Proposed Expansion of the Clarksburg Viticultural Area, 71722-71726 [2020-24140]
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Federal Register / Vol. 85, No. 218 / Tuesday, November 10, 2020 / Proposed Rules
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2020–0013; Notice No.
198]
RIN 1513–AC62
Proposed Expansion of the Clarksburg
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
expand the approximately 64,640-acre
‘‘Clarksburg’’ viticultural area by
approximately 27,945 acres. The
Clarksburg viticultural area is located in
Sacramento, Solano, and Yolo Counties,
in California, and the proposed
expansion area is located in Sacramento
and Solano Counties. The established
Clarksburg viticultural area and the
proposed expansion area are not located
within any established viticultural area.
TTB designates viticultural areas to
allow vintners to better describe the
origin of their wines and to allow
consumers to better identify wines they
may purchase. TTB invites comments
on this proposed amendment to its
regulations.
DATES: Comments must be received by
January 11, 2021.
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–2020–0013 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 or U.S. mail 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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SUMMARY:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
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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 the
establishment of an AVA and provides
that any interested party may petition
TTB to establish a grape-growing region
as an AVA. Petitioners may use the
same procedures to request changes
involving existing AVAs. Section 9.12(c)
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of the TTB regulations (27 CFR 9.12(c))
prescribes standards for petitions for
modifying established AVAs. Petitions
to expand an established AVA must
include the following:
• Evidence that the region within the
proposed expansion area is nationally or
locally known by the name of the
established AVA;
• An explanation of the basis for
defining the boundary of the proposed
expansion area;
• A narrative description of the
features of the proposed expansion area
affecting viticulture, including climate,
geology, soils, physical features, and
elevation, that make the proposed
expansion area similar to the
established AVA and distinguish it from
adjacent areas outside the established
AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
expansion area, with the boundary of
the proposed expansion area clearly
drawn thereon; and
• A detailed narrative description of
the proposed expansion area boundary
based on USGS map markings.
Petition To Expand the Clarksburg AVA
TTB received a petition from James
Reamer of Reamer Farms vineyard,
submitted on behalf of himself and
other wine industry members,
proposing to expand the established
‘‘Clarksburg’’ AVA. The Clarksburg
AVA (27 CFR 9.95) was established by
T.D. ATF–166, which published in the
Federal Register on January 23, 1984
(49 FR 2758). The Clarksburg AVA
covers approximately 64,640 acres in
Sacramento, Solano, and Yolo Counties
in California. The Clarksburg AVA and
the proposed expansion area are not
located within any other AVA.
Although the established Clarksburg
AVA does contain the established
Merritt Island AVA (27 CFR 9.68), the
proposed expansion area is not adjacent
to the Merritt Island AVA and therefore
would not affect the boundaries of that
AVA. The petition included a letter
from the Clarksburg Winegrowers and
Vintners Association supporting the
proposed expansion.
The proposed expansion area is
adjacent to the southern portion of the
established AVA and entirely
encompasses Grand Island and Ryer
Island, which together cover
approximately 27,945 acres. The
petitioner states that within the
proposed expansion area there are 350
acres of grapevines on Grand Island and
three vineyards on Ryer Island. Unless
otherwise noted, all information and
data pertaining to the proposed
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which are within the proposed
expansion area.
expansion area contained in this
document come from the petition and
its supporting exhibits.
Boundary Evidence
Name Evidence
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The expansion petition provides
evidence that the name ‘‘Clarksburg’’ is
used to describe a region larger than just
the established Clarksburg AVA. For
example, the petition included
information on three limousine tour
services offering tours of the Clarksburg
region that each include at least one
location within the proposed expansion
area. Baja Limo’s ‘‘Clarksburg Wine
Tour’’ offers a stop at the Grand Island
Vineyard’s winery, which is located
within the proposed expansion area on
Grand Island.1 Limousine Service
Sacramento’s ‘‘Clarksburg Wine Testing
Tours’’ also offers a stop at the Grand
Island Vineyard’s tasting room and Six
Hands Winery.2 The Six Hands Winery
is located on Andrus Island, which is
adjacent to the eastern boundary of the
proposed expansion area but outside of
the established AVA. Although the
winery is not within the established
AVA or the proposed expansion area, its
inclusion on the tour offers evidence
that the region known as ‘‘Clarksburg’’
extends beyond the boundaries of the
Clarksburg AVA. Finally, Exotic
Limousine’s ‘‘Concord–Clarksburg Wine
Tour’’ travels from ‘‘Concord and the
East Bay area to [the] Clarksburg
appellation,’’ which includes ‘‘some of
the very best wedding venues like the
Grand Island Mansion.’’ 3 TTB notes
that the Grand Island Mansion is a
historic site located within the proposed
AVA expansion area.
Other examples of the use of the name
‘‘Clarksburg’’ to describe the proposed
expansion area includes a vacation
rental listing. This listing is for a
property on Grand Island, which is
within the proposed expansion area,
and is listed under the general heading
of ‘‘Clarksburg.’’ 4 Grand Island
Vineyards, which is within the
proposed expansion area, is included in
a list of Clarksburg wineries on the
American Winery Guide website.5
Finally, a map created by the Clarksburg
Wine Growers and Vintners Association
titled ‘‘Clarksburg Appellation Wine
Country’’ shows the established AVA as
well as Grand Island and Ryer Island,
1 www.bajalimo.net/clarksburg-wine-tours.
2 www.limoservicesacramento.com/clarksburgwine-tasting-tours.
3 www.limoserviceconcord.com/Concord_
clarksburg_wine_tour.php.
4 www.vrbo.com/1311885.
5 www.americanwineryguide.com/regions/
clarksburg-ava-wineries.
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The established Clarksburg AVA is a
roughly triangular region at the
confluence of the Sacramento River and
the San Joaquin River. The lands within
the Clarksburg AVA are mostly islands
surrounded by rivers and/or sloughs.
The Sacramento River Deep Water Ship
Channel forms the majority of the
western boundary, while the eastern
boundary is formed by Interstate 5, a
levee, and the Sacramento River. The
southern boundary is formed by the
Sacramento River, Steamboat Slough,
Miner Slough, and Sutter Slough. To the
north of the Clarksburg AVA is the city
of Sacramento, which is too heavily
urbanized for commercial viticulture.
The proposed expansion area is
adjacent to the southern boundary of the
Clarksburg AVA and consists of Ryer
Island and Grand Island. The proposed
boundary expansion would begin on the
current boundary at the intersection of
Miner Slough and the levee connecting
the slough to the Sacramento River Deep
Water Ship Channel. Instead of
continuing east along Miner Slough to
Steamboat Slough, as the current
boundary does, the proposed boundary
expansion would proceed south along
Miner Slough to its confluence with
Cache Slough. The proposed boundary
would then proceed south along the
Cache Slough to its confluence with the
Sacramento River and then eastnortheasterly along the Sacramento
River to its intersection with the Delta
Cross Channel and the Southern Pacific
Railroad near Walnut Grove. At this
point, the proposed expansion area
boundary would rejoin the current
Clarksburg AVA boundary.
To the west of both the AVA and the
proposed expansion area is the Yolo
Bypass that diverts floodwaters away
from the city of Sacramento. Because of
its frequent flooding, the petition states
that this region is suitable only for
wildlife habitat and summer annual
crops. To the east of the Clarksburg
AVA and the proposed expansion area
is the Central Valley. To the south of the
proposed expansion area are Andrus
Island and Brennan Island, both of
which have a persistently high water
table that makes the potential for
vineyards unlikely.
Distinguishing Features
The petition states that the soils,
climate, and topography of the proposed
expansion area are similar to those of
the established Clarksburg AVA.
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Soils
T.D. ATF–166 describes the soils of
the Clarksburg AVA as poorly drained
clay and clay loam soils. Little
information is given about the soils of
the surrounding regions except that
viticulture to the west of the AVA is
made impossible due to the
combination of soils and flooding, and
that the soils to the south of the AVA
contain poorly drained organic and
mineral soils.
The expansion petition provides more
detailed information about the soils of
the Clarksburg AVA and the
surrounding regions. The expansion
petition states that the lands within the
Clarksburg AVA and the proposed
expansion area readily fall into two
groups: The alluvial fan–basin group
and the flood plain–basin–blackswamp
group. These landform groups
influenced the development of the soils
in the AVA. The alluvial fan–basin
group lands are found mostly in the
western portion of the Clarksburg AVA.
Common soils found in these lands
include the Lang, Laugenour, Maria,
Merritt, Sycamore, Tyndall, and Valdez
series. Egbert, Omni, Sacramento, and
Willows soils are also present. The
eastern portion of the Clarksburg AVA
is characterized by flood plain–basin–
blackswamp landforms. Soils commonly
found in this region include the
Columbia, Consumnes, Lang,
Laugenour, Sailboat, and Valpac series,
as well as Clear Lake, Dierssen, and
Tinnin soils.
The proposed expansion area contains
both flood plain–basin–blackswamp
landforms and alluvial fan–basin
landforms. Grand Island, in the eastern
portion of the proposed expansion area,
consists mostly of flood plain–basin–
blackswamp landforms. Soils found in
both Grand Island and the Clarksburg
AVA include the Consumnes, Egbert,
Laugenour, and Sailboat series. Ryer
Island, in the western portion of the
proposed expansion area, contains
alluvial fan–basin landforms. Soils of
the Egbert, Sacramento, and Valdez
series are found in both the Clarksburg
AVA and Ryer Island.
The expansion petition states that all
of the soils of the Clarksburg AVA and
the proposed expansion area share
several characteristics, including low-tomoderate levels of organic material,
poor to somewhat-poor drainage, and a
combination of silt, clay, sand, and
loam. Because of the poor drainage
quality of the soils in both the proposed
expansion area and the Clarksburg AVA,
a well-placed and maintained system of
ditches and canals is necessary, as are
tile drains in some locations. The
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drainage systems lower the water table
and allow the vineyard root zones to
become better aerated. As a result, a
better environment is created for the
bottom of the vine trunks and the major
roots that originate for them. The
petition states that ridges in the vine
rows called berms also allow for better
drainage and are common features in
both the AVA and the proposed
expansion area. Additionally, vineyard
owners often use rootstocks with
greater-than-average tolerances of wet
soils in order to limit the risk of
significant root dieback and root
diseases.
None of the alluvial fan–basin
landform soils found in the proposed
expansion area and the Clarksburg AVA
are found in the regions to the east and
south. These regions also contain a type
of marshland soil called Rindge mucky
silt loam, which is not found in either
the Clarksburg AVA or the proposed
expansion area. Furthermore, the soils
to the east and south contain greater
concentrations of organic matter. To the
west of the proposed expansion area
and the Clarksburg AVA, the common
soils include the Capay and Pescadero
series, which are not found in either the
proposed expansion area or the AVA.
Climate
T.D. ATF–166 included precipitation
as a distinguishing feature of the
Clarksburg AVA, stating that the AVA
received an average of 16 inches of rain
annually. The regions to the north and
east were described as having higher
annual rainfall amounts, while the
regions to the south and west had lower
annual amounts. T.D. ATF–166 also
briefly discussed temperature, noting
that Sacramento, which is north of the
Clarksburg AVA, is generally 8 to 10
degrees warmer than the AVA in the
summer.
The proposed expansion petition
includes information about the average
annual rainfall amounts of the
Clarksburg AVA and the surrounding
regions, which suggest that the
Clarksburg AVA receives less rainfall
annually than the surrounding regions.
However, the petition did not include
annual average rainfall amounts from
within the proposed expansion area for
comparison. The proposed expansion
petition did include the growing season
rainfall amounts 6 for a location on Ryer
Island, within the proposed expansion
area, and from within the Clarksburg
AVA. The data shows that during the
growing seasons from 2013 to 2017, the
Ryer Island location received a total of
2.5 inches of rain, while the Clarksburg
AVA location received 3.1 inches.
However, the proposed expansion
petition did not include growing season
rainfall amounts from the surrounding
regions for comparison, so TTB is
unable to determine if the growing
season rainfall amounts within the
proposed expansion area are more
similar to those of the Clarksburg AVA
than to those of the surrounding regions.
The expansion petition also provides
more detailed information on
temperatures in the region than what
was included in T.D. ATF–166. The
information on the growing season
mean, maximum, and minimum
temperatures from within the
Clarksburg AVA and the proposed
expansion area is included in the
following table, and suggests that the
climate of the proposed expansion area
is similar to that of the Clarksburg AVA.
The petition states that temperature
within the Clarksburg AVA and the
proposed expansion area are suitable for
growing a variety of wine grapes,
including Pinot Noir, Pinot Gris, and
Chardonnay.
TABLE—GROWING SEASON TEMPERATURE AVERAGES IN DEGREES FAHRENHEIT
Location
Mean
Maximum
Minimum
Within Clarksburg AVA
Clarksburg 7
.................................................................................................................................
67.7
85.8
52.3
Lake Winchester 8 ........................................................................................................................
67.8
85.0
53.2
................................................................................................................................
68.7
85.1
53.3
Grand Island 10 .............................................................................................................................
67.8
83.7
53.4
Within Proposed Expansion Area
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Ryer
Island 9
The expansion petition also includes
graphs showing the average growing
season mean, minimum, and maximum
temperatures gathered from the Western
Regional Climate Center 11 for a weather
station location within the Clarksburg
AVA and 10 weather station locations in
the surrounding regions. For each
location, the data was collected from a
minimum of 38 years, which provides a
broad picture of the climate of the
region.12 The graphs do not include data
from within the proposed expansion
area. However, the other data in the
petition demonstrates that the proposed
expansion area has temperatures similar
to the Clarksburg AVA. Therefore, TTB
believes that the Clarksburg location
used in the graphs is an acceptable
stand-in for the proposed expansion
area for the purpose of comparison to
the surrounding regions.
The graphs show that the location
within the Clarksburg AVA had the
lowest growing season mean
temperature of all the locations.
Additionally, the Clarksburg location
had a lower growing season maximum
temperature than all but two of the
locations and a lower average growing
season minimum temperature than all
but three of the locations. Most notably,
the temperatures for the Clarksburg
location were all lower than the
temperatures for the two Sacramento
weather stations, supporting the claim
in T.D. ATF–166 that temperatures in
the Clarksburg AVA are typically lower
6 The growing season is defined as April 1
through October 31.
7 Data source: Lodi Winegrape Commission via
Western Weather Group, 2013–2017. https://
lodi.westernweathergroup.com.
8 Data source: Private weather station at Reamer
Farms, 2012–2014, and Ranch Systems, 2016–2017.
9 Data source: Lodi Winegrape Commission via
Western Weather Group, 2013–2017. https://
lodi.westernweathergroup.com.
10 Data source: Private weather station at Rio
Viento Vineyard, 2012–2014, and Ranch Systems,
2016–2017.
11 www.wrcc.dri.edu.
12 For a listing of all weather station locations and
the period of record for each, see Exhibit 9 of the
expansion petition in Docket TTB–2020–0013 at
www.regulations.gov.
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than those in Sacramento to the north of
the AVA.
Topography
T.D. ATF–166, which established the
Clarksburg AVA, did not consider
topography to be a distinguishing
feature of the Clarksburg AVA, only
noting that the ‘‘lower terraces to the
east’’ of the AVA are prone to
flooding.13 However, the expansion
petition includes topographic
information to demonstrate that the
proposed expansion area is more
topographically similar to the
Clarksburg AVA than the surrounding
regions outside the AVA. The petition
includes a table of the highest and
lowest elevations from locations within
the Clarksburg AVA, which is north of
the proposed expansion area, as well as
from within the proposed expansion
area and the regions to the south, west,
and east.
The expansion petition states that due
to the low elevations throughout the
Sacramento Delta, the islands once
regularly flooded. The entire delta
would flood periodically during spring
tides and river floods, and the islands
furthest downstream would flood daily
during high tides. However, a system of
levees, open ditches, and canals has
made viticulture possible within the
Clarksburg AVA and the proposed
expansion area. Within the proposed
expansion area, elevations range from a
lowest point of 10 feet below sea level
to a highest point of 5 feet above sea
level. Within the current boundaries of
the Clarksburg AVA, elevations range
from 10 feet below sea level to 10 feet
above sea level.
By comparison, elevations in the
surrounding regions are generally lower
than within the Clarksburg AVA and the
proposed expansion area. The region
east of the proposed expansion area has
elevations between 15 feet below sea
level on Tyler Island and Staten Island,
and 5 feet above sea level at the city of
Walnut Grove and the upper portion of
Andrus Island. To the south of both the
AVA and proposed expansion area,
elevations range from 20 feet below sea
level to 0 feet above sea level. To the
west of the proposed expansion area,
elevations range from 5 feet below sea
level on Liberty Island and the Egbert
Tract Reclamation District to a high of
10 feet above sea level on the Egbert
Tract. The petition states that the
generally lower elevations in the
surrounding regions also mean that the
depths to water tables are appreciably
shallower than within the AVA and the
proposed expansion area. As a result,
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FR 2759.
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functional root zones are very shallow,
and the potential for viticulture in these
regions is feasible but limited.
Although topography was not
considered to be a distinguishing feature
of the Clarksburg AVA in T.D. ATF–166,
we are including a discussion of
topography in this proposed rule
because TTB agrees that the range of
elevations within the proposed
expansion area appears to be similar to
that of the Clarksburg AVA. The data in
the expansion petition suggests that the
regions to the south and east have lower
elevations than both the proposed
expansion area and the Clarksburg AVA.
While the data indicates that the
elevations to the west of the proposed
expansion area are within the range of
those of the Clarksburg AVA, the
frequency of flooding in the Yolo
Bypass would be a logical reason for not
including it in the proposed expansion
area. TTB is seeking comment on
whether the topography of the proposed
expansion area provides additional
support for including the proposed
expansion area in the established AVA.
TTB Determination
TTB concludes that the petition to
expand the boundaries of the
established Clarksburg 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
expansion area in the proposed
regulatory text published at the end of
this proposed rule.
Maps
The proposed boundary change to the
Clarksburg AVA would affect the
portion of the current AVA boundary
shown on the 1:24,000 scale Liberty
Island, Isleton, and Courtland
quadrangle maps, and would add the
1:24,000 scale Rio Vista quadrangle map
to the list of maps in the regulatory text
of 27 CFR 9.95. The petitioner included
copies of these maps in the expansion
petition. You may also view a map of
the proposed expansion of the
Clarksburg AVA boundary on the AVA
Map Explorer on the TTB website, at
https://www.ttb.gov/wine/ava-mapexplorer.
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
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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
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.
The approval of the proposed
expansion of the Clarksburg AVA would
not affect any other existing viticultural
area, including the established Merritt
Island AVA, which is located within the
Clarksburg AVA. The proposed
expansion of the Clarksburg AVA would
allow vintners to use ‘‘Clarksburg’’ as an
appellation of origin for wines made
primarily from grapes grown within the
proposed expansion area if the wines
meet the eligibility requirements for the
appellation. The proposed AVA
expansion would not affect any vintners
using ‘‘Merritt Island’’ as an appellation
of origin on wine labels.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should expand the Clarksburg AVA as
proposed. TTB is specifically interested
in receiving comments on the similarity
of the proposed expansion area to the
established Clarksburg AVA, as well as
the differences between the proposed
expansion area and the areas outside the
Clarksburg AVA. Please provide specific
information in support of your
comments.
Submitting Comments
You may submit comments on this
notice of proposed rulemaking by using
one of the following methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this notice
within Docket No. TTB–2020–0013 on
‘‘Regulations.gov,’’ the Federal erulemaking portal, at http://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 198 on the TTB website at https://
www.ttb.gov/wine/winerulemaking.shtml. Supplemental files
may be attached to comments submitted
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via Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on 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.
Please submit your comments by the
closing date shown above in this notice.
Your comments must reference Notice
No. 198 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.
jbell on DSKJLSW7X2PROD with PROPOSALS2
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–
0013 on the Federal e-rulemaking
portal, Regulations.gov, at http://
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. 198. You may also reach the
relevant docket through the
Regulations.gov search page at http://
www.regulations.gov. For information
on how to use Regulations.gov, click on
the website’s ‘‘Help’’ tab.
VerDate Sep<11>2014
18:17 Nov 09, 2020
Jkt 253001
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 obtain 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 at
20 cents per 8.5- x 11-inch page. Please
note that TTB is unable to provide
copies of USGS maps or any similarlysized documents that may be included
as part of the AVA petition. Contact
TTB’s Regulations and Rulings Division
by email using the web form at https://
www.ttb.gov/contact-rrd, or by
telephone at 202–453–1039, ext. 175, 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 notice
of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, 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.
PO 00000
Frm 00006
Fmt 4701
Sfmt 4702
Subpart C—Approved American
Viticultural Areas
2. Section 9.95 is amended by adding
paragraph (b)(9), revising paragraphs
(c)(4) and (5), redesignating paragraphs
(c)(6) through (12) as paragraphs (c)(7)
through (13), and adding new
paragraph(c)(6) to read as follows:
■
§ 9.95
Clarksburg.
*
*
*
*
*
(b) * * *
(9) Rio Vista, Calif., 1978 (minor
revision 1993).
(c) * * *
(4) Then south along Miner Slough to
the point where it joins Cache Slough.
(5) Then south along Cache Slough to
the point where it joins the Sacramento
River.
(6) Then east, then generally
northeasterly along the meandering
Sacramento River to the point where it
meets the Delta Cross Channel at the
Southern Pacific Railroad.
*
*
*
*
*
Signed: September 5, 2020.
Mary G. Ryan,
Administrator.
Approved: October 9, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2020–24140 Filed 11–9–20; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2020–0014; Notice No.
199]
RIN 1513–AC65
Proposed Establishment of the
Ulupalakua 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 70-acre
‘‘Ulupalakua’’ viticultural area on the
island of Maui, Hawaii. The proposed
viticultural area is not within 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.
SUMMARY:
E:\FR\FM\10NOP2.SGM
10NOP2
Agencies
[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Proposed Rules]
[Pages 71722-71726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24140]
[[Page 71721]]
Vol. 85
Tuesday,
No. 218
November 10, 2020
Part II
Department of the Treasury
-----------------------------------------------------------------------
Alcohol and Tobacco Tax and Trade Bureau
-----------------------------------------------------------------------
27 CFR Part 9
Proposed Expansion of the Clarksburg Viticultural Area and
Establishment of the Ulupalakua Viticultural Area; Proposed Rules
Federal Register / Vol. 85 , No. 218 / Tuesday, November 10, 2020 /
Proposed Rules
[[Page 71722]]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2020-0013; Notice No. 198]
RIN 1513-AC62
Proposed Expansion of the Clarksburg 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
expand the approximately 64,640-acre ``Clarksburg'' viticultural area
by approximately 27,945 acres. The Clarksburg viticultural area is
located in Sacramento, Solano, and Yolo Counties, in California, and
the proposed expansion area is located in Sacramento and Solano
Counties. The established Clarksburg viticultural area and the proposed
expansion area are not located within any established viticultural
area. TTB designates viticultural areas to allow vintners to better
describe the origin of their wines and to allow consumers to better
identify wines they may purchase. TTB invites comments on this proposed
amendment to its regulations.
DATES: Comments must be received by January 11, 2021.
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-2020-0013 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 or U.S. mail 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 the establishment of an AVA and
provides that any interested party may petition TTB to establish a
grape-growing region as an AVA. Petitioners may use the same procedures
to request changes involving existing AVAs. Section 9.12(c) of the TTB
regulations (27 CFR 9.12(c)) prescribes standards for petitions for
modifying established AVAs. Petitions to expand an established AVA must
include the following:
Evidence that the region within the proposed expansion
area is nationally or locally known by the name of the established AVA;
An explanation of the basis for defining the boundary of
the proposed expansion area;
A narrative description of the features of the proposed
expansion area affecting viticulture, including climate, geology,
soils, physical features, and elevation, that make the proposed
expansion area similar to the established AVA and distinguish it from
adjacent areas outside the established AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed expansion area, with the
boundary of the proposed expansion area clearly drawn thereon; and
A detailed narrative description of the proposed expansion
area boundary based on USGS map markings.
Petition To Expand the Clarksburg AVA
TTB received a petition from James Reamer of Reamer Farms vineyard,
submitted on behalf of himself and other wine industry members,
proposing to expand the established ``Clarksburg'' AVA. The Clarksburg
AVA (27 CFR 9.95) was established by T.D. ATF-166, which published in
the Federal Register on January 23, 1984 (49 FR 2758). The Clarksburg
AVA covers approximately 64,640 acres in Sacramento, Solano, and Yolo
Counties in California. The Clarksburg AVA and the proposed expansion
area are not located within any other AVA. Although the established
Clarksburg AVA does contain the established Merritt Island AVA (27 CFR
9.68), the proposed expansion area is not adjacent to the Merritt
Island AVA and therefore would not affect the boundaries of that AVA.
The petition included a letter from the Clarksburg Winegrowers and
Vintners Association supporting the proposed expansion.
The proposed expansion area is adjacent to the southern portion of
the established AVA and entirely encompasses Grand Island and Ryer
Island, which together cover approximately 27,945 acres. The petitioner
states that within the proposed expansion area there are 350 acres of
grapevines on Grand Island and three vineyards on Ryer Island. Unless
otherwise noted, all information and data pertaining to the proposed
[[Page 71723]]
expansion area contained in this document come from the petition and
its supporting exhibits.
Name Evidence
The expansion petition provides evidence that the name
``Clarksburg'' is used to describe a region larger than just the
established Clarksburg AVA. For example, the petition included
information on three limousine tour services offering tours of the
Clarksburg region that each include at least one location within the
proposed expansion area. Baja Limo's ``Clarksburg Wine Tour'' offers a
stop at the Grand Island Vineyard's winery, which is located within the
proposed expansion area on Grand Island.\1\ Limousine Service
Sacramento's ``Clarksburg Wine Testing Tours'' also offers a stop at
the Grand Island Vineyard's tasting room and Six Hands Winery.\2\ The
Six Hands Winery is located on Andrus Island, which is adjacent to the
eastern boundary of the proposed expansion area but outside of the
established AVA. Although the winery is not within the established AVA
or the proposed expansion area, its inclusion on the tour offers
evidence that the region known as ``Clarksburg'' extends beyond the
boundaries of the Clarksburg AVA. Finally, Exotic Limousine's
``Concord-Clarksburg Wine Tour'' travels from ``Concord and the East
Bay area to [the] Clarksburg appellation,'' which includes ``some of
the very best wedding venues like the Grand Island Mansion.'' \3\ TTB
notes that the Grand Island Mansion is a historic site located within
the proposed AVA expansion area.
---------------------------------------------------------------------------
\1\ www.bajalimo.net/clarksburg-wine-tours.
\2\ www.limoservicesacramento.com/clarksburg-wine-tasting-tours.
\3\ www.limoserviceconcord.com/Concord_clarksburg_wine_tour.php.
---------------------------------------------------------------------------
Other examples of the use of the name ``Clarksburg'' to describe
the proposed expansion area includes a vacation rental listing. This
listing is for a property on Grand Island, which is within the proposed
expansion area, and is listed under the general heading of
``Clarksburg.'' \4\ Grand Island Vineyards, which is within the
proposed expansion area, is included in a list of Clarksburg wineries
on the American Winery Guide website.\5\ Finally, a map created by the
Clarksburg Wine Growers and Vintners Association titled ``Clarksburg
Appellation Wine Country'' shows the established AVA as well as Grand
Island and Ryer Island, which are within the proposed expansion area.
---------------------------------------------------------------------------
\4\ www.vrbo.com/1311885.
\5\ www.americanwineryguide.com/regions/clarksburg-ava-wineries.
---------------------------------------------------------------------------
Boundary Evidence
The established Clarksburg AVA is a roughly triangular region at
the confluence of the Sacramento River and the San Joaquin River. The
lands within the Clarksburg AVA are mostly islands surrounded by rivers
and/or sloughs. The Sacramento River Deep Water Ship Channel forms the
majority of the western boundary, while the eastern boundary is formed
by Interstate 5, a levee, and the Sacramento River. The southern
boundary is formed by the Sacramento River, Steamboat Slough, Miner
Slough, and Sutter Slough. To the north of the Clarksburg AVA is the
city of Sacramento, which is too heavily urbanized for commercial
viticulture.
The proposed expansion area is adjacent to the southern boundary of
the Clarksburg AVA and consists of Ryer Island and Grand Island. The
proposed boundary expansion would begin on the current boundary at the
intersection of Miner Slough and the levee connecting the slough to the
Sacramento River Deep Water Ship Channel. Instead of continuing east
along Miner Slough to Steamboat Slough, as the current boundary does,
the proposed boundary expansion would proceed south along Miner Slough
to its confluence with Cache Slough. The proposed boundary would then
proceed south along the Cache Slough to its confluence with the
Sacramento River and then east-northeasterly along the Sacramento River
to its intersection with the Delta Cross Channel and the Southern
Pacific Railroad near Walnut Grove. At this point, the proposed
expansion area boundary would rejoin the current Clarksburg AVA
boundary.
To the west of both the AVA and the proposed expansion area is the
Yolo Bypass that diverts floodwaters away from the city of Sacramento.
Because of its frequent flooding, the petition states that this region
is suitable only for wildlife habitat and summer annual crops. To the
east of the Clarksburg AVA and the proposed expansion area is the
Central Valley. To the south of the proposed expansion area are Andrus
Island and Brennan Island, both of which have a persistently high water
table that makes the potential for vineyards unlikely.
Distinguishing Features
The petition states that the soils, climate, and topography of the
proposed expansion area are similar to those of the established
Clarksburg AVA.
Soils
T.D. ATF-166 describes the soils of the Clarksburg AVA as poorly
drained clay and clay loam soils. Little information is given about the
soils of the surrounding regions except that viticulture to the west of
the AVA is made impossible due to the combination of soils and
flooding, and that the soils to the south of the AVA contain poorly
drained organic and mineral soils.
The expansion petition provides more detailed information about the
soils of the Clarksburg AVA and the surrounding regions. The expansion
petition states that the lands within the Clarksburg AVA and the
proposed expansion area readily fall into two groups: The alluvial fan-
basin group and the flood plain-basin-blackswamp group. These landform
groups influenced the development of the soils in the AVA. The alluvial
fan-basin group lands are found mostly in the western portion of the
Clarksburg AVA. Common soils found in these lands include the Lang,
Laugenour, Maria, Merritt, Sycamore, Tyndall, and Valdez series.
Egbert, Omni, Sacramento, and Willows soils are also present. The
eastern portion of the Clarksburg AVA is characterized by flood plain-
basin-blackswamp landforms. Soils commonly found in this region include
the Columbia, Consumnes, Lang, Laugenour, Sailboat, and Valpac series,
as well as Clear Lake, Dierssen, and Tinnin soils.
The proposed expansion area contains both flood plain-basin-
blackswamp landforms and alluvial fan-basin landforms. Grand Island, in
the eastern portion of the proposed expansion area, consists mostly of
flood plain-basin-blackswamp landforms. Soils found in both Grand
Island and the Clarksburg AVA include the Consumnes, Egbert, Laugenour,
and Sailboat series. Ryer Island, in the western portion of the
proposed expansion area, contains alluvial fan-basin landforms. Soils
of the Egbert, Sacramento, and Valdez series are found in both the
Clarksburg AVA and Ryer Island.
The expansion petition states that all of the soils of the
Clarksburg AVA and the proposed expansion area share several
characteristics, including low-to-moderate levels of organic material,
poor to somewhat-poor drainage, and a combination of silt, clay, sand,
and loam. Because of the poor drainage quality of the soils in both the
proposed expansion area and the Clarksburg AVA, a well-placed and
maintained system of ditches and canals is necessary, as are tile
drains in some locations. The
[[Page 71724]]
drainage systems lower the water table and allow the vineyard root
zones to become better aerated. As a result, a better environment is
created for the bottom of the vine trunks and the major roots that
originate for them. The petition states that ridges in the vine rows
called berms also allow for better drainage and are common features in
both the AVA and the proposed expansion area. Additionally, vineyard
owners often use rootstocks with greater-than-average tolerances of wet
soils in order to limit the risk of significant root dieback and root
diseases.
None of the alluvial fan-basin landform soils found in the proposed
expansion area and the Clarksburg AVA are found in the regions to the
east and south. These regions also contain a type of marshland soil
called Rindge mucky silt loam, which is not found in either the
Clarksburg AVA or the proposed expansion area. Furthermore, the soils
to the east and south contain greater concentrations of organic matter.
To the west of the proposed expansion area and the Clarksburg AVA, the
common soils include the Capay and Pescadero series, which are not
found in either the proposed expansion area or the AVA.
Climate
T.D. ATF-166 included precipitation as a distinguishing feature of
the Clarksburg AVA, stating that the AVA received an average of 16
inches of rain annually. The regions to the north and east were
described as having higher annual rainfall amounts, while the regions
to the south and west had lower annual amounts. T.D. ATF-166 also
briefly discussed temperature, noting that Sacramento, which is north
of the Clarksburg AVA, is generally 8 to 10 degrees warmer than the AVA
in the summer.
The proposed expansion petition includes information about the
average annual rainfall amounts of the Clarksburg AVA and the
surrounding regions, which suggest that the Clarksburg AVA receives
less rainfall annually than the surrounding regions. However, the
petition did not include annual average rainfall amounts from within
the proposed expansion area for comparison. The proposed expansion
petition did include the growing season rainfall amounts \6\ for a
location on Ryer Island, within the proposed expansion area, and from
within the Clarksburg AVA. The data shows that during the growing
seasons from 2013 to 2017, the Ryer Island location received a total of
2.5 inches of rain, while the Clarksburg AVA location received 3.1
inches. However, the proposed expansion petition did not include
growing season rainfall amounts from the surrounding regions for
comparison, so TTB is unable to determine if the growing season
rainfall amounts within the proposed expansion area are more similar to
those of the Clarksburg AVA than to those of the surrounding regions.
---------------------------------------------------------------------------
\6\ The growing season is defined as April 1 through October 31.
---------------------------------------------------------------------------
The expansion petition also provides more detailed information on
temperatures in the region than what was included in T.D. ATF-166. The
information on the growing season mean, maximum, and minimum
temperatures from within the Clarksburg AVA and the proposed expansion
area is included in the following table, and suggests that the climate
of the proposed expansion area is similar to that of the Clarksburg
AVA. The petition states that temperature within the Clarksburg AVA and
the proposed expansion area are suitable for growing a variety of wine
grapes, including Pinot Noir, Pinot Gris, and Chardonnay.
---------------------------------------------------------------------------
\7\ Data source: Lodi Winegrape Commission via Western Weather
Group, 2013-2017. https://lodi.westernweathergroup.com.
\8\ Data source: Private weather station at Reamer Farms, 2012-
2014, and Ranch Systems, 2016-2017.
\9\ Data source: Lodi Winegrape Commission via Western Weather
Group, 2013-2017. https://lodi.westernweathergroup.com.
\10\ Data source: Private weather station at Rio Viento
Vineyard, 2012-2014, and Ranch Systems, 2016-2017.
Table--Growing Season Temperature Averages in Degrees Fahrenheit
----------------------------------------------------------------------------------------------------------------
Location Mean Maximum Minimum
----------------------------------------------------------------------------------------------------------------
Within Clarksburg AVA
----------------------------------------------------------------------------------------------------------------
Clarksburg \7\.................................................. 67.7 85.8 52.3
----------------------------------------------------------------------------------------------------------------
Lake Winchester \8\............................................. 67.8 85.0 53.2
----------------------------------------------------------------------------------------------------------------
Within Proposed Expansion Area
----------------------------------------------------------------------------------------------------------------
Ryer Island \9\................................................. 68.7 85.1 53.3
----------------------------------------------------------------------------------------------------------------
Grand Island \10\............................................... 67.8 83.7 53.4
----------------------------------------------------------------------------------------------------------------
The expansion petition also includes graphs showing the average
growing season mean, minimum, and maximum temperatures gathered from
the Western Regional Climate Center \11\ for a weather station location
within the Clarksburg AVA and 10 weather station locations in the
surrounding regions. For each location, the data was collected from a
minimum of 38 years, which provides a broad picture of the climate of
the region.\12\ The graphs do not include data from within the proposed
expansion area. However, the other data in the petition demonstrates
that the proposed expansion area has temperatures similar to the
Clarksburg AVA. Therefore, TTB believes that the Clarksburg location
used in the graphs is an acceptable stand-in for the proposed expansion
area for the purpose of comparison to the surrounding regions.
---------------------------------------------------------------------------
\11\ www.wrcc.dri.edu.
\12\ For a listing of all weather station locations and the
period of record for each, see Exhibit 9 of the expansion petition
in Docket TTB-2020-0013 at www.regulations.gov.
---------------------------------------------------------------------------
The graphs show that the location within the Clarksburg AVA had the
lowest growing season mean temperature of all the locations.
Additionally, the Clarksburg location had a lower growing season
maximum temperature than all but two of the locations and a lower
average growing season minimum temperature than all but three of the
locations. Most notably, the temperatures for the Clarksburg location
were all lower than the temperatures for the two Sacramento weather
stations, supporting the claim in T.D. ATF-166 that temperatures in the
Clarksburg AVA are typically lower
[[Page 71725]]
than those in Sacramento to the north of the AVA.
Topography
T.D. ATF-166, which established the Clarksburg AVA, did not
consider topography to be a distinguishing feature of the Clarksburg
AVA, only noting that the ``lower terraces to the east'' of the AVA are
prone to flooding.\13\ However, the expansion petition includes
topographic information to demonstrate that the proposed expansion area
is more topographically similar to the Clarksburg AVA than the
surrounding regions outside the AVA. The petition includes a table of
the highest and lowest elevations from locations within the Clarksburg
AVA, which is north of the proposed expansion area, as well as from
within the proposed expansion area and the regions to the south, west,
and east.
---------------------------------------------------------------------------
\13\ 48 FR 2759.
---------------------------------------------------------------------------
The expansion petition states that due to the low elevations
throughout the Sacramento Delta, the islands once regularly flooded.
The entire delta would flood periodically during spring tides and river
floods, and the islands furthest downstream would flood daily during
high tides. However, a system of levees, open ditches, and canals has
made viticulture possible within the Clarksburg AVA and the proposed
expansion area. Within the proposed expansion area, elevations range
from a lowest point of 10 feet below sea level to a highest point of 5
feet above sea level. Within the current boundaries of the Clarksburg
AVA, elevations range from 10 feet below sea level to 10 feet above sea
level.
By comparison, elevations in the surrounding regions are generally
lower than within the Clarksburg AVA and the proposed expansion area.
The region east of the proposed expansion area has elevations between
15 feet below sea level on Tyler Island and Staten Island, and 5 feet
above sea level at the city of Walnut Grove and the upper portion of
Andrus Island. To the south of both the AVA and proposed expansion
area, elevations range from 20 feet below sea level to 0 feet above sea
level. To the west of the proposed expansion area, elevations range
from 5 feet below sea level on Liberty Island and the Egbert Tract
Reclamation District to a high of 10 feet above sea level on the Egbert
Tract. The petition states that the generally lower elevations in the
surrounding regions also mean that the depths to water tables are
appreciably shallower than within the AVA and the proposed expansion
area. As a result, functional root zones are very shallow, and the
potential for viticulture in these regions is feasible but limited.
Although topography was not considered to be a distinguishing
feature of the Clarksburg AVA in T.D. ATF-166, we are including a
discussion of topography in this proposed rule because TTB agrees that
the range of elevations within the proposed expansion area appears to
be similar to that of the Clarksburg AVA. The data in the expansion
petition suggests that the regions to the south and east have lower
elevations than both the proposed expansion area and the Clarksburg
AVA. While the data indicates that the elevations to the west of the
proposed expansion area are within the range of those of the Clarksburg
AVA, the frequency of flooding in the Yolo Bypass would be a logical
reason for not including it in the proposed expansion area. TTB is
seeking comment on whether the topography of the proposed expansion
area provides additional support for including the proposed expansion
area in the established AVA.
TTB Determination
TTB concludes that the petition to expand the boundaries of the
established Clarksburg 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
expansion area in the proposed regulatory text published at the end of
this proposed rule.
Maps
The proposed boundary change to the Clarksburg AVA would affect the
portion of the current AVA boundary shown on the 1:24,000 scale Liberty
Island, Isleton, and Courtland quadrangle maps, and would add the
1:24,000 scale Rio Vista quadrangle map to the list of maps in the
regulatory text of 27 CFR 9.95. The petitioner included copies of these
maps in the expansion petition. You may also view a map of the proposed
expansion of the Clarksburg 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.
The approval of the proposed expansion of the Clarksburg AVA would
not affect any other existing viticultural area, including the
established Merritt Island AVA, which is located within the Clarksburg
AVA. The proposed expansion of the Clarksburg AVA would allow vintners
to use ``Clarksburg'' as an appellation of origin for wines made
primarily from grapes grown within the proposed expansion area if the
wines meet the eligibility requirements for the appellation. The
proposed AVA expansion would not affect any vintners using ``Merritt
Island'' as an appellation of origin on wine labels.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should expand the Clarksburg AVA as proposed. TTB is
specifically interested in receiving comments on the similarity of the
proposed expansion area to the established Clarksburg AVA, as well as
the differences between the proposed expansion area and the areas
outside the Clarksburg AVA. Please provide specific information in
support of your comments.
Submitting Comments
You may submit comments on this notice of proposed rulemaking by
using one of the following methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2020-
0013 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under
Notice No. 198 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
[[Page 71726]]
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.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 198 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-2020-0013 on the Federal e-
rulemaking portal, Regulations.gov, at http://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. 198. You may
also reach the relevant docket through the Regulations.gov search page
at http://www.regulations.gov. For information on how to use
Regulations.gov, click on the website'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 obtain 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 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 by email using the web form at https://www.ttb.gov/contact-rrd, or by telephone at 202-453-1039, ext. 175, 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 notice of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Section 9.95 is amended by adding paragraph (b)(9), revising
paragraphs (c)(4) and (5), redesignating paragraphs (c)(6) through (12)
as paragraphs (c)(7) through (13), and adding new paragraph(c)(6) to
read as follows:
Sec. 9.95 Clarksburg.
* * * * *
(b) * * *
(9) Rio Vista, Calif., 1978 (minor revision 1993).
(c) * * *
(4) Then south along Miner Slough to the point where it joins Cache
Slough.
(5) Then south along Cache Slough to the point where it joins the
Sacramento River.
(6) Then east, then generally northeasterly along the meandering
Sacramento River to the point where it meets the Delta Cross Channel at
the Southern Pacific Railroad.
* * * * *
Signed: September 5, 2020.
Mary G. Ryan,
Administrator.
Approved: October 9, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2020-24140 Filed 11-9-20; 8:45 am]
BILLING CODE 4810-31-P