Proposed Establishment of the Verde Valley Viticultural Area, 11894-11900 [2020-04012]
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Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
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FOR FURTHER INFORMATION CONTACT:
Timothy McGrath, Staff Director, Food
and Feed Laboratory Operations, Office
of Regulatory Affairs, Food and Drug
Administration, 12420 Parklawn Dr.,
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796–6591, email: timothy.mcgrath@
fda.hhs.gov.
With regard to the information
collection: Domini Bean, Office of
Operations, Food and Drug
Administration, Three White Flint
North, 10A–12M, 11601 Landsdown St.,
North Bethesda, MD 20852, 301–796–
5733, email: PRAStaff@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: In the
Federal Register of November 4, 2019
(84 FR 59452), we published a proposed
rule entitled ‘‘Laboratory Accreditation
for Analyses of Foods’’ with a 120-day
comment period on the provisions of
the proposed rule and on the
information collection provisions that
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are subject to review by the Office of
Management and Budget (OMB) under
the PRA (44 U.S.C. 3501–3521).
FDA has received a request for a 30day extension of the comment period on
the proposed rule to allow interested
persons additional time to consider the
proposal. FDA has considered the
request and is granting the extension of
the comment period to allow interested
persons additional opportunity to
consider the proposal. We also are
extending the comment period for the
information collection provisions to
make the comment period for the
information collection provisions the
same as the comment period for the
provisions of the proposed rule. To
clarify, FDA is requesting comment on
all issues raised by the proposed rule.
The Agency believes that this extension
allows adequate time for any interested
persons to fully consider the proposal
and submit comments.
Dated: February 21, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020–03944 Filed 2–27–20; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2020–0002; Notice No.
187]
RIN 1513–AC54
Proposed Establishment of the Verde
Valley Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 200 squaremile ‘‘Verde Valley’’ viticultural area in
Yavapai County, Arizona. The proposed
viticultural area is not located within,
nor does it contain, any other
established viticultural area. TTB
designates viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase. TTB invites comments on this
proposed addition to its regulations.
DATES: Comments must be received by
April 28, 2020.
ADDRESSES: You may electronically
submit comments to TTB on this
proposal, and view copies of this
SUMMARY:
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document, its supporting materials, and
any comments TTB receives on it within
Docket No. TTB–2020–0002 as posted
on Regulations.gov (https://
www.regulations.gov), the Federal erulemaking portal. Please see the
‘‘Public Participation’’ section of this
document below for full details on how
to comment on this proposal via
Regulations.gov, U.S. mail, or hand
delivery, and for full details on how to
view or obtain copies of this document,
its supporting materials, and any
comments related to this proposal.
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:
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Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated the functions
and duties in the administration and
enforcement of these provisions to the
TTB Administrator through Treasury
Order 120–01, dated December 10, 2013
(superseding Treasury Order 120–01,
dated January 24, 2003).
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
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part 9 of the regulations, and a name
and a delineated boundary, as
established in part 9 of the regulations.
These designations allow vintners and
consumers to attribute a given quality,
reputation, or other characteristic of a
wine made from grapes grown in an area
to the wine’s geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA is
neither an approval nor an endorsement
by TTB of the wine produced in that
area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (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 affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed 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.
Verde Valley Petition
TTB received a petition from the
Verde Valley Wine Consortium, on
behalf of the local grape growers and
winemakers, proposing to establish the
approximately 200 square-mile ‘‘Verde
Valley’’ AVA in Yavapai County,
Arizona. The petition notes that the
entire geological feature known as
‘‘Verde Valley’’ encompasses
approximately 714 square miles, most of
which is National Forest land. The
proposed AVA, however, encompasses a
much smaller area and excludes much
of the public lands that are unavailable
for viticulture. Although an effort was
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made to exclude as many public lands
from the proposed AVA as possible,
including Montezuma’s Castle and
Montezuma’s Well National Monuments
and the Prescott and Coconino National
Forests, approximately 33 percent of the
land within the proposed Verde Valley
AVA is still part of either the Prescott
or Coconino National Forests. The
petition states that it was not practical
to draw a boundary that would exclude
all Federal land because several of the
vineyards within the proposed AVA are
‘‘islands’’ of private land surrounded on
all sides by Federal land. The petition
states that even with the amount of
Federal land remaining within the
proposed AVA, there is still plenty of
privately owned land available for
vineyards within the proposed
boundaries.
The proposed AVA currently has 24
commercial vineyards, covering a total
of approximately 125 acres. According
to the petition, several existing
vineyards are planning to expand by a
total of an estimated 40 acres in the near
future. In addition, there are 11 wineries
located within the proposed AVA.
According to the petition, the
distinguishing features of the proposed
Verde Valley AVA are its climate, soils,
and topography. The petition also
included information about the geology
of the proposed AVA. However, because
the petition did not compare the geology
of the proposed AVA to that of the
surrounding regions and did not
describe the effect geology has on
viticulture, TTB does not consider
geology to be a distinguishing feature of
the proposed AVA. Unless otherwise
noted, all information and data
pertaining to the proposed AVA
contained in this proposed rule come
from the petition for the proposed Verde
Valley AVA and its supporting exhibits.
Name Evidence
The proposed Verde Valley AVA is
located within the larger valley of the
Verde River in central Arizona.
According to the petition, the region of
the proposed AVA has been referred to
as ‘‘Verde Valley’’ since 1583, when the
Spanish explorer Antonio de Espejo
recorded his travels in the area. With
the passing of the Homestead Act in
1862, which granted land in the area to
settlers who were willing make
productive use of the land, pioneers
began moving to the region and settled
the town of Camp Verde. Later, Fort
Verde was built to provide military
protection for the residents.
The petition included several
examples of written works that refer to
the ‘‘Verde Valley.’’ An early geological
study of the region, published in 1890,
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was entitled, ‘‘Thenardite, mirabilite,
glauberite, halite, and associates, of the
Verde Valley, Arizona Territory.’’ 1 A
1963 publication by the U.S.
Department of Interior was titled,
‘‘Geology and Ground Water in the
Verde Valley–The Mongollon Rim
Region, Arizona.’’ 2 In 2012, the Lonely
Planet travel site included the Verde
Valley region in its Top 10 list of U.S.
travel destinations for 2013. The article
notes, ‘‘Between Phoenix and the Grand
Canyon, the Verde Valley is taking off
as Arizona’s go-to destination, and not
just among the spa and crystal Sedona
fans of years past.’’ 3 Finally, an article
about the wine industry in Arizona,
published in a 2013 edition of the In
Business magazine, states that the
majority of Arizona’s wine grapes are
grown in ‘‘the greater Willcox area and
the Verde Valley.’’ 4
The petition also included several
photographs of local businesses and
organizations that use the term ‘‘Verde
Valley’’ in their names. For example, the
Verde Valley Fire District, Verde Valley
Medical Center, and Verde Valley
Montessori School all serve the region
of the proposed AVA. The local
newspaper, the Verde Independent, is
published by Verde Valley Newspapers,
Inc. A local hotel is named the Verde
Valley Inn, and a ballet studio is named
Verde Valley Ballet. Finally, the petition
included a page from the local
telephone directory which lists several
other businesses that use ‘‘Verde
Valley’’ in their names, such as Verde
Valley Plumbing, Verde Valley RV
Resort and Campground, and Verde
Valley Self Storage.
Boundary Evidence
The proposed Verde Valley AVA is
located in Yavapai County, Arizona,
approximately 100 miles north of the
Phoenix metropolitan area. The Verde
River flows through the center of the
valley from northwest to southeast, and
steep foothills rise up around the valley.
The northern boundary separates the
proposed AVA from the Coconino
National Forest. The northern boundary
primarily follows the 3,800-foot
elevation contour because, according to
the petition, the terrain becomes too
steep for cultivation above that
elevation. The proposed eastern
boundary follows a series of elevation
contours to separate the proposed AVA
from extremely steep terrain, as well as
from the public lands within the
Coconino National Forest and
Montezuma’s Well and Montezuma’s
Castle National Monuments. The
proposed southern boundary follows
section lines on the U.S.G.S.
topographic maps because, according to
the petition, there were no other
consistent features on the map to follow.
The petition states that most of the land
south of the proposed boundary is
uninhabited and is part of the Coconino
National Forest. The proposed western
boundary primarily follows the 3,800foot elevation contour, to exclude the
steeper terrain of the Black Hills range
and the public lands within the Prescott
National Forest.
Distinguishing Features
The distinguishing features of the
proposed Verde Valley AVA are its
climate, soils, and topography.
Climate
The petition included information on
the annual precipitation amounts,
temperatures in degrees Fahrenheit (F),
and growing degree day 5 (GDD)
accumulations within the proposed
Verde Valley AVA.
TABLE 1—AVERAGE ANNUAL
PRECIPITATION AMOUNTS
[2012–2017]
Location
(direction from proposed
AVA)
Proposed AVA ..................
Fry Lake (North) ...............
Bar M Canyon (East) ........
Baker Butte (South) ..........
Prescott (West) .................
Average
annual
precipitation
amounts
(inches)
13.83
29.40
26.86
27.88
18.10
Average annual rainfall amounts
within the proposed Verde Valley AVA
are significantly lower than in the
surrounding regions. Due to the low
rainfall amounts, vineyard owners
within the proposed AVA must use
irrigation to ensure adequate hydration
for their vines. The petition states that
there are sufficient sources of
groundwater within the proposed AVA
for irrigation, and vineyard owners also
employ water conservation methods
such as drip irrigation and the use of
agriculturally approved reclaimed
water.
TABLE 2—TEMPERATURES
[2012–2017]
Annual mean
temperature
(degrees F)
Location
(direction from proposed AVA)
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Proposed AVA .........................................................................
Fry Lake (North) ......................................................................
Bar M Canyon (East) ...............................................................
Baker Butte (South) .................................................................
Prescott (West) ........................................................................
Maximum
temperature
(degrees F)
64.1
49.0
50.4
53.3
57.7
Minimum temperature
(degrees F)
117.0
94.0
98.0
94.0
104.0
12.0
¥11.0
¥10.0
6.0
2.0
Annual growing
degree days
accumulations
5,580
1,797
1,727
2,668
3,544
Temperatures within the proposed
Verde Valley AVA are warmer than in
each of the surrounding regions and
provide suitable heat and sunlight for
photosynthesis. The warm daytime
temperatures lead to high annual GDD
accumulations. According to the
petition, the temperatures and GDD
accumulations within the proposed
AVA are best suited for growing warmclimate grapes such as Syrah, Cabernet
1 Blake, W.P. Thenardite, mirabilite, glauberite,
halite, and associates, of the Verde Valley, Arizona
Territory. (1890) American Journal of Science, vol.
39, number 229, pp. 43–45.
2 Twenter, Floyd R., and Metzger, D.G. Geology
and Ground Water in the Verde Valley–The
Mongollon Rim Region, Arizona. Washington:
Government Printing Office. 1963.
3 Reid, Robert. Top 10 travel destinations for
2013. Lonely Planet. December 2012. https://
www.lonelyplanet.com/travel-tips-and-articles/
77583.
4 Stanton, Alison. Arizona’s Growing Wine
Industry. In Business. October 2013, pp. 20–21.
https://inbusinessphx.com/in-business/arizonasgrowing-wine-industry.
5 See Albert J. Winkler, General Viticulture
(Berkeley: University of California Press, 1974),
pages 61–64. In the Winkler climate classification
system, annual heat accumulation during the
growing season, measured in annual GDDs, defines
climatic regions. One GDD accumulates for each
degree Fahrenheit that a day’s mean temperature is
above 50 degrees F, the minimum temperature
required for grapevine growth.
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Sauvignon, Petite Sirah, Zinfandel,
Malvasia Bianca, and Viognier.
Finally, the petition included a
discussion of the difference between the
daytime high temperatures and
nighttime low temperatures within the
proposed AVA and the surrounding
regions. The petition referred to these
temperature differences as ‘‘diurnal
temperature swings.’’ Although
temperatures in the proposed AVA are
high during the daytime, cool nighttime
air drains into the proposed AVA from
the surrounding higher elevations and
lowers the nighttime temperatures. As a
result, the difference between daytime
high temperatures and nighttime low
temperatures within the proposed AVA
can exceed 30 degrees F, which is a
greater difference than found in any of
the surrounding regions. According to
the petition, such a significant drop in
nighttime temperatures delays grape
ripening, lessens the respiration of
acids, and increases phenolic
development in the grapes. The
following tables show the mean diurnal
temperature swings for each month
during the growing season for the years
2014 to 2016.
TABLE 3—DIURNAL TEMPERATURE SWINGS FOR 2014
[Degrees F]
Month
Location
(direction from proposed AVA)
April
Within proposed AVA ...............................
Fry Lake (North) .......................................
Bar M Canyon (East) ...............................
Baker Butte (South) .................................
Prescott (West) ........................................
May
37.7
28.3
31.7
19.7
30.3
June
38.8
30.0
32.9
20.9
30.5
July
41.3
35.4
38.7
23.2
33.3
August
32.1
27.7
30.0
21.9
25.8
29.5
23.7
26.8
18.7
25.0
September
31.0
24.1
27.3
16.2
26.6
TABLE 4—DIURNAL TEMPERATURE SWINGS FOR 2015
[Degrees F]
Month
Location
(direction from proposed AVA)
April
Within proposed AVA ...............................
Fry Lake (North) .......................................
Bar M Canyon (East) ...............................
Baker Butte (South) .................................
Prescott (West) ........................................
May
37.3
26.6
33.0
19.9
30.2
June
33.0
22.7
30.6
18.7
26.1
July
38.0
30.4
35.7
20.8
31.2
August
32.2
25.1
28.0
19.6
24.6
34.4
26.5
29.4
20.5
26.1
September
33.9
26.3
30.4
18.4
28.7
TABLE 5—DIURNAL TEMPERATURE SWINGS FOR 2016
[Degrees F]
Month
Location
(direction from proposed AVA)
April
Within proposed AVA ...............................
Fry Lake (North) .......................................
Bar M Canyon (East) ...............................
Baker Butte (South) .................................
Prescott (West) ........................................
35.4
24.9
28.7
18.5
27.6
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Soils
The soils within the proposed Verde
Valley AVA are primarily alluvial soils.
According to the petition, the majority
of the soils within the proposed AVA
are of the Altar, Mule, Cornville,
Anthony, Retriever, House Mountain,
Cowan, and Arizo soil series. The
composition of these soils ranges from
very fine sandy loam to gravelly loam
with silt and limestone. Traces of the
Supai, Verde, and Martin Limestone
formations can also be found throughout
the proposed AVA.
The petition states that the soils of the
proposed AVA generally provide
appropriate water drainage and have
above-moderate levels of nutrients,
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May
June
36.0
26.6
30.6
19.5
28.1
July
39.5
32.7
37.0
23.1
31.1
although low calcium and magnesium
levels are common. Additionally, the
high bicarbonate levels in the
groundwater of the proposed AVA have
been found to increase soil pH and
inhibit nutrient uptake in the vines. The
petition states that these unfavorable
vineyard conditions can be mitigated
through rootstock, varietal, and clonal
selections that can tolerate and even
benefit from these nutrient deficiencies.
To the north and east of the proposed
Verde Valley AVA, along the Mongollon
Rim, the soils are described in the
petition as ‘‘stony.’’ The most prominent
soil series in these two regions are
Brolliar stony loam and Siesta stony silt
loam. According to the petition, the
remainder of the soil to the north and
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August
36.8
29.2
32.3
22.1
28.1
29.8
24.4
27.2
18.0
24.4
September
32.2
25.0
28.9
16.7
26.3
east of the proposed AVA is comprised
of approximately 22 other defined soil
series, most of which have the terms
‘‘stony’’ or ‘‘very stony’’ in their names.
To the west and southwest of the
proposed AVA, in the Black Hills, the
soils are also typically stony. Major soil
series in these regions include Brolliar
very stony clay loam, Soldier cobbly
loam, Lonti-Wineg, and Lynx.
Topography
The proposed Verde Valley AVA is
located within the basin of the Verde
River. The petition describes the shape
of this basin as a ‘‘bowl with a crack in
it to the south where the river flows out
of the valley.’’ The edges of the ‘‘bowl’’
gently slope down towards the valley
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floor at angles of 2 to 15 percent.
Elevations within the proposed AVA
range from approximately 3,000 feet to
5,000 feet, although most of the
proposed AVA is below 3,900 feet.
The proposed AVA is surrounded on
all sides by higher elevations and
steeper slopes. To the north and
northeast of the proposed AVA,
elevations rise up to 8,000 feet along the
edge of the Mongollon Rim. To the west
and southwest of the proposed AVA are
the Black Mountains, which have steep
slopes and elevations up to
approximately 7,800 feet.
According to the petition, the
proposed Verde Valley AVA’s
topography affects viticulture. Gentle
slopes allow for easier vineyard
management than steep slopes.
Furthermore, because the proposed
AVA is lower than the surrounding
regions, cold air drains from the higher
elevations into the proposed AVA
during the spring and fall. As a result,
the risk of frost damage increases in the
proposed AVA, particularly in
vineyards adjacent to the river. The
petition states that vineyard owners
attempt to mitigate the risk of frost by
using inversion fans and protective
sprays and by planting late-budding
varietals of grapes.
Summary of Distinguishing Features
The evidence provided in the petition
indicates that the climate, soil, and
topography of the proposed Verde
Valley AVA distinguish it from the
surrounding regions in each direction.
The following table summarizes the
features of the proposed AVA and the
surrounding regions.
SUMMARY OF DISTINGUISHING FEATURES
Region
Climate
Soils
Topography
Proposed Verde Valley AVA ..........
Average of 13.83 inches of rain
annually; average GDD accumulations of 5,580; hot summers and moderate winters;
growing season diurnal temperature swings of 30 degrees
or higher.
Higher annual rainfall amounts;
lower
GDD
accumulations;
cooler summers and colder winters; smaller diurnal temperature difference swings.
Higher annual rainfall amounts;
lower
GDD
accumulations;
cooler summers and colder winters; smaller diurnal temperature difference swings.
Higher annual rainfall amounts;
lower
GDD
accumulations;
cooler summers and moderate
winters; smaller diurnal temperature difference swings.
Higher annual rainfall amounts;
lower
GDD
accumulations;
cooler summers and moderate
winters; smaller diurnal temperature difference swings.
Alluvial soils composed of loams
ranging from very fine sandy
loams to gravelly loams with silt
and limestone.
Gentle slopes with angles of 2 to
15 percent; elevations between
3,000 and 5,000 feet.
Stony soils primarily of the Brollar
stony loam and Siesta stony silt
series.
Steep slopes with elevations up to
8,000 feet.
Stony soils primarily of the Brolliar
stony loam and Siesta stony silt
series.
Steep slopes with elevations up to
8,000 feet.
Stony soils primarily of the Brolliar
very stony clay loam, Soldier
cobbly loam, Lonti-Wineg, and
Lynx series.
Steep slopes with elevations up to
7,800 feet.
Stony soils primarily of the Brolliar
very stony clay loam, Soldier
cobbly loam, Lonti-Wineg, and
Lynx series.
Steep slopes with elevations up to
7,800 feet.
North ..............................................
East ................................................
South ..............................................
West ...............................................
TTB Determination
TTB concludes that the petition to
establish the approximately 200-square
mile Verde Valley AVA merits
consideration and public comment, as
invited in this proposed rule.
Boundary Description
See the narrative description of the
boundary of the petitioned-for AVA in
the proposed regulatory text published
at the end of this proposed rule.
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Maps
The petitioner provided the required
maps, and they are listed below in the
proposed regulatory text. You may also
view the proposed Verde Valley AVA
boundary on the AVA Map Explorer on
the TTB website, at https://www.ttb.gov/
wine/ava-map-explorer.
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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,
at least 85 percent of the wine must be
derived from grapes grown within the
area represented by that name, and the
wine must meet the other conditions
listed in § 4.25(e)(3) of the TTB
regulations (27 CFR 4.25(e)(3)). If the
wine is not eligible for labeling with an
AVA name 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
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Sfmt 4702
a brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
§ 4.39(i)(2) of the TTB regulations (27
CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA,
its name, ‘‘Verde Valley,’’ will be
recognized as a name of viticultural
significance under § 4.39(i)(3) of the
TTB regulations (27 CFR 4.39(i)(3)). The
text of the proposed regulation clarifies
this point. Consequently, if this
proposed rule is adopted as a final rule,
wine bottlers using the name ‘‘Verde
Valley’’ in a brand name, including a
trademark, or in another label reference
as to the origin of the wine, would have
to ensure that the product is eligible to
use the AVA name as an appellation of
origin.
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Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should establish the proposed AVA.
TTB is also interested in receiving
comments on the sufficiency and
accuracy of the name, boundary, soils,
climate, and other required information
submitted in support of the petition.
Please provide any available specific
information in support of your
comments.
Because of the potential impact of the
establishment of the proposed Verde
Valley AVA on wine labels that include
the term ‘‘Verde Valley,’’ 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 AVA.
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Submitting Comments
You may submit comments on this
proposed rule by using one of the
following three methods (please note
that TTB has a new address for
comments submitted by U.S. Mail):
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this
proposed rule within Docket No. TTB–
2020–0002 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 187 on the TTB website at https://
www.ttb.gov/wine/winerulemaking.shtml. Supplemental files
may be attached to comments submitted
via Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab.
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005.
• Hand Delivery/Courier: You may
hand-carry your comments or have them
hand-carried to the Alcohol and
Tobacco Tax and Trade Bureau, 1310 G
Street NW, Suite 400, Washington, DC
20005.
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Please submit your comments by the
closing date shown above in this
proposed rule. Your comments must
reference Notice No. 187 and include
your name and mailing address. Your
comments also must be made in
English, be legible, and be written in
language acceptable for public
disclosure. TTB does not acknowledge
receipt of comments, and TTB considers
all comments as originals.
In your comment, please clearly
indicate if you are commenting on your
own behalf or on behalf of an
association, business, or other entity. If
you are commenting on behalf of an
entity, your comment must include the
entity’s name, as well as your name and
position title. If you comment via
Regulations.gov, please enter the
entity’s name in the ‘‘Organization’’
blank of the online comment form. If
you comment via postal mail or hand
delivery/courier, please submit your
entity’s comment on letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this proposed rule, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2020–
0002 on the Federal e-rulemaking
portal, Regulations.gov, at https://
www.regulations.gov. A direct link to
that docket is available on the TTB
website at https://www.ttb.gov/wine/
wine-rulemaking.shtml under Notice
No. 187. You may also reach the
relevant docket through the
Regulations.gov search page at https://
www.regulations.gov. For information
on how to use Regulations.gov, click on
the site’s ‘‘Help’’ tab.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
or material that the Bureau considers
unsuitable for posting.
You may also view copies of this
proposed rule, all related petitions,
maps and other supporting materials,
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11899
and any electronic or mailed comments
that TTB receives about this proposal by
appointment at the TTB Information
Resource Center, 1310 G Street NW,
Suite 400, Washington, DC 20005. You
may also obtain copies at 20 cents per
8.5- x 11-inch page. Please note that
TTB is unable to provide copies of
USGS maps or any similarly-sized
documents that may be included as part
of the AVA petition. Contact TTB’s
Regulations and Rulings Division at the
above address, by email using the web
form at https://www.ttb.gov/contact-rrd,
or by telephone at 202–453–1039, ext.
175, 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 an AVA name
would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
It has been determined that this
proposed rule is not a significant
regulatory action as defined by
Executive Order 12866 of September 30,
1993. Therefore, no regulatory
assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this
proposed rule.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, Code of Federal
Regulations, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Subpart C is amended by adding
§ 9.llto read as follows:
■
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§ 9.ll
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
Verde Valley.
(a) Name. The name of the viticultural
area described in this section is ‘‘Verde
Valley’’. For purposes of part 4 of this
chapter, ‘‘Verde Valley’’ is a term of
viticultural significance.
(b) Approved maps. The 9 United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Verde
Valley viticultural area are titled:
(1) Camp Verde, Ariz., 1969;
(2) Clarkdale, Ariz., 1973;
(3) Cornville, Ariz., 1968;
(4) Cottonwood, Ariz., 1973;
(5) Lake Montezuma, Ariz., 1969;
(6) Middle Verde, Ariz., 1969;
(7) Munds Draw, Ariz., 1973;
(8) Page Springs, Ariz., 1969; and
(9) Sedona, Ariz., 1969.
(c) Boundary. The Verde Valley
viticultural area is located in Yavapai
County, Arizona. The boundary of the
Verde Valley viticultural area is as
described below:
(1) The beginning point of the
boundary is at the intersection of the
3,800-foot elevation contour and the
northern boundary of Section 32, T17N/
R3E, on the Clarkdale Quadrangle. From
the beginning point, proceed east along
the northern boundary of Section 32
until its intersection with the Verde
River; then
(2) Proceed north along the Verde
River to its intersection with the
western boundary of Section 21, T17N/
R3E; then
(3) Proceed north along the western
boundaries of Sections 21 and 16 to the
intersection with the 3,800-foot
elevation contour; then
(4) Proceed southerly then easterly
along the 3,800-foot elevation contour,
crossing onto the Page Springs
Quadrangle, to its intersection with Bill
Gray Road in Section 18, T16N/R4E;
then
(5) Proceed north along Bill Gray
Road to its intersection with an
unnamed, unimproved road known
locally as Forest 761B Road in Section
32, T17N/R4E; then
(6) Proceed east, then northeast, along
Forest 761B Road to its intersection
with Red Canyon Road in Section 26,
T17N/R4E; then
(7) Proceed south along Red Canyon
Road to its intersection with U.S.
Highway 89 Alt. in Section 35, T17N/
R4E; then
(8) Proceed east over U.S. Highway 89
Alt. in a straight line to and unnamed,
unimproved road known locally as
Angel Valley Road, and proceed
southeasterly along Angel Valley Road
as it becomes a light-duty road, crossing
over Oak Creek, and continuing along
the southernmost segment of Angel
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Jkt 250001
Valley Road to its terminus at a
structure on Deer Pass Ranch in Section
12, T16N/R4E; then
(9) Proceed south in a straight line to
the 3,800-foot elevation contour in
Section 12, T16/NR4E; then
(10) Proceed south-southeasterly
along the 3,800-foot elevation contour,
crossing over the southwestern corner of
the Sedona Quadrangle and onto the
Lake Montezuma Quadrangle, to the
intersection of the contour line with an
unnamed creek in Section 6, T15N/R5E;
then
(11) Proceed southwesterly along the
unnamed creek until its intersection
with the 3,600-foot elevation contour in
Section 1, T15N/R4E; then
(12) Proceed southerly along the
3,600-foor elevation contour, crossing
briefly onto the Cornville Quadrangle
and then back onto the Lake Montezuma
Quadrangle, to the intersection of the
elevation contour with an unnamed
secondary highway known locally as
Cornville Road in Section 7, T15N/R5E;
then
(13) Proceed southeast along Cornville
Road to its intersection with the 3,600foot elevation contour in Section 20,
T15N/R5 E; then
(14) Proceed easterly, then southerly,
along the elevation contour to its
intersection with the boundary of the
Montezuma Castle National Monument
in Section 36, T15N/R5E; then
(15) Proceed west, southeast,
southwest, and then east along the
boundary of the Montezuma Castle
National Monument to its intersection
with range line separating R5E and R6E;
then
(16) Proceed south along the R5E/R6E
range line, crossing onto the Camp
Verde Quadrangle, to the intersection of
the range line and the southeastern
corner of Section 12, T14N/R5E; then
(17) Proceed west along the southern
boundaries of Sections 12, 11, 10, and
9 to the intersection of the southern
boundary of Section 9 and the
Montezuma Castle National Monument;
then
(18) Proceed along the boundary of
the Montezuma Castle National
Monument in a counterclockwise
direction to the intersection of the
monument boundary and the 3,300-foot
elevation contour in Section 16, T14N/
R5E; then
(19) Proceed southerly, then
southeasterly, along the 3,300-foot
elevation contour to its intersection
with the eastern boundary of Section 18,
T13N/R6E; then
(20) Proceed south along the eastern
boundary of Section 18 to its
intersection with the southern boundary
of Section 18; then
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Sfmt 4702
(21) Proceed west along the southern
boundaries of Sections 19, 13, 14, 15,
16, 17, and 18, T13N/R53, and Section
13, T13N/R4E, to the intersection with
the 3,800-foot elevation contour in
Section 13, T13N/R4E; then
(22) Proceed northwesterly along the
3,800-foot elevation contour, crossing
over the Middle Verde and Cornville
Quadrangles and onto the Cottonwood
Quadrangle, to the intersection of the
elevation contour with an unnamed
creek in Del Monte Gulch in Section 5,
T15N/R3E; then
(23) Proceed westerly along the
unnamed creek to its intersection with
the 5,000-foot elevation contour in
Section 26, T16N/R2E; then
(24) Proceed northerly along the
5,000-foot elevation contour, crossing
over the Clarkdale Quadrangle and onto
the Munds Draw Quadrangle, to the
intersection of the elevation contour
with a pipeline in Section 4, T16N/R2E;
then
(25) Proceed southeasterly along the
pipeline, crossing onto the Clarkdale
Quadrangle, and continuing
northeasterly along the pipeline to its
intersection with the 3,800-foot
elevation contour in Section 32, T17N/
R3E; then
(26) Proceed northerly along the
3,800-foot contour, returning to the
beginning point.
Signed: November 26, 2019.
Mary G. Ryan,
Acting Administrator.
Approved: February 4, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2020–04012 Filed 2–27–20; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0078]
RIN 1625–AA08
Special Local Regulation; Sail Grand
Prix 2020 Race Event; San Francisco,
CA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary special local
regulation in the navigable waters of
San Francisco Bay in San Francisco, CA
in support of the San Francisco Sail
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11894-11900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04012]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2020-0002; Notice No. 187]
RIN 1513-AC54
Proposed Establishment of the Verde Valley Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the approximately 200 square-mile ``Verde Valley''
viticultural area in Yavapai County, Arizona. The proposed viticultural
area is not located within, nor does it contain, any other established
viticultural area. TTB designates viticultural areas to allow vintners
to better describe the origin of their wines and to allow consumers to
better identify wines they may purchase. TTB invites comments on this
proposed addition to its regulations.
DATES: Comments must be received by April 28, 2020.
ADDRESSES: You may electronically submit comments to TTB on this
proposal, and view copies of this
[[Page 11895]]
document, its supporting materials, and any comments TTB receives on it
within Docket No. TTB-2020-0002 as posted on Regulations.gov (https://www.regulations.gov), the Federal e-rulemaking portal. Please see the
``Public Participation'' section of this document below for full
details on how to comment on this proposal via Regulations.gov, U.S.
mail, or hand delivery, and for full details on how to view or obtain
copies of this document, its supporting materials, and any comments
related to this proposal.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated the functions
and duties in the administration and enforcement of these provisions to
the TTB Administrator through Treasury Order 120-01, dated December 10,
2013 (superseding Treasury Order 120-01, dated January 24, 2003).
Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to
establish definitive viticultural areas and regulate the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets
forth standards for the preparation and submission of petitions for the
establishment or modification of American viticultural areas (AVAs) and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and a name and a delineated boundary, as
established in part 9 of the regulations. These designations allow
vintners and consumers to attribute a given quality, reputation, or
other characteristic of a wine made from grapes grown in an area to the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA is neither an approval nor an endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (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 affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed 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.
Verde Valley Petition
TTB received a petition from the Verde Valley Wine Consortium, on
behalf of the local grape growers and winemakers, proposing to
establish the approximately 200 square-mile ``Verde Valley'' AVA in
Yavapai County, Arizona. The petition notes that the entire geological
feature known as ``Verde Valley'' encompasses approximately 714 square
miles, most of which is National Forest land. The proposed AVA,
however, encompasses a much smaller area and excludes much of the
public lands that are unavailable for viticulture. Although an effort
was made to exclude as many public lands from the proposed AVA as
possible, including Montezuma's Castle and Montezuma's Well National
Monuments and the Prescott and Coconino National Forests, approximately
33 percent of the land within the proposed Verde Valley AVA is still
part of either the Prescott or Coconino National Forests. The petition
states that it was not practical to draw a boundary that would exclude
all Federal land because several of the vineyards within the proposed
AVA are ``islands'' of private land surrounded on all sides by Federal
land. The petition states that even with the amount of Federal land
remaining within the proposed AVA, there is still plenty of privately
owned land available for vineyards within the proposed boundaries.
The proposed AVA currently has 24 commercial vineyards, covering a
total of approximately 125 acres. According to the petition, several
existing vineyards are planning to expand by a total of an estimated 40
acres in the near future. In addition, there are 11 wineries located
within the proposed AVA.
According to the petition, the distinguishing features of the
proposed Verde Valley AVA are its climate, soils, and topography. The
petition also included information about the geology of the proposed
AVA. However, because the petition did not compare the geology of the
proposed AVA to that of the surrounding regions and did not describe
the effect geology has on viticulture, TTB does not consider geology to
be a distinguishing feature of the proposed AVA. Unless otherwise
noted, all information and data pertaining to the proposed AVA
contained in this proposed rule come from the petition for the proposed
Verde Valley AVA and its supporting exhibits.
Name Evidence
The proposed Verde Valley AVA is located within the larger valley
of the Verde River in central Arizona. According to the petition, the
region of the proposed AVA has been referred to as ``Verde Valley''
since 1583, when the Spanish explorer Antonio de Espejo recorded his
travels in the area. With the passing of the Homestead Act in 1862,
which granted land in the area to settlers who were willing make
productive use of the land, pioneers began moving to the region and
settled the town of Camp Verde. Later, Fort Verde was built to provide
military protection for the residents.
The petition included several examples of written works that refer
to the ``Verde Valley.'' An early geological study of the region,
published in 1890,
[[Page 11896]]
was entitled, ``Thenardite, mirabilite, glauberite, halite, and
associates, of the Verde Valley, Arizona Territory.'' \1\ A 1963
publication by the U.S. Department of Interior was titled, ``Geology
and Ground Water in the Verde Valley-The Mongollon Rim Region,
Arizona.'' \2\ In 2012, the Lonely Planet travel site included the
Verde Valley region in its Top 10 list of U.S. travel destinations for
2013. The article notes, ``Between Phoenix and the Grand Canyon, the
Verde Valley is taking off as Arizona's go-to destination, and not just
among the spa and crystal Sedona fans of years past.'' \3\ Finally, an
article about the wine industry in Arizona, published in a 2013 edition
of the In Business magazine, states that the majority of Arizona's wine
grapes are grown in ``the greater Willcox area and the Verde Valley.''
\4\
---------------------------------------------------------------------------
\1\ Blake, W.P. Thenardite, mirabilite, glauberite, halite, and
associates, of the Verde Valley, Arizona Territory. (1890) American
Journal of Science, vol. 39, number 229, pp. 43-45.
\2\ Twenter, Floyd R., and Metzger, D.G. Geology and Ground
Water in the Verde Valley-The Mongollon Rim Region, Arizona.
Washington: Government Printing Office. 1963.
\3\ Reid, Robert. Top 10 travel destinations for 2013. Lonely
Planet. December 2012. https://www.lonelyplanet.com/travel-tips-and-articles/77583.
\4\ Stanton, Alison. Arizona's Growing Wine Industry. In
Business. October 2013, pp. 20-21. https://inbusinessphx.com/in-business/arizonas-growing-wine-industry.
---------------------------------------------------------------------------
The petition also included several photographs of local businesses
and organizations that use the term ``Verde Valley'' in their names.
For example, the Verde Valley Fire District, Verde Valley Medical
Center, and Verde Valley Montessori School all serve the region of the
proposed AVA. The local newspaper, the Verde Independent, is published
by Verde Valley Newspapers, Inc. A local hotel is named the Verde
Valley Inn, and a ballet studio is named Verde Valley Ballet. Finally,
the petition included a page from the local telephone directory which
lists several other businesses that use ``Verde Valley'' in their
names, such as Verde Valley Plumbing, Verde Valley RV Resort and
Campground, and Verde Valley Self Storage.
Boundary Evidence
The proposed Verde Valley AVA is located in Yavapai County,
Arizona, approximately 100 miles north of the Phoenix metropolitan
area. The Verde River flows through the center of the valley from
northwest to southeast, and steep foothills rise up around the valley.
The northern boundary separates the proposed AVA from the Coconino
National Forest. The northern boundary primarily follows the 3,800-foot
elevation contour because, according to the petition, the terrain
becomes too steep for cultivation above that elevation. The proposed
eastern boundary follows a series of elevation contours to separate the
proposed AVA from extremely steep terrain, as well as from the public
lands within the Coconino National Forest and Montezuma's Well and
Montezuma's Castle National Monuments. The proposed southern boundary
follows section lines on the U.S.G.S. topographic maps because,
according to the petition, there were no other consistent features on
the map to follow. The petition states that most of the land south of
the proposed boundary is uninhabited and is part of the Coconino
National Forest. The proposed western boundary primarily follows the
3,800-foot elevation contour, to exclude the steeper terrain of the
Black Hills range and the public lands within the Prescott National
Forest.
Distinguishing Features
The distinguishing features of the proposed Verde Valley AVA are
its climate, soils, and topography.
Climate
The petition included information on the annual precipitation
amounts, temperatures in degrees Fahrenheit (F), and growing degree day
\5\ (GDD) accumulations within the proposed Verde Valley AVA.
---------------------------------------------------------------------------
\5\ See Albert J. Winkler, General Viticulture (Berkeley:
University of California Press, 1974), pages 61-64. In the Winkler
climate classification system, annual heat accumulation during the
growing season, measured in annual GDDs, defines climatic regions.
One GDD accumulates for each degree Fahrenheit that a day's mean
temperature is above 50 degrees F, the minimum temperature required
for grapevine growth.
Table 1--Average Annual Precipitation Amounts
[2012-2017]
------------------------------------------------------------------------
Average annual
precipitation
Location (direction from proposed AVA) amounts
(inches)
------------------------------------------------------------------------
Proposed AVA.......................................... 13.83
Fry Lake (North)...................................... 29.40
Bar M Canyon (East)................................... 26.86
Baker Butte (South)................................... 27.88
Prescott (West)....................................... 18.10
------------------------------------------------------------------------
Average annual rainfall amounts within the proposed Verde Valley
AVA are significantly lower than in the surrounding regions. Due to the
low rainfall amounts, vineyard owners within the proposed AVA must use
irrigation to ensure adequate hydration for their vines. The petition
states that there are sufficient sources of groundwater within the
proposed AVA for irrigation, and vineyard owners also employ water
conservation methods such as drip irrigation and the use of
agriculturally approved reclaimed water.
Table 2--Temperatures
[2012-2017]
----------------------------------------------------------------------------------------------------------------
Annual mean Maximum Minimum Annual growing
Location (direction from proposed temperature temperature temperature degree days
AVA) (degrees F) (degrees F) (degrees F) accumulations
----------------------------------------------------------------------------------------------------------------
Proposed AVA........................ 64.1 117.0 12.0 5,580
Fry Lake (North).................... 49.0 94.0 -11.0 1,797
Bar M Canyon (East)................. 50.4 98.0 -10.0 1,727
Baker Butte (South)................. 53.3 94.0 6.0 2,668
Prescott (West)..................... 57.7 104.0 2.0 3,544
----------------------------------------------------------------------------------------------------------------
Temperatures within the proposed Verde Valley AVA are warmer than
in each of the surrounding regions and provide suitable heat and
sunlight for photosynthesis. The warm daytime temperatures lead to high
annual GDD accumulations. According to the petition, the temperatures
and GDD accumulations within the proposed AVA are best suited for
growing warm-climate grapes such as Syrah, Cabernet
[[Page 11897]]
Sauvignon, Petite Sirah, Zinfandel, Malvasia Bianca, and Viognier.
Finally, the petition included a discussion of the difference
between the daytime high temperatures and nighttime low temperatures
within the proposed AVA and the surrounding regions. The petition
referred to these temperature differences as ``diurnal temperature
swings.'' Although temperatures in the proposed AVA are high during the
daytime, cool nighttime air drains into the proposed AVA from the
surrounding higher elevations and lowers the nighttime temperatures. As
a result, the difference between daytime high temperatures and
nighttime low temperatures within the proposed AVA can exceed 30
degrees F, which is a greater difference than found in any of the
surrounding regions. According to the petition, such a significant drop
in nighttime temperatures delays grape ripening, lessens the
respiration of acids, and increases phenolic development in the grapes.
The following tables show the mean diurnal temperature swings for each
month during the growing season for the years 2014 to 2016.
Table 3--Diurnal Temperature Swings for 2014
[Degrees F]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Month
Location (direction from proposed AVA) -----------------------------------------------------------------------------------------------
April May June July August September
--------------------------------------------------------------------------------------------------------------------------------------------------------
Within proposed AVA..................................... 37.7 38.8 41.3 32.1 29.5 31.0
Fry Lake (North)........................................ 28.3 30.0 35.4 27.7 23.7 24.1
Bar M Canyon (East)..................................... 31.7 32.9 38.7 30.0 26.8 27.3
Baker Butte (South)..................................... 19.7 20.9 23.2 21.9 18.7 16.2
Prescott (West)......................................... 30.3 30.5 33.3 25.8 25.0 26.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--Diurnal Temperature Swings for 2015
[Degrees F]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Month
Location (direction from proposed AVA) -----------------------------------------------------------------------------------------------
April May June July August September
--------------------------------------------------------------------------------------------------------------------------------------------------------
Within proposed AVA..................................... 37.3 33.0 38.0 32.2 34.4 33.9
Fry Lake (North)........................................ 26.6 22.7 30.4 25.1 26.5 26.3
Bar M Canyon (East)..................................... 33.0 30.6 35.7 28.0 29.4 30.4
Baker Butte (South)..................................... 19.9 18.7 20.8 19.6 20.5 18.4
Prescott (West)......................................... 30.2 26.1 31.2 24.6 26.1 28.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5--Diurnal Temperature Swings for 2016
[Degrees F]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Month
Location (direction from proposed AVA) -----------------------------------------------------------------------------------------------
April May June July August September
--------------------------------------------------------------------------------------------------------------------------------------------------------
Within proposed AVA..................................... 35.4 36.0 39.5 36.8 29.8 32.2
Fry Lake (North)........................................ 24.9 26.6 32.7 29.2 24.4 25.0
Bar M Canyon (East)..................................... 28.7 30.6 37.0 32.3 27.2 28.9
Baker Butte (South)..................................... 18.5 19.5 23.1 22.1 18.0 16.7
Prescott (West)......................................... 27.6 28.1 31.1 28.1 24.4 26.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Soils
The soils within the proposed Verde Valley AVA are primarily
alluvial soils. According to the petition, the majority of the soils
within the proposed AVA are of the Altar, Mule, Cornville, Anthony,
Retriever, House Mountain, Cowan, and Arizo soil series. The
composition of these soils ranges from very fine sandy loam to gravelly
loam with silt and limestone. Traces of the Supai, Verde, and Martin
Limestone formations can also be found throughout the proposed AVA.
The petition states that the soils of the proposed AVA generally
provide appropriate water drainage and have above-moderate levels of
nutrients, although low calcium and magnesium levels are common.
Additionally, the high bicarbonate levels in the groundwater of the
proposed AVA have been found to increase soil pH and inhibit nutrient
uptake in the vines. The petition states that these unfavorable
vineyard conditions can be mitigated through rootstock, varietal, and
clonal selections that can tolerate and even benefit from these
nutrient deficiencies.
To the north and east of the proposed Verde Valley AVA, along the
Mongollon Rim, the soils are described in the petition as ``stony.''
The most prominent soil series in these two regions are Brolliar stony
loam and Siesta stony silt loam. According to the petition, the
remainder of the soil to the north and east of the proposed AVA is
comprised of approximately 22 other defined soil series, most of which
have the terms ``stony'' or ``very stony'' in their names. To the west
and southwest of the proposed AVA, in the Black Hills, the soils are
also typically stony. Major soil series in these regions include
Brolliar very stony clay loam, Soldier cobbly loam, Lonti-Wineg, and
Lynx.
Topography
The proposed Verde Valley AVA is located within the basin of the
Verde River. The petition describes the shape of this basin as a ``bowl
with a crack in it to the south where the river flows out of the
valley.'' The edges of the ``bowl'' gently slope down towards the
valley
[[Page 11898]]
floor at angles of 2 to 15 percent. Elevations within the proposed AVA
range from approximately 3,000 feet to 5,000 feet, although most of the
proposed AVA is below 3,900 feet.
The proposed AVA is surrounded on all sides by higher elevations
and steeper slopes. To the north and northeast of the proposed AVA,
elevations rise up to 8,000 feet along the edge of the Mongollon Rim.
To the west and southwest of the proposed AVA are the Black Mountains,
which have steep slopes and elevations up to approximately 7,800 feet.
According to the petition, the proposed Verde Valley AVA's
topography affects viticulture. Gentle slopes allow for easier vineyard
management than steep slopes. Furthermore, because the proposed AVA is
lower than the surrounding regions, cold air drains from the higher
elevations into the proposed AVA during the spring and fall. As a
result, the risk of frost damage increases in the proposed AVA,
particularly in vineyards adjacent to the river. The petition states
that vineyard owners attempt to mitigate the risk of frost by using
inversion fans and protective sprays and by planting late-budding
varietals of grapes.
Summary of Distinguishing Features
The evidence provided in the petition indicates that the climate,
soil, and topography of the proposed Verde Valley AVA distinguish it
from the surrounding regions in each direction. The following table
summarizes the features of the proposed AVA and the surrounding
regions.
Summary of Distinguishing Features
----------------------------------------------------------------------------------------------------------------
Region Climate Soils Topography
----------------------------------------------------------------------------------------------------------------
Proposed Verde Valley AVA............ Average of 13.83 inches Alluvial soils composed Gentle slopes with
of rain annually; of loams ranging from angles of 2 to 15
average GDD very fine sandy loams percent; elevations
accumulations of to gravelly loams with between 3,000 and
5,580; hot summers and silt and limestone. 5,000 feet.
moderate winters;
growing season diurnal
temperature swings of
30 degrees or higher.
North................................ Higher annual rainfall Stony soils primarily Steep slopes with
amounts; lower GDD of the Brollar stony elevations up to 8,000
accumulations; cooler loam and Siesta stony feet.
summers and colder silt series.
winters; smaller
diurnal temperature
difference swings.
East................................. Higher annual rainfall Stony soils primarily Steep slopes with
amounts; lower GDD of the Brolliar stony elevations up to 8,000
accumulations; cooler loam and Siesta stony feet.
summers and colder silt series.
winters; smaller
diurnal temperature
difference swings.
South................................ Higher annual rainfall Stony soils primarily Steep slopes with
amounts; lower GDD of the Brolliar very elevations up to 7,800
accumulations; cooler stony clay loam, feet.
summers and moderate Soldier cobbly loam,
winters; smaller Lonti-Wineg, and Lynx
diurnal temperature series.
difference swings.
West................................. Higher annual rainfall Stony soils primarily Steep slopes with
amounts; lower GDD of the Brolliar very elevations up to 7,800
accumulations; cooler stony clay loam, feet.
summers and moderate Soldier cobbly loam,
winters; smaller Lonti-Wineg, and Lynx
diurnal temperature series.
difference swings.
----------------------------------------------------------------------------------------------------------------
TTB Determination
TTB concludes that the petition to establish the approximately 200-
square mile Verde Valley AVA merits consideration and public comment,
as invited in this proposed rule.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA in the proposed regulatory text published at the end of this
proposed rule.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text. You may also view the proposed
Verde Valley AVA boundary on the AVA Map Explorer on the TTB website,
at https://www.ttb.gov/wine/ava-map-explorer.
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, at least 85
percent of the wine must be derived from grapes grown within the area
represented by that name, and the wine must meet the other conditions
listed in Sec. 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling with an AVA name 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 Sec. 4.39(i)(2) of the TTB regulations (27 CFR
4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Verde Valley,''
will be recognized as a name of viticultural significance under Sec.
4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The text of the
proposed regulation clarifies this point. Consequently, if this
proposed rule is adopted as a final rule, wine bottlers using the name
``Verde Valley'' in a brand name, including a trademark, or in another
label reference as to the origin of the wine, would have to ensure that
the product is eligible to use the AVA name as an appellation of
origin.
[[Page 11899]]
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed AVA. TTB is also interested in
receiving comments on the sufficiency and accuracy of the name,
boundary, soils, climate, and other required information submitted in
support of the petition. Please provide any available specific
information in support of your comments.
Because of the potential impact of the establishment of the
proposed Verde Valley AVA on wine labels that include the term ``Verde
Valley,'' 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 AVA.
Submitting Comments
You may submit comments on this proposed rule by using one of the
following three methods (please note that TTB has a new address for
comments submitted by U.S. Mail):
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this proposed rule within Docket No.
TTB-2020-0002 on ``Regulations.gov,'' the Federal e-rulemaking portal,
at https://www.regulations.gov. A direct link to that docket is
available under Notice No. 187 on the TTB website at https://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be
attached to comments submitted via Regulations.gov. For complete
instructions on how to use Regulations.gov, visit the site and click on
the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW, Suite 400, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
proposed rule. Your comments must reference Notice No. 187 and include
your name and mailing address. Your comments also must be made in
English, be legible, and be written in language acceptable for public
disclosure. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly indicate if you are commenting on
your own behalf or on behalf of an association, business, or other
entity. If you are commenting on behalf of an entity, your comment must
include the entity's name, as well as your name and position title. If
you comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this proposed rule,
selected supporting materials, and any online or mailed comments
received about this proposal within Docket No. TTB-2020-0002 on the
Federal e-rulemaking portal, Regulations.gov, at https://www.regulations.gov. A direct link to that docket is available on the
TTB website at https://www.ttb.gov/wine/wine-rulemaking.shtml under
Notice No. 187. You may also reach the relevant docket through the
Regulations.gov search page at https://www.regulations.gov. For
information on how to use Regulations.gov, click on the site's ``Help''
tab.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this proposed rule, all related
petitions, maps and other supporting materials, and any electronic or
mailed comments that TTB receives about this proposal by appointment at
the TTB Information Resource Center, 1310 G Street NW, Suite 400,
Washington, DC 20005. You may also obtain copies at 20 cents per 8.5- x
11-inch page. Please note that TTB is unable to provide copies of USGS
maps or any similarly-sized documents that may be included as part of
the AVA petition. Contact TTB's Regulations and Rulings Division at the
above address, by email using the web form at https://www.ttb.gov/contact-rrd, or by telephone at 202-453-1039, ext. 175, 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 an AVA name would be the result of a proprietor's
efforts and consumer acceptance of wines from that area. Therefore, no
regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this proposed rule.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.__to read as follows:
[[Page 11900]]
Sec. 9.__ Verde Valley.
(a) Name. The name of the viticultural area described in this
section is ``Verde Valley''. For purposes of part 4 of this chapter,
``Verde Valley'' is a term of viticultural significance.
(b) Approved maps. The 9 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Verde Valley viticultural area are titled:
(1) Camp Verde, Ariz., 1969;
(2) Clarkdale, Ariz., 1973;
(3) Cornville, Ariz., 1968;
(4) Cottonwood, Ariz., 1973;
(5) Lake Montezuma, Ariz., 1969;
(6) Middle Verde, Ariz., 1969;
(7) Munds Draw, Ariz., 1973;
(8) Page Springs, Ariz., 1969; and
(9) Sedona, Ariz., 1969.
(c) Boundary. The Verde Valley viticultural area is located in
Yavapai County, Arizona. The boundary of the Verde Valley viticultural
area is as described below:
(1) The beginning point of the boundary is at the intersection of
the 3,800-foot elevation contour and the northern boundary of Section
32, T17N/R3E, on the Clarkdale Quadrangle. From the beginning point,
proceed east along the northern boundary of Section 32 until its
intersection with the Verde River; then
(2) Proceed north along the Verde River to its intersection with
the western boundary of Section 21, T17N/R3E; then
(3) Proceed north along the western boundaries of Sections 21 and
16 to the intersection with the 3,800-foot elevation contour; then
(4) Proceed southerly then easterly along the 3,800-foot elevation
contour, crossing onto the Page Springs Quadrangle, to its intersection
with Bill Gray Road in Section 18, T16N/R4E; then
(5) Proceed north along Bill Gray Road to its intersection with an
unnamed, unimproved road known locally as Forest 761B Road in Section
32, T17N/R4E; then
(6) Proceed east, then northeast, along Forest 761B Road to its
intersection with Red Canyon Road in Section 26, T17N/R4E; then
(7) Proceed south along Red Canyon Road to its intersection with
U.S. Highway 89 Alt. in Section 35, T17N/R4E; then
(8) Proceed east over U.S. Highway 89 Alt. in a straight line to
and unnamed, unimproved road known locally as Angel Valley Road, and
proceed southeasterly along Angel Valley Road as it becomes a light-
duty road, crossing over Oak Creek, and continuing along the
southernmost segment of Angel Valley Road to its terminus at a
structure on Deer Pass Ranch in Section 12, T16N/R4E; then
(9) Proceed south in a straight line to the 3,800-foot elevation
contour in Section 12, T16/NR4E; then
(10) Proceed south-southeasterly along the 3,800-foot elevation
contour, crossing over the southwestern corner of the Sedona Quadrangle
and onto the Lake Montezuma Quadrangle, to the intersection of the
contour line with an unnamed creek in Section 6, T15N/R5E; then
(11) Proceed southwesterly along the unnamed creek until its
intersection with the 3,600-foot elevation contour in Section 1, T15N/
R4E; then
(12) Proceed southerly along the 3,600-foor elevation contour,
crossing briefly onto the Cornville Quadrangle and then back onto the
Lake Montezuma Quadrangle, to the intersection of the elevation contour
with an unnamed secondary highway known locally as Cornville Road in
Section 7, T15N/R5E; then
(13) Proceed southeast along Cornville Road to its intersection
with the 3,600-foot elevation contour in Section 20, T15N/R5 E; then
(14) Proceed easterly, then southerly, along the elevation contour
to its intersection with the boundary of the Montezuma Castle National
Monument in Section 36, T15N/R5E; then
(15) Proceed west, southeast, southwest, and then east along the
boundary of the Montezuma Castle National Monument to its intersection
with range line separating R5E and R6E; then
(16) Proceed south along the R5E/R6E range line, crossing onto the
Camp Verde Quadrangle, to the intersection of the range line and the
southeastern corner of Section 12, T14N/R5E; then
(17) Proceed west along the southern boundaries of Sections 12, 11,
10, and 9 to the intersection of the southern boundary of Section 9 and
the Montezuma Castle National Monument; then
(18) Proceed along the boundary of the Montezuma Castle National
Monument in a counterclockwise direction to the intersection of the
monument boundary and the 3,300-foot elevation contour in Section 16,
T14N/R5E; then
(19) Proceed southerly, then southeasterly, along the 3,300-foot
elevation contour to its intersection with the eastern boundary of
Section 18, T13N/R6E; then
(20) Proceed south along the eastern boundary of Section 18 to its
intersection with the southern boundary of Section 18; then
(21) Proceed west along the southern boundaries of Sections 19, 13,
14, 15, 16, 17, and 18, T13N/R53, and Section 13, T13N/R4E, to the
intersection with the 3,800-foot elevation contour in Section 13, T13N/
R4E; then
(22) Proceed northwesterly along the 3,800-foot elevation contour,
crossing over the Middle Verde and Cornville Quadrangles and onto the
Cottonwood Quadrangle, to the intersection of the elevation contour
with an unnamed creek in Del Monte Gulch in Section 5, T15N/R3E; then
(23) Proceed westerly along the unnamed creek to its intersection
with the 5,000-foot elevation contour in Section 26, T16N/R2E; then
(24) Proceed northerly along the 5,000-foot elevation contour,
crossing over the Clarkdale Quadrangle and onto the Munds Draw
Quadrangle, to the intersection of the elevation contour with a
pipeline in Section 4, T16N/R2E; then
(25) Proceed southeasterly along the pipeline, crossing onto the
Clarkdale Quadrangle, and continuing northeasterly along the pipeline
to its intersection with the 3,800-foot elevation contour in Section
32, T17N/R3E; then
(26) Proceed northerly along the 3,800-foot contour, returning to
the beginning point.
Signed: November 26, 2019.
Mary G. Ryan,
Acting Administrator.
Approved: February 4, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2020-04012 Filed 2-27-20; 8:45 am]
BILLING CODE 4810-31-P
