Proposed Establishment of the Palos Verdes Peninsula Viticultural Area, 31416-31421 [2020-10363]
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31416
Proposed Rules
Federal Register
Vol. 85, No. 101
Tuesday, May 26, 2020
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2020–0003; Notice No.
188]
RIN 1513–AC70
Proposed Establishment of the Palos
Verdes Peninsula 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 15,900-acre
‘‘Palos Verdes Peninsula’’ viticultural
area in the southwestern coastal region
of Los Angeles County, California. The
proposed viticultural area does not lie
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
July 27, 2020.
ADDRESSES: You may electronically
submit comments to TTB on this
proposal, and view copies of this
document, its supporting materials, and
any comments TTB receives on it within
Docket No. TTB–2020–0003 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
SUMMARY:
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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
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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 the 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;
• 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.
Palos Verdes Peninsula Petition
TTB received a petition from James
York, owner of Catalina View Wines, on
behalf of the Palos Verdes Peninsula
Winegrowers, proposing to establish the
‘‘Palos Verdes Peninsula’’ AVA. The
proposed Palos Verdes Peninsula AVA
lies within Los Angeles County,
California, and contains the cities of
Palos Verdes Estates, Rolling Hills
Estates, Rancho Palos Verdes, and
Rolling Hills, California. The proposed
AVA does not overlap with any other
existing or proposed AVA. The
proposed Palos Verdes Peninsula AVA
contains approximately 15,900 acres,
including 7 acres of producing
vineyards, distributed throughout the
proposed AVA. The primary varieties
grown in the proposed Palos Verdes
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Peninsula AVA consist of Pinot Noir,
Chardonnay, Merlot, and Cabernet
Sauvignon.
According to the petition, the
distinguishing features of the proposed
Palos Verdes Peninsula AVA include its
geology, soils, topography, and climate.
Unless otherwise noted, all information
and data pertaining to the proposed
AVA contained in this document are
from the petition for the proposed Palos
Verdes Peninsula AVA and its
supporting exhibits.
Name Evidence
The proposed Palos Verdes Peninsula
AVA takes its name from the Rancho de
Los Palos Verdes, which was awarded
as a land grant from the Governor of
Mexican California in the early 1800s.
Use of the term ‘‘Palos Verdes
Peninsula’’ to describe the region began
during the mid-century development
surge of the area.
The petitioner provided several
examples of the use of ‘‘Palos Verdes
Peninsula’’ to refer to the region of the
proposed AVA. For example, many
local agencies and organizations utilize
the ‘‘Palos Verdes Peninsula’’ reference
in their names: Palos Verdes Peninsula
United School District, Palos Verdes
Peninsula Transit Authority, Palos
Verdes Peninsula Land Conservancy,
Palos Verdes Peninsula News, and Palos
Verdes Peninsula Chamber of
Commerce. The petition also provided a
list of several books that refer to the
Palos Verdes Peninsula in their titles,
including Handbook of Wildflowers,
Weeds, Wildlife, and Weather of the
South Bay and Palos Verdes Peninsula 1
and Best Hikes on the Palos Verdes
Peninsula.2
Boundary Evidence
The proposed Palos Verdes Peninsula
AVA is bounded on the west and south
by the Pacific Ocean. The northern and
eastern boundaries of the proposed AVA
coincides with the jurisdictional
boundaries of the cities of Palos Verdes
Estates, Rolling Hills Estates, Rancho
Palos Verdes, and the neighboring cities
of Torrance, Lomita and San Pedro (Los
Angeles), respectively.
Distinguishing Features
The distinguishing features of the
proposed Palos Verdes Peninsula AVA
include its geology, soils, topography,
and climate.
1 Gales,
Donald Moore, Handbook of Wildflowers,
Weeds, Wildlife, and Weather of the South Bay and
Palos Verdes Peninsula (Third Edition), Palos
Verdes Peninsula, CA: FoldaRoll Company, 1988.
2 Dye, Barbara L. K., Best Hikes on the Palos
Verdes Peninsula, Bookmasters, Inc., 2007.
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Geology and Soils
The proposed Palos Verdes Peninsula
AVA is an island-like terrain, or an
isolated upland peninsula created by
tectonic uplift and volcanic activity.
During periods of intense geologic
activity, the region of the proposed AVA
was subjected to repeated cycles of
uplift, erosion, submersion, and
deposition. Submersion allowed
significant amounts of marine deposits
to be laid down, which contributed to
the soil composition. Uplift created new
lands, while erosion wore away the
newly-formed lands to create the series
of marine terraces that characterize the
region’s topography today. By contrast,
the geology of the surrounding areas is
a large coastal plain, consisting mainly
of surficial sediments, older surficial
sediments, and shallow marine
sediments. While the surrounding
regions experienced the same ocean
fluctuations as the proposed AVA, they
did not experience the same intensity of
tectonic uplift and volcanic activity.
The geology of the Peninsula consists
primarily of the Monterey Formation
and ancient landslides. The geology of
the Monterey Formation created soils
from the Altamont Series, including
Altamont Clay Adobe and Altamont
Clay Loam. A third soil commonly
found in the proposed AVA is the
Diablo Clay Adobe. These three soils are
rich in clays, adobe, and loamy clay and
contain high amounts of calcium. The
calcium found in Peninsula soils retains
moisture in dry weather while allowing
for good drainage. According to the
petition, the levels of calcium in the
soils produce thicker grape skins than
are found on the same grape varietals
grown in non-calcareous soils, which
increases the amount of color, flavor,
and aromatics in the resulting wine.
The lowland areas surrounding the
proposed AVA have alluvial-and
fluvial-based sedimentary soils (sand
and silt) which, according to the
petition, generally produce wines with
less color, acidity, and tannins, but with
more aromas, than clay-and adobe-rich
soils. These soils also have lower levels
of calcium, and they can retain
excessive water which can increase the
chances of root disease.
Topography
The topography of the proposed Palos
Verdes Peninsula AVA is often
described as a low altitude mountain of
the Coast Range situated between the
Los Angeles Plain and the Pacific
Ocean. It is covered by rolling hills,
incised canyons, and coastal bluffs and
terraces. Elevations range from sea level
on the west and south to about 1,460
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feet above sea level at San Pedro Hill,
which is located near the eastern/central
area of the Palos Verdes Hills. The slope
angles of the vineyards in the proposed
AVA range from gentle to high (0–50%).
Some vineyards that are planted on
steeper slopes have been terraced to
allow for drainage/erosion control,
equipment access, and solar orientation.
The aspects of the vineyard slopes face
south, southeast, and southwest,
providing year-round solar exposure.
The moderate slopes of the proposed
Palos Verdes Peninsula AVA promote:
(1) Air flow that helps to minimize
mildew, botrytis rot, and frost issues; (2)
drainage of excess water that helps to
minimize root rot and; (3) direct sun
exposure which aids in ripeness and
reduces frost risk. South-and southwestfacing slopes promote earlier bud break,
bloom, and harvest than other aspects.
Southeast-facing slopes bring morning
radiation for soil warmth and canopy
growth.
In contrast, the surrounding areas
have relatively flat topography with
elevations ranging from sea level to
about 500 feet. Slope angles range from
0–25%. Flatter topography can promote:
(1) Reduced air flow which can lead to
mildew and botrytis rot; (2) pooling of
water which can cause root rot and
excessive vegetative growth; and (3) and
reduced photosynthesis from diluted
sun exposure as it is spread out across
a wider surface area.
Climate
The climate of the proposed Palos
Verdes Peninsula AVA is
‘‘Mediterranean warm’’, which is
characterized by warm, dry summers
and mild winters with limited rainfall.
The petition also described wind and
fog patterns within the proposed AVA
and the surrounding regions. However,
the petition did not provide enough data
for TTB to determine if wind and fog are
distinguishing features of the proposed
AVA, so those climate aspects are not
discussed in this document. All climate
information provided in the petition can
be viewed in the public docket at
https://www.regulations.gov.
The vineyards within the proposed
AVA are located in the following
microclimates: 3 Climate Zone IA and IB
(Coastal Zone), Zone III (Middle
Highlands, Southeastern Upper Slope),
and Zone IV (Middle and Lower North
and East Slopes). These zones have
3 Gales, Donald More, Handbook of Wildflowers,
Weeds, Wildlife, and Weather of the South Bay and
Palos Verdes Peninsula (Third Edition), Palos
Verdes Peninsula, CA: FoldaRoll Company, 1988
(Gales divides the Palos Verdes Peninsula into
zones I, II, III, and IV. These are the primary climate
zones (microclimates) within the proposed AVA).
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2017. The temperature data shows that
average monthly temperatures for the
proposed Palos Verdes Peninsula AVA
range between four and six degrees
lower than in the surrounding areas in
the colder months, and five to eight
degrees lower than in the surrounding
areas in the summer months. While the
average temperatures of the proposed
AVA and the surrounding areas are
within a narrow range, the high and low
milder temperatures, more fog, higher
relative humidity, and slightly more
rain than the surrounding areas which
are classified as the warmer zones V and
VI.
As evidence of these milder
temperatures, the petition includes
weather data for the proposed AVA and
the surrounding areas from the National
Oceanic and Atmospheric
Administration (NOAA) from 2014 to
temperatures of the surrounding areas
are more extreme than the high and low
temperatures of the proposed AVA.
Generally, the weather data shows that
average spring and summer
temperatures of San Pedro and Long
Beach, which are farther inland than the
proposed AVA, are the warmest of the
areas surrounding the proposed AVA.
TABLE 1—AVERAGE MONTHLY HIGH AND LOW TEMPERATURES AND EXTREME MONTHLY HIGH AND LOW TEMPERATURES
FOR THE PROPOSED PALOS VERDES PENINSULA AVA FROM 2014–2017 IN DEGREES FAHRENHEIT
Month
Average high/low
January ........................................................................................................................................................
February .......................................................................................................................................................
March ...........................................................................................................................................................
April ..............................................................................................................................................................
May ..............................................................................................................................................................
June .............................................................................................................................................................
July ...............................................................................................................................................................
August ..........................................................................................................................................................
September ...................................................................................................................................................
October ........................................................................................................................................................
November ....................................................................................................................................................
December ....................................................................................................................................................
Extreme high/low
63/48
63/49
64/51
66/52
67/55
70/58
73/61
74/62
73/61
72/57
68/51
63/48
75/46
75/46
75/50
77/49
77/52
78/58
80/58
83/60
83/58
84/53
81/48
74/46
TABLE 2—AVERAGE MONTHLY HIGH AND LOW TEMPERATURES AND EXTREME MONTHLY HIGH AND LOW TEMPERATURES
FOR SURROUNDING REGIONS FROM 2014–2017 IN DEGREES FAHRENHEIT
Location (direction from proposed AVA)
Torrance Airport
(north)
Month
Average
high/low
January ............................................
February ...........................................
March ...............................................
April ..................................................
May ..................................................
June .................................................
July ...................................................
August ..............................................
September ........................................
October ............................................
November .........................................
December .........................................
Extreme
high/low
68/49
70/51
72/52
74/53
71/60
76/60
79/64
79/64
81/62
80/60
73/53
68/47
Finally, the petition included data on
average annual rainfall amounts for
locations within the proposed Palos
Verdes Peninsula AVA and the
83/34
86/37
92/43
88/47
85/45
98/51
91/55
90/57
100/55
104/54
94/41
84/34
Redondo Beach
(north)
Average
high/low
San Pedro
(east)
Extreme
high/low
66/48
69/51
70/52
70/53
69/56
73/60
77/64
77/64
78/64
78/64
73/522
68/47
82/35
88/38
91/43
81/47
84/47
90/53
86/59
84/60
100/54
102/53
93/42
85/35
surroundings from 2014 to 2017. The
data supports the petition’s claim that,
although the proposed AVA is a dry
region, the surrounding inland regions
Average
high/low
Long Beach
(east)
Extreme
high/low
67/49
67/49
69/52
72/52
73/55
79/58
81/62
82/64
82/61
78/56
74/56
67/49
75/45
75/45
77/46
80/48
80/52
83/58
84/59
86/60
86/58
85/53
82/48
75/46
Average
high/low
Extreme
high/low
68/48
70/49
70/49
74/52
75/55
79/59
84/62
84/64
84/62
79/58
73/52
68/47
78/43
78/42
80/44
83/50
83/50
87/59
88/60
91/58
91/57
89/52
85/46
77/43
are generally drier than locations within
the proposed AVA.
TABLE 3—AVERAGE MONTHLY RAINFALL AMOUNTS FOR THE PROPOSED PALOS VERDES PENINSULA AVA FROM 2014–
2017 IN INCHES
Rancho Palos
Verdes
Month
January ............................................................................................................
February ...........................................................................................................
March ...............................................................................................................
April ..................................................................................................................
May ..................................................................................................................
June .................................................................................................................
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Palos Verdes
Estates
2.79
2.56
2.04
0.91
0.16
0.04
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3.15
2.88
2.36
1.10
0.20
0.08
26MYP1
Rolling Hills/
Rolling Hills
Estates
2.96
2.72
2.21
0.99
0.20
0.08
Average of
proposed AVA
locations
2.97
2.72
2.20
1.00
0.19
0.07
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TABLE 3—AVERAGE MONTHLY RAINFALL AMOUNTS FOR THE PROPOSED PALOS VERDES PENINSULA AVA FROM 2014–
2017 IN INCHES—Continued
Rancho Palos
Verdes
Month
Palos Verdes
Estates
Rolling Hills/
Rolling Hills
Estates
Average of
proposed AVA
locations
July ...................................................................................................................
August ..............................................................................................................
September .......................................................................................................
October ............................................................................................................
November ........................................................................................................
December ........................................................................................................
0.00
0.08
0.28
0.32
1.89
2.01
0.00
0.12
0.28
0.35
2.25
2.32
0.00
0.08
0.28
0.32
1.97
2.09
0.00
0.09
0.28
0.33
2.04
2.14
Average Annual Rainfall ...........................................................................
13.08
15.09
13.90
14.03
TABLE 4—AVERAGE MONTHLY RAINFALL AMOUNTS FOR SURROUNDING REGIONS FROM 2014–2017 IN INCHES
Torrance
(north)
Month
Redondo
Beach
(north)
San Pedro
(east)
Long Beach
(east)
January ............................................................................................................
February ...........................................................................................................
March ...............................................................................................................
April ..................................................................................................................
May ..................................................................................................................
June .................................................................................................................
July ...................................................................................................................
August ..............................................................................................................
September .......................................................................................................
October ............................................................................................................
November ........................................................................................................
December ........................................................................................................
3.76
2.32
1.11
0.19
0.44
0.03
0.16
0.00
0.25
0.12
0.41
1.29
3.81
2.11
0.98
0.28
0.27
0.05
0.22
0.00
0.23
0.19
0.52
1.74
3.60
3.22
2.79
0.73
0.26
0.08
0.04
0.13
0.23
0.48
1.24
1.99
2.60
3.07
1.85
0.59
0.20
0.08
0.04
0.04
0.20
0.63
0.98
1.97
Average Annual Rainfall ...........................................................................
10.08
10.40
14.79
12.25
Summary of Distinguishing Features
In summary, the geology, soils,
topography, and climate of the proposed
Palos Verdes Peninsula AVA
distinguish it from the surrounding
regions. The following table, derived
from information in the petition,
compares the features of the proposed
AVA to the features of the surrounding
areas.
TABLE 5—SUMMARY OF CHARACTERISTICS OF THE PROPOSED AVA AND SURROUNDING REGIONS
Region
Characteristics
Proposed Palos Verdes Peninsula AVA ..................................................
Hilly topography; clay, adobe, loamy soils with high levels of calcium;
south, southeast, and southwest sun exposure; mild temperatures
with lower growing season temperatures.
Flat topography; sandy fertile soils; east-west sun exposure; hot dry climate.
Pacific Ocean.
North, Northeast, and East of proposed AVA ..........................................
South and West of proposed AVA ...........................................................
TTB Determination
Maps
TTB concludes that the petition to
establish the approximately 15,900-acre
proposed Palos Verdes Peninsula AVA
merits consideration and public
comment, as invited in this notice of
proposed rulemaking.
The petitioner provided the required
maps, and they are listed below in the
proposed regulatory text. You may also
view the proposed Palos Verdes
Peninsula AVA boundary on the AVA
Map Explorer on the TTB website, at
https://www.ttb.gov/wine/ava-mapexplorer.
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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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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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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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, ‘‘Palos Verdes Peninsula
AVA,’’ 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, wine bottlers using the
name ‘‘Palos Verdes Peninsula AVA’’ in
a brand name, including a trademark, or
in another label reference as to the
origin of the wine, would have to ensure
that the product is eligible to use the
AVA name as an appellation of origin if
this proposed rule is adopted as a final
rule. The approval of the proposed Palos
Verdes Peninsula AVA would not affect
any existing AVA.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should establish the proposed 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 Palos
Verdes Peninsula AVA on wine labels
that include the term ‘‘Palos Verdes
Peninsula’’ as discussed above under
Impact on Current Wine Labels, TTB is
particularly interested in comments
regarding whether there will be a
conflict between the proposed AVA
name and currently used brand names.
If a commenter believes that a conflict
will arise, the comment should describe
the nature of that conflict, including any
anticipated negative economic impact
that approval of the proposed AVA will
have on an existing viticultural
enterprise. TTB is also interested in
receiving suggestions for ways to avoid
conflicts, for example, by adopting a
modified or different name for the AVA.
Submitting Comments
You may submit comments on this
notice by using one of the following
three methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this notice
within Docket No. TTB–2020–0003 on
‘‘Regulations.gov,’’ the Federal erulemaking portal, at https://
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www.regulations.gov. A direct link to
that docket is available under Notice
No. 188 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.
Please submit your comments by the
closing date shown above in this notice.
Your comments must reference Notice
No. 188 and include your name and
mailing address. Your comments also
must be made in English, be legible, and
be written in language acceptable for
public disclosure. TTB does not
acknowledge receipt of comments, and
TTB considers all comments as
originals.
In your comment, please clearly state
if you are commenting for yourself or on
behalf of an association, business, or
other entity. If you are commenting on
behalf of an entity, your comment must
include the entity’s name, as well as
your name and position title. If you
comment via Regulations.gov, please
enter the entity’s name in the
‘‘Organization’’ blank of the online
comment form. If you comment via
postal mail or hand delivery/courier,
please submit your entity’s comment on
letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this notice, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2020–
0003 on the Federal e-rulemaking
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
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. 188. You may also reach the
relevant docket through the
Regulations.gov search page at https://
www.regulations.gov. For information
on how to use Regulations.gov, click on
the site’s ‘‘Help’’ tab.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
or material that the Bureau considers
unsuitable for posting.
You may also view copies of this
notice, all related petitions, maps and
other supporting materials, and any
electronic or mailed comments that TTB
receives about this proposal by
appointment at the TTB Information
Resource Center, 1310 G Street NW,
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 other 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 a viticultural
area name would be the result of a
proprietor’s efforts and consumer
acceptance of wines from that area.
Therefore, no regulatory flexibility
analysis is required.
Executive Order 12866
It has been determined that this
proposed rule is not a significant
regulatory action as defined by
Executive Order 12866 of September 30,
1993. Therefore, no regulatory
assessment is required.
Drafting Information
Caroline Hermann of the Regulations
and Rulings Division drafted this notice
of proposed rulemaking.
E:\FR\FM\26MYP1.SGM
26MYP1
Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Proposed Rules
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.
BILLING CODE 4810–31–P
2. Subpart C is amended by adding
§ 9.____to read as follows:
§ 9.____Palos Verdes Peninsula.
(a) Name. The name of the viticultural
area described in this section is ‘‘Palos
Verdes Peninsula’’. For purposes of part
4 of this chapter, ‘‘Palos Verdes
Peninsula’’ is a term of viticultural
significance.
(b) Approved maps. The three United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Palos
Verdes Peninsula viticultural area are
titled:
(1) Redondo Beach, CA, 1996;
(2) Torrance, Calif., 1964
(photorevised 1981); and
(3) San Pedro Calif., 1964
(photorevised 1981).
(c) Boundary. The Palos Verdes
Peninsula viticultural area is located in
the southwestern coastal region of Los
Angeles County, and contains the cities
of Palos Verdes Estates, Rolling Hills,
Rolling Hills Estates, and Rancho Palos
Verdes, California. The boundary of the
Palos Verdes Peninsula viticultural area
is as described below:
(1) The beginning point is on the
Redondo Beach map at the intersection
of the Pacific Ocean and the Torrance
corporate boundary at Malaga Cove,
R14W/T4S; then
(2) From the beginning point, proceed
east, then generally southeast, along the
Torrance corporate boundary, crossing
onto the Torrance map, to the
intersection of the Lomita corporate
boundary, R14W/T4S; then
(3) Proceed generally southeast along
the Lomita corporate boundary to the
intersection with Western Ave, R14W/
T4S; then
(4) Proceed south along Western Ave,
crossing onto the San Pedro map, to the
intersection of the Los Angeles city
boundary, R14W/T5S; then
(5) Proceed west, then generally
south, then southwest along the Los
■
18:27 May 22, 2020
Signed:
Mary G. Ryan,
Acting Administrator.
Approved:
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
[FR Doc. 2020–10363 Filed 5–22–20; 8:45 am]
Subpart C—Approved American
Viticultural Areas
VerDate Sep<11>2014
Angeles city boundary to the
intersection with the Pacific Ocean at
Palos Verdes Peninsula Park, R14W/
T5S; then
(6) Proceed clockwise along the
Pacific coastline to return to the
beginning point.
Jkt 250001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0573, FRL–10009–
43–Region 10]
Air Plan Approval; WA; Infrastructure
Requirements for the 2010 Sulfur
Dioxide and 2015 Ozone Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Whenever a new or revised
National Ambient Air Quality Standard
(NAAQS) is promulgated, the Clean Air
Act (CAA) requires states to submit a
plan for the implementation,
maintenance, and enforcement of the
standard, commonly referred to as
infrastructure requirements. The
Environmental Protection Agency (EPA)
is proposing to approve Washington
State Implementation Plan (SIP)
submissions as meeting specific
infrastructure requirements for the 2010
sulfur dioxide (SO2) and 2015 ozone
NAAQS.
SUMMARY:
Comments must be received on
or before June 25, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2019–0573 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
DATES:
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
31421
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt, EPA Region 10, 1200 Sixth
Avenue—Suite 155, Seattle, WA 98101,
at (206) 553–0256, or hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA. This
SUPPLEMENTARY INFORMATION section is
arranged as follows:
Table of Contents
I. Background
II. Infrastructure Elements
III. The EPA Approach to Review of
Infrastructure SIP Submissions
IV. The EPA Evaluation
V. Proposed Action
VI. Statutory and Executive Orders Review
I. Background
On June 2, 2010, the EPA
promulgated a revised primary SO2
NAAQS at 75 parts per billion, based on
a three-year average of the annual 99th
percentile of one-hour daily maximum
concentrations (75 FR 35520). In 2015,
the EPA promulgated a revision to the
ozone NAAQS retaining the existing
form of the standard (three-year average
of the annual fourth-highest daily
maximum 8-hour average concentration)
but lowered the level of both the
primary and secondary standards from
0.075 to 0.070 parts per million (80 FR
65292, October 26, 2015). On September
30, 2019, and as supplemented on April
3, 2020, the Washington Department of
Ecology (Ecology) submitted SIP
revisions to meet certain 2010 SO2 and
2015 ozone NAAQS infrastructure
requirements. We note that Ecology
previously submitted a SIP revision on
February 7, 2018, addressing CAA
section 110(a)(2)(D)(i)(I) (interstate
transport prongs 1 and 2) for the 2010
SO2 and 2015 ozone NAAQS. We
approved the February 7, 2018, SIP
revision as meeting the CAA section
110(a)(2)(D)(i)(I) requirements for the
2015 ozone NAAQS on September 20,
2018 (83 FR 47568). We will address the
CAA section 110(a)(2)(D)(i)(I)
requirements for the 2010 SO2 NAAQS
in a separate action.
E:\FR\FM\26MYP1.SGM
26MYP1
]]>Agencies
[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Proposed Rules]
[Pages 31416-31421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10363]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 /
Proposed Rules
[[Page 31416]]
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2020-0003; Notice No. 188]
RIN 1513-AC70
Proposed Establishment of the Palos Verdes Peninsula 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 15,900-acre ``Palos Verdes Peninsula''
viticultural area in the southwestern coastal region of Los Angeles
County, California. The proposed viticultural area does not lie 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 July 27, 2020.
ADDRESSES: You may electronically submit comments to TTB on this
proposal, and view copies of this document, its supporting materials,
and any comments TTB receives on it within Docket No. TTB-2020-0003 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
the 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;
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.
Palos Verdes Peninsula Petition
TTB received a petition from James York, owner of Catalina View
Wines, on behalf of the Palos Verdes Peninsula Winegrowers, proposing
to establish the ``Palos Verdes Peninsula'' AVA. The proposed Palos
Verdes Peninsula AVA lies within Los Angeles County, California, and
contains the cities of Palos Verdes Estates, Rolling Hills Estates,
Rancho Palos Verdes, and Rolling Hills, California. The proposed AVA
does not overlap with any other existing or proposed AVA. The proposed
Palos Verdes Peninsula AVA contains approximately 15,900 acres,
including 7 acres of producing vineyards, distributed throughout the
proposed AVA. The primary varieties grown in the proposed Palos Verdes
[[Page 31417]]
Peninsula AVA consist of Pinot Noir, Chardonnay, Merlot, and Cabernet
Sauvignon.
According to the petition, the distinguishing features of the
proposed Palos Verdes Peninsula AVA include its geology, soils,
topography, and climate. Unless otherwise noted, all information and
data pertaining to the proposed AVA contained in this document are from
the petition for the proposed Palos Verdes Peninsula AVA and its
supporting exhibits.
Name Evidence
The proposed Palos Verdes Peninsula AVA takes its name from the
Rancho de Los Palos Verdes, which was awarded as a land grant from the
Governor of Mexican California in the early 1800s. Use of the term
``Palos Verdes Peninsula'' to describe the region began during the mid-
century development surge of the area.
The petitioner provided several examples of the use of ``Palos
Verdes Peninsula'' to refer to the region of the proposed AVA. For
example, many local agencies and organizations utilize the ``Palos
Verdes Peninsula'' reference in their names: Palos Verdes Peninsula
United School District, Palos Verdes Peninsula Transit Authority, Palos
Verdes Peninsula Land Conservancy, Palos Verdes Peninsula News, and
Palos Verdes Peninsula Chamber of Commerce. The petition also provided
a list of several books that refer to the Palos Verdes Peninsula in
their titles, including Handbook of Wildflowers, Weeds, Wildlife, and
Weather of the South Bay and Palos Verdes Peninsula \1\ and Best Hikes
on the Palos Verdes Peninsula.\2\
---------------------------------------------------------------------------
\1\ Gales, Donald Moore, Handbook of Wildflowers, Weeds,
Wildlife, and Weather of the South Bay and Palos Verdes Peninsula
(Third Edition), Palos Verdes Peninsula, CA: FoldaRoll Company,
1988.
\2\ Dye, Barbara L. K., Best Hikes on the Palos Verdes
Peninsula, Bookmasters, Inc., 2007.
---------------------------------------------------------------------------
Boundary Evidence
The proposed Palos Verdes Peninsula AVA is bounded on the west and
south by the Pacific Ocean. The northern and eastern boundaries of the
proposed AVA coincides with the jurisdictional boundaries of the cities
of Palos Verdes Estates, Rolling Hills Estates, Rancho Palos Verdes,
and the neighboring cities of Torrance, Lomita and San Pedro (Los
Angeles), respectively.
Distinguishing Features
The distinguishing features of the proposed Palos Verdes Peninsula
AVA include its geology, soils, topography, and climate.
Geology and Soils
The proposed Palos Verdes Peninsula AVA is an island-like terrain,
or an isolated upland peninsula created by tectonic uplift and volcanic
activity. During periods of intense geologic activity, the region of
the proposed AVA was subjected to repeated cycles of uplift, erosion,
submersion, and deposition. Submersion allowed significant amounts of
marine deposits to be laid down, which contributed to the soil
composition. Uplift created new lands, while erosion wore away the
newly-formed lands to create the series of marine terraces that
characterize the region's topography today. By contrast, the geology of
the surrounding areas is a large coastal plain, consisting mainly of
surficial sediments, older surficial sediments, and shallow marine
sediments. While the surrounding regions experienced the same ocean
fluctuations as the proposed AVA, they did not experience the same
intensity of tectonic uplift and volcanic activity.
The geology of the Peninsula consists primarily of the Monterey
Formation and ancient landslides. The geology of the Monterey Formation
created soils from the Altamont Series, including Altamont Clay Adobe
and Altamont Clay Loam. A third soil commonly found in the proposed AVA
is the Diablo Clay Adobe. These three soils are rich in clays, adobe,
and loamy clay and contain high amounts of calcium. The calcium found
in Peninsula soils retains moisture in dry weather while allowing for
good drainage. According to the petition, the levels of calcium in the
soils produce thicker grape skins than are found on the same grape
varietals grown in non-calcareous soils, which increases the amount of
color, flavor, and aromatics in the resulting wine.
The lowland areas surrounding the proposed AVA have alluvial-and
fluvial-based sedimentary soils (sand and silt) which, according to the
petition, generally produce wines with less color, acidity, and
tannins, but with more aromas, than clay-and adobe-rich soils. These
soils also have lower levels of calcium, and they can retain excessive
water which can increase the chances of root disease.
Topography
The topography of the proposed Palos Verdes Peninsula AVA is often
described as a low altitude mountain of the Coast Range situated
between the Los Angeles Plain and the Pacific Ocean. It is covered by
rolling hills, incised canyons, and coastal bluffs and terraces.
Elevations range from sea level on the west and south to about 1,460
feet above sea level at San Pedro Hill, which is located near the
eastern/central area of the Palos Verdes Hills. The slope angles of the
vineyards in the proposed AVA range from gentle to high (0-50%). Some
vineyards that are planted on steeper slopes have been terraced to
allow for drainage/erosion control, equipment access, and solar
orientation. The aspects of the vineyard slopes face south, southeast,
and southwest, providing year-round solar exposure.
The moderate slopes of the proposed Palos Verdes Peninsula AVA
promote: (1) Air flow that helps to minimize mildew, botrytis rot, and
frost issues; (2) drainage of excess water that helps to minimize root
rot and; (3) direct sun exposure which aids in ripeness and reduces
frost risk. South-and southwest-facing slopes promote earlier bud
break, bloom, and harvest than other aspects. Southeast-facing slopes
bring morning radiation for soil warmth and canopy growth.
In contrast, the surrounding areas have relatively flat topography
with elevations ranging from sea level to about 500 feet. Slope angles
range from 0-25%. Flatter topography can promote: (1) Reduced air flow
which can lead to mildew and botrytis rot; (2) pooling of water which
can cause root rot and excessive vegetative growth; and (3) and reduced
photosynthesis from diluted sun exposure as it is spread out across a
wider surface area.
Climate
The climate of the proposed Palos Verdes Peninsula AVA is
``Mediterranean warm'', which is characterized by warm, dry summers and
mild winters with limited rainfall. The petition also described wind
and fog patterns within the proposed AVA and the surrounding regions.
However, the petition did not provide enough data for TTB to determine
if wind and fog are distinguishing features of the proposed AVA, so
those climate aspects are not discussed in this document. All climate
information provided in the petition can be viewed in the public docket
at https://www.regulations.gov.
The vineyards within the proposed AVA are located in the following
microclimates: \3\ Climate Zone IA and IB (Coastal Zone), Zone III
(Middle Highlands, Southeastern Upper Slope), and Zone IV (Middle and
Lower North and East Slopes). These zones have
[[Page 31418]]
milder temperatures, more fog, higher relative humidity, and slightly
more rain than the surrounding areas which are classified as the warmer
zones V and VI.
---------------------------------------------------------------------------
\3\ Gales, Donald More, Handbook of Wildflowers, Weeds,
Wildlife, and Weather of the South Bay and Palos Verdes Peninsula
(Third Edition), Palos Verdes Peninsula, CA: FoldaRoll Company, 1988
(Gales divides the Palos Verdes Peninsula into zones I, II, III, and
IV. These are the primary climate zones (microclimates) within the
proposed AVA).
---------------------------------------------------------------------------
As evidence of these milder temperatures, the petition includes
weather data for the proposed AVA and the surrounding areas from the
National Oceanic and Atmospheric Administration (NOAA) from 2014 to
2017. The temperature data shows that average monthly temperatures for
the proposed Palos Verdes Peninsula AVA range between four and six
degrees lower than in the surrounding areas in the colder months, and
five to eight degrees lower than in the surrounding areas in the summer
months. While the average temperatures of the proposed AVA and the
surrounding areas are within a narrow range, the high and low
temperatures of the surrounding areas are more extreme than the high
and low temperatures of the proposed AVA. Generally, the weather data
shows that average spring and summer temperatures of San Pedro and Long
Beach, which are farther inland than the proposed AVA, are the warmest
of the areas surrounding the proposed AVA.
Table 1--Average Monthly High and Low Temperatures and Extreme Monthly
High and Low Temperatures for the Proposed Palos Verdes Peninsula AVA
From 2014-2017 in Degrees Fahrenheit
------------------------------------------------------------------------
Month Average high/low Extreme high/low
------------------------------------------------------------------------
January........................... 63/48 75/46
February.......................... 63/49 75/46
March............................. 64/51 75/50
April............................. 66/52 77/49
May............................... 67/55 77/52
June.............................. 70/58 78/58
July.............................. 73/61 80/58
August............................ 74/62 83/60
September......................... 73/61 83/58
October........................... 72/57 84/53
November.......................... 68/51 81/48
December.......................... 63/48 74/46
------------------------------------------------------------------------
Table 2--Average Monthly High and Low Temperatures and Extreme Monthly High and Low Temperatures for Surrounding Regions From 2014-2017 in Degrees
Fahrenheit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Location (direction from proposed AVA)
-----------------------------------------------------------------------------------------------
Torrance Airport Redondo Beach (north) San Pedro (east) Long Beach (east)
Month (north) -----------------------------------------------------------------------
------------------------
Average Extreme Average Extreme Average Extreme Average Extreme
high/low high/low high/low high/low high/low high/low high/low high/low
--------------------------------------------------------------------------------------------------------------------------------------------------------
January................................................. 68/49 83/34 66/48 82/35 67/49 75/45 68/48 78/43
February................................................ 70/51 86/37 69/51 88/38 67/49 75/45 70/49 78/42
March................................................... 72/52 92/43 70/52 91/43 69/52 77/46 70/49 80/44
April................................................... 74/53 88/47 70/53 81/47 72/52 80/48 74/52 83/50
May..................................................... 71/60 85/45 69/56 84/47 73/55 80/52 75/55 83/50
June.................................................... 76/60 98/51 73/60 90/53 79/58 83/58 79/59 87/59
July.................................................... 79/64 91/55 77/64 86/59 81/62 84/59 84/62 88/60
August.................................................. 79/64 90/57 77/64 84/60 82/64 86/60 84/64 91/58
September............................................... 81/62 100/55 78/64 100/54 82/61 86/58 84/62 91/57
October................................................. 80/60 104/54 78/64 102/53 78/56 85/53 79/58 89/52
November................................................ 73/53 94/41 73/522 93/42 74/56 82/48 73/52 85/46
December................................................ 68/47 84/34 68/47 85/35 67/49 75/46 68/47 77/43
--------------------------------------------------------------------------------------------------------------------------------------------------------
Finally, the petition included data on average annual rainfall
amounts for locations within the proposed Palos Verdes Peninsula AVA
and the surroundings from 2014 to 2017. The data supports the
petition's claim that, although the proposed AVA is a dry region, the
surrounding inland regions are generally drier than locations within
the proposed AVA.
Table 3--Average Monthly Rainfall Amounts for the Proposed Palos Verdes Peninsula AVA From 2014-2017 in Inches
----------------------------------------------------------------------------------------------------------------
Rolling Hills/ Average of
Month Rancho Palos Palos Verdes Rolling Hills proposed AVA
Verdes Estates Estates locations
----------------------------------------------------------------------------------------------------------------
January......................................... 2.79 3.15 2.96 2.97
February........................................ 2.56 2.88 2.72 2.72
March........................................... 2.04 2.36 2.21 2.20
April........................................... 0.91 1.10 0.99 1.00
May............................................. 0.16 0.20 0.20 0.19
June............................................ 0.04 0.08 0.08 0.07
[[Page 31419]]
July............................................ 0.00 0.00 0.00 0.00
August.......................................... 0.08 0.12 0.08 0.09
September....................................... 0.28 0.28 0.28 0.28
October......................................... 0.32 0.35 0.32 0.33
November........................................ 1.89 2.25 1.97 2.04
December........................................ 2.01 2.32 2.09 2.14
---------------------------------------------------------------
Average Annual Rainfall..................... 13.08 15.09 13.90 14.03
----------------------------------------------------------------------------------------------------------------
Table 4--Average Monthly Rainfall Amounts for Surrounding Regions From 2014-2017 in Inches
----------------------------------------------------------------------------------------------------------------
Torrance Redondo Beach San Pedro Long Beach
Month (north) (north) (east) (east)
----------------------------------------------------------------------------------------------------------------
January......................................... 3.76 3.81 3.60 2.60
February........................................ 2.32 2.11 3.22 3.07
March........................................... 1.11 0.98 2.79 1.85
April........................................... 0.19 0.28 0.73 0.59
May............................................. 0.44 0.27 0.26 0.20
June............................................ 0.03 0.05 0.08 0.08
July............................................ 0.16 0.22 0.04 0.04
August.......................................... 0.00 0.00 0.13 0.04
September....................................... 0.25 0.23 0.23 0.20
October......................................... 0.12 0.19 0.48 0.63
November........................................ 0.41 0.52 1.24 0.98
December........................................ 1.29 1.74 1.99 1.97
---------------------------------------------------------------
Average Annual Rainfall..................... 10.08 10.40 14.79 12.25
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Summary of Distinguishing Features
In summary, the geology, soils, topography, and climate of the
proposed Palos Verdes Peninsula AVA distinguish it from the surrounding
regions. The following table, derived from information in the petition,
compares the features of the proposed AVA to the features of the
surrounding areas.
Table 5--Summary of Characteristics of the Proposed AVA and Surrounding
Regions
------------------------------------------------------------------------
Region Characteristics
------------------------------------------------------------------------
Proposed Palos Verdes Peninsula AVA.... Hilly topography; clay, adobe,
loamy soils with high levels
of calcium; south, southeast,
and southwest sun exposure;
mild temperatures with lower
growing season temperatures.
North, Northeast, and East of proposed Flat topography; sandy fertile
AVA. soils; east-west sun exposure;
hot dry climate.
South and West of proposed AVA......... Pacific Ocean.
------------------------------------------------------------------------
TTB Determination
TTB concludes that the petition to establish the approximately
15,900-acre proposed Palos Verdes Peninsula AVA merits consideration
and public comment, as invited in this notice of proposed rulemaking.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA in the proposed regulatory text published at the end of this
proposed rule.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text. You may also view the proposed
Palos Verdes Peninsula 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
[[Page 31420]]
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, ``Palos Verdes
Peninsula AVA,'' 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, wine bottlers using the name ``Palos Verdes Peninsula
AVA'' in a brand name, including a trademark, or in another label
reference as to the origin of the wine, would have to ensure that the
product is eligible to use the AVA name as an appellation of origin if
this proposed rule is adopted as a final rule. The approval of the
proposed Palos Verdes Peninsula AVA would not affect any existing AVA.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed 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 Palos Verdes Peninsula AVA on wine labels that include the
term ``Palos Verdes Peninsula'' as discussed above under Impact on
Current Wine Labels, TTB is particularly interested in comments
regarding whether there will be a conflict between the proposed AVA
name and currently used brand names. If a commenter believes that a
conflict will arise, the comment should describe the nature of that
conflict, including any anticipated negative economic impact that
approval of the proposed AVA will have on an existing viticultural
enterprise. TTB is also interested in receiving suggestions for ways to
avoid conflicts, for example, by adopting a modified or different name
for the AVA.
Submitting Comments
You may submit comments on this notice by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2020-
0003 on ``Regulations.gov,'' the Federal e-rulemaking portal, at https://www.regulations.gov. A direct link to that docket is available under
Notice No. 188 on the TTB website at https://www.ttb.gov/wine/wine_rulemaking.shtml">https://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW, Suite 400, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 188 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly state if you are commenting for
yourself or on behalf of an association, business, or other entity. If
you are commenting on behalf of an entity, your comment must include
the entity's name, as well as your name and position title. If you
comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this notice, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2020-0003 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. 188. You may
also reach the relevant docket through the Regulations.gov search page
at https://www.regulations.gov. For information on how to use
Regulations.gov, click on the site's ``Help'' tab.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this notice, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments that TTB receives about this proposal by appointment at the
TTB Information Resource Center, 1310 G Street NW, 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 other 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 a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Caroline Hermann of the Regulations and Rulings Division drafted
this notice of proposed rulemaking.
[[Page 31421]]
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:
Sec. 9.____Palos Verdes Peninsula.
(a) Name. The name of the viticultural area described in this
section is ``Palos Verdes Peninsula''. For purposes of part 4 of this
chapter, ``Palos Verdes Peninsula'' is a term of viticultural
significance.
(b) Approved maps. The three United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Palos Verdes Peninsula viticultural area are titled:
(1) Redondo Beach, CA, 1996;
(2) Torrance, Calif., 1964 (photorevised 1981); and
(3) San Pedro Calif., 1964 (photorevised 1981).
(c) Boundary. The Palos Verdes Peninsula viticultural area is
located in the southwestern coastal region of Los Angeles County, and
contains the cities of Palos Verdes Estates, Rolling Hills, Rolling
Hills Estates, and Rancho Palos Verdes, California. The boundary of the
Palos Verdes Peninsula viticultural area is as described below:
(1) The beginning point is on the Redondo Beach map at the
intersection of the Pacific Ocean and the Torrance corporate boundary
at Malaga Cove, R14W/T4S; then
(2) From the beginning point, proceed east, then generally
southeast, along the Torrance corporate boundary, crossing onto the
Torrance map, to the intersection of the Lomita corporate boundary,
R14W/T4S; then
(3) Proceed generally southeast along the Lomita corporate boundary
to the intersection with Western Ave, R14W/T4S; then
(4) Proceed south along Western Ave, crossing onto the San Pedro
map, to the intersection of the Los Angeles city boundary, R14W/T5S;
then
(5) Proceed west, then generally south, then southwest along the
Los Angeles city boundary to the intersection with the Pacific Ocean at
Palos Verdes Peninsula Park, R14W/T5S; then
(6) Proceed clockwise along the Pacific coastline to return to the
beginning point.
Signed:
Mary G. Ryan,
Acting Administrator.
Approved:
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2020-10363 Filed 5-22-20; 8:45 am]
BILLING CODE 4810-31-P
