose of obtaining
further public comment on the three issues outlined above that were
raised in response to Notice No. 105 and that affected the original
proposal before taking any further regulatory action on this matter.
In Notice No. 112, published in the Federal Register (75 FR 78944)
on December 17, 2010, TTB specifically invited comments on the use of
``Cloverdale Peak'' as a geographical name in conjunction with ``Pine
Mountain'' to form the ``Pine Mountain-Cloverdale Peak'' viticultural
area name. TTB also invited comments on the viticultural significance
of the full ``Pine Mountain-Cloverdale Peak'' name and on the
viticultural significance of ``Pine Mountain-Cloverdale,'' ``Cloverdale
Peak,'' and ``Cloverdale'' standing alone. In addition, TTB invited
comments on whether the boundary line should be expanded as suggested
in the comments posted in response to Notice No. 105. The comment
period for Notice No. 112 closed on February 15, 2011.
Comments Received in Response to Notice No. 112
TTB received five comments in response to Notice No. 112, all of
which support changing the name of the proposed viticultural area to
``Pine Mountain-Cloverdale Peak.'' Two comments, Nos. 88 and 89, also
specifically comment on the viticultural significance of the entire
name ``Pine Mountain-Cloverdale Peak'' as opposed to ``Pine Mountain-
Cloverdale,'' which the commenters state could be confusing or
misleading for consumers because the city of Cloverdale is outside the
boundary line of the proposed viticultural area. In addition, three
comments support the 500-acre expansion of the proposed viticultural
area to include the summit of Cloverdale Peak. The commenters' reasons
for supporting this proposed expansion include the area's viticultural
distinctiveness and local name recognition (comment 86) and the
avoidance of potential consumer confusion (comments 87 and 89).
TTB Analysis
TTB carefully considered the comments received in response to
Notice Nos. 105 and 112 and reviewed all petition evidence and
subsequent documentation received in support of, or in opposition to,
the proposed viticultural area.
TTB agrees with the public comments that the ``Mayacmas'' portion
of the proposed name could be misleading or confusing for consumers due
to the length of the Mayacmas Range, which extends beyond the Pine
Mountain region, and TTB therefore believes that ``Mayacmas'' is an
inappropriate name for this viticultural area. After reviewing the
public comments as well as the evidence provided in support of the
alternate ``Cloverdale Peak'' name, TTB agrees that the proposed ``Pine
Mountain-Cloverdale Peak'' name is appropriate for the viticultural
area because it more accurately and specifically describes the location
of the viticultural area. TTB notes that the proposed modified ``Pine
Mountain-Cloverdale Peak'' name received significant public support,
and the modified name was not opposed by any commenters during the
original and re-opened comment periods.
TTB declines to accept the proposed boundary line change to include
the summit of Cloverdale Peak within the proposed Pine Mountain-
Cloverdale Peak viticultural area. Although some comments assert that
the inclusion of the Cloverdale Peak summit within the viticultural
area will reduce the likelihood of consumer confusion relating to the
location of the proposed ``Pine Mountain-Cloverdale Peak'' viticultural
area, TTB notes the following:
As noted in comment 68, a portion of the Cloverdale Peak
landform is already included within the boundary line proposed in the
petition, so the ``Cloverdale Peak'' geographical name accurately
identifies the location of the proposed viticultural area;
The contention that the proposed expansion area shares the
same distinguishing features as the petitioned-for area is contrary to
statements in the petition that areas to the north and west of the
proposed boundary line are unsuitable for viticulture due to steep
terrain or inadequate sun and heat;
None of the comments supporting the proposed expansion
contain sufficient supporting evidence or data to establish that the
proposed expansion area shares the same distinguishing features as the
originally petitioned-for viticultural area; and
As conceded in comment 68, there are currently no
vineyards or wineries located within the proposed expansion area, with
the result that the area cannot be considered a ``grape-growing
region,'' which is part of the definition of an American viticultural
area in 27 CFR 4.25(e)(1)(i). TTB further notes that the expansion of
the boundary line in this way would be incompatible with the ``area in
which viticulture exists'' principle contained in 27 CFR 9.12(a)(1),
which was adopted subsequent to the filing of the Pine Mountain-
Mayacmas petition (see T.D. TTB-90, published in the Federal Register
at 76 FR 3489 on January 20, 2011).
Thus, for the above reasons, TTB concludes that the boundary line
proposed in Notice No. 105 should not be altered to add the proposed
500-acre Cloverdale Peak summit expansion area.
TTB does not believe that it would be appropriate to adjust the
proposed boundary line in response to comments 58 and 67. Those
comments requested a boundary line change to include one person's
vineyards, which are located southwest of the proposed boundary line.
This additional acreage has elevations below 1,600 feet and as low as
1,200 feet. Such lower elevations are
[[Page 66636]]
not consistent with the proposed viticultural area's elevations, which
are above 1,600 feet. TTB notes that the proposed viticultural area's
distinguishing features are largely based upon its high elevation and
mountainous topography, and the commenter did not present any evidence
in support of his contention that the same distinguishing features in
the viticultural area exist in the proposed expansion area.
As noted above, the Mendocino Winegrape and Wine Commission pointed
out in comment 71 that the proposed boundary line in Notice No. 105
created a small overlap with the Mendocino viticultural area in the
western region of the proposed viticultural area. TTB believes that
this overlap, which involves approximately 30 acres, was inadvertent
and should not be included within the boundary line in question.
Finally, TTB adds that it specifically solicited comments in Notice
No. 105 regarding whether the petition contained sufficient evidence to
warrant the establishment of the proposed viticultural area within the
existing North Coast viticultural area and portions of the Alexander
Valley and Northern Sonoma viticultural areas. TTB also invited
comments about whether the approval of the proposed viticultural area
with the overlap with the Alexander Valley viticultural area is
appropriate and/or whether the Alexander Valley and Northern Sonoma
viticultural areas should be curtailed to avoid the overlap or expanded
to encompass the new area.
Although some supporting comments state that the proposed
viticultural area is sufficiently distinct from the floor of the
Alexander Valley to warrant the creation of a new viticultural area and
concur with the evidence presented in the petition, TTB notes that no
comments oppose the inclusion of part of the proposed Pine Mountain-
Cloverdale Peak viticultural area within the Alexander Valley
viticultural area. In addition, no comments specifically address the
partial overlap of the proposed viticultural area with the Northern
Sonoma viticultural area and the inclusion of the proposed viticultural
area within the North Coast viticultural area.
TTB Findings
After careful review of the petition and the comments received in
response to Notice Nos. 105 and 112, TTB finds that the evidence
submitted supports the establishment of the proposed viticultural area,
subject to the following alterations to the proposal in Notice No. 105:
The name of the viticultural area should be ``Pine
Mountain-Cloverdale Peak,'' as was proposed by the petitioners in
response to comments to Notice No. 105; and
The boundary line for the viticultural area should be
modified to avoid the inadvertent overlap with the Mendocino
viticultural area that was created by the boundary line proposed in
Notice No. 105.
With regard to the partial overlap between the proposed
viticultural area and the Alexander Valley and Northern Sonoma
viticultural areas, as stated above, the evidence set forth in the
petition shows that there are detailed, significant differences between
the topography, climate, and soils of the entire proposed viticultural
area (including the overlap area) and such features of the greater
portion of the Alexander Valley viticultural area. This evidence raises
concerns that there may be insufficient similarity between the
distinguishing features of the overlap area and distinguishing features
of the rest of the Alexander Valley viticultural area. However,
considering the possible alternatives, the strength of the evidence
presented in support of the similarity of the distinguishing features
within the proposed viticultural area, and the fact that the overlap
area was specifically added to the Alexander Valley viticultural area
by T.D. ATF-233, TTB believes that the establishment of the proposed
viticultural area as described above is the best alternative for
achieving the objectives of establishing viticultural areas set forth
in the definition paragraph earlier in this document.
TTB has further determined that only the full name of the
viticultural area, ``Pine Mountain-Cloverdale Peak,'' is viticulturally
significant as a result of the establishment of this new viticultural
area because ``Pine Mountain'' is a commonly used geographic name for
multiple locations within the United States, and, as noted in the
comments to Notice No. 105, the names of ``Pine Mountain-Cloverdale''
or ``Cloverdale'' alone are geographically inaccurate and could cause
consumers to erroneously associate the viticultural area with the
nearby city of Cloverdale, which is not within the proposed boundary
line.
Accordingly, under the authority of the Federal Alcohol
Administration Act and part 4 of the TTB regulations, TTB establishes
the ``Pine Mountain-Cloverdale Peak'' viticultural area in Mendocino
County and Sonoma County, California, effective 30 days from the date
of publication of this document.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this document.
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, ``Pine Mountain-Cloverdale Peak,'' 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 ``Pine
Mountain-Cloverdale Peak'' 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 ``Pine Mountain-Cloverdale
Peak'' as an appellation of origin. The establishment of the Pine
Mountain-Cloverdale Peak viticultural area will not affect the boundary
line of any existing viticultural areas, and any wineries using
Alexander Valley, Northern Sonoma, or North Coast as an appellation of
origin or in a brand name for wines made from grapes grown within a
portion of the Pine Mountain-Cloverdale Peak viticultural area that
overlaps one of those viticultural areas will not be affected by the
establishment of this new viticultural area.
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
[[Page 66637]]
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.
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. 9.220 to read as follows:
Sec. 9.220 Pine Mountain-Cloverdale Peak.
(a) Name. The name of the viticultural area described in this
section is ``Pine Mountain-Cloverdale Peak''. For purposes of part 4 of
this chapter, ``Pine Mountain-Cloverdale Peak'' is a term of
viticultural significance.
(b) Approved maps. The three United States Geological Survey
1:24,000 scale topographic maps used to determine the boundary of the
Pine Mountain-Cloverdale Peak viticultural area are titled:
(1) Asti Quadrangle--California, 1998;
(2) Cloverdale Quadrangle--California, 1960, photoinspected 1975;
and
(3) Highland Springs Quadrangle--California, 1959, photorevised
1978.
(c) Boundary. The Pine Mountain-Cloverdale Peak viticultural area
is located in Mendocino and Sonoma Counties, California. The boundary
of the Pine Mountain-Cloverdale Peak viticultural area is as described
below:
(1) The beginning point is on the Asti map at the intersection of
Pine Mountain Road and the Sonoma-Mendocino County line, section 35,
T12N, R10W. From the beginning point, proceed southwesterly on Pine
Mountain Road to its intersection with a light duty road known locally
as Green Road, section 33, T12N, R10W; then
(2) Proceed northerly on Green Road approximately 500 feet to its
first intersection with the 1,600-foot contour line, section 33, T12N,
R10W; then
(3) Proceed northwesterly along the meandering 1,600-foot contour
line, crossing onto the Cloverdale map in section 32, T12N, R10W, and
continue to the contour line's intersection with the eastern boundary
line of section 31, T12N, R10W; then
(4) Proceed straight north along the eastern boundary line of
section 31, crossing the Sonoma-Mendocino line, to the boundary line's
intersection with the 1,600-foot contour line on the west side of
Section 29, T12N, R10W; then
(5) Proceed northeasterly along the meandering 1,600-foot contour
line to its intersection with the intermittent Ash Creek, section 29,
T12N, R10W; then
(6) Proceed northeasterly in a straight line, crossing onto the
Asti map, to the unnamed 2,769-foot peak located south of Salty Spring
Creek, section 20, T12N, R10W; then
(7) Continue northeasterly in a straight line, crossing onto the
Highland Springs map, to the unnamed 2,792-foot peak in the northeast
quadrant of section 21, T12N, R10W; then
(8) Proceed east-southeasterly in a straight line, crossing onto
the Asti map, to the unnamed 2,198-foot peak in section 23, T12N, R10W;
and then
(9) Proceed south-southeasterly in a straight line, returning to
the beginning point.
Signed: July 12, 2011.
John J. Manfreda,
Administrator.
Approved: September 16, 2011.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2011-27813 Filed 10-26-11; 8:45 am]
BILLING CODE 4810-31-P