Proposed Establishment of the Ballard Canyon Viticultural Area, 3370-3377 [2013-00699]
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Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Proposed Rules
time limit established by this part. The
Department next considered a ‘‘good
cause’’ standard for untimely-filed
extension requests. As with the
Department’s preferred alternative, this
alternative establishes a standard under
which untimely-filed extension requests
will be considered, which is missing
from the current rule. The disadvantage
to this alternative is that the ‘‘good
cause’’ exists as the standard by which
the Department considers timely-filed
extension requests under the current
rule. Therefore, a party would have no
reason to submit its extension request in
a timely manner, because the same
standard would apply as if the
extension request were filed in an
untimely manner. This will not serve
the objective of the proposed rule to
avoid confusion, will perpetuate the
current difficulties in the Department’s
organization of its work, and will
perpetuate the undue expenditure of
Departmental resources in addressing
extension requests. Thus, it has not been
proposed.
The Department also considered
modifying the rule to clarify that a party
may request an extension of any time
limit established under this part and to
establish that the Department will not
consider any untimely-filed extension
requests, described as alternative four.
As discussed in the consideration of its
preferred alternative, the clarification
that an extension request may be of any
time limit established by this part serves
the objectives of the proposed rule
because it makes clear that 19 CFR
351.302(c) applies to extension requests
for any time limit established by this
part. This alternative would also
eliminate the confusion and current
difficulties of implementing the current
rule by eliminating the source of these
issues. However, the Department does
recognize that extraordinary,
extenuating circumstances can and do
arise which may prevent a party from
submitting a timely-filed extension
request, and, therefore, it considers this
alternative to be too inflexible to permit
the Department to effectively and fairly
administer the unfair trade statutes.
Thus, it has not been proposed.
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Paperwork Reduction Act
This rule does not require a collection
of information for purposes of the
Paperwork Reduction Act of 1980, as
amended (44 U.S.C. 3501 et seq.).
List of Subjects in 19 CFR Part 351
Administrative practice and
procedure, Antidumping, Business and
industry, Cheese, Confidential business
information, Countervailing duties,
Freedom of information, Investigations,
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Reporting and recordkeeping
requirements.
Dated: January 9, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
For the reasons stated, 19 CFR Part
351 is proposed to be amended as
follows:
PART 351—ANTIDUMPING AND
COUNTERVAILING DUTIES
1. The authority citation for 19 CFR
part 351 continues to read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 1202
note; 19 U.S.C. 1303 note; 19 U.S.C. 1671 et
seq.; and 19 U.S.C. 3538.
2. In § 351.302, revise paragraph (c) as
follows:
■
§ 351.302 Extension of time limits; return
of untimely filed or unsolicited material.
*
*
*
*
*
(c) Requests for extension of specific
time limit.
Before the applicable time limit
established under this part expires, a
party may request an extension
pursuant to paragraph (b) of this section.
An untimely filed extension request will
not be considered unless the party
demonstrates that extraordinary
circumstances exist. The request must
be in writing, filed consistent with
§ 351.303, and state the reasons for the
request. An extension granted to a party
must be approved in writing.
*
*
*
*
*
[FR Doc. 2013–00833 Filed 1–15–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2013–0001; Notice No.
132]
RIN 1513–AB98
Proposed Establishment of the Ballard
Canyon Viticultural Area
Central Coast viticultural area. TTB
designates viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase. TTB invites comments on this
proposed addition to its regulations.
DATES: Comments must be received by
March 18, 2013.
ADDRESSES: Please send your comments
on this notice to one of the following
addresses (please note that TTB has a
new address for comments submitted by
U.S. mail):
• Internet: https://www.regulations.gov
(via the online comment form for this
notice as posted within Docket No.
TTB–2013–0001 at ‘‘Regulations.gov,’’
the Federal e-rulemaking portal);
• U.S. Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Suite
200–E, Washington, DC 20005.
See the Public Participation section of
this notice for specific instructions and
requirements for submitting comments,
and for information on how to request
a public hearing.
You may view copies of this notice,
selected supporting materials, and any
comments that TTB receives about this
proposal at https://www.regulations.gov
within Docket No. TTB–2013–0001. A
link to that docket is posted on the TTB
Web site at https://www.ttb.gov/wine/
wine-rulemaking.shtml under Notice
No. 132. You also may view copies of
this notice, all related petitions, maps,
or other supporting materials, and any
comments that TTB receives about this
proposal by appointment at the TTB
Information Resource Center, 1310 G
Street NW., Washington, DC 20005.
Please call 202–453–2270 to make an
appointment.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G St. NW.,
Box 12, Washington, DC 20005; phone
202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
Background on Viticultural Areas
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 7,800-acre
‘‘Ballard Canyon’’ viticultural area in
Santa Barbara County, California. The
proposed viticultural area lies entirely
within the larger Santa Ynez Valley
viticultural area and the multicounty
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
AGENCY:
SUMMARY:
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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 FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated various
authorities through Treasury
Department Order 120–01 (Revised),
dated January 21, 2003, to the TTB
Administrator to perform the functions
and duties in the administration and
enforcement of this law.
Part 4 of the TTB regulations (27 CFR
part 4) allows the establishment of
definitive viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) sets forth
standards for the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas and lists the
approved American viticultural areas.
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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
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 grapegrowing region as a viticultural area.
Section 9.12 of the TTB regulations (27
CFR 9.12) prescribes standards for
petitions for the establishment or
modification of American viticultural
areas. Petitions to establish a viticultural
area must include the following:
• Evidence that the area within the
proposed viticultural area boundary is
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nationally or locally known by the
viticultural area name specified in the
petition;
• An explanation of the basis for
defining the boundary of the proposed
viticultural area;
• A narrative description of the
features of the proposed viticultural area
that affect viticulture, such as climate,
geology, soils, physical features, and
elevation, that make the proposed
viticultural area distinctive and
distinguish it from adjacent areas
outside the proposed viticultural area
boundary;
• A copy of the appropriate United
States Geological Survey (USGS) map(s)
showing the location of the proposed
viticultural area, with the boundary of
the proposed viticultural area clearly
drawn thereon; and
• A detailed narrative description of
the proposed viticultural area boundary
based on USGS map markings.
Ballard Canyon Petition
TTB received a petition from Wesley
D. Hagen, a vineyard manager and
winemaker, on behalf of 26 other
vintners and grape growers in the
Ballard Canyon area of California,
proposing the establishment of the
‘‘Ballard Canyon’’ American viticultural
area. The proposed viticultural area
contains approximately 7,800 acres, of
which approximately 565 acres are
dedicated to commercially-producing
vineyards. The petition states that there
are 10 commercial vineyards located
within the proposed viticultural area,
with Syrah being the primary grape
variety grown. According to the
petition, the distinguishing features of
the proposed Ballard Canyon
viticultural area include wind,
temperature, and soils. Unless otherwise
noted, all information and data
pertaining to the proposed viticultural
area contained in this document are
from the petition for the proposed
Ballard Canyon viticultural area and its
supporting exhibits.
The proposed Ballard Canyon
viticultural area is located in Santa
Barbara County, California, to the west
of the town of Ballard. The proposed
viticultural area lies at the center of the
Santa Ynez Valley viticultural area (27
CFR 9.54) which, in turn, is within the
larger multicounty Central Coast
viticultural area (27 CFR 9.75). The
Santa Ynez Valley viticultural area
currently contains two smaller,
established viticultural areas: Sta. Rita
Hills (27 CFR 9.162), which lies to the
west of the proposed viticultural area,
and Happy Canyon of Santa Barbara (27
CFR 9.217), which lies to the east of the
proposed Ballard Canyon viticultural
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area. The Sta. Rita Hills and the Happy
Canyon of Santa Barbara viticultural
areas do not share a boundary or overlap
the proposed Ballard Canyon
viticultural area.
Name Evidence
The United States Geological Survey’s
(USGS) Geographical Names
Information System (GNIS; https://
geonames.usgs.gov/) lists
‘‘Ballard Canyon’’ as a valley in Santa
Barbara County, California. The USGS
‘‘Zaca Creek,’’ ‘‘Los Olivos,’’ and
‘‘Solvang’’ quadrangle maps used to
mark the boundary of the proposed
viticultural area all indicate a geological
feature marked ‘‘Ballard Canyon’’
within the proposed viticultural area
boundary. The USGS maps also show a
paved, light-duty road labeled ‘‘Ballard
Canyon Road’’ running north and south
through the eastern portion of the
proposed Ballard Canyon viticultural
area. According to the petition,
residents refer to property as located in
‘‘Ballard Canyon’’ if it is accessible from
Ballard Canyon Road or its side streets.
The petition also includes evidence that
both the canyon and the road are
mentioned in official documents of the
State of California Water Resources
Control Board and the Santa Barbara
County Public Works Department.
The petition includes excerpts from
articles published in national and
international wine periodicals as
evidence that the name and location of
the proposed Ballard Canyon
viticultural area are currently associated
with viticulture. A review by wine critic
Robert Parker states that, ‘‘[t]he stunning
2009 Malvasia Bianca Larner Vineyard
(Ballard Canyon) is just extraordinary.’’
(Wine Advocate, No. 190, August 2010;
www.erobertparker.com.) In an article
about Santa Barbara County wines,
Sommelier Journal editor Randy
Caparoso wrote that, ‘‘[i]n Ballard
Canyon, we found something extra:
brighter red fruits and sweet spices,
revved up by slightly racier acidity.’’
(Caparoso, Randy; ‘‘Event Spotlight:
2010 SJ Terroir Experience,’’ Sommelier
Journal, June 15, 2010, pp. 36–41.)
Finally, an article in an October 2003
issue of Wine Enthusiast Magazine
about wines of Santa Barbara County
mentions that one grape grower
attributes ‘‘the juicy ripeness of his
monumental Syrah, grown at 1,000 feet
in the Ballard Canyon area, to the microclimate, which he calls ‘the best of both
cool and warm.’’’ (Heimoff, Steve, and
Chris Rubin; ‘‘Semi-rustic and Superchic,’’ Wine Enthusiast Magazine,
October 1, 2003; www.winemag.com.)
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Boundary Evidence
As previously noted, the proposed
Ballard Canyon viticultural area lies
entirely within the Santa Ynez Valley
viticultural area, which, in turn, lies
within the larger, multicounty Central
Coast viticultural area. The proposed
viticultural area does not overlap with
any other existing or proposed
viticultural area.
The region within the proposed
Ballard Canyon viticultural area is
comprised of steep north-south ranging
slopes and maze-like canyons, with
Ballard Canyon forming a crescent
within the eastern portion. Elevations
range from 400 feet at the southernmost
portion of the proposed Ballard Canyon
viticultural area to approximately 1,280
feet within the northernmost region.
The proposed boundary also
encompasses the majority of the Alisal
Creek-Santa Ynez River watershed.
The proposed boundary follows a
series of elevation contours and straight
lines between points marked on the
relevant USGS maps. A combination of
the 1,000-foot elevation contour line
and a series of straight lines between
points defines the northern portion of
the proposed boundary and
approximately follows the northernmost
edge of Ballard Canyon. The area to the
north of the proposed viticultural area
contains maze-like canyons and northsouth ranges similar to those within the
proposed Ballard Canyon viticultural
area but generally has higher elevations
and is more exposed to the cooling
marine influence and strong breezes that
travel from the Pacific Ocean through
the adjacent Santa Maria Valley.
The eastern portion of the proposed
boundary includes the eastern edge of
Ballard Canyon and separates the
canyonlands from the lower, flatter Los
Olivos basin and Santa Ynez Valley,
which lie to the immediate east and
northeast of the proposed Ballard
Canyon viticultural area. Elevations in
this region range from 660 feet in the
Santa Ynez Valley to 880 feet near Los
Olivos.
The southern portion of the proposed
boundary follows the 400-foot elevation
contour line, which separates the lower,
flatter land near the Santa Ynez River
from the higher, more rugged
canyonlands located within the
proposed Ballard Canyon viticultural
area. The elevations south of the
proposed viticultural area are lower
than within the proposed viticultural
area, with elevations ranging from 280
feet along the Santa Ynez River to 400
feet near the southernmost portion of
the proposed Ballard Canyon
viticultural area boundary line.
The western portion of the proposed
boundary follows the 600-foot elevation
contour line and several straight lines
drawn between points to encompass the
Alisal Creek-Santa Ynez River
watershed. The western portion of the
proposed boundary separates the northsouth ranges within the proposed
Ballard Canyon viticultural area from
the east-west ranges to the west. The
east-west orientation of the hills and
canyons to the west of the proposed
Ballard Canyon viticultural area allows
more of the cooling marine influence to
travel from the Pacific Ocean into this
area, bringing stronger breezes, cooler
daytime temperatures, and warmer
nighttime temperatures than within the
proposed Ballard Canyon viticultural
area.
Distinguishing Features
The distinguishing features of the
proposed Ballard Canyon viticultural
Proposed
Ballard Canyon
viticultural area
Region
Foxen Canyon
(North)
area include wind, temperature, and
soils.
Wind
To the west of the proposed Ballard
Canyon viticultural area are the
Purisima, Santa Rita, and Santa Rosa
Hills. These mountain ranges run west
to east from Lompoc to Buellton and
form a ‘‘throat’’ that allows winds from
the Pacific Ocean to flow inland and
through the Sta. Rita Hills viticultural
area. However, just east of the Sta. Rita
Hills viticultural area and just west of
the proposed Ballard Canyon
viticultural area, the mountains are
aligned in a north-south orientation.
These north-south mountains shelter the
proposed Ballard Canyon viticultural
area from the strongest winds blowing
from the west.
The petition provides a summary of
average monthly wind and gust speeds
in miles per hour (mph) from within the
proposed Ballard Canyon viticultural
area, as well as from areas to the north
(Foxen Canyon), to the east (Happy
Canyon of Santa Barbara viticultural
area), to the south (Solvang), and to the
west (Sta. Rita Hills viticultural area) of
the proposed viticultural area. Data was
collected from weather stations within
the various locations from 2005 through
2009. Winds were measured each year
from April through October, which is
the grape growing season. The petition
also notes that July, August, and
September are the critical ripening
months for vineyards in the Central
Coast region of California, when climate
can most affect grape production. TTB
prepared the table below using data
provided in the petition.
Happy Canyon
of Santa
Barbara
viticultural area
(East)
Solvang
(South)
Sta. Rita Hills
viticultural area
(West)
April–October (growing season)
Average wind speed (miles per hour) .......................
Average gust speed (miles per hour) ........................
1.37
11.97
2.87
15.16
1.67
12.63
1.72
12.1
4.51
17.54
1.1
10.4
1.8
11.9
3.7
15.5
July–September (peak growing season)
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Average wind speed (miles per hour) .......................
Average gust speed (miles per hour) ........................
As shown in the table, the average
growing season wind and gust speeds
are lower within the proposed Ballard
Canyon viticultural area than in the
surrounding areas, with significant
differences in wind and gust speeds
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0.93
10.5
2.1
13.5
evident from those in Sta. Rita Hills
viticultural area to the west and Foxen
Canyon to the north. The petition
attributes the lower wind speeds within
the proposed Ballard Canyon
viticultural area to the north-south
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mountain ranges that block the stronger
winds from the Pacific Ocean. The eastwest coastal ‘‘throat’’ that funnels winds
inland from the Pacific Ocean lies in the
heart of the Sta. Rita Hills viticultural
area and brings the strongest winds into
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that region. Foxen Canyon has northsouth ranges similar to the proposed
viticultural area; however, the adjacent
Santa Maria Valley to the north
channels more of the Pacific Ocean
winds into the Foxen Canyon region.
According to the petition, low wind
and gust speeds have a positive effect on
viticulture within the proposed Ballard
Canyon viticultural area. Constant
winds and strong gusts cause the stomas
on the leaves to close to prevent
moisture loss; this reduces a vine’s
ability to photosynthesize efficiently,
resulting in less energy and food for the
vine. By contrast, a lack of persistently
strong winds or gusts allows the stomas
to stay open and the grapevines to
photosynthesize more efficiently. As a
result, the grapes are able to achieve
high phenolic ripeness, the peak
concentration of compounds (phenols)
within the skin, seeds, stems, and pulp
of the grape which contribute to the
color, flavor, and aroma of the wine.
Temperature
The north-south mountain ranges of
the proposed Ballard Canyon
viticultural area shelter the proposed
viticultural area from the marine
influence that affects the areas to the
west, north and south. As a result, the
temperatures within the proposed
Ballard Canyon viticultural area are
generally warmer during the day and
cooler at night than the areas to the
west, north and south. The area to the
east of the proposed Ballard Canyon
viticultural area, however, is
significantly warmer due to a lower
marine influence resulting from its more
inland location.
The petition provides a summary of
high and low temperatures and growing
degree day (GDD) 1 data gathered during
the growing season (April through
October) from 2005 through 2009. The
petition also addresses the impact of the
variation in temperature between the
daytime high and nighttime low
(diurnal shift) on viticulture within the
proposed viticultural area, but did not
calculate the shift. TTB calculated the
diurnal shifts and included the
information in the table below. The data
represent points located within the
proposed Ballard Canyon viticultural
area, as well as points to the north, east,
south, and west of the proposed
viticultural area.
Proposed
Ballard Canyon
viticultural area
Region
Foxen Canyon
(North)
Happy Canyon
of Santa
Barbara
viticultural
area (East)
2916.58
2823.2
3139.5
Average growing season GDD units .............................
3373
Solvang
(South)
Sta. Rita Hills
viticultural area
(West)
2762.03
2176.14
84.7
49.0
35.7
82.2
52.5
29.7
74.9
50.0
24.9
91.1
52.5
38.6
88.8
57.7
31.3
78.3
53.2
25.1
April–October (growing season)
Average high temperature .............................................
Average low temperature ...............................................
Diurnal shift ....................................................................
82.6
48.9
33.7
79.2
50.2
29.0
July–September (peak growing season)
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Average high temperature .............................................
Average low temperature ...............................................
Diurnal shift ....................................................................
88.7
51.5
37.2
85.0
53.2
31.8
The data in the table show that the
most significant difference in GDD units
exists between the proposed viticultural
area and the Sta. Rita Hills viticultural
area to the west, where the cooling
marine influence results in 25 percent
fewer GDD units than within the
proposed viticultural area. The high
GDD unit accumulation within the
proposed Ballard Canyon viticultural
area indicates that the growing season
temperatures rise far enough above the
key 50 degrees Fahrenheit (F) mark to
allow adequate time for grapes to
develop and ripen fully. Heat
accumulation strongly influences
varietal planting decisions, making the
proposed viticultural area particularly
suited to warm-weather grape varieties
such as Syrah, which is the primary
grape variety grown in the proposed
viticultural area.
The data in the table also show that
the proposed Ballard Canyon
viticultural area has warmer days and
cooler nights during the growing season
than most of the surrounding area,
which results in large diurnal shifts.
The most significant differences in
diurnal shifts are between the proposed
viticultural area and Foxen Canyon to
the north, Solvang to the south, and the
Sta. Rita Hills viticultural area to the
east, the differences being more
pronounced during the peak growing
season. According to the petition, large
diurnal shifts like those found within
the proposed viticultural area produce
desirably high levels of sugar and acid
in grapes because the daytime heat
increases sugar production and the
nighttime cooling reduces acid loss.
More than 95 percent of the acreage
within the proposed Ballard Canyon
viticultural area contains a unified soil
association called the Chamise-Arnold-
Crow Hill association. This soil group is
defined as gently sloping to very steep,
with well drained to somewhat
excessively drained sands as well as
clay loams on high terraces and
uplands. A very small portion of the
southern end of the proposed Ballard
Canyon viticultural area contains the
Positas-Ballard-Santa Ynez association
and the Sorrento-Mocho-Camarillo
association. The Positas-Ballard-Santa
Ynez association is described in the
Santa Barbara area soil map as being
nearly level to moderately steep, with
well drained and moderately well
drained fine sandy loams to clay loams
on terraces (‘‘Northern Santa Barbara
Area, California General Soil Map,’’
issued by the United States Department
of Agriculture Soil Conservation
Service, 1971). The same soil map
describes the Sorrento-Mocho-Camarillo
association as nearly level to moderately
sloping, with well drained to somewhat
1 In the Winkler climate classification system,
annual heat accumulation during the growing
season, measured in annual GDD, defines climatic
regions. One GDD accumulates for each degree
Fahrenheit that a day’s mean temperature is above
50 degrees, the minimum temperature required for
grapevine growth (‘‘General Viticulture,’’ by Albert
J. Winkler, University of California Press, 1974,
pages 61–64).
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Soils
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poorly drained sandy loams to silty clay
loams on flood plains and alluvial fans.
The soils of most of the area
immediately adjacent to the proposed
Ballard Canyon viticultural area are a
continuation of the associations found
within the proposed viticultural area,
but they transition to other dominant
soil types. To the north of the proposed
viticultural area, the soils transition
from the Chamise-Arnold-Crow Hill
association to Shedd-Santa Lucia-Diablo
and Toomes-Climara associations near
the San Rafael Mountains. To the east
and south of the proposed viticultural
area, the soils begin as the PositasBallard-Santa Ynez association and
transition to the Toomes-Climara and
Shedd-Santa Lucia-Diablo associations.
To the southwest, the soils are of the
Sorrento-Mocho-Camarillo and PositasBallard-Santa Ynez associations near the
boundary of the proposed viticultural
area and change to Shedd-Santa LuciaDiablo farther south near the Santa Ynez
Mountains. To the west, the soils begin
as a continuation of the ChamiseArnold-Crow Hill and Sorrento-MochoCamarillo associations and change to
the Marina-Oceano association nearer to
the Pacific Ocean.
The soil structure, pH values, and
mineral levels of the proposed
viticultural area also differ from that of
the areas to the east and west.
Information on these factors was not
available concerning areas to the north
and south of the proposed viticultural
area. An analysis of soils from four
vineyards within the proposed
viticultural area indicates the soil
profile is consistently a layer of loam on
top of a layer of clay, which in turn is
on a second layer of loam. By contrast,
soils of the Sta. Rita Hills viticultural
area, to the west, contain more sand,
and soils of the Happy Canyon of Santa
Barbara viticultural area, to the east,
contain more clay.
The soil analysis of the four vineyards
within the proposed Ballard Canyon
viticultural area reveals a wide range of
soil pH values. Soil pH values affect the
ability of grapevines to uptake nutrients,
and the analysis notes that the desired
pH range for viticulture is 6.5 to 7.5.
Moderately acidic soils reduce the
ability of the vines to uptake nutrients,
resulting in less vigorous vine and leaf
growth and the production of berries
that have high concentrations of
desirable flavors, sugars, and acids. The
pH values within the proposed
viticultural area range from 5.5
(moderately acidic) to 7.5 (slightly
alkaline), with the more acidic soils
appearing in the surface portions of the
samples and the neutral and alkaline
soils appearing at greater depths, where
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most root activity takes place. By
contrast, soil pH values in the Happy
Canyon of Santa Barbara viticultural
area, to the east, are consistently
alkaline (7.25). Soil pH values for the
Sta. Rita Hills, to the west, are slightly
acidic, with values from 6.1 to 6.7.
With regard to mineral levels within
the soils, the analysis reveals that
nitrogen levels within the proposed
viticultural area are between 1.5 and 13
ppm, with the most common total being
5 ppm. Nitrogen levels in the soils to the
west, within the Sta. Rita Hills
viticultural area, are also very low.2 By
contrast, to the east, within the Happy
Canyon of Santa Barbara viticultural
area, nitrogen levels in the soil are very
high, with levels two to three times
higher than recommended for
viticulture, which requires growers to
ameliorate their soils in order to achieve
a lower, more desirable nitrogen level.3
The petition notes that the optimal
nitrogen level for viticulture is between
4 and 8 ppm, and that low levels of
nitrogen in the soil, such as those
commonly found within the proposed
viticultural area, result in lower vine
vigor, smaller berries, and more
intensity in the resulting wines.
Potassium levels within the soils of
the proposed viticultural area are
described as moderately deficient, with
levels varying from 70 to 220 ppm and
most soil samples having a range from
120 to 160 ppm. The analysis notes the
optimal soil potassium level for grapegrowing is between 100 to 500 ppm, as
this level is sufficient to provide protein
synthesis support, but is low enough to
prevent overly vigorous vine growth. By
contrast, the Sta. Rita Hills viticultural
area has soils that are highly deficient
in potassium, with levels as low as 1
ppm in some soils, mostly due to the
sandy nature of the soils. Potassium
levels in the soils of the Happy Canyon
of Santa Barbara viticultural area are
higher than those of the proposed
Ballard Canyon viticultural area, with
average soil levels of 200 ppm.
Finally, exchangeable levels of
calcium in the soils within the proposed
Ballard Canyon viticultural area are
between 1,000 and 1,400 ppm, within
the range generally preferred for
viticulture. According to the petition,
calcium affects the thickness of grape
skins, with high levels producing
thicker skins, lower juice-to-skin ratios
during ferment, and wines of deeper
2 All soil nutrient information for Sta. Rita Hills
viticultural area can be found in the soil analysis
in Addendum Exhibit 2 of the petition.
3 All soil nutrient information for the Happy
Canyon of Santa Barbara viticultural area can be
found in the soil analysis in Addendum Exhibit 1
of the petition.
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color and richness. The soils of the Sta.
Rita Hills viticultural area to the west
contain higher levels of calcium than
the proposed Ballard Canyon
viticultural area, around 1,220 ppm, but
the lower amounts of clay in the soil in
that region limit the ability of the vines
to uptake the calcium. The soils of the
Happy Canyon of Santa Barbara
viticultural area to the east contain
calcium levels up to ten times higher
than those of the proposed Ballard
Canyon viticultural area and also have
high clay levels, enabling an efficient
transfer of calcium to the vines.
Summary of Distinguishing Features
In summary, the evidence provided in
the petition indicated that the
geographic features of the proposed
Ballard Canyon viticultural area
distinguish it from the surrounding
regions in each direction. To the north,
the winds are stronger, the diurnal shifts
in temperature are lower during the
peak growing season, and the soils
transition to the Shedd-Santa LuciaDiablo and Toomes-Climara
associations. To the east, within the
Happy Canyon of Santa Barbara
viticultural area, the average
temperature and GDD units are higher,
and the soils contain more clay and
higher levels of nitrogen and potassium.
To the south, the winds are stronger, the
diurnal shifts in temperature are lower
during the peak growing season, and the
soils are of the Shedd-Santa LuciaDiablo and Toomes-Climara
associations. To the west, within the
Sta. Rita Hills viticultural area, the
winds are significantly stronger, the
GDD units are fewer and temperatures
are significantly lower, the diurnal
shifts in temperature are significantly
lower during the peak growing season,
and the soils are sandier, less acidic,
and lower in potassium.
Comparison of the Proposed Ballard
Canyon Viticultural Area to the Existing
Santa Ynez Valley and Central Coast
Viticultural Areas
Santa Ynez Valley Viticultural Area
The Santa Ynez Valley viticultural
area was established by T.D. ATF–132,
which published in the Federal Register
on April 15, 1983 (48 FR 16252). The
Santa Ynez Valley viticultural area
encompasses the Sta. Rita Hills and the
Happy Canyon of Santa Barbara
viticultural areas, as well as the
proposed Ballard Canyon viticultural
area.
According to T.D. ATF–132, the Santa
Ynez Valley viticultural area is a valley
that surrounds the Santa Ynez River and
is bounded by the Purisima Hills and
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San Rafael Mountains to the north, Lake
Cachuma and the Los Padres National
Forest to the east, the Santa Ynez
Mountains to the south, and the Santa
Rita Hills to the west. Vineyards are
planted on elevations ranging from 200
feet along the Santa Ynez River to 1,500
feet in the foothills of the San Rafael
Mountains. The Santa Ynez Valley
viticultural area has seven major soil
associations, but vineyards are primarily
planted on soils of the Positas-BallardSanta Ynez, Chamise-Arnold-Crow Hill,
Shedd-Santa Lucia-Diablo, and
Sorrento-Mocho-Camarillo series. The
Santa Ynez Valley viticultural area has
less marine influence from the Pacific
Ocean than the more coastal regions to
the west because the hills to the west of
the region prevent much of the marine
influence from reaching deep into the
valley, resulting in a less moderated
climate and overall warmer
temperatures than those of areas closer
to the coast. Even without a heavy
marine influence, fog is still common at
elevations between 1,000 and 1,200 feet.
The valley averages 2,680 GDD units
annually, making it a Region II area on
the Winkler scale.
The proposed Ballard Canyon
viticultural area is located in the center
of the Santa Ynez Valley viticultural
area and shares some broad
characteristics of the larger Santa Ynez
Valley viticultural area. Like much of
the Santa Ynez Valley viticultural area,
the proposed Ballard Canyon
viticultural area is sheltered from the
strongest marine influence of the Pacific
Ocean and is warmer than the coastal
regions. However, due to its much
smaller size and more inland location,
the geographic features of the proposed
Ballard Canyon viticultural area are
more uniform. The proposed viticultural
area is a region of north-south ranging
hills and maze-like canyons, compared
to the more level topography of the
Santa Ynez Valley as a whole. In
contrast to the varied soils of the Santa
Ynez Valley viticultural area, the
proposed Ballard Canyon viticultural
area soils are predominately of the
Chamise-Arnold-Crow Hill association.
In addition, due to its more central
location within the Santa Ynez Valley,
the proposed viticultural area is also
warmer than the western portion of the
Santa Ynez Valley (Sta. Rita Hills
viticultural area) and cooler than the
eastern region (Happy Canyon of Santa
Barbara viticultural area).
Central Coast Viticultural Area
The large, 1 million-acre Central Coast
viticultural area was established by T.D.
ATF–216, which published in the
Federal Register on October 24, 1985
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(50 FR 43128). The Central Coast
viticultural area encompasses the
California counties of Monterey, Santa
Cruz, Santa Clara, Alameda, San Benito,
San Luis Obispo, and Santa Barbara,
and it contains 27 established American
viticultural areas. T.D. ATF–216
describes the Central Coast viticultural
area as extending from Santa Barbara to
the San Francisco Bay area, and east to
the California Coastal Ranges. The only
distinguishing feature of the California
Coast viticultural area addressed in T.D.
ATF–216 is that all of the included
counties experience marine climate
influence due to their proximity to the
Pacific Ocean.
The proposed Ballard Canyon
viticultural area, due to its location
within Santa Barbara County, is located
within the Central Coast viticultural
area. Although the north-south ranges of
the proposed Ballard Canyon
viticultural area block some of the
marine influence characteristic of the
Central Coast viticultural area,
viticulture in the region is still affected
by slight breezes and mild gusts from
the Pacific Ocean that reach the area
during the growing season. The
proposed viticultural area has greater
uniformity in geographical features such
as wind, temperature and soils.
TTB Determination
TTB concludes that the petition to
establish the approximately 7,800-acre
Ballard Canyon viticultural area merits
consideration and public comment, as
invited in this notice.
Boundary Description
See the narrative boundary
description of the petitioned-for
viticultural area in the proposed
regulatory text published at the end of
this notice.
Maps
The petitioner provided the required
maps, and they are listed below in the
proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. If TTB
establishes this proposed viticultural
area, its name, ‘‘Ballard Canyon,’’ will
be recognized as a name of viticultural
significance under 27 CFR 4.39(i)(3).
The text of the proposed regulation
clarifies this point. Consequently, wine
bottlers using the name ‘‘Ballard
Canyon’’ in a brand name, including a
trademark, or in another label reference
as to the origin of the wine, would have
to ensure that the product is eligible to
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3375
use the viticultural name as an
appellation of origin if this proposed
rule is adopted as a final rule. TTB does
not believe that ‘‘Ballard,’’ standing
alone, should have viticultural
significance if the proposed viticultural
area is established, due to the
widespread use of ‘‘Ballard’’ as a
geographical name. GNIS shows the
name ‘‘Ballard’’ used in reference to
over 300 locations in 44 States.
Accordingly, the proposed part 9
regulatory text set forth in this
document specifies only the full name
‘‘Ballard Canyon’’ as a term of
viticultural significance for purposes of
part 4 of the TTB regulations.
The approval of the proposed Ballard
Canyon viticultural area would not
affect any existing viticultural area, and
any bottlers using ‘‘Santa Ynez Valley’’
or ‘‘Central Coast’’ as an appellation of
origin or in a brand name for wines
made from grapes grown within the
Santa Ynez Valley or Central Coast
viticultural areas would not be affected
by the establishment of this new
viticultural area. The establishment of
the proposed Ballard Canyon
viticultural area would allow vintners to
use ‘‘Ballard Canyon,’’ ‘‘Santa Ynez
Valley,’’ and ‘‘Central Coast’’ as
appellations of origin for wines made
from grapes grown within the proposed
Ballard Canyon viticultural area if the
wines meet the eligibility requirements
for the appellation.
For a wine to be labeled with a
viticultural area name or with a brand
name that includes a viticultural area
name, at least 85 percent of the wine
must be derived from grapes grown
within the area represented by that
name, 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
a viticultural area name and that name
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
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label.
Different rules apply if a wine has a
brand name containing a viticultural
area name or other viticulturally
significant term that was used as a
brand name on a label approved before
July 7, 1986. See 27 CFR 4.39(i)(2) for
details.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
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should establish the proposed
viticultural area. TTB is also interested
in receiving comments on the
sufficiency and accuracy of the name,
boundary, soils, climate, and other
required information submitted in
support of the petition. In addition,
given the proposed Ballard Canyon
viticultural area’s location within the
existing Santa Ynez Valley and Central
Coast viticultural areas, TTB is
interested in comments on whether the
evidence submitted in the petition
regarding the distinguishing features of
the proposed viticultural area
sufficiently differentiates it from the
existing Santa Ynez Valley and Central
Coast viticultural areas. TTB is also
interested in comments whether the
geographic features of the proposed
viticultural area are so distinguishable
from the surrounding Santa Ynez Valley
and Central Coast viticultural areas that
the proposed Ballard Canyon
viticultural area should no longer be
part of those viticultural areas. Please
provide any available specific
information in support of your
comments.
Because of the potential impact of the
establishment of the proposed Ballard
Canyon viticultural area on wine labels
that include the term ‘‘Ballard Canyon’’
as discussed above under Impact on
Current Wine Labels, TTB is
particularly interested in comments
regarding whether there will be a
conflict between the proposed area
name and currently used brand names.
If a commenter believes that a conflict
will arise, the comment should describe
the nature of that conflict, including any
anticipated negative economic impact
that approval of the proposed
viticultural area will have on an existing
viticultural enterprise. TTB is also
interested in receiving suggestions for
ways to avoid conflicts, for example, by
adopting a modified or different name
for the viticultural area.
Submitting Comments
You may submit comments on this
notice by using one of the following
three methods (please note that TTB has
a new address for comments submitted
by U.S. Mail):
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this notice
within Docket No. TTB–2013–0001 on
‘‘Regulations.gov,’’ the Federal erulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 132 on the TTB Web site at
https://www.ttb.gov/wine/winerulemaking.shtml. Supplemental files
may be attached to comments submitted
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via Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on ‘‘User Guide’’ under ‘‘How to Use
this Site.’’
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005.
• Hand Delivery/Courier: You may
hand-carry your comments or have them
hand-carried to the Alcohol and
Tobacco Tax and Trade Bureau, 1310 G
Street NW., Suite 200–E, Washington,
DC 20005.
Please submit your comments by the
closing date shown above in this notice.
Your comments must reference Notice
No. 132 and include your name and
mailing address. Your comments also
must be made in English, be legible, and
be written in language acceptable for
public disclosure. TTB does not
acknowledge receipt of comments, and
TTB considers all comments as
originals.
In your comment, please clearly state
if you are commenting for yourself or on
behalf of an association, business, or
other entity. If you are commenting on
behalf of an entity, your comment must
include the entity’s name as well as
your name and position title. If you
comment via Regulations.gov, please
enter the entity’s name in the
‘‘Organization’’ blank of the online
comment form. If you comment via
postal mail or hand delivery/courier,
please submit your entity’s comment on
letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this notice, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2013–
0001 on the Federal e-rulemaking
portal, Regulations.gov, at https://
www.regulations.gov. A direct link to
that docket is available on the TTB Web
site at https://www.ttb.gov/wine/
wine_rulemaking.shtml under Notice
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No. 132. You may also reach the
relevant docket through the
Regulations.gov search page at https://
www.regulations.gov. For information
on how to use Regulations.gov, click on
the site’s Help or FAQ tabs.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
or material that the Bureau considers
unsuitable for posting.
You may also view copies of this
notice, all related petitions, maps and
other supporting materials, and any
electronic or mailed comments that TTB
receives about this proposal by
appointment at the TTB Information
Resource Center, 1310 G Street NW.,
Washington, DC 20005. You may also
obtain copies at 20 cents per 8.5- x 11inch page. Contact TTB’s information
specialist at the above address or by
telephone at 202–453–2270 to schedule
an appointment or to request copies of
comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name would be the result of a
proprietor’s efforts and consumer
acceptance of wines from that area.
Therefore, no regulatory flexibility
analysis is required.
Executive Order 12866
This proposed rule is not a significant
regulatory action as defined by
Executive Order 12866. Therefore, no
regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, Code of Federal
Regulations, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
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Subpart C—Approved American
Viticultural Areas
2. Subpart C is amended by adding
§ 9.ll to read as follows:
■
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§ 9.ll
Ballard Canyon.
(a) Name. The name of the viticultural
area described in this section is ‘‘Ballard
Canyon’’. For purposes of part 4 of this
chapter, ‘‘Ballard Canyon’’ is a term of
viticultural significance.
(b) Approved maps. The three United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Ballard
Canyon viticultural area are titled:
(1) Los Olivos, CA, 1995;
(2) Zaca Creek, Calif., 1959; and
(3) Solvang, CA, 1995.
(c) Boundary. The Ballard Canyon
viticultural area is located in Santa
Barbara County, California. The
boundary of the Ballard Canyon
viticultural area is as described below:
(1) The beginning point is on the Los
Olivos map at the intersection of State
Route 154 and Foxen Canyon Road,
section 23, T7N/R31W.
(2) From the beginning point, proceed
southwesterly in a straight line
approximately 0.3 mile, crossing onto
the Zaca Creek map, to the intersection
of Ballard Canyon Road and an
unnamed, unimproved road known
locally as Los Olivos Meadows Drive,
T7N/R31W; then
(3) Proceed south-southeasterly in a
straight line approximately 1 mile,
crossing onto the Los Olivos map, to a
marked, unnamed large structure
located within a circular-shaped 920foot contour line in the southwest
corner of section 26, T7N/R31W; then
(4) Proceed south-southwesterly in a
straight line approximately 1.25 miles,
crossing onto the Zaca Creek map, to the
marked by the ‘‘Ball’’ 801-foot elevation
control point, T6N/R31W; then
(5) Proceed south-southwesterly in a
straight line approximately 1.45 miles,
crossing onto the Solvang map, to a
marked, unnamed 775-foot peak, T6N/
R31W; then
(6) Proceed south-southwesterly in a
straight line approximately 0.55 mile to
a marked communication tower’’
located within the 760-foot contour line,
T6N/R31W; then
(7) Proceed west-southwesterly in a
straight line approximately 0.25 mile to
the intersection of Chalk Hill Road and
an unnamed light-duty road known
locally as Mesa Vista Lane, T6N/R31W;
then
(8) Proceed west-southwesterly in a
straight line approximately 0.6 mile to
the southern-most terminus of a marked,
unnamed stream known locally as
Ballard Creek, T6N/R31W; then
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(9) Proceed northerly (upstream)
along Ballard Creek approximately 0.35
miles to the creek’s intersection with the
400-foot contour line, T6N/R31W; then
(10) Proceed southerly and then
northwesterly along the 400-foot
contour line approximately 1.5 miles, to
the contour line’s first intersection with
Ballard Canyon Road, T6N/R31W; then
(11) Proceed north-northeasterly in a
straight line approximately 1.7 miles,
crossing onto the Zaca Creek map, to the
western-most intersection of the 800foot contour line and the T6N/T7N
boundary line (approximately 0.9 mile
east of U.S Highway 101); then
(12) Proceed west along the T6N/T7N
boundary line approximately 0.4 miles
to the boundary line’s third intersection
with the 600-foot contour line
(approximately 0.5 mile east of U.S.
Highway 101); then
(13) Proceed northerly along the
meandering 600-foot elevation contour
line to the contour line’s intersection
with Zaca Creek, T7N/R31W; then
(14) Proceed northeasterly in a
straight line for approximately 1.2 miles
to the western-most intersection of the
southern boundary of the Corral de
Quati Land Grant and the 1,000-foot
contour line (approximately 0.4 mile
east of U.S. Highway 101), T7N/R31W;
then
(15) Proceed easterly along the
meandering 1,000-foot contour line
approximately 1.5 miles to the contour
line’s third intersection with the
southern boundary of the Corral de
Quati Land Grant (approximately 0.1
mile west of State Route 154), section
22, T7N/R31W; then
(16) Proceed southeasterly in a
straight line approximately 0.8 miles,
crossing onto the Los Olivos map,
returning to the beginning point.
Signed: January 8, 2013.
John J. Manfreda,
Administrator.
BILLING CODE 4810–31–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2012–0001; FRL–9375–4]
Notice of Receipt of Several Pesticide
Petitions Filed for Residues of
Pesticide Chemicals in or on Various
Commodities
Environmental Protection
Agency (EPA).
ACTION: Notice of filing of petitions and
request for comment.
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This document announces the
Agency’s receipt of several initial filings
of pesticide petitions requesting the
establishment or modification of
regulations for residues of pesticide
chemicals in or on various commodities.
DATES: Comments must be received on
or before February 15, 2013.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number and the pesticide petition
number (PP) of interest as shown in the
body of this document, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.htm.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: A
contact person, with telephone number
and email address, is listed at the end
of each pesticide petition summary. You
may also reach each contact person by
mail at Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. General Information
[FR Doc. 2013–00699 Filed 1–15–13; 8:45 am]
AGENCY:
3377
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
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]]>Agencies
[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Proposed Rules]
[Pages 3370-3377]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00699]
=======================================================================
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2013-0001; Notice No. 132]
RIN 1513-AB98
Proposed Establishment of the Ballard Canyon Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the approximately 7,800-acre ``Ballard Canyon'' viticultural
area in Santa Barbara County, California. The proposed viticultural
area lies entirely within the larger Santa Ynez Valley viticultural
area and the multicounty Central Coast viticultural area. TTB
designates viticultural areas to allow vintners to better describe the
origin of their wines and to allow consumers to better identify wines
they may purchase. TTB invites comments on this proposed addition to
its regulations.
DATES: Comments must be received by March 18, 2013.
ADDRESSES: Please send your comments on this notice to one of the
following addresses (please note that TTB has a new address for
comments submitted by U.S. mail):
Internet: https://www.regulations.gov (via the online
comment form for this notice as posted within Docket No. TTB-2013-0001
at ``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW., Suite 200-E, Washington, DC
20005.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
You may view copies of this notice, selected supporting materials,
and any comments that TTB receives about this proposal at https://www.regulations.gov within Docket No. TTB-2013-0001. A link to that
docket is posted on the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml">https://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 132. You also may view copies of this
notice, all related petitions, maps, or other supporting materials, and
any comments that TTB receives about this proposal by appointment at
the TTB Information Resource Center, 1310 G Street NW., Washington, DC
20005. Please call 202-453-2270 to make an appointment.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G St.
NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
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
[[Page 3371]]
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 FAA Act pursuant to section 1111(d)
of the Homeland Security Act of 2002, codified at 6 U.S.C. 531(d). The
Secretary has delegated various authorities through Treasury Department
Order 120-01 (Revised), dated January 21, 2003, to the TTB
Administrator to perform the functions and duties in the administration
and enforcement of this law.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets
forth standards for the preparation and submission of petitions for the
establishment or modification of American viticultural areas and lists
the approved American viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features as described in part 9 of
the regulations and a name and a delineated boundary as established in
part 9 of the regulations. These designations allow vintners and
consumers to attribute a given quality, reputation, or other
characteristic of a 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 (27 CFR
9.12) prescribes standards for petitions for the establishment or
modification of American viticultural areas. Petitions to establish a
viticultural area must include the following:
Evidence that the area within the proposed 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 proposed viticultural area;
A narrative description of the features of the proposed
viticultural area that affect viticulture, such as climate, geology,
soils, physical features, and elevation, that make the proposed
viticultural area distinctive and distinguish it from adjacent areas
outside the proposed viticultural area boundary;
A copy of the appropriate United States Geological Survey
(USGS) map(s) showing the location of the proposed viticultural area,
with the boundary of the proposed viticultural area clearly drawn
thereon; and
A detailed narrative description of the proposed
viticultural area boundary based on USGS map markings.
Ballard Canyon Petition
TTB received a petition from Wesley D. Hagen, a vineyard manager
and winemaker, on behalf of 26 other vintners and grape growers in the
Ballard Canyon area of California, proposing the establishment of the
``Ballard Canyon'' American viticultural area. The proposed
viticultural area contains approximately 7,800 acres, of which
approximately 565 acres are dedicated to commercially-producing
vineyards. The petition states that there are 10 commercial vineyards
located within the proposed viticultural area, with Syrah being the
primary grape variety grown. According to the petition, the
distinguishing features of the proposed Ballard Canyon viticultural
area include wind, temperature, and soils. Unless otherwise noted, all
information and data pertaining to the proposed viticultural area
contained in this document are from the petition for the proposed
Ballard Canyon viticultural area and its supporting exhibits.
The proposed Ballard Canyon viticultural area is located in Santa
Barbara County, California, to the west of the town of Ballard. The
proposed viticultural area lies at the center of the Santa Ynez Valley
viticultural area (27 CFR 9.54) which, in turn, is within the larger
multicounty Central Coast viticultural area (27 CFR 9.75). The Santa
Ynez Valley viticultural area currently contains two smaller,
established viticultural areas: Sta. Rita Hills (27 CFR 9.162), which
lies to the west of the proposed viticultural area, and Happy Canyon of
Santa Barbara (27 CFR 9.217), which lies to the east of the proposed
Ballard Canyon viticultural area. The Sta. Rita Hills and the Happy
Canyon of Santa Barbara viticultural areas do not share a boundary or
overlap the proposed Ballard Canyon viticultural area.
Name Evidence
The United States Geological Survey's (USGS) Geographical Names
Information System (GNIS; https://geonames.usgs.gov/) lists
``Ballard Canyon'' as a valley in Santa Barbara County, California. The
USGS ``Zaca Creek,'' ``Los Olivos,'' and ``Solvang'' quadrangle maps
used to mark the boundary of the proposed viticultural area all
indicate a geological feature marked ``Ballard Canyon'' within the
proposed viticultural area boundary. The USGS maps also show a paved,
light-duty road labeled ``Ballard Canyon Road'' running north and south
through the eastern portion of the proposed Ballard Canyon viticultural
area. According to the petition, residents refer to property as located
in ``Ballard Canyon'' if it is accessible from Ballard Canyon Road or
its side streets. The petition also includes evidence that both the
canyon and the road are mentioned in official documents of the State of
California Water Resources Control Board and the Santa Barbara County
Public Works Department.
The petition includes excerpts from articles published in national
and international wine periodicals as evidence that the name and
location of the proposed Ballard Canyon viticultural area are currently
associated with viticulture. A review by wine critic Robert Parker
states that, ``[t]he stunning 2009 Malvasia Bianca Larner Vineyard
(Ballard Canyon) is just extraordinary.'' (Wine Advocate, No. 190,
August 2010; www.erobertparker.com.) In an article about Santa Barbara
County wines, Sommelier Journal editor Randy Caparoso wrote that,
``[i]n Ballard Canyon, we found something extra: brighter red fruits
and sweet spices, revved up by slightly racier acidity.'' (Caparoso,
Randy; ``Event Spotlight: 2010 SJ Terroir Experience,'' Sommelier
Journal, June 15, 2010, pp. 36-41.) Finally, an article in an October
2003 issue of Wine Enthusiast Magazine about wines of Santa Barbara
County mentions that one grape grower attributes ``the juicy ripeness
of his monumental Syrah, grown at 1,000 feet in the Ballard Canyon
area, to the micro-climate, which he calls `the best of both cool and
warm.''' (Heimoff, Steve, and Chris Rubin; ``Semi-rustic and Super-
chic,'' Wine Enthusiast Magazine, October 1, 2003; www.winemag.com.)
[[Page 3372]]
Boundary Evidence
As previously noted, the proposed Ballard Canyon viticultural area
lies entirely within the Santa Ynez Valley viticultural area, which, in
turn, lies within the larger, multicounty Central Coast viticultural
area. The proposed viticultural area does not overlap with any other
existing or proposed viticultural area.
The region within the proposed Ballard Canyon viticultural area is
comprised of steep north-south ranging slopes and maze-like canyons,
with Ballard Canyon forming a crescent within the eastern portion.
Elevations range from 400 feet at the southernmost portion of the
proposed Ballard Canyon viticultural area to approximately 1,280 feet
within the northernmost region. The proposed boundary also encompasses
the majority of the Alisal Creek-Santa Ynez River watershed.
The proposed boundary follows a series of elevation contours and
straight lines between points marked on the relevant USGS maps. A
combination of the 1,000-foot elevation contour line and a series of
straight lines between points defines the northern portion of the
proposed boundary and approximately follows the northernmost edge of
Ballard Canyon. The area to the north of the proposed viticultural area
contains maze-like canyons and north-south ranges similar to those
within the proposed Ballard Canyon viticultural area but generally has
higher elevations and is more exposed to the cooling marine influence
and strong breezes that travel from the Pacific Ocean through the
adjacent Santa Maria Valley.
The eastern portion of the proposed boundary includes the eastern
edge of Ballard Canyon and separates the canyonlands from the lower,
flatter Los Olivos basin and Santa Ynez Valley, which lie to the
immediate east and northeast of the proposed Ballard Canyon
viticultural area. Elevations in this region range from 660 feet in the
Santa Ynez Valley to 880 feet near Los Olivos.
The southern portion of the proposed boundary follows the 400-foot
elevation contour line, which separates the lower, flatter land near
the Santa Ynez River from the higher, more rugged canyonlands located
within the proposed Ballard Canyon viticultural area. The elevations
south of the proposed viticultural area are lower than within the
proposed viticultural area, with elevations ranging from 280 feet along
the Santa Ynez River to 400 feet near the southernmost portion of the
proposed Ballard Canyon viticultural area boundary line.
The western portion of the proposed boundary follows the 600-foot
elevation contour line and several straight lines drawn between points
to encompass the Alisal Creek-Santa Ynez River watershed. The western
portion of the proposed boundary separates the north-south ranges
within the proposed Ballard Canyon viticultural area from the east-west
ranges to the west. The east-west orientation of the hills and canyons
to the west of the proposed Ballard Canyon viticultural area allows
more of the cooling marine influence to travel from the Pacific Ocean
into this area, bringing stronger breezes, cooler daytime temperatures,
and warmer nighttime temperatures than within the proposed Ballard
Canyon viticultural area.
Distinguishing Features
The distinguishing features of the proposed Ballard Canyon
viticultural area include wind, temperature, and soils.
Wind
To the west of the proposed Ballard Canyon viticultural area are
the Purisima, Santa Rita, and Santa Rosa Hills. These mountain ranges
run west to east from Lompoc to Buellton and form a ``throat'' that
allows winds from the Pacific Ocean to flow inland and through the Sta.
Rita Hills viticultural area. However, just east of the Sta. Rita Hills
viticultural area and just west of the proposed Ballard Canyon
viticultural area, the mountains are aligned in a north-south
orientation. These north-south mountains shelter the proposed Ballard
Canyon viticultural area from the strongest winds blowing from the
west.
The petition provides a summary of average monthly wind and gust
speeds in miles per hour (mph) from within the proposed Ballard Canyon
viticultural area, as well as from areas to the north (Foxen Canyon),
to the east (Happy Canyon of Santa Barbara viticultural area), to the
south (Solvang), and to the west (Sta. Rita Hills viticultural area) of
the proposed viticultural area. Data was collected from weather
stations within the various locations from 2005 through 2009. Winds
were measured each year from April through October, which is the grape
growing season. The petition also notes that July, August, and
September are the critical ripening months for vineyards in the Central
Coast region of California, when climate can most affect grape
production. TTB prepared the table below using data provided in the
petition.
----------------------------------------------------------------------------------------------------------------
Happy Canyon
Proposed of Santa Sta. Rita
Region Ballard Canyon Foxen Canyon Barbara Solvang Hills
viticultural (North) viticultural (South) viticultural
area area (East) area (West)
----------------------------------------------------------------------------------------------------------------
April-October (growing season)
----------------------------------------------------------------------------------------------------------------
Average wind speed (miles per 1.37 2.87 1.67 1.72 4.51
hour)..........................
Average gust speed (miles per 11.97 15.16 12.63 12.1 17.54
hour)..........................
----------------------------------------------------------------------------------------------------------------
July-September (peak growing season)
----------------------------------------------------------------------------------------------------------------
Average wind speed (miles per 0.93 2.1 1.1 1.8 3.7
hour)..........................
Average gust speed (miles per 10.5 13.5 10.4 11.9 15.5
hour)..........................
----------------------------------------------------------------------------------------------------------------
As shown in the table, the average growing season wind and gust
speeds are lower within the proposed Ballard Canyon viticultural area
than in the surrounding areas, with significant differences in wind and
gust speeds evident from those in Sta. Rita Hills viticultural area to
the west and Foxen Canyon to the north. The petition attributes the
lower wind speeds within the proposed Ballard Canyon viticultural area
to the north-south mountain ranges that block the stronger winds from
the Pacific Ocean. The east-west coastal ``throat'' that funnels winds
inland from the Pacific Ocean lies in the heart of the Sta. Rita Hills
viticultural area and brings the strongest winds into
[[Page 3373]]
that region. Foxen Canyon has north-south ranges similar to the
proposed viticultural area; however, the adjacent Santa Maria Valley to
the north channels more of the Pacific Ocean winds into the Foxen
Canyon region.
According to the petition, low wind and gust speeds have a positive
effect on viticulture within the proposed Ballard Canyon viticultural
area. Constant winds and strong gusts cause the stomas on the leaves to
close to prevent moisture loss; this reduces a vine's ability to
photosynthesize efficiently, resulting in less energy and food for the
vine. By contrast, a lack of persistently strong winds or gusts allows
the stomas to stay open and the grapevines to photosynthesize more
efficiently. As a result, the grapes are able to achieve high phenolic
ripeness, the peak concentration of compounds (phenols) within the
skin, seeds, stems, and pulp of the grape which contribute to the
color, flavor, and aroma of the wine.
Temperature
The north-south mountain ranges of the proposed Ballard Canyon
viticultural area shelter the proposed viticultural area from the
marine influence that affects the areas to the west, north and south.
As a result, the temperatures within the proposed Ballard Canyon
viticultural area are generally warmer during the day and cooler at
night than the areas to the west, north and south. The area to the east
of the proposed Ballard Canyon viticultural area, however, is
significantly warmer due to a lower marine influence resulting from its
more inland location.
The petition provides a summary of high and low temperatures and
growing degree day (GDD) \1\ data gathered during the growing season
(April through October) from 2005 through 2009. The petition also
addresses the impact of the variation in temperature between the
daytime high and nighttime low (diurnal shift) on viticulture within
the proposed viticultural area, but did not calculate the shift. TTB
calculated the diurnal shifts and included the information in the table
below. The data represent points located within the proposed Ballard
Canyon viticultural area, as well as points to the north, east, south,
and west of the proposed viticultural area.
---------------------------------------------------------------------------
\1\ In the Winkler climate classification system, annual heat
accumulation during the growing season, measured in annual GDD,
defines climatic regions. One GDD accumulates for each degree
Fahrenheit that a day's mean temperature is above 50 degrees, the
minimum temperature required for grapevine growth (``General
Viticulture,'' by Albert J. Winkler, University of California Press,
1974, pages 61-64).
----------------------------------------------------------------------------------------------------------------
Happy Canyon
Proposed of Santa Sta. Rita
Region Ballard Canyon Foxen Canyon Barbara Solvang Hills
viticultural (North) viticultural (South) viticultural
area area (East) area (West)
----------------------------------------------------------------------------------------------------------------
Average growing season GDD units 2916.58 2823.2 3139.5 2762.03 2176.14
----------------------------------------------------------------------------------------------------------------
April-October (growing season)
----------------------------------------------------------------------------------------------------------------
Average high temperature........ 82.6 79.2 84.7 82.2 74.9
Average low temperature......... 48.9 50.2 49.0 52.5 50.0
Diurnal shift................... 33.7 29.0 35.7 29.7 24.9
----------------------------------------------------------------------------------------------------------------
July-September (peak growing season)
----------------------------------------------------------------------------------------------------------------
Average high temperature........ 88.7 85.0 91.1 88.8 78.3
Average low temperature......... 51.5 53.2 52.5 57.7 53.2
Diurnal shift................... 37.2 31.8 38.6 31.3 25.1
----------------------------------------------------------------------------------------------------------------
The data in the table show that the most significant difference in
GDD units exists between the proposed viticultural area and the Sta.
Rita Hills viticultural area to the west, where the cooling marine
influence results in 25 percent fewer GDD units than within the
proposed viticultural area. The high GDD unit accumulation within the
proposed Ballard Canyon viticultural area indicates that the growing
season temperatures rise far enough above the key 50 degrees Fahrenheit
(F) mark to allow adequate time for grapes to develop and ripen fully.
Heat accumulation strongly influences varietal planting decisions,
making the proposed viticultural area particularly suited to warm-
weather grape varieties such as Syrah, which is the primary grape
variety grown in the proposed viticultural area.
The data in the table also show that the proposed Ballard Canyon
viticultural area has warmer days and cooler nights during the growing
season than most of the surrounding area, which results in large
diurnal shifts. The most significant differences in diurnal shifts are
between the proposed viticultural area and Foxen Canyon to the north,
Solvang to the south, and the Sta. Rita Hills viticultural area to the
east, the differences being more pronounced during the peak growing
season. According to the petition, large diurnal shifts like those
found within the proposed viticultural area produce desirably high
levels of sugar and acid in grapes because the daytime heat increases
sugar production and the nighttime cooling reduces acid loss.
Soils
More than 95 percent of the acreage within the proposed Ballard
Canyon viticultural area contains a unified soil association called the
Chamise-Arnold-Crow Hill association. This soil group is defined as
gently sloping to very steep, with well drained to somewhat excessively
drained sands as well as clay loams on high terraces and uplands. A
very small portion of the southern end of the proposed Ballard Canyon
viticultural area contains the Positas-Ballard-Santa Ynez association
and the Sorrento-Mocho-Camarillo association. The Positas-Ballard-Santa
Ynez association is described in the Santa Barbara area soil map as
being nearly level to moderately steep, with well drained and
moderately well drained fine sandy loams to clay loams on terraces
(``Northern Santa Barbara Area, California General Soil Map,'' issued
by the United States Department of Agriculture Soil Conservation
Service, 1971). The same soil map describes the Sorrento-Mocho-
Camarillo association as nearly level to moderately sloping, with well
drained to somewhat
[[Page 3374]]
poorly drained sandy loams to silty clay loams on flood plains and
alluvial fans.
The soils of most of the area immediately adjacent to the proposed
Ballard Canyon viticultural area are a continuation of the associations
found within the proposed viticultural area, but they transition to
other dominant soil types. To the north of the proposed viticultural
area, the soils transition from the Chamise-Arnold-Crow Hill
association to Shedd-Santa Lucia-Diablo and Toomes-Climara associations
near the San Rafael Mountains. To the east and south of the proposed
viticultural area, the soils begin as the Positas-Ballard-Santa Ynez
association and transition to the Toomes-Climara and Shedd-Santa Lucia-
Diablo associations. To the southwest, the soils are of the Sorrento-
Mocho-Camarillo and Positas-Ballard-Santa Ynez associations near the
boundary of the proposed viticultural area and change to Shedd-Santa
Lucia-Diablo farther south near the Santa Ynez Mountains. To the west,
the soils begin as a continuation of the Chamise-Arnold-Crow Hill and
Sorrento-Mocho-Camarillo associations and change to the Marina-Oceano
association nearer to the Pacific Ocean.
The soil structure, pH values, and mineral levels of the proposed
viticultural area also differ from that of the areas to the east and
west. Information on these factors was not available concerning areas
to the north and south of the proposed viticultural area. An analysis
of soils from four vineyards within the proposed viticultural area
indicates the soil profile is consistently a layer of loam on top of a
layer of clay, which in turn is on a second layer of loam. By contrast,
soils of the Sta. Rita Hills viticultural area, to the west, contain
more sand, and soils of the Happy Canyon of Santa Barbara viticultural
area, to the east, contain more clay.
The soil analysis of the four vineyards within the proposed Ballard
Canyon viticultural area reveals a wide range of soil pH values. Soil
pH values affect the ability of grapevines to uptake nutrients, and the
analysis notes that the desired pH range for viticulture is 6.5 to 7.5.
Moderately acidic soils reduce the ability of the vines to uptake
nutrients, resulting in less vigorous vine and leaf growth and the
production of berries that have high concentrations of desirable
flavors, sugars, and acids. The pH values within the proposed
viticultural area range from 5.5 (moderately acidic) to 7.5 (slightly
alkaline), with the more acidic soils appearing in the surface portions
of the samples and the neutral and alkaline soils appearing at greater
depths, where most root activity takes place. By contrast, soil pH
values in the Happy Canyon of Santa Barbara viticultural area, to the
east, are consistently alkaline (7.25). Soil pH values for the Sta.
Rita Hills, to the west, are slightly acidic, with values from 6.1 to
6.7.
With regard to mineral levels within the soils, the analysis
reveals that nitrogen levels within the proposed viticultural area are
between 1.5 and 13 ppm, with the most common total being 5 ppm.
Nitrogen levels in the soils to the west, within the Sta. Rita Hills
viticultural area, are also very low.\2\ By contrast, to the east,
within the Happy Canyon of Santa Barbara viticultural area, nitrogen
levels in the soil are very high, with levels two to three times higher
than recommended for viticulture, which requires growers to ameliorate
their soils in order to achieve a lower, more desirable nitrogen
level.\3\ The petition notes that the optimal nitrogen level for
viticulture is between 4 and 8 ppm, and that low levels of nitrogen in
the soil, such as those commonly found within the proposed viticultural
area, result in lower vine vigor, smaller berries, and more intensity
in the resulting wines.
---------------------------------------------------------------------------
\2\ All soil nutrient information for Sta. Rita Hills
viticultural area can be found in the soil analysis in Addendum
Exhibit 2 of the petition.
\3\ All soil nutrient information for the Happy Canyon of Santa
Barbara viticultural area can be found in the soil analysis in
Addendum Exhibit 1 of the petition.
---------------------------------------------------------------------------
Potassium levels within the soils of the proposed viticultural area
are described as moderately deficient, with levels varying from 70 to
220 ppm and most soil samples having a range from 120 to 160 ppm. The
analysis notes the optimal soil potassium level for grape-growing is
between 100 to 500 ppm, as this level is sufficient to provide protein
synthesis support, but is low enough to prevent overly vigorous vine
growth. By contrast, the Sta. Rita Hills viticultural area has soils
that are highly deficient in potassium, with levels as low as 1 ppm in
some soils, mostly due to the sandy nature of the soils. Potassium
levels in the soils of the Happy Canyon of Santa Barbara viticultural
area are higher than those of the proposed Ballard Canyon viticultural
area, with average soil levels of 200 ppm.
Finally, exchangeable levels of calcium in the soils within the
proposed Ballard Canyon viticultural area are between 1,000 and 1,400
ppm, within the range generally preferred for viticulture. According to
the petition, calcium affects the thickness of grape skins, with high
levels producing thicker skins, lower juice-to-skin ratios during
ferment, and wines of deeper color and richness. The soils of the Sta.
Rita Hills viticultural area to the west contain higher levels of
calcium than the proposed Ballard Canyon viticultural area, around
1,220 ppm, but the lower amounts of clay in the soil in that region
limit the ability of the vines to uptake the calcium. The soils of the
Happy Canyon of Santa Barbara viticultural area to the east contain
calcium levels up to ten times higher than those of the proposed
Ballard Canyon viticultural area and also have high clay levels,
enabling an efficient transfer of calcium to the vines.
Summary of Distinguishing Features
In summary, the evidence provided in the petition indicated that
the geographic features of the proposed Ballard Canyon viticultural
area distinguish it from the surrounding regions in each direction. To
the north, the winds are stronger, the diurnal shifts in temperature
are lower during the peak growing season, and the soils transition to
the Shedd-Santa Lucia-Diablo and Toomes-Climara associations. To the
east, within the Happy Canyon of Santa Barbara viticultural area, the
average temperature and GDD units are higher, and the soils contain
more clay and higher levels of nitrogen and potassium. To the south,
the winds are stronger, the diurnal shifts in temperature are lower
during the peak growing season, and the soils are of the Shedd-Santa
Lucia-Diablo and Toomes-Climara associations. To the west, within the
Sta. Rita Hills viticultural area, the winds are significantly
stronger, the GDD units are fewer and temperatures are significantly
lower, the diurnal shifts in temperature are significantly lower during
the peak growing season, and the soils are sandier, less acidic, and
lower in potassium.
Comparison of the Proposed Ballard Canyon Viticultural Area to the
Existing Santa Ynez Valley and Central Coast Viticultural Areas
Santa Ynez Valley Viticultural Area
The Santa Ynez Valley viticultural area was established by T.D.
ATF-132, which published in the Federal Register on April 15, 1983 (48
FR 16252). The Santa Ynez Valley viticultural area encompasses the Sta.
Rita Hills and the Happy Canyon of Santa Barbara viticultural areas, as
well as the proposed Ballard Canyon viticultural area.
According to T.D. ATF-132, the Santa Ynez Valley viticultural area
is a valley that surrounds the Santa Ynez River and is bounded by the
Purisima Hills and
[[Page 3375]]
San Rafael Mountains to the north, Lake Cachuma and the Los Padres
National Forest to the east, the Santa Ynez Mountains to the south, and
the Santa Rita Hills to the west. Vineyards are planted on elevations
ranging from 200 feet along the Santa Ynez River to 1,500 feet in the
foothills of the San Rafael Mountains. The Santa Ynez Valley
viticultural area has seven major soil associations, but vineyards are
primarily planted on soils of the Positas-Ballard-Santa Ynez, Chamise-
Arnold-Crow Hill, Shedd-Santa Lucia-Diablo, and Sorrento-Mocho-
Camarillo series. The Santa Ynez Valley viticultural area has less
marine influence from the Pacific Ocean than the more coastal regions
to the west because the hills to the west of the region prevent much of
the marine influence from reaching deep into the valley, resulting in a
less moderated climate and overall warmer temperatures than those of
areas closer to the coast. Even without a heavy marine influence, fog
is still common at elevations between 1,000 and 1,200 feet. The valley
averages 2,680 GDD units annually, making it a Region II area on the
Winkler scale.
The proposed Ballard Canyon viticultural area is located in the
center of the Santa Ynez Valley viticultural area and shares some broad
characteristics of the larger Santa Ynez Valley viticultural area. Like
much of the Santa Ynez Valley viticultural area, the proposed Ballard
Canyon viticultural area is sheltered from the strongest marine
influence of the Pacific Ocean and is warmer than the coastal regions.
However, due to its much smaller size and more inland location, the
geographic features of the proposed Ballard Canyon viticultural area
are more uniform. The proposed viticultural area is a region of north-
south ranging hills and maze-like canyons, compared to the more level
topography of the Santa Ynez Valley as a whole. In contrast to the
varied soils of the Santa Ynez Valley viticultural area, the proposed
Ballard Canyon viticultural area soils are predominately of the
Chamise-Arnold-Crow Hill association. In addition, due to its more
central location within the Santa Ynez Valley, the proposed
viticultural area is also warmer than the western portion of the Santa
Ynez Valley (Sta. Rita Hills viticultural area) and cooler than the
eastern region (Happy Canyon of Santa Barbara viticultural area).
Central Coast Viticultural Area
The large, 1 million-acre Central Coast viticultural area was
established by T.D. ATF-216, which published in the Federal Register on
October 24, 1985 (50 FR 43128). The Central Coast viticultural area
encompasses the California counties of Monterey, Santa Cruz, Santa
Clara, Alameda, San Benito, San Luis Obispo, and Santa Barbara, and it
contains 27 established American viticultural areas. T.D. ATF-216
describes the Central Coast viticultural area as extending from Santa
Barbara to the San Francisco Bay area, and east to the California
Coastal Ranges. The only distinguishing feature of the California Coast
viticultural area addressed in T.D. ATF-216 is that all of the included
counties experience marine climate influence due to their proximity to
the Pacific Ocean.
The proposed Ballard Canyon viticultural area, due to its location
within Santa Barbara County, is located within the Central Coast
viticultural area. Although the north-south ranges of the proposed
Ballard Canyon viticultural area block some of the marine influence
characteristic of the Central Coast viticultural area, viticulture in
the region is still affected by slight breezes and mild gusts from the
Pacific Ocean that reach the area during the growing season. The
proposed viticultural area has greater uniformity in geographical
features such as wind, temperature and soils.
TTB Determination
TTB concludes that the petition to establish the approximately
7,800-acre Ballard Canyon viticultural area merits consideration and
public comment, as invited in this notice.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. If TTB establishes this proposed viticultural area,
its name, ``Ballard Canyon,'' will be recognized as a name of
viticultural significance under 27 CFR 4.39(i)(3). The text of the
proposed regulation clarifies this point. Consequently, wine bottlers
using the name ``Ballard Canyon'' in a brand name, including a
trademark, or in another label reference as to the origin of the wine,
would have to ensure that the product is eligible to use the
viticultural name as an appellation of origin if this proposed rule is
adopted as a final rule. TTB does not believe that ``Ballard,''
standing alone, should have viticultural significance if the proposed
viticultural area is established, due to the widespread use of
``Ballard'' as a geographical name. GNIS shows the name ``Ballard''
used in reference to over 300 locations in 44 States. Accordingly, the
proposed part 9 regulatory text set forth in this document specifies
only the full name ``Ballard Canyon'' as a term of viticultural
significance for purposes of part 4 of the TTB regulations.
The approval of the proposed Ballard Canyon viticultural area would
not affect any existing viticultural area, and any bottlers using
``Santa Ynez Valley'' or ``Central Coast'' as an appellation of origin
or in a brand name for wines made from grapes grown within the Santa
Ynez Valley or Central Coast viticultural areas would not be affected
by the establishment of this new viticultural area. The establishment
of the proposed Ballard Canyon viticultural area would allow vintners
to use ``Ballard Canyon,'' ``Santa Ynez Valley,'' and ``Central Coast''
as appellations of origin for wines made from grapes grown within the
proposed Ballard Canyon viticultural area if the wines meet the
eligibility requirements for the appellation.
For a wine to be labeled with a viticultural area name or with a
brand name that includes a viticultural area name, at least 85 percent
of the wine must be derived from grapes grown within the area
represented by that name, 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 a viticultural area name and that name 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 appears in another reference on the label in a
misleading manner, the bottler would have to obtain approval of a new
label.
Different rules apply if a wine has a brand name containing a
viticultural area name or other viticulturally significant term that
was used as a brand name on a label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it
[[Page 3376]]
should establish the proposed viticultural area. TTB is also interested
in receiving comments on the sufficiency and accuracy of the name,
boundary, soils, climate, and other required information submitted in
support of the petition. In addition, given the proposed Ballard Canyon
viticultural area's location within the existing Santa Ynez Valley and
Central Coast viticultural areas, TTB is interested in comments on
whether the evidence submitted in the petition regarding the
distinguishing features of the proposed viticultural area sufficiently
differentiates it from the existing Santa Ynez Valley and Central Coast
viticultural areas. TTB is also interested in comments whether the
geographic features of the proposed viticultural area are so
distinguishable from the surrounding Santa Ynez Valley and Central
Coast viticultural areas that the proposed Ballard Canyon viticultural
area should no longer be part of those viticultural areas. Please
provide any available specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Ballard Canyon viticultural area on wine labels that include
the term ``Ballard Canyon'' as discussed above under Impact on Current
Wine Labels, TTB is particularly interested in comments regarding
whether there will be a conflict between the proposed area name and
currently used brand names. If a commenter believes that a conflict
will arise, the comment should describe the nature of that conflict,
including any anticipated negative economic impact that approval of the
proposed viticultural area will have on an existing viticultural
enterprise. TTB is also interested in receiving suggestions for ways to
avoid conflicts, for example, by adopting a modified or different name
for the viticultural area.
Submitting Comments
You may submit comments on this notice by using one of the
following three methods (please note that TTB has a new address for
comments submitted by U.S. Mail):
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2013-
0001 on ``Regulations.gov,'' the Federal e-rulemaking portal, at https://www.regulations.gov. A direct link to that docket is available under
Notice No. 132 on the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml">https://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on ``User Guide'' under ``How
to Use this Site.''
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW., Suite 200-E, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 132 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly state if you are commenting for
yourself or on behalf of an association, business, or other entity. If
you are commenting on behalf of an entity, your comment must include
the entity's name as well as your name and position title. If you
comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this notice, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2013-0001 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A
direct link to that docket is available on the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 132. You may
also reach the relevant docket through the Regulations.gov search page
at https://www.regulations.gov. For information on how to use
Regulations.gov, click on the site's Help or FAQ tabs.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this notice, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments that TTB receives about this proposal by appointment at the
TTB Information Resource Center, 1310 G Street NW., Washington, DC
20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page.
Contact TTB's information specialist at the above address or by
telephone at 202-453-2270 to schedule an appointment or to request
copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866. Therefore, no regulatory assessment
is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
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.
[[Page 3377]]
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.---- to read as follows:
Sec. 9.---- Ballard Canyon.
(a) Name. The name of the viticultural area described in this
section is ``Ballard Canyon''. For purposes of part 4 of this chapter,
``Ballard Canyon'' is a term of viticultural significance.
(b) Approved maps. The three United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Ballard Canyon viticultural area are titled:
(1) Los Olivos, CA, 1995;
(2) Zaca Creek, Calif., 1959; and
(3) Solvang, CA, 1995.
(c) Boundary. The Ballard Canyon viticultural area is located in
Santa Barbara County, California. The boundary of the Ballard Canyon
viticultural area is as described below:
(1) The beginning point is on the Los Olivos map at the
intersection of State Route 154 and Foxen Canyon Road, section 23, T7N/
R31W.
(2) From the beginning point, proceed southwesterly in a straight
line approximately 0.3 mile, crossing onto the Zaca Creek map, to the
intersection of Ballard Canyon Road and an unnamed, unimproved road
known locally as Los Olivos Meadows Drive, T7N/R31W; then
(3) Proceed south-southeasterly in a straight line approximately 1
mile, crossing onto the Los Olivos map, to a marked, unnamed large
structure located within a circular-shaped 920-foot contour line in the
southwest corner of section 26, T7N/R31W; then
(4) Proceed south-southwesterly in a straight line approximately
1.25 miles, crossing onto the Zaca Creek map, to the marked by the
``Ball'' 801-foot elevation control point, T6N/R31W; then
(5) Proceed south-southwesterly in a straight line approximately
1.45 miles, crossing onto the Solvang map, to a marked, unnamed 775-
foot peak, T6N/R31W; then
(6) Proceed south-southwesterly in a straight line approximately
0.55 mile to a marked communication tower'' located within the 760-foot
contour line, T6N/R31W; then
(7) Proceed west-southwesterly in a straight line approximately
0.25 mile to the intersection of Chalk Hill Road and an unnamed light-
duty road known locally as Mesa Vista Lane, T6N/R31W; then
(8) Proceed west-southwesterly in a straight line approximately 0.6
mile to the southern-most terminus of a marked, unnamed stream known
locally as Ballard Creek, T6N/R31W; then
(9) Proceed northerly (upstream) along Ballard Creek approximately
0.35 miles to the creek's intersection with the 400-foot contour line,
T6N/R31W; then
(10) Proceed southerly and then northwesterly along the 400-foot
contour line approximately 1.5 miles, to the contour line's first
intersection with Ballard Canyon Road, T6N/R31W; then
(11) Proceed north-northeasterly in a straight line approximately
1.7 miles, crossing onto the Zaca Creek map, to the western-most
intersection of the 800-foot contour line and the T6N/T7N boundary line
(approximately 0.9 mile east of U.S Highway 101); then
(12) Proceed west along the T6N/T7N boundary line approximately 0.4
miles to the boundary line's third intersection with the 600-foot
contour line (approximately 0.5 mile east of U.S. Highway 101); then
(13) Proceed northerly along the meandering 600-foot elevation
contour line to the contour line's intersection with Zaca Creek, T7N/
R31W; then
(14) Proceed northeasterly in a straight line for approximately 1.2
miles to the western-most intersection of the southern boundary of the
Corral de Quati Land Grant and the 1,000-foot contour line
(approximately 0.4 mile east of U.S. Highway 101), T7N/R31W; then
(15) Proceed easterly along the meandering 1,000-foot contour line
approximately 1.5 miles to the contour line's third intersection with
the southern boundary of the Corral de Quati Land Grant (approximately
0.1 mile west of State Route 154), section 22, T7N/R31W; then
(16) Proceed southeasterly in a straight line approximately 0.8
miles, crossing onto the Los Olivos map, returning to the beginning
point.
Signed: January 8, 2013.
John J. Manfreda,
Administrator.
[FR Doc. 2013-00699 Filed 1-15-13; 8:45 am]
BILLING CODE 4810-31-P
