Proposed Establishment of the Petaluma Gap Viticultural Area and Modification of the North Coast Viticultural Area, 74979-74987 [2016-25972]
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Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Proposed Rules
§ 200.926 Minimum property standards for
one and two family dwellings.
(a) * * *
(3) Applicability of standards to
substantial improvement. The standards
in § 200.926d(c)(4)(i) through (iii) are
also applicable to structures that are
approved for insurance or other benefits
prior to the start of substantial
improvement, as defined in § 55.2(b)(10)
of this title.
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■ 17. In § 200.926d, revise paragraphs
(c)(4)(i) through (iii), remove paragraph
(c)(4)(iv), and redesignate paragraphs
(c)(4)(v) and (c)(4)(vi) as paragraphs
(c)(4)(iv) and (c)(4)(v), respectively.
The revisions read as follows:
§ 200.926d
Construction requirements.
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(c) * * *
(4) * * *
(i) Residential structures located in
Special Flood Hazard Areas. The
elevation of the lowest floor shall be at
least two feet above the base flood
elevation (see 24 CFR 55.2 for
appropriate data sources).
(ii) Residential structures located in
FEMA-designated ‘‘coastal high hazard
areas’’. (A) Basements or any permanent
enclosure of space below the lowest
floor of a structure are prohibited.
(B) Where FEMA has determined the
base flood level without establishing
stillwater elevations, the bottom of the
lowest structural member of the lowest
floor (excluding pilings and columns)
and its horizontal supports shall be at
least two feet above the base flood
elevation.
(iii) New construction or substantial
improvement. (A) In all cases in which
a Direct Endorsement (DE) mortgagee or
a Lender Insurance (LI) mortgagee seeks
to insure a mortgage on a one- to fourfamily dwelling that is newly
constructed or which undergoes a
substantial improvement, as defined in
§ 55.12(b)(10) of this title (including a
manufactured home that is newly
erected or undergoes a substantial
improvement) that was processed by the
DE or LI mortgagee, the DE or LI
mortgagee must determine whether the
property improvements (dwelling and
related structures/equipment essential
to the value of the property and subject
to flood damage) are located on a site
that is within a Special Flood Hazard
Area, as designated on maps of the
Federal Emergency Management
Agency. If so, the DE mortgagee, before
submitting the application for insurance
to HUD, or the LI mortgagee, before
submitting all the required data
regarding the mortgage to HUD, must
obtain:
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(1) A final Letter of Map Amendment
(LOMA);
(2) A final Letter of Map Revision
(LOMR); or
(3) A signed Elevation Certificate
documenting that the lowest floor
(including basement) of the property
improvements is at least two feet above
the base flood elevation as determined
by FEMA’s best available information.
(B) Under the DE program, these
mortgages are not eligible for insurance
unless the DE mortgagee submits the
LOMA, LOMR, or Elevation Certificate
to HUD with the mortgagee’s request for
endorsement.
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Dated: September 27, 2016.
Harriet Tregoning,
Principal Deputy Assistant Secretary for
Community Planning and Development.
[FR Doc. 2016–25521 Filed 10–27–16; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2016–0009; Notice No.
163]
RIN 1513–AC34
Proposed Establishment of the
Petaluma Gap Viticultural Area and
Modification of the North Coast
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 202,476-acre ‘‘Petaluma
Gap’’ viticultural area in portions of
Sonoma and Marin Counties in
California. TTB also proposes to expand
the boundary of the existing 3 millionacre North Coast viticultural area by
28,077 acres in order to include the
entire proposed Petaluma Gap
viticultural area within it. The proposed
Petaluma Gap viticultural area would
also partially extend outside of the
established Sonoma Coast viticultural
area, but TTB is not proposing to modify
the boundary of the Sonoma 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 these proposals.
SUMMARY:
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74979
TTB must receive your
comments on or before December 27,
2016.
DATES:
Please send your comments
on this proposal to one of the following
addresses:
• https://www.regulations.gov (via the
online comment form for this document
as posted within Docket No. TTB–2016–
009 at ‘‘Regulations.gov,’’ the Federal erulemaking 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
400, Washington, DC 20005.
See the Public Participation section of
this document for specific instructions
and requirements for submitting
comments, and for information on how
to request a public hearing.
You may view copies of this
document, selected supporting
materials, and any comments TTB
receives about this proposal at https://
www.regulations.gov within Docket No.
TTB–2016–0009. A link to that docket is
posted on the TTB Web site at https://
www.ttb.gov/wine/winerulemaking.shtml under Notice No. 163.
You also may view copies of this
document, all related petitions, maps or
other supporting materials, and any
comments TTB receives about this
proposal by appointment at the TTB
Information Resource Center, 1310 G
Street NW., Washington, DC 20005.
Please call 202–453–2270 to make an
appointment.
ADDRESSES:
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
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Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Proposed Rules
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, dated
December 10, 2013 (superseding
Treasury Order 120–01, dated January
24, 2003), to the TTB Administrator to
perform the functions and duties in the
administration and enforcement of these
provisions.
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.
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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 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 (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and provides that any interested party
may petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes standards for petitions for the
establishment or modification of AVAs.
Petitions to establish an AVA must
include the following:
• Evidence that the area 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 that affect
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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 AVA boundary;
• 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.
Petition to Establish the Petaluma Gap
AVA and to Modify the Boundary of the
North Coast AVA
TTB received a petition from the
Petaluma Gap Winegrowers Alliance,
proposing to establish the ‘‘Petaluma
Gap’’ AVA and to modify the boundary
of the existing multi-county North Coast
AVA (27 CFR 9.30). The proposed AVA
covers portions of Sonoma and Marin
Counties, in California. There are 9
bonded wineries and 80 commercial
vineyards, covering a total of
approximately 4,000 acres, distributed
throughout the 202,476-acre proposed
AVA.
While the proposed Petaluma Gap
AVA is largely located within the
existing North Coast AVA, a small
portion of the proposed Petaluma Gap
AVA would, if established, extend
outside the current southern boundary
of the established North Coast AVA. To
address the potential partial overlap of
the two AVAs and account for
viticultural similarities between the
proposed Petaluma Gap AVA and the
larger North Coast AVA, the petition
also proposes to expand the boundary of
the North Coast AVA so that the entire
proposed Petaluma Gap AVA would be
included within the North Coast AVA.
The proposed expansion would increase
the size of the 3 million-acre North
Coast AVA boundary by 28,077 acres.
The proposed Petaluma Gap AVA, if
established, would also partially overlap
the southwestern boundary of the
established Sonoma Coast AVA (27 CFR
9.116), but the Marin County portion of
the proposed AVA, consisting of
approximately 68,130 acres, would
extend outside of the Sonoma Coast
AVA. However, the petition does not
propose to modify the boundary of the
Sonoma Coast AVA for reasons which
will be discussed later in this document,
including the lack of use of the name
‘‘Sonoma Coast’’ outside of Sonoma
County.
The distinguishing features of the
proposed Petaluma Gap AVA are its
topography and wind speeds. Unless
otherwise noted, all information and
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data contained in the following sections
are from the petition to establish the
proposed AVA and its supporting
exhibits.
Proposed Petaluma Gap AVA
Name Evidence
The proposed Petaluma Gap AVA
derives its name from the city of
Petaluma and from the geographical
feature known as the ‘‘Petaluma Gap,’’
both of which are located within the
proposed AVA. The ‘‘Petaluma Gap’’
geographical feature is an area of lowlying hills which allows cool winds to
flow inland from the Pacific Ocean. The
Bay Area Air Quality Management
District (BAAQMD) Web site states,
‘‘The region from the Estero Lowlands
to the San Pablo Bay is known as the
Petaluma Gap. * * * Wind patterns in
the Petaluma and Cotati Valleys are
strongly influenced by the Petaluma
Gap.’’ 1 In a study on the climate of
Sonoma County, Paul Vossen, a farm
advisor for the University of California
Cooperative Extension Service in
Sonoma County, wrote that cool marine
winds extend inland ‘‘through river
canyons and the Petaluma gap [sic] to
Sonoma Mountain.’’ 2
The name ‘‘Petaluma Gap’’ is also
associated with the wine industry
within the proposed AVA. The
petitioner provided summaries of
several wine-related articles that refer to
the region of the proposed AVA as
‘‘Petaluma Gap.’’ In his blog
‘‘Fermentation: The Daily Wine Blog,’’
Tom Wark writes, ‘‘The ‘Petaluma Gap’
might be a term you’ve heard of lately,
particularly if you are an aficionado of
Sonoma County wines.’’ 3 A 2007 article
by Rusty Gaffney on his ‘‘The Prince of
Pinot’’ blog says, ‘‘The Petaluma Gap
possesses a very unique
microclimate.’’ 4 A 2007 article in the
magazine Wine and Spirits states, ‘‘You
can practically smell the ocean, just a
few miles away, in the wind that roars
between the Sonoma mountains,
through the hillside and valley floor
vineyards, creating an inland pinot oasis
called the Petaluma Gap.’’ 5 A 2008
article titled ‘‘Mind the (Petaluma) Gap’’
in the Tasting Panel magazine describes
1 www.baaqmd.gov/∼/media/Files/Planning%20
and%20Research/CEQA/BAAQMD%20CEQA%20
Guidelines%20May%202011.ashx?la=en.
2 Vossen, Paul, Sonoma County Climatic Zones,
University of California Cooperative Extension
Service, Sonoma County, 1986.
3 https://fermentationwineblog.com/2006/05/wind
_fog_wine_t/, ‘‘Wind, Fog, Wine: The Story of ‘The
Gap’,’’ May 8, 2006.
4 https://www.princeofpinot.com/article/281,
‘‘Petaluma Gap: Fog Noir.’’ January 15, 2007.
5 Irwin, Heather. ‘‘The Wind Tunnel: Sonoma
County’s Best Kept Pinot Noir Secret.’’ Wine and
Spirits, August 2007.
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the region of the proposed AVA as
follows: ‘‘Located at the lower end of
the Sonoma Coast AVA and
distinguished by its close proximity to
the Pacific Ocean, the Petaluma Gap is
influenced on a daily basis by misty fog
in the mornings, warm afternoons and
chilly maritime winds in the
evenings.’’ 6 A 2012 article in Decanter
magazine describes several regions in
California that are ‘‘the state’s most
marginal sites,’’ including ‘‘the
Petaluma Gap within the Sonoma Coast
appellation * * * .’’ 7 A 2012 article in
the Petaluma Post newspaper states,
‘‘The wind and fog are the Petaluma
Gap’s trademark.’’ 8 Finally, a 2014
article in the Santa Rosa Press Democrat
newspaper states, ‘‘The Gap in Petaluma
Gap is created by Pacific Ocean winds
that flow between Tomales Bay and
Bodega Bay through a 15-mile-wide gap
in the coastal range mountains.’’ 9
Boundary Evidence
The proposed Petaluma Gap AVA is
located in southern Sonoma County and
northern Marin County. The proposed
AVA has a northwest-southeast
orientation and extends from the Pacific
Ocean to San Pablo Bay. The proposed
western boundary follows the Pacific
coastline from the point where Walker
Creek enters Tomales Bay northward to
the point where Salmon Creek enters
the ocean, just north of Bodega Bay. The
proposed northern boundary follows
Salmon Creek, the 400-foot elevation
contour, and a series of roads and lines
drawn between marked elevation points
in order to separate the lower elevations
and rolling hills of the proposed AVA
from the steeper, higher elevations to
the north. The proposed eastern
boundary follows a series of lines drawn
between points on the USGS map,
separating the proposed AVA from the
higher elevations of Sonoma Mountain
and the flatter terrain along Sonoma
Creek and San Pablo Bay. The proposed
southern boundary follows a series of
lines drawn between marked elevation
points in order to separate the proposed
AVA from the higher elevations to the
south.
Distinguishing Features
According to the petition, the
distinguishing features of the proposed
Petaluma Gap AVA are its topography
and wind speed.
Topography
Coastal highlands and mountain
ranges are characteristic of the
California coast. However, within the
proposed Petaluma Gap AVA, the
highlands are not as pronounced as they
are north and south of the proposed
AVA. Within the proposed AVA, the
topography is characterized by low,
rolling hills. Flat land is found along the
Petaluma River, especially east of the
City of Petaluma and near the mouth of
San Pablo Bay. Small valleys and fluvial
terraces are also present. Elevations
within the proposed AVA do not exceed
600 feet, except in a few places within
the ridgelines that form the proposed
northern, eastern, and southern
boundaries.
According to the petition, the low
elevations and gently rolling terrain of
the proposed Petaluma Gap create a
corridor that allows marine winds to
flow relatively unhindered from the
Pacific Ocean to San Pablo Bay,
particularly during the mid-to-late
afternoon. As a result, cool air and
marine fog enter the vineyards during
the time of day when temperatures
would normally be at their highest,
bringing heat relief to the vines. The low
elevations and rolling hills of the
proposed AVA also allow the marine air
to enter the proposed AVA at higher
speeds than found in the surrounding
areas, where higher, steeper mountains
disrupt the flow of air. The effects of the
high wind speeds on grapes are
discussed in detail later in this
document.
To the north of the proposed
Petaluma Gap AVA, the elevations are
much higher, with elevations over 1,000
74981
feet not uncommon in northern Sonoma
County. The broad Santa Rosa Plain is
also located north of the proposed AVA
and has a much flatter topography than
the proposed AVA. East of the proposed
AVA, the higher elevations of Sonoma
Mountain prevent much of the marine
airflow that enters the Petaluma Gap
from travelling farther east. East of
Sonoma Mountain is the Sonoma
Valley, which has lower elevations and
flatter terrain than the proposed AVA.
To the south of the proposed AVA, the
elevations can exceed 1,000 feet.
Wind Speed
According to the petition, marine air
enters the proposed Petaluma Gap AVA
at the Pacific coastline, between Bodega
Bay and Tomales Bay. The air then
flows southeasterly through the
proposed AVA and exits at San Pablo
Bay. Although marine breezes are
present within the proposed AVA
during most of the day, the wind speeds
increase significantly in the afternoon
hours. The petition states that in the
mid-to-late afternoon, inland
temperatures increase, causing the hot
air to rise and pull the cooler, heavier
marine air in from the coast and create
steady winds. The following table,
which was created by TTB from
information included in the petition,
shows the hourly average wind speed
between noon and 6:00 p.m. for
locations within the proposed AVA and
the surrounding areas during the April–
October growing season. Map 5a,
included in Addendum 2 to the
petition, shows the locations of the
weather stations. Because the Pacific
Ocean forms the western boundary of
the proposed AVA, comparison data is
only included from the regions to the
north, east, and south of the proposed
AVA. The data in the table shows that
average hourly afternoon wind speeds
within the proposed AVA are
consistently higher than those in the
surrounding regions.
TABLE 1—AVERAGE HOURLY AFTERNOON GROWING SEASON WIND SPEEDS
Average wind speed (miles per hour)
Location
12 noon
1 p.m.
2 p.m.
3 p.m.
4 p.m.
5 p.m.
6 p.m.
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Within proposed AVA
Valley Ford 10 ...............
Bloomfield 11 .................
Mecham Landfill 12 .......
13.3
5.4
7.7
14.4
7.0
9.5
6 Sawyer, Christopher. ‘‘Mind the (Petaluma)
Gap.’’ The Tasting Panel. February 2008.
7 Murphy, Linda. ‘‘California’s Coolest Pinot.’’
Decanter. March 2010. https://www.decanter.com/
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14.9
7.9
12.0
14.8
8.3
13.7
people-and-places/wine-articles/483749/coolclimate-california-pinot.
8 Hurson, Von. ‘‘The Gap Roars!’’ Petaluma Post.
August 1, 2012. https://www.petalumapost.com/
08Aug2012-pages/index.htm.
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14.0
8.1
14.6
12.4
7.4
14.8
10.2
6.0
13.8
9 Boone, Virginie. ‘‘Wines of Wind Country.’’ The
Press Democrat. February 4, 2014. https://www.press
democrat.com/news/1855471-181/wines-of-windcountry.
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TABLE 1—AVERAGE HOURLY AFTERNOON GROWING SEASON WIND SPEEDS—Continued
Average wind speed (miles per hour)
Location
12 noon
Middle Two Rock 13 ......
Azaya Vineyard 14 ........
Petaluma Airport 15 .......
Sun Chase Vineyard 16
Sonoma Baylands 17 ....
1 p.m.
8.6
5.2
9.5
5.4
10.5
2 p.m.
10.8
6.5
11.1
6.3
11.4
3 p.m.
12.2
7.6
12.1
6.8
12.0
4 p.m.
13.0
8.1
12.2
6.9
12.4
5 p.m.
6 p.m.
13.1
8.1
11.5
6.5
12.4
12.4
7.5
10.3
5.7
12.0
10.8
6.4
9.0
4.2
10.7
Outside proposed AVA (direction)
Occidental 18 (north) .....
Belleview Ranch 19
(north) .......................
Sonoma Valley 20 (east)
Novato 21 (south) ..........
2.0
2.3
2.5
2.5
2.3
2.0
1.6
2.2
1.7
1.4
3.0
2.0
1.8
3.6
2.4
2.0
3.8
2.6
2.2
3.8
2.5
2.4
3.3
2.1
2.4
2.7
1.6
4.1
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The petition also includes a table
showing the frequency of hourly average
afternoon wind speeds of at least 8
miles per hour for locations within the
proposed Petaluma Gap AVA and the
surrounding regions. The data is
summarized in the following table. The
period of record for each station is the
same as used for Table 1.
TABLE 2—FREQUENCY OF HOURLY
AVERAGE GROWING SEASON WIND
SPEEDS THAT ARE GREATER THAN
OR EQUAL TO 8 MILES PER HOUR—
Continued
Comparison of the Proposed Petaluma
Gap AVA to the Existing North Coast
AVA
The North Coast AVA was established
by T.D. ATF–145, which was published
in the Federal Register on September
Frequency
21, 1983 (48 FR 42973). The AVA
Location
(percent)
includes all or portions of Napa,
Bellevue Ranch (south) ........
9.2 Sonoma, Mendocino, Solano, Lake, and
Marin Counties in California and covers
TABLE 2—FREQUENCY OF HOURLY
approximately 3 million acres. In the
AVERAGE GROWING SEASON WIND
The table shows that afternoon wind
conclusion of the ‘‘Geographical
SPEEDS THAT ARE GREATER THAN speeds for locations within the
Features’’ section of the preamble, T.D.
OR EQUAL TO 8 MILES PER HOUR
proposed AVA reach or exceed 8 miles
ATF–145 states that ‘‘[d]ue to the
per hour with greater frequency than for
enormous size of the North Coast
Frequency
Location
locations outside the proposed AVA.
(percent)
viticultural area, variations exist in
The petition states that when wind
climatic features such as temperature,
speeds reach 8 miles per hour, the
Within proposed AVA
rainfall, and fog intrusion.’’
stomata (or small pores) on the
Valley Ford ...........................
89.9 underside of the grape leaves close.
The proposed Petaluma Gap AVA
Bloomfield .............................
44.0
When the stomata are closed, the rate of shares the basic viticultural feature of
Mecham Landfill ...................
81.2
the North Coast AVA—the marine
Middle Two Rock ..................
82.0 photosynthesis slows. The petition
influence that moderates growing
states that occasional periods of wind
Azaya Vineyard ....................
36.7
season temperatures in the area.
Petaluma Airport ...................
79.5 speeds of 8 miles per hour or higher
However, the proposed AVA is much
Sun Chase Vineyard ............
30.3 typically have little effect on grape
Sonoma Baylands ................
82.8 development. However, persistently
more uniform in its topography and its
climate, as defined by wind speeds,
high wind speeds, such as those found
Outside proposed AVA (direction)
than the diverse, multicounty North
within the proposed Petaluma Gap
Coast AVA. In this regard, TTB notes
Occidental (north) .................
0.6 AVA, reduce photosynthesis to the
Novato (north) .......................
5.3 extent that the grapes have to remain on that in the ‘‘Overlapping Viticultural
Areas’’ section, T.D. ATF–145
Sonoma Valley (east) ...........
1.8
the vine longer in order to reach a given
specifically states that ‘‘approval of this
sugar level (a longer ‘‘hang time’’),
10 Period of record 2009–2014.
viticultural area does not preclude
compared to the same grape varietal
11 Period of record 2011–2014.
approval of additional areas, either
grown in a less windy location. Grapes
12 Period of record 2011–2014.
wholly contained within the North
13 Period of record 2011–2014.
grown in windy locations are also
Coast, or partially overlapping the North
14 Period of record 2012–2014.
typically smaller and have thicker skins Coast,’’ and that ‘‘smaller viticultural
15 Period of record 1993–1997. This station
than the same varietal grown elsewhere. areas tend to be more uniform in their
stopped collecting hourly data in 1997.
According to the petition, the smaller
16 Period of record 2011–2013. This station was
geographical and climatic
grape size, thicker skins, and longer
a private weather station that experienced a
characteristics, while very large areas
mechanical failure in February 2014 and was not
hang time concentrate the flavor
such as the North Coast tend to exhibit
repaired until after the growing season.
compounds in the fruit, allowing grapes generally similar characteristics, in this
17 Period of record 2009–2014.
that are harvested at lower sugar levels
18 Period of record 2009–2014.
case the influence of maritime air off of
19 Period of record 2010–2014.
to still have the typical flavor
the Pacific Ocean and San Pablo Bay.’’
20 Period of record 2012–2014.
characteristics of the grape varietal.
Thus, the proposal to establish the
21 Period of record 2009, 2012–2014. The 2010
Petaluma Gap AVA is consistent with
and 2011 data for this station were largely
what was envisaged when the North
incomplete and so were not included in the
analysis.
Coast AVA was established.
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Proposed Modification of the North
Coast AVA
As previously noted, the petition to
establish the proposed Petaluma Gap
AVA also requests an expansion of the
established North Coast AVA. The
proposed Petaluma Gap AVA is located
in the southwestern portion of the North
Coast AVA, along the Sonoma–Marin
County line. Most of the proposed
Petaluma Gap AVA would, if
established, be located within the
current boundary of the North Coast
AVA. However, unless the boundary of
the North Coast AVA is modified, the
southwestern portion of the proposed
Petaluma Gap AVA in northwestern
Marin County would be outside the
North Coast AVA. This portion of the
proposed Petaluma Gap AVA is roughly
defined by the Pacific coastline on the
western edge, the Sonoma–Marin
County line on the northern edge, State
Highway 1 on the eastern edge, and the
mouth of Walker Creek on the southern
edge. The proposed North Coast AVA
boundary modification would increase
the size of the established AVA by
28,077 acres and would result in the
entire proposed Petaluma Gap AVA
being within the North Coast AVA.
According to T.D. ATF–145, the North
Coast AVA is characterized by a cool
climate with growing degree day (GDD)
totals that range from Region I to Region
III on the Winkler scale.22 T.D. ATF–145
states that the western portion of Marin
County, which includes the
southwestern portion of the proposed
Petaluma Gap AVA, was excluded from
the North Coast AVA because evidence
submitted during the comment period
showed that this portion of the county
was significantly cooler than the rest of
the North Coast AVA. The evidence
included data from several Marin
County weather stations, including a
weather station on Point Reyes, which
is southwest of both the North Coast
AVA and the proposed Petaluma Gap
AVA. In examining the public comment
to T.D. ATF–145, TTB has found that
the GDD total provided for Point Reyes
was 759.
Although the original determination
to exclude western Marin County from
22 In the Winkler climate classification system,
annual heat accumulation during the growing
season, measured in annual growing degree days
(GDDs), 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. The Winkler scale regions are defined as
follows: Region I = less than 2,500 GDDs; Region
II = 2,501–3,000 GDDs; Region III = 3,001–3,500
GDDs; Region IV = 3,501–4,000 GDDs; Region V =
greater than 4,000 GDDs. See Albert J. Winkler,
General Viticulture (Berkeley: University of
California Press, 1974), pages 61–64.
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the North Coast AVA was based on data
from a Point Reyes weather station,
which is southwest of the proposed
Petaluma Gap AVA, TTB believes that
GDD totals from that location are not an
accurate basis for determining whether
to include the southwestern corner of
the proposed Petaluma Gap AVA within
the North Coast AVA. The proposed
Petaluma Gap AVA petition includes
2013 GDD data from a weather station
located in Valley Ford, which is in the
southwestern portion of the proposed
AVA but outside of the current North
Coast AVA boundary, as well as from
weather stations within the proposed
AVA, including one located two miles
north of the town of Bodega Bay, that
are within the current boundaries of the
North Coast AVA.
The 2013 GDD total for the Valley
Ford station was 1,102, which falls into
the Region I category on the Winkler
scale. For comparison, the 2013 GDD
total for the Bodega Bay station was
1,194, which also falls into the Region
I category on the Winkler scale. TTB
believes, therefore, that this data shows
that the climate of the southwestern
portion of the proposed Petaluma Gap
AVA is within the range of Winkler
scale regions that characterizes the
current North Coast AVA.
Additionally, in response to a
question from TTB, the petitioners
confirmed that there is at least one
active vineyard growing Pinot Noir
grapes in the southwest portion of the
proposed Petaluma Gap AVA near
Valley Ford, indicating that the GDD
total for that region of the proposed
AVA is not too low for commercial
viticulture. Therefore, because the GDD
total of the southwest portion of the
proposed Petaluma Gap AVA is within
the range of GDD totals that characterize
the North Coast AVA and is high
enough to support viticulture, TTB
believes the petitioner’s proposal to
expand the North Coast AVA to include
the southwest portion of the proposed
Petaluma Gap AVA merits consideration
and public comment.
Comparison of the Proposed Petaluma
Gap AVA to the Existing Sonoma Coast
AVA
The Sonoma Coast AVA was
established by T.D. ATF–253, which
was published in the Federal Register
on June 11, 1987 (52 FR 22302). The
Sonoma Coast AVA covers
approximately 750 square miles within
the western portion of Sonoma County.
According to T.D. ATF–253, the AVA
encompasses the portion of Sonoma
County that is under ‘‘very strong
marine climate influence,’’ including
‘‘persistent fog.’’ T.D. ATF–253 also
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states that temperatures within the AVA
are classified as ‘‘Coastal Cool’’ under
the temperature classification system
developed by Robert L. Sisson. ‘‘Coastal
Cool’’ areas are defined as having a
cumulative duration of less than 1,000
hours between 70 and 90 degrees
Fahrenheit during the months of April
through October. Temperatures within
the Sonoma Coast AVA are described as
significantly cooler than temperatures in
the eastern portion of Sonoma County,
which are classified as ‘‘Coastal Warm.’’
According to T.D. ATF–253, the average
maximum July temperature for the
Sonoma Coast AVA is 84 degrees
Fahrenheit. T.D. ATF–253 did not
distinguish the climate of the Sonoma
Coast AVA from that of Marin County,
located south of the AVA.
The proposed Petaluma Gap AVA is
located in the southern portion of the
Sonoma Coast AVA and shares the
marine-influenced climate and coastal
fog of the established AVA.
Additionally, according to the climate
data provided in the petition, the
average maximum July temperature for
the city of Petaluma, at the center of the
proposed AVA, is 82 degrees
Fahrenheit 23, which is similar to that of
the Sonoma Coast AVA. However, TTB
notes that temperature is not a
distinguishing feature of the proposed
Petaluma Gap AVA, and that
consistently high wind speeds and a
topography of gently rolling hills are
what distinguish the proposed AVA
from the surrounding established AVA.
As previously noted, if established,
the proposed Petaluma Gap AVA would
partially overlap the Sonoma Coast
AVA, but also would leave the 68,130acre Marin County portion of the
proposed AVA outside of the
established Sonoma Coast AVA.
However, the petition requests that TTB
allow the partial overlap to remain,
primarily because the name ‘‘Sonoma
Coast’’ is associated only with the
coastal region of Sonoma County and
does not extend into Marin County.
Although TTB generally discourages
partial overlaps of AVAs because of the
potential for consumer confusion, TTB
agrees with the petitioners that the
Sonoma Coast AVA should not be
expanded to include the Marin County
portion of the proposed Petaluma Gap
AVA. TTB believes that extending the
Sonoma Coast AVA would likely cause
consumer confusion because the name
‘‘Sonoma Coast’’ is associated with
Sonoma County and use of the name
does not extend into Marin County. TTB
23 Western Regional Climate Center,
www.wrcc.dri.edu/Climsum.html, Petaluma Fire
Station 3 (046826).
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does not believe the potential partial
overlap should be resolved by limiting
the proposed Petaluma Gap AVA to
Sonoma County because the evidence in
the petition demonstrates that both the
Sonoma County and the Marin County
portions of the proposed AVA share
similar topographic characteristics and
similar wind speeds. TTB also does not
believe the proposed AVA should be
removed entirely from the Sonoma
Coast AVA because the proposed AVA
and the established AVA share similar
marine-influenced climates.
Additionally, TTB notes that removing
the proposed AVA from the Sonoma
Coast AVA would potentially affect
current label holders who use the
‘‘Sonoma Coast’’ appellation on their
wines because wines made primarily
from grapes grown in the removed
region would no longer be eligible to be
labeled with that AVA as an appellation
of origin. For these reasons, TTB is
proposing to leave the current
boundaries of the Sonoma Coast AVA
unchanged and to allow the partial
overlap with the proposed Petaluma
Gap AVA.
TTB Determination
TTB concludes that the petition to
establish the 202,476-acre ‘‘Petaluma
Gap’’ AVA and to concurrently modify
the boundary of the existing North Coast
AVA merits consideration and public
comment, as invited in this document.
TTB is proposing the establishment of
the new AVA and the modification of
the existing AVA as one action.
Accordingly, if TTB establishes the
proposed Petaluma Gap AVA, then the
proposed boundary modification of the
North Coast would be approved
concurrently. If TTB does not establish
the proposed Petaluma Gap AVA, then
the present North Coast AVA boundary
would not be modified as proposed in
this document.
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Boundary Description
See the narrative boundary
descriptions of the petitioned-for AVA
and the boundary modification of the
established AVA in the proposed
regulatory text published at the end of
this document.
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
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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 27 CFR
4.25(e)(3). If the wine is not eligible for
labeling with an AVA 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 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
27 CFR 4.39(i)(2) for details.
If this proposed regulatory text is
adopted as a final rule, wine bottlers
using ‘‘Petaluma Gap’’ 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
area’s full name ‘‘Petaluma Gap’’ as an
appellation of origin.
If approved, the establishment of the
proposed Petaluma Gap AVA and the
proposed modification of the North
Coast AVA boundary would allow
vintners to use ‘‘Petaluma Gap’’ or
‘‘North Coast’’ as appellations of origin
for wines made from grapes grown
within the Petaluma Gap AVA, if the
wines meet the eligibility requirements
for the appellation. Additionally,
vintners would be able to use ‘‘Sonoma
Coast’’ as an appellation of origin on
wines made primarily from grapes
grown within the Sonoma County
portion of the Petaluma Gap AVA, if the
wines meet the eligibility requirements
for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether TTB
should establish the proposed Petaluma
Gap AVA and concurrently modify the
boundary of the established North Coast
AVA. TTB is interested in receiving
comments on the sufficiency and
accuracy of the name, boundary,
climate, topography, and other required
information submitted in support of the
Petaluma Gap AVA petition. In
addition, given the proposed Petaluma
Gap AVA’s location within the existing
North Coast AVA and Sonoma Coast
AVA, TTB is interested in comments on
whether the evidence submitted in the
petition regarding the distinguishing
features of the proposed AVA
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sufficiently differentiates it from the
existing AVAs. TTB is also interested in
comments on whether the geographic
features of the proposed AVA are so
distinguishable from either the North
Coast AVA or the Sonoma Coast AVA
that the proposed Petaluma Gap AVA
should not be part of one or either
established AVA. Please provide any
available specific information in
support of your comments.
TTB also invites comments on the
proposed expansion of the existing
North Coast AVA. TTB is especially
interested in comments on whether the
evidence provided in the petition
sufficiently demonstrates that the
proposed expansion area is similar
enough to the North Coast AVA to be
included in the established AVA.
Additionally, TTB is interested in
comments on whether or not TTB
should allow the Marin County portion
of the proposed Petaluma Gap AVA to
remain outside of the Sonoma Coast
AVA. Comments should address the
boundaries, climate, topography, soils,
and any other pertinent information that
supports or opposes the proposed North
Coast AVA boundary expansion and/or
the partial overlap of the proposed
Petaluma Gap AVA with the Sonoma
Coast AVA.
Because of the potential impact of the
establishment of the proposed Petaluma
Gap AVA on wine labels that include
the term ‘‘Petaluma Gap’’ 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 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
proposed AVA.
Submitting Comments
You may submit comments on this
proposal by using one of the following
three methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this
document within Docket No. TTB–
2016–0009 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 163 on the TTB Web site at https://
www.ttb.gov/wine/winerulemaking.shtml. Supplemental files
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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 at the top of the page.
• 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 400, Washington, DC
20005.
Please submit your comments by the
closing date shown above in this
document. Your comments must
reference Notice No. 163 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. We do not acknowledge
receipt of comments, and we consider
all comments as originals.
Your comment must clearly state if
you are commenting on your own behalf
or on behalf of an organization,
business, or other entity. If you are
commenting on behalf of an
organization, business, or other 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, 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.
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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 document, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2016–
0009 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-
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rulemaking.shtml under Notice No. 163.
You may also reach the relevant docket
through the Regulations.gov search page
at https://www.regulations.gov. For
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab at the top of the page.
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 it considers unsuitable
for posting.
You also may view copies of this
document, all related petitions, maps
and other supporting materials, and any
electronic or mailed comments we
receive 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 our information
specialist at the above address or by
telephone at 202–453–2265 to schedule
an appointment or to request copies of
comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name would be the result of a
proprietor’s efforts and consumer
acceptance of wines from that area.
Therefore, no regulatory flexibility
analysis is required.
Executive Order 12866
This proposed rule is not a significant
regulatory action as defined by
Executive Order 12866. Therefore, it
requires no regulatory assessment.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this
document.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, we propose 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:
■
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Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Section 9.30 is amended as follows:
a. The introductory text of paragraph
(b) is revised;
■ b. The word ‘‘and’’ is removed from
the end of paragraph (b)(2);
■ c. The period is removed from the end
of paragraph (b)(3) and a semicolon is
added in its place;
■ d. Paragraphs (b)(4) and (5) are added;
■ e. Paragraphs (c)(1) and (2) are
revised;
■ f. Paragraphs (c)(3) through (24) are
redesignated as paragraphs (c)(7)
through (28); and
■ g. Paragraphs (c)(3) through (6) are
added.
The revisions and additions read as
follows:
■
■
§ 9.30
North Coast.
*
*
*
*
*
(b) Approved maps. The appropriate
maps for determining the boundaries of
the North Coast viticultural area are five
U.S.G.S. maps. They are entitled:
* * *
(4) ‘‘Tomales, CA,’’ scale 1:24,000,
edition of 1995; and
(5) ‘‘Point Reyes NE., CA,’’ scale
1:24,000, edition of 1995.
(c) * * *
(1) Then follow the Pacific coastline
in a generally southeasterly direction for
9.4 miles, crossing onto the Tomales
map, to Preston Point on Tomales Bay;
(2) Then northeast along the shoreline
of Tomales Bay approximately 1 mile to
the mouth of Walker Creek opposite
benchmark (BM) 10 on State Highway 1;
(3) Then southeast in a straight line
for 1.3 miles to the marked 714-foot
peak;
(4) Then southeast in a straight line
for 3.1 miles, crossing onto the Point
Reyes NE map, to the marked 804-foot
peak;
(5) Then southeast in a straight line
1.8 miles to the marked 935-foot peak;
(6) Then southeast in a straight line
12.7 miles, crossing back onto the Santa
Rosa map, to the marked 1,466-foot peak
on Barnabe Mountain;
*
*
*
*
*
■ 3. Add § 9.lll to read as follows:
§ 9.lll
Petaluma Gap.
(a) Name. The name of the viticultural
area described in this section is
‘‘Petaluma Gap’’. For purposes of part 4
of this chapter, ‘‘Petaluma Gap’’ is a
term of viticultural significance.
(b) Approved maps. The 12 United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Petaluma
Gap viticultural area are titled:
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(1) Cotati, Calif., 1954; photorevised
1980;
(2) Glen Elle, Calif., 1954;
photorevised 1980;
(3) Petaluma River, Calif., 1954;
photorevised 1980;
(4) Sears Point, Calif., 1951;
photorevised 1968;
(5) Petaluma Point, Calif., 1959;
photorevised 1980;
(6) Novato, Calif., 1954; photorevised
1980;
(7) Petaluma, Calif., 1953;
photorevised 1981;
(8) Point Reyes NE., CA, 1995;
(9) Tomales, CA, 1995;
(10) Bodega Head, Calif., 1972;
(11) Valley Ford, Calif., 1954;
photorevised 1971; and
(12) Two Rock, Calif., 1954;
photorevised 1971.
(c) Boundary. The Petaluma Gap
viticultural area is located in Sonoma
and Marin Counties in California. The
boundary of the Petaluma Gap
viticultural area is as described below:
(1) The beginning point is on the
Cotati map at the intersection of Grange
Road, Crane Canyon Road, and the
northern boundary of section 16, T6N/
R7W. From the beginning point,
proceed southeast in a straight line for
1 mile, crossing over Pressley Road, to
the intersection of the 900-foot elevation
contour and the eastern boundary of
section 16, T6N/R7W; then
(2) Proceed east-southeasterly in a
straight line for 0.5 mile, crossing onto
the Glen Ellen map, to the terminus of
an unnamed, unimproved road known
locally as Summit View Ranch Road,
just north of the southern boundary of
section 15, T6N/R7N; then
(3) Proceed southeast in a straight line
for 0.6 mile to the intersection of Crane
Creek and the 1,200-foot elevation
contour, section 22, T6N/R7W; then
(4) Proceed southeast in a straight line
for 2.9 miles to the marked 2,271-foot
peak on Sonoma Mountain, T6N/R6W;
then
(5) Proceed southeast in a straight line
for 10.5 miles, crossing over the
northeastern corner of the Petaluma
River map and onto the Sears Point
map, to the marked 682-foot summit of
Wildcat Mountain; then
(6) Proceed south-southeasterly in a
straight line for 3.3 miles to the
intersection of State Highway 121 (also
known locally as Arnold Drive) and
State Highway 37 (also known locally as
Sears Point Road); then
(7) Proceed east-northeasterly along
State Highway 37/Sears Point Road for
approximately 0.1 mile to Tolay Creek;
then
(8) Proceed generally south along the
meandering Tolay Creek for 3.9 miles,
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crossing onto the Petaluma Point map,
to the mouth of the creek at San Pablo
Bay; then
(9) Proceed southwesterly along the
shore of San Pablo Bay for 2.7 miles,
crossing the mouth of the Petaluma
River, and continuing southeasterly
along the bay’s shoreline to Petaluma
Point; then
(10) Proceed northwesterly in a
straight line for 6.3 miles, crossing over
the northeastern corner of the Novato
map and onto the Petaluma River map,
to the marked 1,558-foot peak of Burdell
Mountain; then
(11) Proceed northwest in a straight
line for 1.3 miles to the marked 1,193foot peak; then
(12) Proceed west-southwesterly in a
straight line for 2.2 miles, crossing onto
the Petaluma map, to the marked 1,209foot peak; then
(13) Proceed west-southwest in a
straight line for 0.8 mile to the marked
1,296-foot peak; then
(14) Proceed west in a straight line for
1 mile to the marked 1,257-foot peak on
Red Hill in section 31, T4N/R7W; then
(15) Proceed southwest in a straight
line for 2.9 miles to the marked 1,532foot peak on Hicks Mountain; then
(16) Proceed north-northwesterly in a
straight line for 2.7 miles, crossing onto
the Point Reyes NE map, to the marked
1,087-foot peak; then
(17) Proceed north-northwesterly in a
straight line for 1.5 miles to the marked
1,379-foot peak; then
(18) Proceed west-northwesterly in a
straight line for 2.9 miles to the marked
935-foot peak; then
(19) Proceed northwest in a straight
line for 1.8 miles to the marked 804-foot
peak; then
(20) Proceed west-northwesterly in a
straight line for 3.1 miles, crossing onto
the Tomales map, to the marked 741foot peak; then
(21) Proceed northwesterly in a
straight line for 1.3 miles to benchmark
(BM) 10 on State Highway 1, at the
mouth of Walker Creek in Tomales Bay;
then
(22) Proceed southwesterly, then
northwesterly along the shoreline of
Tomales Bay to Sand Point, on Bodega
Bay, and continuing northerly along the
shoreline of Bodega Bay, crossing over
the Valley Ford map and onto the
Bodega Head map, circling the shoreline
of Bodega Harbor to the Pacific Ocean
and continuing northerly along the
shoreline of the Pacific Ocean to the
mouth of Salmon Creek, for a total of
19.5 miles; then
(23) Proceed easterly along Salmon
Creek for 9.6 miles, crossing onto the
Valley Ford map and passing Nolan
Creek, to the second intermittent stream
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
in the Estero Americano land grant,
T6N/R10W; then
(24) Proceed east in a straight line for
1 mile to vertical angle benchmark
(VABM) 724 in the Estero Americano
land grant, T6N/R10W; then
(25) Proceed south-southeasterly in a
straight line for 0.8 mile to BM 61 on an
unmarked light duty road known locally
as Freestone Valley Ford Road in the
˜
Canada de Pogolimi land grant, T6N/
R10W; then
(26) Proceed southeast in a straight
line for 0.6 mile to the marked 448-foot
˜
peak in the Canada de Pogolimi land
grant, T6N/R10W; then
(27) Proceed southeast in a straight
line for 0.1 mile to the northern
terminus of an unnamed, unimproved
˜
road in the Canada de Pogolimi land
grant, T6N/R10W; then
(28) Proceed northeasterly, then
southeasterly for 0.9 mile along the
unnamed, unimproved road to the 400˜
foot elevation contour in the Canada de
Pogolimi land grant, T6N/R10W; then
(29) Proceed easterly along the
meandering 400-foot elevation contour
for 6.7 miles, crossing onto the Two
Rocks map, to Burnside Road in the
˜
Canada de Pogolimi land grant, T6N/
R10W; then
(30) Proceed south on Burnside Road
for 0.1 mile to an unnamed medium
duty road known locally as Bloomfield
˜
Road in the Canada de Pogolimi land
grant,T6N/R9W; then
(31) Proceed southeast in a straight
line for 0.6 mile to the marked 610-foot
peak in the Blucher land grant, T6N/
R9W; then
(32) Proceed east-southeasterly in a
straight line for 0.8 mile to the marked
641-foot peak in the Blucher land grant,
T6N/R9W; then
(33) Proceed northeast in a straight
line for 1.2 miles, crossing through the
intersection of an intermittent stream
with Canfield Road, to the common
Range 8/9 boundary; then
(34) Proceed southeast in a straight
line for 0.5 mile to the marked 542-foot
peak; then
(35) Proceed southeast in a straight
line for 0.8 mile to the intersection of an
unnamed, unimproved road (leading to
four barn-like structures) known locally
as Carniglia Lane and an unnamed
medium duty road known locally as
Roblar Road, T6N/R8W; then
(36) Proceed south in a straight line
for 0.5 mile to the marked 678-foot peak,
T6N/R8W; then
(37) Proceed east-southeast in a
straight line for 0.8 mile to the marked
599-foot peak, T5N/R8W; then
(38) Proceed east-southeast in a
straight line for 0.7 mile to the marked
604-foot peak, T5N/R8W; then
E:\FR\FM\28OCP1.SGM
28OCP1
Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Proposed Rules
(39) Proceed east-southeast in a
straight line for 0.9 mile, crossing onto
the Cotati map, to the intersection of
Meacham Road and an unnamed light
duty road leading to a series of barn-like
structures, T5N/R8W; then
(40) Proceed north-northeast along
Meacham Road for 0.8 mile to Stony
Point Road, T5N/R8W; then
(41) Proceed southeast along Stony
Point Road for 1.1 miles to the 200-foot
elevation contour, T5N/R8W; then
(42) Proceed north-northeast in a
straight line for 0.5 mile to the
intersection of an intermittent creek
with U.S. Highway 101, T5N/R8W; then
(43) Proceed north along U.S.
Highway 101 for 1.5 miles to State
Highway 116 (also known locally as
Graverstein Highway), T6N/R8W; then
(44) Proceed northeast in a straight
line for 3.4 miles to the intersection of
Crane Creek and Petaluma Hill Road,
T6N/R7W; then
(45) Proceed easterly along Crane
Creek for 0.8 mile to the intersection of
Crane Creek and the 200-foot elevation
line, T6N/R7W; then
(46) Proceed northwesterly along the
200-foot elevation contour for 1 mile to
the intersection of the contour line and
an intermittent stream just south of
Crane Canyon Road, T6N/R7W; then
(47) Proceed east then northeasterly
along the northern branch of the
intermittent stream for 0.3 mile to the
intersection of the stream with Crane
Canyon Road, T6N/R7W; then
(48) Proceed northeasterly along
Crane Canyon Road for 1.2 miles,
returning to the beginning point.
Signed: October 21, 2016.
John J. Manfreda,
Administrator.
[FR Doc. 2016–25972 Filed 10–27–16; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Chapter XVII
Informal Discussion on Hazard
Communication Rulemaking
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Notice of public meeting.
mstockstill on DSK3G9T082PROD with PROPOSALS
AGENCY:
This notice is to advise
interested persons that on Wednesday,
November 16, 2016, OSHA will conduct
a public meeting to informally discuss
potential updates to the Hazard
Communication Standard. The purpose
SUMMARY:
VerDate Sep<11>2014
17:23 Oct 27, 2016
Jkt 241001
of this meeting is to invite stakeholders
to identify topics or issues they would
like OSHA to consider in the
rulemaking.
DATES: Wednesday November 16, 2016.
ADDRESSES: OSHA’s informal discussion
on Hazard Communication rulemaking
will be held Wednesday, November 16,
2016 from 9:00 a.m.–12:30 p.m.at the
Mine Safety and Health Administration
(MSHA) Headquarters, Suite 700, 201
12th Street South, Arlington, VA 22202.
FOR FURTHER INFORMATION CONTACT: Ms.
Maureen Ruskin, OSHA Directorate of
Standards and Guidance, Department of
Labor, Washington, DC 20210,
telephone: (202) 693–1950, email:
ruskin.maureen@dol.gov.
SUPPLEMENTARY INFORMATION:
Advanced Meeting Registration:
OSHA requests that attendees preregister for this meeting by completing
the form at https://
www.surveymonkey.com/r/CRPK2YY.
Please note if you are attending in
person MSHA, who is hosting this
meeting, requires pre-registration seven
days before the meeting. Failure to preregister for this event will prevent your
access into the MSHA Headquarters
building. Additionally, if you are
attending in-person, OSHA suggests you
plan to arrive early to allow time for the
security checks necessary to access the
building. Conference call-in and WebEx
capability will be provided for this
meeting. Specific information on the
MSHA Headquarters building access,
and call-in and WebEx meeting access
will be posted when available in the
Highlights box on OSHA’s Hazard
Communication Web site at: https://
www.osha.gov/dsg/hazcom/.
OSHA is beginning its rulemaking
efforts to maintain alignment of the
Hazard Communication Standard (HCS)
with the most recent revision of the
United Nations Globally Harmonized
system of Classification and Labelling of
chemicals (GHS). The purpose of this
meeting is to request feedback from
stakeholders and informally discuss
potential topics or issues that OSHA
should consider during a rulemaking to
update the HCS. OSHA will also solicit
suggestions about the types of
publications stakeholders might find
helpful in complying with the standard
and which topics on which they would
like OSHA to prepare additional
compliance materials in the future.
Authority and Signature: This
document was prepared under the
direction of David Michaels, Ph.D.,
MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, pursuant to
sections 4, 6, and 8 of the Occupational
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
74987
Safety and Health Act of 1970 (29 U.S.C.
653, 655, 657), and Secretary’s Order 1–
2012 (77 FR 3912), (Jan. 25, 2012).
Signed at Washington, DC, on October 24,
2016.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2016–26003 Filed 10–27–16; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No.: PTO–P–2011–0030]
RIN 0651–AC58
Revision of the Duty To Disclose
Information in Patent Applications and
Reexamination Proceedings
United States Patent and
Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
AGENCY:
The United States Patent and
Trademark Office (Office or PTO) is
proposing revisions to the materiality
standard for the duty to disclose
information in patent applications and
reexamination proceedings (duty of
disclosure) in light of a 2011 decision by
the U.S. Court of Appeals for the
Federal Circuit (Federal Circuit). The
Office previously issued a notice of
proposed rulemaking on July 21, 2011,
and due to the passage of time since the
comment period closed in 2011, the
Office considers it appropriate to seek
additional comments from our
stakeholders before issuing a final
rulemaking. In the current notice of
proposed rulemaking, the Office is
seeking public comments on the rules of
practice, as revised in response to the
comments received from our
stakeholders.
SUMMARY:
Comment Deadline Date: The
Office is soliciting comments from the
public on this proposed rule change.
Written comments must be received on
or before December 27, 2016 to ensure
consideration. No public hearing will be
held.
ADDRESSES: Comments concerning this
notice should be sent by electronic mail
message over the Internet (email)
addressed to AC58.comments@
uspto.gov. Comments may also be
submitted by postal mail addressed to:
Mail Stop Comments—Patents,
Commissioner for Patents, P.O. Box
1450, Alexandria, VA 22313–1450,
marked to the attention of Matthew
DATES:
E:\FR\FM\28OCP1.SGM
28OCP1
Agencies
[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Proposed Rules]
[Pages 74979-74987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25972]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2016-0009; Notice No. 163]
RIN 1513-AC34
Proposed Establishment of the Petaluma Gap Viticultural Area and
Modification of the North Coast 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 202,476-acre ``Petaluma Gap'' viticultural area in
portions of Sonoma and Marin Counties in California. TTB also proposes
to expand the boundary of the existing 3 million-acre North Coast
viticultural area by 28,077 acres in order to include the entire
proposed Petaluma Gap viticultural area within it. The proposed
Petaluma Gap viticultural area would also partially extend outside of
the established Sonoma Coast viticultural area, but TTB is not
proposing to modify the boundary of the Sonoma 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 these proposals.
DATES: TTB must receive your comments on or before December 27, 2016.
ADDRESSES: Please send your comments on this proposal to one of the
following addresses:
https://www.regulations.gov (via the online comment form
for this document as posted within Docket No. TTB-2016-009 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 400, Washington, DC
20005.
See the Public Participation section of this document for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
You may view copies of this document, selected supporting
materials, and any comments TTB receives about this proposal at https://www.regulations.gov within Docket No. TTB-2016-0009. A link to that
docket is posted on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 163. You also may view copies of this
document, all related petitions, maps or other supporting materials,
and any comments TTB receives about this proposal by appointment at the
TTB Information Resource Center, 1310 G Street NW., Washington, DC
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
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
[[Page 74980]]
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, dated December
10, 2013 (superseding Treasury Order 120-01, dated January 24, 2003),
to the TTB Administrator to perform the functions and duties in the
administration and enforcement of these provisions.
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 its
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 (27 CFR 4.25(e)(2))
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
standards for petitions for the establishment or modification of AVAs.
Petitions to establish an AVA must include the following:
Evidence that the area 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 that affect 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 AVA boundary;
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.
Petition to Establish the Petaluma Gap AVA and to Modify the Boundary
of the North Coast AVA
TTB received a petition from the Petaluma Gap Winegrowers Alliance,
proposing to establish the ``Petaluma Gap'' AVA and to modify the
boundary of the existing multi-county North Coast AVA (27 CFR 9.30).
The proposed AVA covers portions of Sonoma and Marin Counties, in
California. There are 9 bonded wineries and 80 commercial vineyards,
covering a total of approximately 4,000 acres, distributed throughout
the 202,476-acre proposed AVA.
While the proposed Petaluma Gap AVA is largely located within the
existing North Coast AVA, a small portion of the proposed Petaluma Gap
AVA would, if established, extend outside the current southern boundary
of the established North Coast AVA. To address the potential partial
overlap of the two AVAs and account for viticultural similarities
between the proposed Petaluma Gap AVA and the larger North Coast AVA,
the petition also proposes to expand the boundary of the North Coast
AVA so that the entire proposed Petaluma Gap AVA would be included
within the North Coast AVA. The proposed expansion would increase the
size of the 3 million-acre North Coast AVA boundary by 28,077 acres.
The proposed Petaluma Gap AVA, if established, would also partially
overlap the southwestern boundary of the established Sonoma Coast AVA
(27 CFR 9.116), but the Marin County portion of the proposed AVA,
consisting of approximately 68,130 acres, would extend outside of the
Sonoma Coast AVA. However, the petition does not propose to modify the
boundary of the Sonoma Coast AVA for reasons which will be discussed
later in this document, including the lack of use of the name ``Sonoma
Coast'' outside of Sonoma County.
The distinguishing features of the proposed Petaluma Gap AVA are
its topography and wind speeds. Unless otherwise noted, all information
and data contained in the following sections are from the petition to
establish the proposed AVA and its supporting exhibits.
Proposed Petaluma Gap AVA
Name Evidence
The proposed Petaluma Gap AVA derives its name from the city of
Petaluma and from the geographical feature known as the ``Petaluma
Gap,'' both of which are located within the proposed AVA. The
``Petaluma Gap'' geographical feature is an area of low-lying hills
which allows cool winds to flow inland from the Pacific Ocean. The Bay
Area Air Quality Management District (BAAQMD) Web site states, ``The
region from the Estero Lowlands to the San Pablo Bay is known as the
Petaluma Gap. * * * Wind patterns in the Petaluma and Cotati Valleys
are strongly influenced by the Petaluma Gap.'' \1\ In a study on the
climate of Sonoma County, Paul Vossen, a farm advisor for the
University of California Cooperative Extension Service in Sonoma
County, wrote that cool marine winds extend inland ``through river
canyons and the Petaluma gap [sic] to Sonoma Mountain.'' \2\
---------------------------------------------------------------------------
\1\ www.baaqmd.gov/~/media/Files/Planning%20and%20Research/CEQA/
BAAQMD%20CEQA%20Guidelines%20May%202011.ashx?la=en.
\2\ Vossen, Paul, Sonoma County Climatic Zones, University of
California Cooperative Extension Service, Sonoma County, 1986.
---------------------------------------------------------------------------
The name ``Petaluma Gap'' is also associated with the wine industry
within the proposed AVA. The petitioner provided summaries of several
wine-related articles that refer to the region of the proposed AVA as
``Petaluma Gap.'' In his blog ``Fermentation: The Daily Wine Blog,''
Tom Wark writes, ``The `Petaluma Gap' might be a term you've heard of
lately, particularly if you are an aficionado of Sonoma County wines.''
\3\ A 2007 article by Rusty Gaffney on his ``The Prince of Pinot'' blog
says, ``The Petaluma Gap possesses a very unique microclimate.'' \4\ A
2007 article in the magazine Wine and Spirits states, ``You can
practically smell the ocean, just a few miles away, in the wind that
roars between the Sonoma mountains, through the hillside and valley
floor vineyards, creating an inland pinot oasis called the Petaluma
Gap.'' \5\ A 2008 article titled ``Mind the (Petaluma) Gap'' in the
Tasting Panel magazine describes
[[Page 74981]]
the region of the proposed AVA as follows: ``Located at the lower end
of the Sonoma Coast AVA and distinguished by its close proximity to the
Pacific Ocean, the Petaluma Gap is influenced on a daily basis by misty
fog in the mornings, warm afternoons and chilly maritime winds in the
evenings.'' \6\ A 2012 article in Decanter magazine describes several
regions in California that are ``the state's most marginal sites,''
including ``the Petaluma Gap within the Sonoma Coast appellation * * *
.'' \7\ A 2012 article in the Petaluma Post newspaper states, ``The
wind and fog are the Petaluma Gap's trademark.'' \8\ Finally, a 2014
article in the Santa Rosa Press Democrat newspaper states, ``The Gap in
Petaluma Gap is created by Pacific Ocean winds that flow between
Tomales Bay and Bodega Bay through a 15-mile-wide gap in the coastal
range mountains.'' \9\
---------------------------------------------------------------------------
\3\ https://fermentationwineblog.com/2006/05/wind_fog_wine_t/,
``Wind, Fog, Wine: The Story of `The Gap','' May 8, 2006.
\4\ https://www.princeofpinot.com/article/281, ``Petaluma Gap:
Fog Noir.'' January 15, 2007.
\5\ Irwin, Heather. ``The Wind Tunnel: Sonoma County's Best Kept
Pinot Noir Secret.'' Wine and Spirits, August 2007.
\6\ Sawyer, Christopher. ``Mind the (Petaluma) Gap.'' The
Tasting Panel. February 2008.
\7\ Murphy, Linda. ``California's Coolest Pinot.'' Decanter.
March 2010. https://www.decanter.com/people-and-places/wine-articles/483749/cool-climate-california-pinot.
\8\ Hurson, Von. ``The Gap Roars!'' Petaluma Post. August 1,
2012. https://www.petalumapost.com/08Aug2012-pages/index.htm.
\9\ Boone, Virginie. ``Wines of Wind Country.'' The Press
Democrat. February 4, 2014. https://www.pressdemocrat.com/news/1855471-181/wines-of-wind-country.
---------------------------------------------------------------------------
Boundary Evidence
The proposed Petaluma Gap AVA is located in southern Sonoma County
and northern Marin County. The proposed AVA has a northwest-southeast
orientation and extends from the Pacific Ocean to San Pablo Bay. The
proposed western boundary follows the Pacific coastline from the point
where Walker Creek enters Tomales Bay northward to the point where
Salmon Creek enters the ocean, just north of Bodega Bay. The proposed
northern boundary follows Salmon Creek, the 400-foot elevation contour,
and a series of roads and lines drawn between marked elevation points
in order to separate the lower elevations and rolling hills of the
proposed AVA from the steeper, higher elevations to the north. The
proposed eastern boundary follows a series of lines drawn between
points on the USGS map, separating the proposed AVA from the higher
elevations of Sonoma Mountain and the flatter terrain along Sonoma
Creek and San Pablo Bay. The proposed southern boundary follows a
series of lines drawn between marked elevation points in order to
separate the proposed AVA from the higher elevations to the south.
Distinguishing Features
According to the petition, the distinguishing features of the
proposed Petaluma Gap AVA are its topography and wind speed.
Topography
Coastal highlands and mountain ranges are characteristic of the
California coast. However, within the proposed Petaluma Gap AVA, the
highlands are not as pronounced as they are north and south of the
proposed AVA. Within the proposed AVA, the topography is characterized
by low, rolling hills. Flat land is found along the Petaluma River,
especially east of the City of Petaluma and near the mouth of San Pablo
Bay. Small valleys and fluvial terraces are also present. Elevations
within the proposed AVA do not exceed 600 feet, except in a few places
within the ridgelines that form the proposed northern, eastern, and
southern boundaries.
According to the petition, the low elevations and gently rolling
terrain of the proposed Petaluma Gap create a corridor that allows
marine winds to flow relatively unhindered from the Pacific Ocean to
San Pablo Bay, particularly during the mid-to-late afternoon. As a
result, cool air and marine fog enter the vineyards during the time of
day when temperatures would normally be at their highest, bringing heat
relief to the vines. The low elevations and rolling hills of the
proposed AVA also allow the marine air to enter the proposed AVA at
higher speeds than found in the surrounding areas, where higher,
steeper mountains disrupt the flow of air. The effects of the high wind
speeds on grapes are discussed in detail later in this document.
To the north of the proposed Petaluma Gap AVA, the elevations are
much higher, with elevations over 1,000 feet not uncommon in northern
Sonoma County. The broad Santa Rosa Plain is also located north of the
proposed AVA and has a much flatter topography than the proposed AVA.
East of the proposed AVA, the higher elevations of Sonoma Mountain
prevent much of the marine airflow that enters the Petaluma Gap from
travelling farther east. East of Sonoma Mountain is the Sonoma Valley,
which has lower elevations and flatter terrain than the proposed AVA.
To the south of the proposed AVA, the elevations can exceed 1,000 feet.
Wind Speed
According to the petition, marine air enters the proposed Petaluma
Gap AVA at the Pacific coastline, between Bodega Bay and Tomales Bay.
The air then flows southeasterly through the proposed AVA and exits at
San Pablo Bay. Although marine breezes are present within the proposed
AVA during most of the day, the wind speeds increase significantly in
the afternoon hours. The petition states that in the mid-to-late
afternoon, inland temperatures increase, causing the hot air to rise
and pull the cooler, heavier marine air in from the coast and create
steady winds. The following table, which was created by TTB from
information included in the petition, shows the hourly average wind
speed between noon and 6:00 p.m. for locations within the proposed AVA
and the surrounding areas during the April-October growing season. Map
5a, included in Addendum 2 to the petition, shows the locations of the
weather stations. Because the Pacific Ocean forms the western boundary
of the proposed AVA, comparison data is only included from the regions
to the north, east, and south of the proposed AVA. The data in the
table shows that average hourly afternoon wind speeds within the
proposed AVA are consistently higher than those in the surrounding
regions.
Table 1--Average Hourly Afternoon Growing Season Wind Speeds
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average wind speed (miles per hour)
Location ---------------------------------------------------------------------------------------------------------------
12 noon 1 p.m. 2 p.m. 3 p.m. 4 p.m. 5 p.m. 6 p.m.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Within proposed AVA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Valley Ford \10\........................ 13.3 14.4 14.9 14.8 14.0 12.4 10.2
Bloomfield \11\......................... 5.4 7.0 7.9 8.3 8.1 7.4 6.0
Mecham Landfill \12\.................... 7.7 9.5 12.0 13.7 14.6 14.8 13.8
[[Page 74982]]
Middle Two Rock \13\.................... 8.6 10.8 12.2 13.0 13.1 12.4 10.8
Azaya Vineyard \14\..................... 5.2 6.5 7.6 8.1 8.1 7.5 6.4
Petaluma Airport \15\................... 9.5 11.1 12.1 12.2 11.5 10.3 9.0
Sun Chase Vineyard \16\................. 5.4 6.3 6.8 6.9 6.5 5.7 4.2
Sonoma Baylands \17\.................... 10.5 11.4 12.0 12.4 12.4 12.0 10.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Outside proposed AVA (direction)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Occidental \18\ (north)................. 2.0 2.3 2.5 2.5 2.3 2.0 1.6
Belleview Ranch \19\ (north)............ 2.2 3.0 3.6 3.8 3.8 3.3 2.7
Sonoma Valley \20\ (east)............... 1.7 2.0 2.4 2.6 2.5 2.1 1.6
Novato \21\ (south)..................... 1.4 1.8 2.0 2.2 2.4 2.4 4.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
The petition also includes a table showing the frequency of hourly
average afternoon wind speeds of at least 8 miles per hour for
locations within the proposed Petaluma Gap AVA and the surrounding
regions. The data is summarized in the following table. The period of
record for each station is the same as used for Table 1.
---------------------------------------------------------------------------
\10\ Period of record 2009-2014.
\11\ Period of record 2011-2014.
\12\ Period of record 2011-2014.
\13\ Period of record 2011-2014.
\14\ Period of record 2012-2014.
\15\ Period of record 1993-1997. This station stopped collecting
hourly data in 1997.
\16\ Period of record 2011-2013. This station was a private
weather station that experienced a mechanical failure in February
2014 and was not repaired until after the growing season.
\17\ Period of record 2009-2014.
\18\ Period of record 2009-2014.
\19\ Period of record 2010-2014.
\20\ Period of record 2012-2014.
\21\ Period of record 2009, 2012-2014. The 2010 and 2011 data
for this station were largely incomplete and so were not included in
the analysis.
Table 2--Frequency of Hourly Average Growing Season Wind Speeds That Are
Greater Than or Equal to 8 Miles per Hour
------------------------------------------------------------------------
Frequency
Location (percent)
------------------------------------------------------------------------
Within proposed AVA
------------------------------------------------------------------------
Valley Ford............................................. 89.9
Bloomfield.............................................. 44.0
Mecham Landfill......................................... 81.2
Middle Two Rock......................................... 82.0
Azaya Vineyard.......................................... 36.7
Petaluma Airport........................................ 79.5
Sun Chase Vineyard...................................... 30.3
Sonoma Baylands......................................... 82.8
------------------------------------------------------------------------
Outside proposed AVA (direction)
------------------------------------------------------------------------
Occidental (north)...................................... 0.6
Novato (north).......................................... 5.3
Sonoma Valley (east).................................... 1.8
Bellevue Ranch (south).................................. 9.2
------------------------------------------------------------------------
The table shows that afternoon wind speeds for locations within the
proposed AVA reach or exceed 8 miles per hour with greater frequency
than for locations outside the proposed AVA. The petition states that
when wind speeds reach 8 miles per hour, the stomata (or small pores)
on the underside of the grape leaves close. When the stomata are
closed, the rate of photosynthesis slows. The petition states that
occasional periods of wind speeds of 8 miles per hour or higher
typically have little effect on grape development. However,
persistently high wind speeds, such as those found within the proposed
Petaluma Gap AVA, reduce photosynthesis to the extent that the grapes
have to remain on the vine longer in order to reach a given sugar level
(a longer ``hang time''), compared to the same grape varietal grown in
a less windy location. Grapes grown in windy locations are also
typically smaller and have thicker skins than the same varietal grown
elsewhere. According to the petition, the smaller grape size, thicker
skins, and longer hang time concentrate the flavor compounds in the
fruit, allowing grapes that are harvested at lower sugar levels to
still have the typical flavor characteristics of the grape varietal.
Comparison of the Proposed Petaluma Gap AVA to the Existing North Coast
AVA
The North Coast AVA was established by T.D. ATF-145, which was
published in the Federal Register on September 21, 1983 (48 FR 42973).
The AVA includes all or portions of Napa, Sonoma, Mendocino, Solano,
Lake, and Marin Counties in California and covers approximately 3
million acres. In the conclusion of the ``Geographical Features''
section of the preamble, T.D. ATF-145 states that ``[d]ue to the
enormous size of the North Coast viticultural area, variations exist in
climatic features such as temperature, rainfall, and fog intrusion.''
The proposed Petaluma Gap AVA shares the basic viticultural feature
of the North Coast AVA--the marine influence that moderates growing
season temperatures in the area. However, the proposed AVA is much more
uniform in its topography and its climate, as defined by wind speeds,
than the diverse, multicounty North Coast AVA. In this regard, TTB
notes that in the ``Overlapping Viticultural Areas'' section, T.D. ATF-
145 specifically states that ``approval of this viticultural area does
not preclude approval of additional areas, either wholly contained
within the North Coast, or partially overlapping the North Coast,'' and
that ``smaller viticultural areas tend to be more uniform in their
geographical and climatic characteristics, while very large areas such
as the North Coast tend to exhibit generally similar characteristics,
in this case the influence of maritime air off of the Pacific Ocean and
San Pablo Bay.'' Thus, the proposal to establish the Petaluma Gap AVA
is consistent with what was envisaged when the North Coast AVA was
established.
[[Page 74983]]
Proposed Modification of the North Coast AVA
As previously noted, the petition to establish the proposed
Petaluma Gap AVA also requests an expansion of the established North
Coast AVA. The proposed Petaluma Gap AVA is located in the southwestern
portion of the North Coast AVA, along the Sonoma-Marin County line.
Most of the proposed Petaluma Gap AVA would, if established, be located
within the current boundary of the North Coast AVA. However, unless the
boundary of the North Coast AVA is modified, the southwestern portion
of the proposed Petaluma Gap AVA in northwestern Marin County would be
outside the North Coast AVA. This portion of the proposed Petaluma Gap
AVA is roughly defined by the Pacific coastline on the western edge,
the Sonoma-Marin County line on the northern edge, State Highway 1 on
the eastern edge, and the mouth of Walker Creek on the southern edge.
The proposed North Coast AVA boundary modification would increase the
size of the established AVA by 28,077 acres and would result in the
entire proposed Petaluma Gap AVA being within the North Coast AVA.
According to T.D. ATF-145, the North Coast AVA is characterized by
a cool climate with growing degree day (GDD) totals that range from
Region I to Region III on the Winkler scale.\22\ T.D. ATF-145 states
that the western portion of Marin County, which includes the
southwestern portion of the proposed Petaluma Gap AVA, was excluded
from the North Coast AVA because evidence submitted during the comment
period showed that this portion of the county was significantly cooler
than the rest of the North Coast AVA. The evidence included data from
several Marin County weather stations, including a weather station on
Point Reyes, which is southwest of both the North Coast AVA and the
proposed Petaluma Gap AVA. In examining the public comment to T.D. ATF-
145, TTB has found that the GDD total provided for Point Reyes was 759.
---------------------------------------------------------------------------
\22\ In the Winkler climate classification system, annual heat
accumulation during the growing season, measured in annual growing
degree days (GDDs), 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. The
Winkler scale regions are defined as follows: Region I = less than
2,500 GDDs; Region II = 2,501-3,000 GDDs; Region III = 3,001-3,500
GDDs; Region IV = 3,501-4,000 GDDs; Region V = greater than 4,000
GDDs. See Albert J. Winkler, General Viticulture (Berkeley:
University of California Press, 1974), pages 61-64.
---------------------------------------------------------------------------
Although the original determination to exclude western Marin County
from the North Coast AVA was based on data from a Point Reyes weather
station, which is southwest of the proposed Petaluma Gap AVA, TTB
believes that GDD totals from that location are not an accurate basis
for determining whether to include the southwestern corner of the
proposed Petaluma Gap AVA within the North Coast AVA. The proposed
Petaluma Gap AVA petition includes 2013 GDD data from a weather station
located in Valley Ford, which is in the southwestern portion of the
proposed AVA but outside of the current North Coast AVA boundary, as
well as from weather stations within the proposed AVA, including one
located two miles north of the town of Bodega Bay, that are within the
current boundaries of the North Coast AVA.
The 2013 GDD total for the Valley Ford station was 1,102, which
falls into the Region I category on the Winkler scale. For comparison,
the 2013 GDD total for the Bodega Bay station was 1,194, which also
falls into the Region I category on the Winkler scale. TTB believes,
therefore, that this data shows that the climate of the southwestern
portion of the proposed Petaluma Gap AVA is within the range of Winkler
scale regions that characterizes the current North Coast AVA.
Additionally, in response to a question from TTB, the petitioners
confirmed that there is at least one active vineyard growing Pinot Noir
grapes in the southwest portion of the proposed Petaluma Gap AVA near
Valley Ford, indicating that the GDD total for that region of the
proposed AVA is not too low for commercial viticulture. Therefore,
because the GDD total of the southwest portion of the proposed Petaluma
Gap AVA is within the range of GDD totals that characterize the North
Coast AVA and is high enough to support viticulture, TTB believes the
petitioner's proposal to expand the North Coast AVA to include the
southwest portion of the proposed Petaluma Gap AVA merits consideration
and public comment.
Comparison of the Proposed Petaluma Gap AVA to the Existing Sonoma
Coast AVA
The Sonoma Coast AVA was established by T.D. ATF-253, which was
published in the Federal Register on June 11, 1987 (52 FR 22302). The
Sonoma Coast AVA covers approximately 750 square miles within the
western portion of Sonoma County. According to T.D. ATF-253, the AVA
encompasses the portion of Sonoma County that is under ``very strong
marine climate influence,'' including ``persistent fog.'' T.D. ATF-253
also states that temperatures within the AVA are classified as
``Coastal Cool'' under the temperature classification system developed
by Robert L. Sisson. ``Coastal Cool'' areas are defined as having a
cumulative duration of less than 1,000 hours between 70 and 90 degrees
Fahrenheit during the months of April through October. Temperatures
within the Sonoma Coast AVA are described as significantly cooler than
temperatures in the eastern portion of Sonoma County, which are
classified as ``Coastal Warm.'' According to T.D. ATF-253, the average
maximum July temperature for the Sonoma Coast AVA is 84 degrees
Fahrenheit. T.D. ATF-253 did not distinguish the climate of the Sonoma
Coast AVA from that of Marin County, located south of the AVA.
The proposed Petaluma Gap AVA is located in the southern portion of
the Sonoma Coast AVA and shares the marine-influenced climate and
coastal fog of the established AVA. Additionally, according to the
climate data provided in the petition, the average maximum July
temperature for the city of Petaluma, at the center of the proposed
AVA, is 82 degrees Fahrenheit \23\, which is similar to that of the
Sonoma Coast AVA. However, TTB notes that temperature is not a
distinguishing feature of the proposed Petaluma Gap AVA, and that
consistently high wind speeds and a topography of gently rolling hills
are what distinguish the proposed AVA from the surrounding established
AVA.
---------------------------------------------------------------------------
\23\ Western Regional Climate Center, www.wrcc.dri.edu/Climsum.html, Petaluma Fire Station 3 (046826).
---------------------------------------------------------------------------
As previously noted, if established, the proposed Petaluma Gap AVA
would partially overlap the Sonoma Coast AVA, but also would leave the
68,130-acre Marin County portion of the proposed AVA outside of the
established Sonoma Coast AVA. However, the petition requests that TTB
allow the partial overlap to remain, primarily because the name
``Sonoma Coast'' is associated only with the coastal region of Sonoma
County and does not extend into Marin County.
Although TTB generally discourages partial overlaps of AVAs because
of the potential for consumer confusion, TTB agrees with the
petitioners that the Sonoma Coast AVA should not be expanded to include
the Marin County portion of the proposed Petaluma Gap AVA. TTB believes
that extending the Sonoma Coast AVA would likely cause consumer
confusion because the name ``Sonoma Coast'' is associated with Sonoma
County and use of the name does not extend into Marin County. TTB
[[Page 74984]]
does not believe the potential partial overlap should be resolved by
limiting the proposed Petaluma Gap AVA to Sonoma County because the
evidence in the petition demonstrates that both the Sonoma County and
the Marin County portions of the proposed AVA share similar topographic
characteristics and similar wind speeds. TTB also does not believe the
proposed AVA should be removed entirely from the Sonoma Coast AVA
because the proposed AVA and the established AVA share similar marine-
influenced climates. Additionally, TTB notes that removing the proposed
AVA from the Sonoma Coast AVA would potentially affect current label
holders who use the ``Sonoma Coast'' appellation on their wines because
wines made primarily from grapes grown in the removed region would no
longer be eligible to be labeled with that AVA as an appellation of
origin. For these reasons, TTB is proposing to leave the current
boundaries of the Sonoma Coast AVA unchanged and to allow the partial
overlap with the proposed Petaluma Gap AVA.
TTB Determination
TTB concludes that the petition to establish the 202,476-acre
``Petaluma Gap'' AVA and to concurrently modify the boundary of the
existing North Coast AVA merits consideration and public comment, as
invited in this document.
TTB is proposing the establishment of the new AVA and the
modification of the existing AVA as one action. Accordingly, if TTB
establishes the proposed Petaluma Gap AVA, then the proposed boundary
modification of the North Coast would be approved concurrently. If TTB
does not establish the proposed Petaluma Gap AVA, then the present
North Coast AVA boundary would not be modified as proposed in this
document.
Boundary Description
See the narrative boundary descriptions of the petitioned-for AVA
and the boundary modification of the established AVA in the proposed
regulatory text published at the end of this document.
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 27 CFR
4.25(e)(3). If the wine is not eligible for labeling with an AVA 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 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 27 CFR 4.39(i)(2) for details.
If this proposed regulatory text is adopted as a final rule, wine
bottlers using ``Petaluma Gap'' 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 area's
full name ``Petaluma Gap'' as an appellation of origin.
If approved, the establishment of the proposed Petaluma Gap AVA and
the proposed modification of the North Coast AVA boundary would allow
vintners to use ``Petaluma Gap'' or ``North Coast'' as appellations of
origin for wines made from grapes grown within the Petaluma Gap AVA, if
the wines meet the eligibility requirements for the appellation.
Additionally, vintners would be able to use ``Sonoma Coast'' as an
appellation of origin on wines made primarily from grapes grown within
the Sonoma County portion of the Petaluma Gap AVA, if the wines meet
the eligibility requirements for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether TTB should establish the proposed Petaluma Gap AVA and
concurrently modify the boundary of the established North Coast AVA.
TTB is interested in receiving comments on the sufficiency and accuracy
of the name, boundary, climate, topography, and other required
information submitted in support of the Petaluma Gap AVA petition. In
addition, given the proposed Petaluma Gap AVA's location within the
existing North Coast AVA and Sonoma Coast AVA, TTB is interested in
comments on whether the evidence submitted in the petition regarding
the distinguishing features of the proposed AVA sufficiently
differentiates it from the existing AVAs. TTB is also interested in
comments on whether the geographic features of the proposed AVA are so
distinguishable from either the North Coast AVA or the Sonoma Coast AVA
that the proposed Petaluma Gap AVA should not be part of one or either
established AVA. Please provide any available specific information in
support of your comments.
TTB also invites comments on the proposed expansion of the existing
North Coast AVA. TTB is especially interested in comments on whether
the evidence provided in the petition sufficiently demonstrates that
the proposed expansion area is similar enough to the North Coast AVA to
be included in the established AVA. Additionally, TTB is interested in
comments on whether or not TTB should allow the Marin County portion of
the proposed Petaluma Gap AVA to remain outside of the Sonoma Coast
AVA. Comments should address the boundaries, climate, topography,
soils, and any other pertinent information that supports or opposes the
proposed North Coast AVA boundary expansion and/or the partial overlap
of the proposed Petaluma Gap AVA with the Sonoma Coast AVA.
Because of the potential impact of the establishment of the
proposed Petaluma Gap AVA on wine labels that include the term
``Petaluma Gap'' 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 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 proposed AVA.
Submitting Comments
You may submit comments on this proposal by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this document within Docket No. TTB-
2016-0009 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
https://www.regulations.gov. A direct link to that docket is available
under Notice No. 163 on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files
[[Page 74985]]
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 at the top of the page.
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 400, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
document. Your comments must reference Notice No. 163 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. We do not acknowledge receipt of comments, and we consider
all comments as originals.
Your comment must clearly state if you are commenting on your own
behalf or on behalf of an organization, business, or other entity. If
you are commenting on behalf of an organization, business, or other
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, 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 document, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2016-0009 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. 163. You may
also reach the relevant docket through the Regulations.gov search page
at https://www.regulations.gov. For instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab at the
top of the page.
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 it considers unsuitable for posting.
You also may view copies of this document, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments we receive 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
our information specialist at the above address or by telephone at 202-
453-2265 to schedule an appointment or to request copies of comments or
other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866. Therefore, it requires no regulatory
assessment.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this document.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose 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.
Subpart C--Approved American Viticultural Areas
0
2. Section 9.30 is amended as follows:
0
a. The introductory text of paragraph (b) is revised;
0
b. The word ``and'' is removed from the end of paragraph (b)(2);
0
c. The period is removed from the end of paragraph (b)(3) and a
semicolon is added in its place;
0
d. Paragraphs (b)(4) and (5) are added;
0
e. Paragraphs (c)(1) and (2) are revised;
0
f. Paragraphs (c)(3) through (24) are redesignated as paragraphs (c)(7)
through (28); and
0
g. Paragraphs (c)(3) through (6) are added.
The revisions and additions read as follows:
Sec. 9.30 North Coast.
* * * * *
(b) Approved maps. The appropriate maps for determining the
boundaries of the North Coast viticultural area are five U.S.G.S. maps.
They are entitled:
* * *
(4) ``Tomales, CA,'' scale 1:24,000, edition of 1995; and
(5) ``Point Reyes NE., CA,'' scale 1:24,000, edition of 1995.
(c) * * *
(1) Then follow the Pacific coastline in a generally southeasterly
direction for 9.4 miles, crossing onto the Tomales map, to Preston
Point on Tomales Bay;
(2) Then northeast along the shoreline of Tomales Bay approximately
1 mile to the mouth of Walker Creek opposite benchmark (BM) 10 on State
Highway 1;
(3) Then southeast in a straight line for 1.3 miles to the marked
714-foot peak;
(4) Then southeast in a straight line for 3.1 miles, crossing onto
the Point Reyes NE map, to the marked 804-foot peak;
(5) Then southeast in a straight line 1.8 miles to the marked 935-
foot peak;
(6) Then southeast in a straight line 12.7 miles, crossing back
onto the Santa Rosa map, to the marked 1,466-foot peak on Barnabe
Mountain;
* * * * *
0
3. Add Sec. 9.___ to read as follows:
Sec. 9.___ Petaluma Gap.
(a) Name. The name of the viticultural area described in this
section is ``Petaluma Gap''. For purposes of part 4 of this chapter,
``Petaluma Gap'' is a term of viticultural significance.
(b) Approved maps. The 12 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Petaluma Gap viticultural area are titled:
[[Page 74986]]
(1) Cotati, Calif., 1954; photorevised 1980;
(2) Glen Elle, Calif., 1954; photorevised 1980;
(3) Petaluma River, Calif., 1954; photorevised 1980;
(4) Sears Point, Calif., 1951; photorevised 1968;
(5) Petaluma Point, Calif., 1959; photorevised 1980;
(6) Novato, Calif., 1954; photorevised 1980;
(7) Petaluma, Calif., 1953; photorevised 1981;
(8) Point Reyes NE., CA, 1995;
(9) Tomales, CA, 1995;
(10) Bodega Head, Calif., 1972;
(11) Valley Ford, Calif., 1954; photorevised 1971; and
(12) Two Rock, Calif., 1954; photorevised 1971.
(c) Boundary. The Petaluma Gap viticultural area is located in
Sonoma and Marin Counties in California. The boundary of the Petaluma
Gap viticultural area is as described below:
(1) The beginning point is on the Cotati map at the intersection of
Grange Road, Crane Canyon Road, and the northern boundary of section
16, T6N/R7W. From the beginning point, proceed southeast in a straight
line for 1 mile, crossing over Pressley Road, to the intersection of
the 900-foot elevation contour and the eastern boundary of section 16,
T6N/R7W; then
(2) Proceed east-southeasterly in a straight line for 0.5 mile,
crossing onto the Glen Ellen map, to the terminus of an unnamed,
unimproved road known locally as Summit View Ranch Road, just north of
the southern boundary of section 15, T6N/R7N; then
(3) Proceed southeast in a straight line for 0.6 mile to the
intersection of Crane Creek and the 1,200-foot elevation contour,
section 22, T6N/R7W; then
(4) Proceed southeast in a straight line for 2.9 miles to the
marked 2,271-foot peak on Sonoma Mountain, T6N/R6W; then
(5) Proceed southeast in a straight line for 10.5 miles, crossing
over the northeastern corner of the Petaluma River map and onto the
Sears Point map, to the marked 682-foot summit of Wildcat Mountain;
then
(6) Proceed south-southeasterly in a straight line for 3.3 miles to
the intersection of State Highway 121 (also known locally as Arnold
Drive) and State Highway 37 (also known locally as Sears Point Road);
then
(7) Proceed east-northeasterly along State Highway 37/Sears Point
Road for approximately 0.1 mile to Tolay Creek; then
(8) Proceed generally south along the meandering Tolay Creek for
3.9 miles, crossing onto the Petaluma Point map, to the mouth of the
creek at San Pablo Bay; then
(9) Proceed southwesterly along the shore of San Pablo Bay for 2.7
miles, crossing the mouth of the Petaluma River, and continuing
southeasterly along the bay's shoreline to Petaluma Point; then
(10) Proceed northwesterly in a straight line for 6.3 miles,
crossing over the northeastern corner of the Novato map and onto the
Petaluma River map, to the marked 1,558-foot peak of Burdell Mountain;
then
(11) Proceed northwest in a straight line for 1.3 miles to the
marked 1,193-foot peak; then
(12) Proceed west-southwesterly in a straight line for 2.2 miles,
crossing onto the Petaluma map, to the marked 1,209-foot peak; then
(13) Proceed west-southwest in a straight line for 0.8 mile to the
marked 1,296-foot peak; then
(14) Proceed west in a straight line for 1 mile to the marked
1,257-foot peak on Red Hill in section 31, T4N/R7W; then
(15) Proceed southwest in a straight line for 2.9 miles to the
marked 1,532-foot peak on Hicks Mountain; then
(16) Proceed north-northwesterly in a straight line for 2.7 miles,
crossing onto the Point Reyes NE map, to the marked 1,087-foot peak;
then
(17) Proceed north-northwesterly in a straight line for 1.5 miles
to the marked 1,379-foot peak; then
(18) Proceed west-northwesterly in a straight line for 2.9 miles to
the marked 935-foot peak; then
(19) Proceed northwest in a straight line for 1.8 miles to the
marked 804-foot peak; then
(20) Proceed west-northwesterly in a straight line for 3.1 miles,
crossing onto the Tomales map, to the marked 741-foot peak; then
(21) Proceed northwesterly in a straight line for 1.3 miles to
benchmark (BM) 10 on State Highway 1, at the mouth of Walker Creek in
Tomales Bay; then
(22) Proceed southwesterly, then northwesterly along the shoreline
of Tomales Bay to Sand Point, on Bodega Bay, and continuing northerly
along the shoreline of Bodega Bay, crossing over the Valley Ford map
and onto the Bodega Head map, circling the shoreline of Bodega Harbor
to the Pacific Ocean and continuing northerly along the shoreline of
the Pacific Ocean to the mouth of Salmon Creek, for a total of 19.5
miles; then
(23) Proceed easterly along Salmon Creek for 9.6 miles, crossing
onto the Valley Ford map and passing Nolan Creek, to the second
intermittent stream in the Estero Americano land grant, T6N/R10W; then
(24) Proceed east in a straight line for 1 mile to vertical angle
benchmark (VABM) 724 in the Estero Americano land grant, T6N/R10W; then
(25) Proceed south-southeasterly in a straight line for 0.8 mile to
BM 61 on an unmarked light duty road known locally as Freestone Valley
Ford Road in the Ca[ntilde]ada de Pogolimi land grant, T6N/R10W; then
(26) Proceed southeast in a straight line for 0.6 mile to the
marked 448-foot peak in the Ca[ntilde]ada de Pogolimi land grant, T6N/
R10W; then
(27) Proceed southeast in a straight line for 0.1 mile to the
northern terminus of an unnamed, unimproved road in the Ca[ntilde]ada
de Pogolimi land grant, T6N/R10W; then
(28) Proceed northeasterly, then southeasterly for 0.9 mile along
the unnamed, unimproved road to the 400-foot elevation contour in the
Ca[ntilde]ada de Pogolimi land grant, T6N/R10W; then
(29) Proceed easterly along the meandering 400-foot elevation
contour for 6.7 miles, crossing onto the Two Rocks map, to Burnside
Road in the Ca[ntilde]ada de Pogolimi land grant, T6N/R10W; then
(30) Proceed south on Burnside Road for 0.1 mile to an unnamed
medium duty road known locally as Bloomfield Road in the Ca[ntilde]ada
de Pogolimi land grant,T6N/R9W; then
(31) Proceed southeast in a straight line for 0.6 mile to the
marked 610-foot peak in the Blucher land grant, T6N/R9W; then
(32) Proceed east-southeasterly in a straight line for 0.8 mile to
the marked 641-foot peak in the Blucher land grant, T6N/R9W; then
(33) Proceed northeast in a straight line for 1.2 miles, crossing
through the intersection of an intermittent stream with Canfield Road,
to the common Range 8/9 boundary; then
(34) Proceed southeast in a straight line for 0.5 mile to the
marked 542-foot peak; then
(35) Proceed southeast in a straight line for 0.8 mile to the
intersection of an unnamed, unimproved road (leading to four barn-like
structures) known locally as Carniglia Lane and an unnamed medium duty
road known locally as Roblar Road, T6N/R8W; then
(36) Proceed south in a straight line for 0.5 mile to the marked
678-foot peak, T6N/R8W; then
(37) Proceed east-southeast in a straight line for 0.8 mile to the
marked 599-foot peak, T5N/R8W; then
(38) Proceed east-southeast in a straight line for 0.7 mile to the
marked 604-foot peak, T5N/R8W; then
[[Page 74987]]
(39) Proceed east-southeast in a straight line for 0.9 mile,
crossing onto the Cotati map, to the intersection of Meacham Road and
an unnamed light duty road leading to a series of barn-like structures,
T5N/R8W; then
(40) Proceed north-northeast along Meacham Road for 0.8 mile to
Stony Point Road, T5N/R8W; then
(41) Proceed southeast along Stony Point Road for 1.1 miles to the
200-foot elevation contour, T5N/R8W; then
(42) Proceed north-northeast in a straight line for 0.5 mile to the
intersection of an intermittent creek with U.S. Highway 101, T5N/R8W;
then
(43) Proceed north along U.S. Highway 101 for 1.5 miles to State
Highway 116 (also known locally as Graverstein Highway), T6N/R8W; then
(44) Proceed northeast in a straight line for 3.4 miles to the
intersection of Crane Creek and Petaluma Hill Road, T6N/R7W; then
(45) Proceed easterly along Crane Creek for 0.8 mile to the
intersection of Crane Creek and the 200-foot elevation line, T6N/R7W;
then
(46) Proceed northwesterly along the 200-foot elevation contour for
1 mile to the intersection of the contour line and an intermittent
stream just south of Crane Canyon Road, T6N/R7W; then
(47) Proceed east then northeasterly along the northern branch of
the intermittent stream for 0.3 mile to the intersection of the stream
with Crane Canyon Road, T6N/R7W; then
(48) Proceed northeasterly along Crane Canyon Road for 1.2 miles,
returning to the beginning point.
Signed: October 21, 2016.
John J. Manfreda,
Administrator.
[FR Doc. 2016-25972 Filed 10-27-16; 8:45 am]
BILLING CODE 4810-31-P