Proposed Establishment of the Squaw Valley-Miramonte Viticultural Area, 3184-3189 [2015-01015]
Download as PDF
<![CDATA[
3184
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules
M Street, NW., Suite 218, Washington,
DC 20036–4505;
(ii) By calling OSC, at: (800) 572–2249
(toll-free), or (202) 254–3600 (in the
Washington, DC area); or
(iii) Online, at: https://www.osc.gov (to
print out and complete on paper, or to
complete online).
(2) Filers may use another written
format to submit a disclosure to OSC,
but the submission should include:
(i) The name, mailing address, and
telephone number(s) of the person(s)
making the disclosure(s), and a time
when OSC can contact that person about
his or her disclosure;
(ii) The department or agency,
location and organizational unit
complained of; and
(iii) A statement as to whether the
filer consents to disclosure of his or her
identity by OSC to the agency involved
in connection with any OSC referral to
that agency.
(3) A disclosure can be filed in
writing with OSC by any of the
following methods:
(i) By mail, to: Office of Special
Counsel, Disclosure Unit, 1730 M Street
NW., Suite 218, Washington, DC 20036–
4505;
(ii) By fax, to: (202) 254–3711; or
(iii) Electronically, at: https://
www.osc.gov.
consumers to better identify wines they
may purchase. TTB invites comments
on this proposed addition to its
regulations.
Comments must be received by
March 23, 2015.
ADDRESSES: Please send your comments
on this notice to one of the following
addresses:
• Internet: https://www.regulations.gov
(via the online comment form for this
notice as posted within Docket No.
TTB–2015–0002 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 or view or obtain
copies of the petition and supporting
materials.
DATES:
FOR FURTHER INFORMATION CONTACT:
Dated: January 14, 2015.
Mark P. Cohen,
Principal Deputy Special Counsel.
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2015–00753 Filed 1–21–15; 8:45 am]
Background on Viticultural Areas
BILLING CODE 7405–01–P
TTB Authority
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2015–0002; Notice No.
146]
RIN 1513–AC12
Proposed Establishment of the Squaw
Valley–Miramonte Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 44,690-acre
‘‘Squaw Valley–Miramonte’’ viticultural
area in Fresno County, California. The
proposed viticultural area does not
overlap any established viticultural
area. TTB designates viticultural areas
to allow vintners to better describe the
origin of their wines and to allow
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:35 Jan 21, 2015
Jkt 235001
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the 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 December 10, 2013, 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) authorizes TTB to establish
definitive viticultural areas and regulate
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
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 (AVAs) and
lists the approved AVAs.
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 the wine’s geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA 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 AVA and provides that
any interested party may petition TTB
to establish a grape-growing region as an
AVA. Section 9.12 of the TTB
regulations (27 CFR 9.12) prescribes the
standards for petitions requesting the
establishment or modification of AVAs.
Petitions to establish an AVA must
include the following:
• Evidence that the region within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed viticultural AVA;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
E:\FR\FM\22JAP1.SGM
22JAP1
3185
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules
Squaw Valley–Miramonte Petition
TTB received a petition from
Christine Flannigan, owner of the Sierra
Peaks Winery and Purgatory Vineyards,
on behalf of herself and other members
of the Squaw Valley Grape Growers
Group, proposing the establishment of
the ‘‘Squaw Valley–Miramonte’’ AVA.
The proposed Squaw Valley–Miramonte
AVA is located in Fresno County,
California, approximately 40 miles east
of the city of Fresno. The proposed AVA
is a largely rural region in the foothills
of the Sierra Nevada Mountains and
includes the communities of Squaw
Valley, Dunlap, and Miramonte. The
proposed AVA does not overlap any
established AVAs.
The proposed Squaw Valley–
Miramonte AVA contains
approximately 44,690 acres and has 3
bonded wineries and 5 commercially
producing vineyards, covering a total of
7.5 acres, distributed across the
proposed AVA. The petition states that
vineyards within the proposed AVA are
small due to the region’s steep and
rugged terrain, which requires most
vineyard work to be done by hand
rather than by machine. According to
the petition, the distinguishing features
of the proposed AVA include its
climate, topography, and soils. Unless
otherwise noted, all information and
data pertaining to the proposed AVA
contained in this document are from the
petition for the proposed Squaw Valley–
Miramonte AVA and its supporting
exhibits.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Name Evidence
The proposed Squaw Valley–
Miramonte AVA derives its name from
the communities of Squaw Valley and
Miramonte. Squaw Valley is the largest
community within the proposed AVA
and is located in the western portion of
the proposed AVA. The community of
Squaw Valley appears on the Tucker
Mountain USGS quadrangle map, as
does a large valley labeled ‘‘Squaw
Valley.’’ Additionally, the same map
shows the Squaw Valley Cemetery and
the Squaw Valley School. The petition
also included evidence that the name
‘‘Squaw Valley’’ is associated with
businesses in the proposed AVA,
including Squaw Valley Realty, Squaw
Valley Trading Center, Squaw Valley
Motel, and Squaw Valley Herb Gardens.
In order to avoid confusion with other
locations in the United States that are
known as Squaw Valley, including the
famous Squaw Valley ski resort in
Placer County, California, the petitioner
added ‘‘Miramonte’’ to the proposed
AVA name. As shown on the Miramonte
quadrangle map, Miramonte is a small
community in the easternmost portion
of the proposed AVA. The Miramonte
Conservation Camp, a State of California
facility, is also shown on the Miramonte
quadrangle map. The community of
Miramonte is served by the Miramonte
Post Office. TTB notes that several
established AVAs have combined the
names of geographic features or
communities located within the
particular AVA in order to provide a
geographically distinct name for the
AVA, including Pine Mountain–
Cloverdale Peak (27 CFR 9.220) and Fort
Ross-Seaview (27 CFR 9.221).
Boundary Evidence
The proposed Squaw Valley–
Miramonte AVA is a region of steep,
rocky slopes in the western foothills of
the Sierra Nevada Mountains. To the
north and east of the proposed AVA is
the Sequoia National Forest. The San
Joaquin Valley, which includes the
cities of Fresno and Orange Cove, is to
the south, west, and northwest of the
proposed AVA. Elevations within the
proposed AVA range from
approximately 1,600 feet along its
proposed western and southern borders
to approximately 3,500 feet along its
proposed eastern border.
The proposed northern boundary
follows the northern boundaries of
several sections on the Luckett
Mountain USGS quadrangle map.
Although the features of the region
immediately outside the proposed
northern boundary are identical to those
within the proposed AVA, the proposed
northern boundary marks the northern
extent of current viticulture in the
region. Approximately 5 miles north of
the proposed northern boundary is the
Sequoia National Forest, which was
excluded from the proposed AVA
primarily because its public lands are
unavailable for commercial viticulture.
The eastern portion of the proposed
boundary also follows the boundary of
the Sequoia National Forest. The
southern portion of the proposed
boundary follows the Fresno-Tulare
County line and several section lines on
the Tucker Mountain and Orange Cove
North USGS quadrangle maps. To the
immediate south of the proposed
boundary, the elevations are lower and
broad valleys are more numerous than
within the proposed AVA. The San
Joaquin Valley is just farther south of
that area. The western portion of the
proposed boundary follows straight
lines drawn between mountain peaks
and separates the higher elevations of
the proposed AVA from both the lower
mountain slopes to the immediate west
of the proposed boundary and from the
San Joaquin Valley, farther to the west.
Distinguishing Features
The distinguishing features of the
proposed Squaw Valley–Miramonte
AVA include its climate, topography,
and soils.
Climate
The petition provided information on
the temperature and precipitation
within the proposed AVA and the
surrounding regions.
Temperature: According to the
petition, the climate of the proposed
Squaw Valley–Miramonte AVA is
subhumid mesothermal (high humidity
and precipitation amounts, with winter
temperatures too warm to sustain snow
cover). Daytime temperatures within the
proposed AVA are generally cooler than
in the neighboring San Joaquin Valley to
the south, west, and northwest.
However, nighttime temperatures are
usually warmer within the proposed
AVA than within the San Joaquin Valley
because cool air drains off the slopes of
the proposed AVA at night and settles
in the valley. As a result of the warm
nighttime temperatures, the difference
between the average daily high and low
temperatures within the proposed AVA
is small, particularly during the growing
season. The difference between the
average daily high and daily low
temperatures is known as the diurnal
temperature range (DTR). The following
two tables summarize the average
monthly high and low temperatures in
degrees Fahrenheit for the proposed
AVA and the surrounding regions, as
well as the average monthly DTR.
TABLE 1—AVERAGE DAILY HIGH AND LOW TEMPERATURES
Purgatory Vineyards 1
(within proposed AVA)
Orange Cove 2
(southwest)
Piedra 3
(northwest)
Pinehurst 4
(east)
Month
Average
high
Jan ...................................................................
VerDate Sep<11>2014
17:35 Jan 21, 2015
Jkt 235001
PO 00000
Average
low
57
Frm 00004
44
Fmt 4702
Average
high
57
Sfmt 4702
Average
low
Average
high
36
E:\FR\FM\22JAP1.SGM
Average
low
55
22JAP1
37
Average
high
57
Average
low
38
3186
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules
TABLE 1—AVERAGE DAILY HIGH AND LOW TEMPERATURES—Continued
Purgatory Vineyards 1
(within proposed AVA)
Piedra 3
(northwest)
Orange Cove 2
(southwest)
Pinehurst 4
(east)
Month
Average
high
Feb ...................................................................
Mar ...................................................................
Apr ....................................................................
May ..................................................................
June .................................................................
July ...................................................................
Aug ...................................................................
Sept ..................................................................
Oct ....................................................................
Nov ...................................................................
Dec ...................................................................
Average
low
52
55
62
70
78
86
89
85
71
60
52
Average
high
41
43
48
55
63
72
75
71
58
47
41
Average
low
61
65
70
79
89
95
95
92
78
64
58
Average
high
37
40
43
46
55
61
60
58
50
39
36
Average
low
63
68
76
85
93
99
98
92
81
66
56
Average
high
40
43
46
52
58
62
61
57
49
41
36
Average
low
51
55
59
68
80
89
90
87
72
60
53
35
36
36
44
54
62
63
65
52
40
36
TABLE 2—AVERAGE MONTHLY DIURNAL TEMPERATURE RANGE (DTR)
Purgatory
Vineyards
(within proposed AVA)
Month
January ............................................................................................................
February ...........................................................................................................
March ...............................................................................................................
April ..................................................................................................................
May ..................................................................................................................
June .................................................................................................................
July ...................................................................................................................
August ..............................................................................................................
September .......................................................................................................
October ............................................................................................................
November ........................................................................................................
December ........................................................................................................
tkelley on DSK3SPTVN1PROD with PROPOSALS
The data in the tables shows that the
average monthly high temperatures in
the proposed Squaw Valley–Miramonte
AVA are generally cooler and the
average monthly low temperatures are
warmer than the temperatures in the
regions to the northwest and southwest.
As a result, the average monthly DTR
within the proposed AVA is smaller
than the average monthly DTR within
the San Joaquin Valley. Average
monthly high temperatures to the east of
the proposed AVA are similar to the
temperatures of the proposed AVA, but
the average monthly lows in that eastern
region are generally cooler, resulting in
1 Data obtained from private weather station for
2011–2012.
2 Data obtained from California Irrigation
Management Information System Station #142 from
2010–2012 (https://www.cimis.water.ca.gov).
3 Data obtained from Intellicast weather Web site
historical averages for Piedra, CA (https://
www.intellicast.com/Local/
History.aspx?location=USCA0861). The Web site
does not list the years from which the data was
gathered.
4 Data obtained from Western Regional Climate
Center Web site for 2010–2012 (https://
www.raws.dri.edu/cgi-bin/rawMAIN.pl?caCPIH).
VerDate Sep<11>2014
17:35 Jan 21, 2015
Jkt 235001
13
11
12
14
15
15
14
14
14
13
13
11
greater average monthly DTRs than are
found within the proposed AVA.
According to the petition, cool
daytime temperatures and warm
nighttime temperatures during the
growing season produce higher levels of
sugar and anthocyanins (pigments
responsible for the color of grape skins)
at harvest. Additionally, grapes grown
in moderate climates such as the
proposed Squaw Valley–Miramonte
AVA have higher levels of malic acid
(an organic compound that contributes
to the flavor of grapes) than grapes
grown in warmer regions, such as the
nearby San Joaquin Valley. Finally, the
cooler temperatures of the proposed
AVA result in later harvest dates than
occur in the warmer San Joaquin Valley.
Precipitation: The petition included
data on annual precipitation amounts
within the proposed Squaw Valley–
Miramonte AVA and the surrounding
regions. The precipitation data set forth
in the following table were collected
from the same sources and during the
same time periods as the temperature
data in Tables 1 and 2.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
Orange Cove
(southwest)
Piedra
(northwest)
21
24
25
27
33
34
34
35
34
28
25
22
Pinehurst
(east)
18
23
25
30
33
35
37
37
35
32
25
20
19
16
19
23
24
26
27
27
22
20
20
17
TABLE 3—AVERAGE ANNUAL
PRECIPITATION AMOUNTS
Location
(direction from proposed
AVA)
Purgatory Vineyards (within) ..................................
Orange Cove (southwest)
Piedra (northwest) ............
Pinehurst (east) ................
Precipitation
(in inches)
40.85
15.48
12.27
51.42
The data in the table shows that the
proposed Squaw Valley–Miramonte
AVA receives more rainfall annually
than the regions to the northwest and
southwest, within the San Joaquin
Valley, and less rainfall than the region
to the east in the higher elevations of the
Sierra Nevada Mountains and the
Sequoia National Forest. The high
rainfall amounts within the proposed
AVA increase the risk of erosion on the
steep hillsides. In order to minimize
erosion, vineyard owners plant cover
crops between vineyard rows and mow
between the rows, instead of using a
disk harrow to till the soil. Vineyards
located in areas with high rainfall
amounts are usually more susceptible to
E:\FR\FM\22JAP1.SGM
22JAP1
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules
root diseases, fruit rot, and powdery
mildew than vineyards in drier areas.
However, the steep slope angles and
thin soil within the proposed AVA
promote rapid drainage, which reduces
the risk of root disease. Additionally,
the risk of fruit rot and mildew within
the proposed AVA is mitigated because
the leaf canopies are dried by breezes
that rise from the San Joaquin Valley
during the day and flow down from the
higher elevations and through the
proposed AVA at night.
Topography
The proposed Squaw Valley–
Miramonte AVA is located in the
foothills of the Sierra Nevada
Mountains. The terrain is characterized
by steep and rugged hillsides covered
3187
with boulders and oak woodlands,
although a few valleys exist within the
proposed AVA. Slope angles within the
proposed AVA range from 5 percent to
over 75 percent, and elevations range
from approximately 1,600 feet to
approximately 3,500 feet. The following
table shows the elevations and average
slope angles of the vineyards within the
proposed AVA.
TABLE 4—PROPOSED AVA VINEYARD ELEVATIONS AND SLOPE ANGLES
Elevation
(in feet)
Vineyard
tkelley on DSK3SPTVN1PROD with PROPOSALS
Riffelhoff ...................................................................................................................................................................
Purgatory .................................................................................................................................................................
White Ginger ............................................................................................................................................................
Adrian Joseph ..........................................................................................................................................................
Buttercup ..................................................................................................................................................................
Immediately outside of the northern
boundary of the proposed Squaw
Valley–Miramonte AVA, the terrain is
similar to that found within the
proposed AVA. However, this region
was not included in the proposed AVA
due to a lack of viticulture. The Sequoia
National Forest, located approximately
5 miles north of the proposed AVA, was
excluded from the proposed AVA not
only because of its higher elevations but
also because its status as a national
forest makes the region unavailable for
commercial viticulture. The Sequoia
National Forest also borders the
proposed AVA to the east, as does a
small mountainous region that is not
within the national forest that was
excluded from the proposed AVA
because its higher, steeper elevations are
unsuitable for viticulture. To the south
and west of the proposed AVA, the
elevations become lower and the slope
angles become shallower as the foothills
give way to the broad, flat terrain of the
San Joaquin Valley.
The topography of the proposed AVA
has an effect on viticulture. The
ruggedness of the terrain limits the
amount of flat, open spaces, so the
vineyards are planted on the mountain
slopes. The steepness of the slopes
allows for only very limited use of
mechanized spray and harvest
equipment, so much of the vineyard
work is done by hand. Due to the
difficulty of working the vineyards by
hand, individual vineyards within the
proposed AVA are small. By contrast,
vineyards within the San Joaquin Valley
are generally much larger because the
broad, open valley provides ample
space for vineyards, and machinery can
be used more safely and easily on the
flat terrain. The steep slopes of the
proposed AVA increase the risk of
VerDate Sep<11>2014
17:35 Jan 21, 2015
Jkt 235001
erosion, which is controlled by planting
cover crops and mowing between the
vineyard rows instead of disking.
However, the steep hillsides also
promote increased airflow and drainage,
which lessen the risk of mildew and rot.
Finally, the high elevations of the
proposed AVA allow the vineyards to
receive more sunlight than vineyards at
lower elevations within the San Joaquin
Valley because fog is generally not
present at elevations above 1,600 feet.
Soils
The majority of the soils within the
proposed Squaw Valley–Miramonte
AVA are derived from granitic material,
mainly quartz diorite. The three most
common soil series are the Vista, Sierra,
and Auberry series. All three soil series
are described as having good drainage,
which reduces the risk of root disease.
The soils within the proposed AVA
have pH levels ranging from a slightly
acidic 5.6 to a neutral 7.3, levels which
are adequate for viticulture and do not
promote overly vigorous vine or canopy
growth. The soils within the proposed
AVA are severely deficient in nitrogen,
a nutrient necessary for vine growth,
and therefore require supplementation.
Additionally, soils in some of the
vineyards within the proposed AVA
have an excess of potassium, which
interferes with the vines’ ability to
uptake magnesium. As a result,
magnesium must be added to the soil in
these vineyards.
To the north of the proposed Squaw
Valley–Miramonte AVA, the soils are
primarily of the Coarsegold and Trabuco
series. Coarsegold series soils are
derived from weathered schist, while
Trabuco series soils are derived from
igneous rock. The most common soil
series east of the proposed AVA are the
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
3,000
3,200
2,000
1,800–2,000
1,800
Slope angles
(percent)
15–35
25–35
15
20–40
15
Holland series, derived from weathered
granitic rock, and the Aiken series,
derived from volcanic rocks. The soils
in the area directly east of the proposed
AVA are more acidic than the soils
within the proposed AVA due to deep
mats of decomposing needle litter from
conifer trees. South of the proposed
AVA, rock outcropping complexes such
as the Auberry Rock Outcrop and the
Blasingame Rock Outcrop are common.
Farther south, within the San Joaquin
Valley, alluvial soils such as San
Joaquin loam and San Joaquin sandy
loam become common. To the west of
the proposed AVA, the most common
soil series are the Hanford and
Greenfield series. The soils west of the
proposed AVA are less acidic, have
finer textures, and are comprised
primarily of alluvium.
Summary of Distinguishing Features
In summary, the climate, topography,
and soils of the proposed Squaw
Valley–Miramonte AVA distinguish it
from the surrounding regions. The
region to the north has higher, steeper
elevations than the proposed AVA. The
region to the east has higher, steeper
elevations, as well as higher
precipitation amounts and higher soil
acidity levels than the proposed AVA.
Portions of the regions to the north and
east of the proposed were also excluded
because they are part of the Sequoia
National Forest and therefore are
unavailable for commercial viticulture.
To the south, west, and northwest of the
proposed AVA lies the San Joaquin
Valley, which has low elevations, flat
terrain, and soils comprised primarily of
alluvium. Additionally, within the San
Joaquin Valley, average monthly high
temperatures are warmer and annual
precipitation amounts are lower than
E:\FR\FM\22JAP1.SGM
22JAP1
3188
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules
within the proposed Squaw Valley–
Miramonte AVA.
TTB Determination
TTB concludes that the petition to
establish the approximately 44,690-acre
Squaw Valley–Miramonte AVA merits
consideration and public comment, as
invited in this notice of proposed
rulemaking.
Boundary Description
See the narrative description of the
boundary of the petitioned-for AVA in
the proposed regulatory text published
at the end of this proposed rule.
tkelley on DSK3SPTVN1PROD with PROPOSALS
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. For a
wine to be labeled with an AVA name
or with a brand name that includes an
AVA 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 § 4.25(e)(3) of
the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling
with an AVA 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
AVA 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 an
AVA name that was used as a brand
name on a label approved before July 7,
1986. See § 4.39 of the TTB regulations
(27 CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA,
its name, ‘‘Squaw Valley–Miramonte,’’
will be recognized as a name of
viticultural significance under
§ 4.39(i)(3) of the TTB regulations (27
CFR 4.39(i)(3)). TTB does not believe
that the term ‘‘Squaw Valley,’’ standing
alone, has viticultural significance, as
this name is associated with multiple
locations outside the proposed AVA.
Although the USGS Geographic Names
Information System (GNIS) lists 6 uses
of the name ‘‘Squaw Valley’’ within the
proposed AVA, it also lists an
additional 33 uses in 7 States, including
locations in Placer, Lake, Shasta,
Plumas, and Lassen Counties in
California. Additionally, TTB does not
believe that the term ‘‘Miramonte,’’
standing alone, has viticultural
VerDate Sep<11>2014
17:35 Jan 21, 2015
Jkt 235001
significance, as this name is also
associated with multiple locations
outside the proposed AVA. The GNIS
lists 6 uses of the term ‘‘Miramonte’’
within the proposed AVA, but also lists
an additional 17 uses within California
and Colorado. Therefore, if TTB
establishes this proposed AVA, only the
full name ‘‘Squaw Valley–Miramonte’’
will be recognized as a term 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 ‘‘Squaw Valley–Miramonte’’ 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
AVA name as an appellation of origin if
this proposed rule is adopted as a final
rule. The approval of the proposed
Squaw Valley–Miramonte AVA would
not affect any existing AVA.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should establish the proposed Squaw
Valley–Miramonte AVA. 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. Please provide
any available specific information in
support of your comments.
Because of the potential impact of the
establishment of the proposed Squaw
Valley–Miramonte AVA on wine labels
that include the term ‘‘Squaw Valley–
Miramonte,’’ 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 AVA
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 AVA 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 AVA.
Submitting Comments
You may submit comments on this
notice by using one of the following
three methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this notice
within Docket No. TTB–2015–0002 on
‘‘Regulations.gov,’’ the Federal e-
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 146 on the TTB Web site at
https://www.ttb.gov/wine/winerulemaking.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 the ‘‘Help’’ tab.
• 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. 146 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–2015–
E:\FR\FM\22JAP1.SGM
22JAP1
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules
0002 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. 146.
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’’ tab.
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. Please note that TTB is
unable to provide copies of USGS maps
or other similarly-sized documents that
may be included as part of the AVA
petition. 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.
tkelley on DSK3SPTVN1PROD with PROPOSALS
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
It has been determined that this
proposed rule is not a significant
regulatory action as defined by
Executive Order 12866 of September 30,
1993. Therefore, no regulatory
assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this notice
of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
VerDate Sep<11>2014
17:35 Jan 21, 2015
Jkt 235001
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9 of the Code of
Federal Regulations, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Subpart C is amended by adding
§ 9.lll to read as follows:
■
§ 9.lll
Squaw Valley–Miramonte.
(a) Name. The name of the viticultural
area described in this section is ‘‘Squaw
Valley–Miramonte’’. For purposes of
part 4 of this chapter, ‘‘Squaw Valley–
Miramonte’’ is a term of viticultural
significance.
(b) Approved maps. The six United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Squaw
Valley–Miramonte viticultural area are
titled:
(1) Orange Cove North, Calif., 1966;
(2) Pine Flat Dam, Calif., 1965;
photoinspected 1978;
(3) Luckett Mtn., Calif., provisional
edition 1987;
(4) Verplank Ridge, Calif., provisional
edition 1987;
(5) Miramonte, Calif., 1966; and
(6) Tucker Mtn., Calif., 1966.
(c) Boundary. The Squaw Valley–
Miramonte viticultural area is located in
Fresno County, California. The
boundary of the Squaw Valley–
Miramonte viticultural area is as
described below:
(1) The beginning point is located on
the Orange Cove North map, at the
southwest corner of section 21, T14S/
R25E. From the beginning point,
proceed north-northwesterly in a
straight line to the marked 3,355-foot
elevation point on Bear Mountain,
section 5, T14S/R25E; then
(2) Proceed northeast in a straight
line, crossing onto the Pine Flat Dam
map and over the marked 3,354-foot
elevation point on Bear Mountain,
section 32, T13S/R25E, and then
continuing northeasterly in a straight
line and crossing onto the Luckett
Mountain map, proceed to the marked
3,489-foot summit of Dalton Mountain,
section 22, T13S/R25E; then
(3) Proceed easterly in a straight line
to the Sequoia National Forest boundary
line at the northwest corner of section
28, T13S/R26E; then
PO 00000
Frm 00008
Fmt 4702
Sfmt 9990
3189
(4) Proceed east along the Sequoia
National Forest boundary line, crossing
onto the Verplank Ridge map, and
continue south, then east, then south
along the national forest boundary line,
crossing onto the Miramonte map, and
then continue south, then east along the
national forest boundary line to the
northeast corner of section 5, T14S/
R27E; then
(5) Proceed south along the eastern
boundary lines of sections 5, 8, and 17,
T14S/R27E, to the southeast corner of
section 17; then
(6) Proceed east along the northern
boundary line of section 21, T14S/R27E,
to the northeast corner of that section;
then
(7) Proceed south along the eastern
boundary lines of sections 21, 28, and
33, T14S/R27E, to the Fresno–Tulare
County boundary line at the southeast
corner of section 33; then
(8) Proceed west along the Fresno–
Tulare County boundary line, crossing
onto the Tucker Mountain map, to the
southwest corner of section 34, T14S/
R26E; then
(9) Proceed north along the western
boundary lines of sections 34, 27, 22,
and 15, T14S/R26E, to the northwest
corner of section15; then
(10) Proceed west along the southern
boundary lines of sections 9, 8, and 7,
T14S/R26E, and sections 12 and 11,
T14S/R25E, to the southwest corner of
section 11; then
(11) Proceed south along the eastern
boundary lines of sections 15 and 22,
T14S/R25E, to the southeast corner of
section 22; then
(12) Proceed west along the southern
boundary line of section 22, T14S/R25E,
and, crossing onto the Orange Cove
North map, continue west along the
southern boundary line of section 21,
T14S/R25E, returning to the beginning
point.
Signed: January 15, 2015.
Mary G. Ryan,
Acting Administrator.
[FR Doc. 2015–01015 Filed 1–21–15; 8:45 am]
BILLING CODE 4810–31–P
E:\FR\FM\22JAP1.SGM
22JAP1
]]>Agencies
[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Proposed Rules]
[Pages 3184-3189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01015]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2015-0002; Notice No. 146]
RIN 1513-AC12
Proposed Establishment of the Squaw Valley-Miramonte 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 44,690-acre ``Squaw Valley-Miramonte''
viticultural area in Fresno County, California. The proposed
viticultural area does not overlap any established 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 23, 2015.
ADDRESSES: Please send your comments on this notice to one of the
following addresses:
Internet: https://www.regulations.gov (via the online
comment form for this notice as posted within Docket No. TTB-2015-0002
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 or view or obtain copies
of the petition and supporting materials.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street 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 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
December 10, 2013, 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) authorizes TTB to
establish definitive viticultural areas and regulate 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 (AVAs) and
lists the approved AVAs.
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 the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA 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 AVA and provides that any interested party may
petition TTB to establish a grape-growing region as an AVA. Section
9.12 of the TTB regulations (27 CFR 9.12) prescribes the standards for
petitions requesting the establishment or modification of AVAs.
Petitions to establish an AVA must include the following:
Evidence that the region within the proposed AVA boundary
is nationally or locally known by the AVA name specified in the
petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed viticultural
AVA;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
[[Page 3185]]
Squaw Valley-Miramonte Petition
TTB received a petition from Christine Flannigan, owner of the
Sierra Peaks Winery and Purgatory Vineyards, on behalf of herself and
other members of the Squaw Valley Grape Growers Group, proposing the
establishment of the ``Squaw Valley-Miramonte'' AVA. The proposed Squaw
Valley-Miramonte AVA is located in Fresno County, California,
approximately 40 miles east of the city of Fresno. The proposed AVA is
a largely rural region in the foothills of the Sierra Nevada Mountains
and includes the communities of Squaw Valley, Dunlap, and Miramonte.
The proposed AVA does not overlap any established AVAs.
The proposed Squaw Valley-Miramonte AVA contains approximately
44,690 acres and has 3 bonded wineries and 5 commercially producing
vineyards, covering a total of 7.5 acres, distributed across the
proposed AVA. The petition states that vineyards within the proposed
AVA are small due to the region's steep and rugged terrain, which
requires most vineyard work to be done by hand rather than by machine.
According to the petition, the distinguishing features of the proposed
AVA include its climate, topography, and soils. Unless otherwise noted,
all information and data pertaining to the proposed AVA contained in
this document are from the petition for the proposed Squaw Valley-
Miramonte AVA and its supporting exhibits.
Name Evidence
The proposed Squaw Valley-Miramonte AVA derives its name from the
communities of Squaw Valley and Miramonte. Squaw Valley is the largest
community within the proposed AVA and is located in the western portion
of the proposed AVA. The community of Squaw Valley appears on the
Tucker Mountain USGS quadrangle map, as does a large valley labeled
``Squaw Valley.'' Additionally, the same map shows the Squaw Valley
Cemetery and the Squaw Valley School. The petition also included
evidence that the name ``Squaw Valley'' is associated with businesses
in the proposed AVA, including Squaw Valley Realty, Squaw Valley
Trading Center, Squaw Valley Motel, and Squaw Valley Herb Gardens.
In order to avoid confusion with other locations in the United
States that are known as Squaw Valley, including the famous Squaw
Valley ski resort in Placer County, California, the petitioner added
``Miramonte'' to the proposed AVA name. As shown on the Miramonte
quadrangle map, Miramonte is a small community in the easternmost
portion of the proposed AVA. The Miramonte Conservation Camp, a State
of California facility, is also shown on the Miramonte quadrangle map.
The community of Miramonte is served by the Miramonte Post Office. TTB
notes that several established AVAs have combined the names of
geographic features or communities located within the particular AVA in
order to provide a geographically distinct name for the AVA, including
Pine Mountain-Cloverdale Peak (27 CFR 9.220) and Fort Ross-Seaview (27
CFR 9.221).
Boundary Evidence
The proposed Squaw Valley-Miramonte AVA is a region of steep, rocky
slopes in the western foothills of the Sierra Nevada Mountains. To the
north and east of the proposed AVA is the Sequoia National Forest. The
San Joaquin Valley, which includes the cities of Fresno and Orange
Cove, is to the south, west, and northwest of the proposed AVA.
Elevations within the proposed AVA range from approximately 1,600 feet
along its proposed western and southern borders to approximately 3,500
feet along its proposed eastern border.
The proposed northern boundary follows the northern boundaries of
several sections on the Luckett Mountain USGS quadrangle map. Although
the features of the region immediately outside the proposed northern
boundary are identical to those within the proposed AVA, the proposed
northern boundary marks the northern extent of current viticulture in
the region. Approximately 5 miles north of the proposed northern
boundary is the Sequoia National Forest, which was excluded from the
proposed AVA primarily because its public lands are unavailable for
commercial viticulture. The eastern portion of the proposed boundary
also follows the boundary of the Sequoia National Forest. The southern
portion of the proposed boundary follows the Fresno-Tulare County line
and several section lines on the Tucker Mountain and Orange Cove North
USGS quadrangle maps. To the immediate south of the proposed boundary,
the elevations are lower and broad valleys are more numerous than
within the proposed AVA. The San Joaquin Valley is just farther south
of that area. The western portion of the proposed boundary follows
straight lines drawn between mountain peaks and separates the higher
elevations of the proposed AVA from both the lower mountain slopes to
the immediate west of the proposed boundary and from the San Joaquin
Valley, farther to the west.
Distinguishing Features
The distinguishing features of the proposed Squaw Valley-Miramonte
AVA include its climate, topography, and soils.
Climate
The petition provided information on the temperature and
precipitation within the proposed AVA and the surrounding regions.
Temperature: According to the petition, the climate of the proposed
Squaw Valley-Miramonte AVA is subhumid mesothermal (high humidity and
precipitation amounts, with winter temperatures too warm to sustain
snow cover). Daytime temperatures within the proposed AVA are generally
cooler than in the neighboring San Joaquin Valley to the south, west,
and northwest. However, nighttime temperatures are usually warmer
within the proposed AVA than within the San Joaquin Valley because cool
air drains off the slopes of the proposed AVA at night and settles in
the valley. As a result of the warm nighttime temperatures, the
difference between the average daily high and low temperatures within
the proposed AVA is small, particularly during the growing season. The
difference between the average daily high and daily low temperatures is
known as the diurnal temperature range (DTR). The following two tables
summarize the average monthly high and low temperatures in degrees
Fahrenheit for the proposed AVA and the surrounding regions, as well as
the average monthly DTR.
Table 1--Average Daily High and Low Temperatures
--------------------------------------------------------------------------------------------------------------------------------------------------------
Purgatory Vineyards Orange Cove \2\ Piedra \3\ Pinehurst \4\ (east)
\1\ (within proposed (southwest) (northwest) ---------------------
AVA) --------------------------------------------
Month ---------------------- Average Average
Average Average Average Average Average Average high low
high low high low high low
--------------------------------------------------------------------------------------------------------------------------------------------------------
Jan............................................................. 57 44 57 36 55 37 57 38
[[Page 3186]]
Feb............................................................. 52 41 61 37 63 40 51 35
Mar............................................................. 55 43 65 40 68 43 55 36
Apr............................................................. 62 48 70 43 76 46 59 36
May............................................................. 70 55 79 46 85 52 68 44
June............................................................ 78 63 89 55 93 58 80 54
July............................................................ 86 72 95 61 99 62 89 62
Aug............................................................. 89 75 95 60 98 61 90 63
Sept............................................................ 85 71 92 58 92 57 87 65
Oct............................................................. 71 58 78 50 81 49 72 52
Nov............................................................. 60 47 64 39 66 41 60 40
Dec............................................................. 52 41 58 36 56 36 53 36
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Average Monthly Diurnal Temperature Range (DTR)
----------------------------------------------------------------------------------------------------------------
Purgatory
Vineyards Orange Cove Piedra Pinehurst
Month (within (southwest) (northwest) (east)
proposed AVA)
----------------------------------------------------------------------------------------------------------------
January......................................... 13 21 18 19
February........................................ 11 24 23 16
March........................................... 12 25 25 19
April........................................... 14 27 30 23
May............................................. 15 33 33 24
June............................................ 15 34 35 26
July............................................ 14 34 37 27
August.......................................... 14 35 37 27
September....................................... 14 34 35 22
October......................................... 13 28 32 20
November........................................ 13 25 25 20
December........................................ 11 22 20 17
----------------------------------------------------------------------------------------------------------------
The data in the tables shows that the average monthly high
temperatures in the proposed Squaw Valley-Miramonte AVA are generally
cooler and the average monthly low temperatures are warmer than the
temperatures in the regions to the northwest and southwest. As a
result, the average monthly DTR within the proposed AVA is smaller than
the average monthly DTR within the San Joaquin Valley. Average monthly
high temperatures to the east of the proposed AVA are similar to the
temperatures of the proposed AVA, but the average monthly lows in that
eastern region are generally cooler, resulting in greater average
monthly DTRs than are found within the proposed AVA.
---------------------------------------------------------------------------
\1\ Data obtained from private weather station for 2011-2012.
\2\ Data obtained from California Irrigation Management
Information System Station #142 from 2010-2012 (https://www.cimis.water.ca.gov).
\3\ Data obtained from Intellicast weather Web site historical
averages for Piedra, CA (https://www.intellicast.com/Local/History.aspx?location=USCA0861). The Web site does not list the
years from which the data was gathered.
\4\ Data obtained from Western Regional Climate Center Web site
for 2010-2012 (https://www.raws.dri.edu/cgi-bin/rawMAIN.pl?caCPIH).
---------------------------------------------------------------------------
According to the petition, cool daytime temperatures and warm
nighttime temperatures during the growing season produce higher levels
of sugar and anthocyanins (pigments responsible for the color of grape
skins) at harvest. Additionally, grapes grown in moderate climates such
as the proposed Squaw Valley-Miramonte AVA have higher levels of malic
acid (an organic compound that contributes to the flavor of grapes)
than grapes grown in warmer regions, such as the nearby San Joaquin
Valley. Finally, the cooler temperatures of the proposed AVA result in
later harvest dates than occur in the warmer San Joaquin Valley.
Precipitation: The petition included data on annual precipitation
amounts within the proposed Squaw Valley-Miramonte AVA and the
surrounding regions. The precipitation data set forth in the following
table were collected from the same sources and during the same time
periods as the temperature data in Tables 1 and 2.
Table 3--Average Annual Precipitation Amounts
------------------------------------------------------------------------
Precipitation
Location (direction from proposed AVA) (in inches)
------------------------------------------------------------------------
Purgatory Vineyards (within).......................... 40.85
Orange Cove (southwest)............................... 15.48
Piedra (northwest).................................... 12.27
Pinehurst (east)...................................... 51.42
------------------------------------------------------------------------
The data in the table shows that the proposed Squaw Valley-
Miramonte AVA receives more rainfall annually than the regions to the
northwest and southwest, within the San Joaquin Valley, and less
rainfall than the region to the east in the higher elevations of the
Sierra Nevada Mountains and the Sequoia National Forest. The high
rainfall amounts within the proposed AVA increase the risk of erosion
on the steep hillsides. In order to minimize erosion, vineyard owners
plant cover crops between vineyard rows and mow between the rows,
instead of using a disk harrow to till the soil. Vineyards located in
areas with high rainfall amounts are usually more susceptible to
[[Page 3187]]
root diseases, fruit rot, and powdery mildew than vineyards in drier
areas. However, the steep slope angles and thin soil within the
proposed AVA promote rapid drainage, which reduces the risk of root
disease. Additionally, the risk of fruit rot and mildew within the
proposed AVA is mitigated because the leaf canopies are dried by
breezes that rise from the San Joaquin Valley during the day and flow
down from the higher elevations and through the proposed AVA at night.
Topography
The proposed Squaw Valley-Miramonte AVA is located in the foothills
of the Sierra Nevada Mountains. The terrain is characterized by steep
and rugged hillsides covered with boulders and oak woodlands, although
a few valleys exist within the proposed AVA. Slope angles within the
proposed AVA range from 5 percent to over 75 percent, and elevations
range from approximately 1,600 feet to approximately 3,500 feet. The
following table shows the elevations and average slope angles of the
vineyards within the proposed AVA.
Table 4--Proposed AVA Vineyard Elevations and Slope Angles
------------------------------------------------------------------------
Elevation (in Slope angles
Vineyard feet) (percent)
------------------------------------------------------------------------
Riffelhoff.............................. 3,000 15-35
Purgatory............................... 3,200 25-35
White Ginger............................ 2,000 15
Adrian Joseph........................... 1,800-2,000 20-40
Buttercup............................... 1,800 15
------------------------------------------------------------------------
Immediately outside of the northern boundary of the proposed Squaw
Valley-Miramonte AVA, the terrain is similar to that found within the
proposed AVA. However, this region was not included in the proposed AVA
due to a lack of viticulture. The Sequoia National Forest, located
approximately 5 miles north of the proposed AVA, was excluded from the
proposed AVA not only because of its higher elevations but also because
its status as a national forest makes the region unavailable for
commercial viticulture. The Sequoia National Forest also borders the
proposed AVA to the east, as does a small mountainous region that is
not within the national forest that was excluded from the proposed AVA
because its higher, steeper elevations are unsuitable for viticulture.
To the south and west of the proposed AVA, the elevations become lower
and the slope angles become shallower as the foothills give way to the
broad, flat terrain of the San Joaquin Valley.
The topography of the proposed AVA has an effect on viticulture.
The ruggedness of the terrain limits the amount of flat, open spaces,
so the vineyards are planted on the mountain slopes. The steepness of
the slopes allows for only very limited use of mechanized spray and
harvest equipment, so much of the vineyard work is done by hand. Due to
the difficulty of working the vineyards by hand, individual vineyards
within the proposed AVA are small. By contrast, vineyards within the
San Joaquin Valley are generally much larger because the broad, open
valley provides ample space for vineyards, and machinery can be used
more safely and easily on the flat terrain. The steep slopes of the
proposed AVA increase the risk of erosion, which is controlled by
planting cover crops and mowing between the vineyard rows instead of
disking. However, the steep hillsides also promote increased airflow
and drainage, which lessen the risk of mildew and rot. Finally, the
high elevations of the proposed AVA allow the vineyards to receive more
sunlight than vineyards at lower elevations within the San Joaquin
Valley because fog is generally not present at elevations above 1,600
feet.
Soils
The majority of the soils within the proposed Squaw Valley-
Miramonte AVA are derived from granitic material, mainly quartz
diorite. The three most common soil series are the Vista, Sierra, and
Auberry series. All three soil series are described as having good
drainage, which reduces the risk of root disease. The soils within the
proposed AVA have pH levels ranging from a slightly acidic 5.6 to a
neutral 7.3, levels which are adequate for viticulture and do not
promote overly vigorous vine or canopy growth. The soils within the
proposed AVA are severely deficient in nitrogen, a nutrient necessary
for vine growth, and therefore require supplementation. Additionally,
soils in some of the vineyards within the proposed AVA have an excess
of potassium, which interferes with the vines' ability to uptake
magnesium. As a result, magnesium must be added to the soil in these
vineyards.
To the north of the proposed Squaw Valley-Miramonte AVA, the soils
are primarily of the Coarsegold and Trabuco series. Coarsegold series
soils are derived from weathered schist, while Trabuco series soils are
derived from igneous rock. The most common soil series east of the
proposed AVA are the Holland series, derived from weathered granitic
rock, and the Aiken series, derived from volcanic rocks. The soils in
the area directly east of the proposed AVA are more acidic than the
soils within the proposed AVA due to deep mats of decomposing needle
litter from conifer trees. South of the proposed AVA, rock outcropping
complexes such as the Auberry Rock Outcrop and the Blasingame Rock
Outcrop are common. Farther south, within the San Joaquin Valley,
alluvial soils such as San Joaquin loam and San Joaquin sandy loam
become common. To the west of the proposed AVA, the most common soil
series are the Hanford and Greenfield series. The soils west of the
proposed AVA are less acidic, have finer textures, and are comprised
primarily of alluvium.
Summary of Distinguishing Features
In summary, the climate, topography, and soils of the proposed
Squaw Valley-Miramonte AVA distinguish it from the surrounding regions.
The region to the north has higher, steeper elevations than the
proposed AVA. The region to the east has higher, steeper elevations, as
well as higher precipitation amounts and higher soil acidity levels
than the proposed AVA. Portions of the regions to the north and east of
the proposed were also excluded because they are part of the Sequoia
National Forest and therefore are unavailable for commercial
viticulture. To the south, west, and northwest of the proposed AVA lies
the San Joaquin Valley, which has low elevations, flat terrain, and
soils comprised primarily of alluvium. Additionally, within the San
Joaquin Valley, average monthly high temperatures are warmer and annual
precipitation amounts are lower than
[[Page 3188]]
within the proposed Squaw Valley-Miramonte AVA.
TTB Determination
TTB concludes that the petition to establish the approximately
44,690-acre Squaw Valley-Miramonte AVA merits consideration and public
comment, as invited in this notice of proposed rulemaking.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA in the proposed regulatory text published at the end of this
proposed rule.
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. For a wine to be labeled with an AVA name or with a
brand name that includes an AVA 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 Sec.
4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)). If the wine is
not eligible for labeling with an AVA 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 AVA 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 an AVA name that was used as a brand name on a
label approved before July 7, 1986. See Sec. 4.39 of the TTB
regulations (27 CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Squaw Valley-
Miramonte,'' will be recognized as a name of viticultural significance
under Sec. 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). TTB
does not believe that the term ``Squaw Valley,'' standing alone, has
viticultural significance, as this name is associated with multiple
locations outside the proposed AVA. Although the USGS Geographic Names
Information System (GNIS) lists 6 uses of the name ``Squaw Valley''
within the proposed AVA, it also lists an additional 33 uses in 7
States, including locations in Placer, Lake, Shasta, Plumas, and Lassen
Counties in California. Additionally, TTB does not believe that the
term ``Miramonte,'' standing alone, has viticultural significance, as
this name is also associated with multiple locations outside the
proposed AVA. The GNIS lists 6 uses of the term ``Miramonte'' within
the proposed AVA, but also lists an additional 17 uses within
California and Colorado. Therefore, if TTB establishes this proposed
AVA, only the full name ``Squaw Valley-Miramonte'' will be recognized
as a term 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 ``Squaw Valley-Miramonte'' 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 AVA name as an appellation of origin if this proposed rule
is adopted as a final rule. The approval of the proposed Squaw Valley-
Miramonte AVA would not affect any existing AVA.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed Squaw Valley-Miramonte AVA.
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. Please provide any
available specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Squaw Valley-Miramonte AVA on wine labels that include the
term ``Squaw Valley-Miramonte,'' 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 AVA
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 AVA 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 AVA.
Submitting Comments
You may submit comments on this notice by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2015-
0002 on ``Regulations.gov,'' the Federal e-rulemaking portal, at https://www.regulations.gov. A direct link to that docket is available under
Notice No. 146 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 the ``Help'' tab.
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. 146 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-2015-
[[Page 3189]]
0002 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. 146. 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''
tab.
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.
Please note that TTB is unable to provide copies of USGS maps or other
similarly-sized documents that may be included as part of the AVA
petition. 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
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this notice of proposed rulemaking.
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 of the Code of Federal Regulations, as
follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.___ to read as follows:
Sec. 9.___ Squaw Valley-Miramonte.
(a) Name. The name of the viticultural area described in this
section is ``Squaw Valley-Miramonte''. For purposes of part 4 of this
chapter, ``Squaw Valley-Miramonte'' is a term of viticultural
significance.
(b) Approved maps. The six United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Squaw Valley-Miramonte viticultural area are titled:
(1) Orange Cove North, Calif., 1966;
(2) Pine Flat Dam, Calif., 1965; photoinspected 1978;
(3) Luckett Mtn., Calif., provisional edition 1987;
(4) Verplank Ridge, Calif., provisional edition 1987;
(5) Miramonte, Calif., 1966; and
(6) Tucker Mtn., Calif., 1966.
(c) Boundary. The Squaw Valley-Miramonte viticultural area is
located in Fresno County, California. The boundary of the Squaw Valley-
Miramonte viticultural area is as described below:
(1) The beginning point is located on the Orange Cove North map, at
the southwest corner of section 21, T14S/R25E. From the beginning
point, proceed north-northwesterly in a straight line to the marked
3,355-foot elevation point on Bear Mountain, section 5, T14S/R25E; then
(2) Proceed northeast in a straight line, crossing onto the Pine
Flat Dam map and over the marked 3,354-foot elevation point on Bear
Mountain, section 32, T13S/R25E, and then continuing northeasterly in a
straight line and crossing onto the Luckett Mountain map, proceed to
the marked 3,489-foot summit of Dalton Mountain, section 22, T13S/R25E;
then
(3) Proceed easterly in a straight line to the Sequoia National
Forest boundary line at the northwest corner of section 28, T13S/R26E;
then
(4) Proceed east along the Sequoia National Forest boundary line,
crossing onto the Verplank Ridge map, and continue south, then east,
then south along the national forest boundary line, crossing onto the
Miramonte map, and then continue south, then east along the national
forest boundary line to the northeast corner of section 5, T14S/R27E;
then
(5) Proceed south along the eastern boundary lines of sections 5,
8, and 17, T14S/R27E, to the southeast corner of section 17; then
(6) Proceed east along the northern boundary line of section 21,
T14S/R27E, to the northeast corner of that section; then
(7) Proceed south along the eastern boundary lines of sections 21,
28, and 33, T14S/R27E, to the Fresno-Tulare County boundary line at the
southeast corner of section 33; then
(8) Proceed west along the Fresno-Tulare County boundary line,
crossing onto the Tucker Mountain map, to the southwest corner of
section 34, T14S/R26E; then
(9) Proceed north along the western boundary lines of sections 34,
27, 22, and 15, T14S/R26E, to the northwest corner of section15; then
(10) Proceed west along the southern boundary lines of sections 9,
8, and 7, T14S/R26E, and sections 12 and 11, T14S/R25E, to the
southwest corner of section 11; then
(11) Proceed south along the eastern boundary lines of sections 15
and 22, T14S/R25E, to the southeast corner of section 22; then
(12) Proceed west along the southern boundary line of section 22,
T14S/R25E, and, crossing onto the Orange Cove North map, continue west
along the southern boundary line of section 21, T14S/R25E, returning to
the beginning point.
Signed: January 15, 2015.
Mary G. Ryan,
Acting Administrator.
[FR Doc. 2015-01015 Filed 1-21-15; 8:45 am]
BILLING CODE 4810-31-P
