Proposed Establishment of the Upper Lake Valley Viticultural Area and Modification of the Clear Lake Viticultural Area, 20102-20111 [2021-07626]
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Federal Register / Vol. 86, No. 72 / Friday, April 16, 2021 / Proposed Rules
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting
Points, dated July 21, 2020, and
effective September 15, 2020, is
amended as follows:
■
*
*
*
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.
Comments must be received by
June 15, 2021.
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.
DATES:
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–2021–0001 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 obtain copies of
this document, its supporting materials,
and any comments related to this
proposal.
ADDRESSES:
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
Upper Lake Valley viticultural area is
wholly within it. Both the established
Clear Lake viticultural area and the
proposed Upper Lake Valley viticultural
area are entirely within the established
North Coast viticultural area. TTB
designates viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase. TTB invites comments on
these proposals.
*
ACE KS E5 Scott City, KS [Amended]
Scott City Municipal Airport, KS
(Lat. 38°28′30″ N, long. 100°53′04″ W)
That airspace extending upward from 700
feet above the surface within a 6.5-mile
radius of Scott City Municipal Airport.
Issued in Fort Worth, Texas, on April 8,
2021.
Martin A. Skinner,
Manager, Operations Support Group, ATO
Central Service Center.
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.
[FR Doc. 2021–07579 Filed 4–15–21; 8:45 am]
BILLING CODE 4910–13–P
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
DEPARTMENT OF THE TREASURY
TTB Authority
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2021–0001; Notice No.
200]
RIN 1513–AC73
Proposed Establishment of the Upper
Lake Valley Viticultural Area and
Modification of the Clear Lake
Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 17,360-acre
‘‘Upper Lake Valley’’ viticultural area in
Lake County, California. TTB also
proposes to expand the boundary of the
existing 1,093-square mile Clear Lake
viticultural area so that the proposed
SUMMARY:
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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).
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Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA or
modifying the boundary of an
established AVA, and provides that any
interested party may petition TTB to
establish a grape-growing region as an
AVA or to modify the boundary of an
established 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, or
modify the boundary of an AVA, must
include the following:
• Evidence that the area within the
proposed AVA boundary, or the region
within the proposed expansion area, 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 or defining the boundary of the
proposed expansion area;
• A narrative description of the
features of the proposed AVA or
proposed expansion area affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA or
expansion area distinctive and
distinguish it from adjacent areas
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outside the proposed AVA boundary or
established AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA or proposed expansion area, with
the boundary of the proposed AVA or
proposed expansion area clearly drawn
thereon;
• If the proposed AVA or proposed
expansion area is to be established
within, or overlapping, an existing
AVA, an explanation that both identifies
the attributes of the proposed AVA or
proposed expansion area that are
consistent with the existing AVA, and
explains how the proposed AVA or
proposed expansion area is sufficiently
distinct from the existing AVA and
therefore appropriate for separate
recognition; and
• A detailed narrative description of
the proposed AVA or proposed
expansion area boundary based on
USGS map markings.
Petition To Establish the Upper Lake
Valley AVA and Modify the Boundary
of the Clear Lake AVA
TTB received a petition from Terry
Dereniuk, on behalf of the Growers of
Upper Lake Valley, proposing the
establishment of the ‘‘Upper Lake
Valley’’ AVA. The proposed Upper Lake
Valley AVA is located within Lake
County, California, and lies within the
established North Coast AVA (27 CFR
9.30) and partially within the
established Clear Lake AVA (27 CFR
9.99). The proposed AVA contains
approximately 17,360 acres and has 16
commercially-producing vineyards
covering a total of approximately 300
acres. At the time the petition was
submitted, at least one additional
vineyard was planned within the
proposed AVA.
Although most of the proposed Upper
Lake Valley AVA is located within the
existing Clear Lake AVA, a small
portion of the northwest corner of the
proposed AVA would, if established,
extend beyond the boundary of the
Clear Lake AVA. To address the overlap
of the two AVAs and account for
viticultural similarities between the
proposed Upper Lake Valley AVA and
the larger Clear Lake AVA, the petition
also proposes to expand the boundary of
the Clear Lake AVA so that the entire
proposed Upper Lake Valley AVA
would be included within the Clear
Lake AVA.
According to the petition, the
distinguishing features of the proposed
Upper Lake Valley AVA include its
hydrogeology, soils, and climate.
Although the petition included
information on the geology of the
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proposed AVA and the surrounding
regions, TTB determined that geology is
such an integral part of hydrogeology
and the characteristics of the aquifers
the waters therein that it should not be
considered a distinguishing feature
separate from hydrogeology. Unless
otherwise noted, all information and
data pertaining to the proposed AVA
contained in this document are from the
petition for the proposed Upper Lake
Valley AVA and its supporting exhibits.
Proposed Upper Lake Valley AVA
Name Evidence
The proposed Upper Lake Valley
AVA is located along the northern shore
of Clear Lake and incorporates the town
of Upper Lake, California. The
petitioners proposed the name ‘‘Upper
Lake Valley’’ to reflect the proposed
AVA’s topography of alluvial valley
floors and the surrounding hillsides.
The petition included evidence that the
name has been used to describe the
region of the proposed AVA since the
late 1800’s. For example, an 1881 book
about the history of Lake County makes
several references to ‘‘Upper Lake
Valley.’’ 1 The book contains a list of
geographical features in Lake County,
including an entry for ‘‘Upper Lake
Valley,’’ which is located ‘‘around the
head of Clear Lake, and is eight miles
long and from one to five miles wide.’’ 2
In another reference, the book notes that
an 1842 land grant included ‘‘a part of
Upper Lake Valley.’’ 3 A third reference
in the book states that a series of valleys,
including Bachelor Valley, ‘‘all center
around the head of Clear Lake, and form
what is known as Upper Lake Valley.’’ 4
TTB notes that Bachelor Valley is
located within the proposed Upper Lake
Valley AVA.
The petition also included examples
of the current use of the name ‘‘Upper
Lake Valley’’ to describe the region of
the proposed AVA. For example, the
Lake County Groundwater Management
Plan 5 makes multiple references to the
Upper Lake Valley groundwater basin
and includes a map 6 which shows the
1 Palmer, Lyman L., Wallace, W.F., and Wells,
Harry L. History of Napa and Lake Counties,
California. San Francisco: Slocum, Bowen & Co.,
1881. See Exhibit 6 of the Name Evidence
Appendix to the petition in Docket TTB–2021–0001
at https://www.regulations.gov.
2 Ibid. page 5.
3 Ibid. page 70.
4 Ibid. page 191.
5 https://www.lakecountyca.gov/Assets/
Departments/WaterResources/IRWMP/Lake+
County+Groundwater+Managment+Plan.pdf. See
Exhibit 1 of the Name Evidence Appendix to the
petition.
6 See Figure 1–1 of the Lake County Groundwater
Management Plan, which is included in Exhibit 1
of the Name Evidence Appendix to the petition.
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basin covering the region of the
proposed AVA. The Lake County
Winegrape Commission’s web page
notes, ‘‘Mountain valleys around Clear
Lake, including Big Valley District,
Upper Lake Valley, Clover Valley,
Bachelor Valley, and Scotts Valley, are
level with deep alluvial deposits.’’ 7 A
real estate website 8 and a website for
finding city sales tax rates 9 both include
listings for ‘‘Upper Lake/Upper Lake
Valley.’’ Finally, a recent newspaper
article about the history of growing
green beans in the region of the
proposed AVA states that a prominent
bean farmer’s ‘‘acreage was located in
the Upper Lake valley [sic].’’ 10
Boundary Evidence
The proposed Upper Lake Valley
AVA encompasses a series of valleys,
along with their surrounding hillsides,
that run in a north-northeasterly
direction from the shores of Clear Lake.
The northern boundary is generally
concurrent with the northern boundary
of the established Clear Lake AVA and
separates the proposed AVA from the
higher, rugged elevations of the
Mendocino National Forest. The eastern
boundary follows the 1,600-foot
elevation contour and also separates the
proposed AVA from the Mendocino
National Forest. The southern boundary
follows the northern shore of Clear
Lake. A portion of the western boundary
follows a series of roads and the 1,600foot elevation contour to separate the
proposed AVA from the higher terrain
of the Mayacamas Mountains. The
remainder of the western boundary is a
straight line between points that is
concurrent with the established Clear
Lake AVA boundary and also separates
the proposed AVA from the Mayacamas
Mountains.
Distinguishing Features
The distinguishing features of the
proposed Upper Lake Valley AVA are
its hydrogeology, soils, and climate.
Hydrogeology
According to the petition, the
proposed Upper Lake Valley AVA has
four identified water-bearing
formations: Quaternary alluvium;
Pleistocene terrace deposits; Pleistocene
lake and floodplain deposits; and Plio7 https://www.lakecountywinegrape.org/region/
terroir/soils. See Exhibit 2 of the Name Evidence
Appendix to the petition.
8 www.redfin.com. See Exhibit 4 of the Name
Evidence Appendix to the petition.
9 www.sale-tax.com/UpperLakeUpperLake
ValleyCA. See Exhibit 3 of the Name Evidence
Appendix to the petition.
10 www.record-bee.com/2016/06/17/blue-lakesgreen-beans. See Exhibit 5 of the Name Evidence
Appendix to the petition.
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pleistocene cache creek. These
formations make up the Upper Lake
Groundwater Basin, which covers the
majority of the proposed AVA. The
Quaternary alluvium and Pleistocene
terrace, lake, and floodplain deposits are
the primary sources of groundwater
within the proposed AVA. The petition
states that groundwater levels within
the Upper Lake Groundwater Basin are
generally within 10 feet of the surface
and fluctuate between 5 and 15 feet
lower in the fall. Lowering of water
levels during dry months is not
excessive and is balanced by rapid
recovery of water level elevations
during the wet months.
According to a bulletin from the
California Department of Water
Resources, the predominant
groundwater types in the Upper Lake
Groundwater Basin are magnesium
bicarbonate and calcium carbonate
water.11 The bulletin also shows high
iron, manganese, and calcium levels in
the groundwater, as well as high
electrical conductivity. Boron was
detected in some wells used in the
bulletin’s analysis, but high boron levels
are not associated with the groundwater
in the proposed Upper Lake Valley
AVA. The bulletin’s analysis showed a
total dissolved solids average of 500 mg/
L.
The petition states that water for
irrigation is critical for wine grape
production within the proposed AVA.
The water quality in the proposed
Upper Lake Valley AVA is suitable for
irrigation and has few impediments.
The high levels of calcium are desirable,
since low levels of calcium may cause
deficiencies in vine growth. Low levels
of boron in the groundwater are also
desirable for irrigation purposes, as
levels of 2 mg/L and above are toxic to
most plants. The low levels of dissolved
solids are also beneficial, since total
dissolved solids levels above 2,000 mg/
L are very likely to cause vine growth
problems. However, the high iron and
manganese levels in the water of the
proposed AVA can cause irrigation
equipment to clog.
The Gravelly Valley Groundwater
Basin lies to the north of the proposed
Upper Lake Valley AVA, within the
Mendocino National Forest. The
petition states that no additional
information was available about this
basin. To the east of the proposed AVA
lies the High Valley Groundwater Basin,
11 California Department of Water Resources.
California’s Ground Water Bulletin 118. California
Department of Water Resources: 1975. Updated
2004; see https://water.ca.gov/-/media/DWRwebsite/web pages/Programs/GroundwaterManagement/Bulletin-118/Files/2003-BasinDescriptions/5_013_UpperLake.pdf.
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which is formed by rocks of the JurassicCretaceous Franciscan Formation and
Quaternary Holocene volcanics. The
groundwater is characterized as
magnesium bicarbonate with high levels
of ammonia, phosphorous, chloride,
iron, boron, and manganese. During the
spring, the High Valley Groundwater
Basin water level is 10 to 30 feet below
the surface, with the summer drawdown
5 to 10 feet below the spring level.
Spring groundwater levels have
fluctuated widely over the years, with
incidences of slow recovery after
periods of drought.
Additionally, Clear Lake is to the
immediate south of the proposed AVA,
while the Big Valley Groundwater Basin
is farther south. The prominent
groundwater formations in this basin are
Quaternary Alluvium and Upper
Pliocene to Lower Pliocene Volcanic
Ash Deposit. California Groundwater
Bulletin 118 notes that boron is an
impairment in the water in some parts
of the Big Valley Groundwater Basin.12
Groundwater levels in the northern
portion of the Big Valley Basin are
usually 5 feet below the surface and
decrease 10 to 50 feet during the
summer. In the uplands of the basin, the
depth to water in the spring is much
deeper, ranging from 70 to 90 feet below
the surface and dropping an additional
30 to 40 feet over the summer. To the
west of the proposed AVA is the Scotts
Valley Groundwater Basin, which
consists of rocks from the JurassicCretaceous Franciscan Formation.
California Groundwater Bulletin 118
lists iron, manganese, and boron as
impairments of groundwater in this
basin.13 Depth to water in the spring is
10 feet below the surface on the average,
with spring to summer drawdown
ranging from 30 to 60 feet below spring
levels depending on location across the
Scotts Valley Groundwater Basin.
Soils
According to the petition, many
different soil series make up the soils of
the proposed Upper Lake Valley AVA.
However, three general soil map units
broadly characterize the area:
Millsholm-Skyhigh-Bressa; Still12 California Department of Water Resources.
California’s Ground Water Bulletin 118. California
Department of Water Resources: 1975. Updated
2004; https://water.ca.gov/-/media/DWR-website/
web pages/Programs/Groundwater-Management/
Bulletin-118/Files/2003-Basin-Descriptions/5_015_
BigValley.pdf.
13 California Department of Water Resources.
California’s Ground Water Bulletin 118. California
Department of Water Resources: 1975. Updated
2004; https://water.ca.gov/-/media/DWR-website/
web pages/Programs/Groundwater-Management/
Bulletin-118/Files/2003-Basin-Descriptions/5_014_
ScottsValley.pdf.
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Lupoyoma; and Tulelake-FluvaquenticHaplawuolls. Soils from these three
units make up over 56 percent of the
total area of the proposed AVA.
Millsholm-Skyhigh-Bressa soils are
formed from sandstone and shale and
are primarily loams and clay loams.
These soils are moderately deep,
moderately-well to well-drained, and
have slopes that range from moderately
sloping to steep. Soils from the StillLupoyoma general map unit occur on
the nearly-level valley floors and consist
of loams and silt loams. These soils are
very deep, with rooting depths of 60
inches or more, and are moderately-well
to well-drained. Soils from the TulelakeFluvaquentic-Haplawuolls map unit
occur in marshy and reclaimed areas
around Clear Lake and Tule Lake. Soils
of this unit are very deep silty clay
loams with poor to very poor drainage.
The petition states that soil
composition, depth, and drainage are
key components of vine and fruit
development. According to the petition,
most of the vineyards in the proposed
Upper Lake Valley AVA are planted on
Still-Luopyoma soils due to the gentle
slopes, which create less of an erosion
hazard and provide good drainage.
These soils are also deep, which allows
the roots to extend farther than in
shallow soils. Grapevines are ‘‘deeprooted plants that fully explore the soil
to 6 to 10 feet or more if root penetration
is not obstructed by hardpan,
impervious clay substratum, toxic
concentrations of salts, or a free water
table.’’ 14 The petition states that soils of
the Tulelake-Fluvaquentic-Haplawuolls
map unit, which are also very deep, may
also be suitable for viticulture where
poor drainage can be mitigated.
Although soils of the MillsholmSkyhigh-Bressa map unit are more
shallow than soils of the other two map
units, the petition states that shallow
soils can also be desirable for viticulture
because ‘‘[t]he quality of fruit is better,
although yields are usually lower, on
soils * * * limited in depth by
hardpan, rocks, or clay substrata.’’ 15
However, because these soils are found
on steeper slopes, there is a risk of
erosion.
To the north of the proposed Upper
Lake Valley AVA, within the
Mendocino National Forest, the soils
belong to the Maymen-Etsel and the
Sanhedrin-Speaker-Kekawaka soil map
units. These soils are not very prevalent
in the proposed AVA and are described
as shallow soils with outcroppings of
14 Albert J. Winkler et al., General Viticulture
(Berkeley: University of California Press, 2nd ed.
1974, page 71.
15 Ibid, page 71.
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large stones, including greywackes and
sandstone. To the east of the proposed
AVA, the most common soil map units
are the Maymen-Etsel, SobranteGuenoc-Hambright, and the SanhedrinSpeaker-Kekawaka units, which are also
not common within the proposed AVA
and occur mostly on very steep slopes.
South of the proposed AVA, within the
Big Valley District AVA (27 CFR 9.232),
the soils belong to the Cole-Clear Lake
Variant-Clear Lake general soil map
unit. To the west of the proposed AVA,
the soils are from the MillsholmSkyhigh-Bressa soil map unit and then
transition to the Maymen-Etsel soil map
unit in the higher elevations of the
Mayacamas Mountains.
Climate
The petition for the proposed Upper
Lake Valley AVA included information
on the climate of the region, including
rainfall, frost-free days, wind, and
growing degree days.
Rainfall. According to the petition,
rainfall amounts in Lake County vary
greatly due to the rapid changes in
topography between the higher
elevations of the Mayacamas Mountains
in the western portion of the county and
the lower elevations of Bachelor, Middle
Creek, and Clover Creek Valleys, where
the proposed AVA is located. The table
below shows the average annual rainfall
amounts for the weather station in
Upper Lake, California, which is within
the proposed AVA, for the years 2011
through 2016. The data was collected by
the Western Weather Group 16 on behalf
of the Lake County Winegrape
Commission. Data was unavailable for
2013.
The average annual rainfall amount
for the available years was 33.96. The
petition states that, although rainfall
data was not available from the weather
station for 2013, the average rainfall
amounts for the available years is
comparable to the average rainfall
recorded by the Western Region Climate
Center 17 for the period of January 1,
1893, through November 12, 2006,
which is 34.09 inches.
The petition also included annual
predicted rainfall amounts for the Upper
Lake Groundwater Basin, where the
TABLE 1—AVERAGE ANNUAL RAINFALL proposed AVA is located, and the
AMOUNTS FOR UPPER LAKE WEATH- surrounding groundwater basins. The
data shows that annual predicted
ER STATION
rainfall amounts for the Upper Lake
Groundwater Basin are higher than the
Rainfall
Year
amount
predicted amounts for each of the
(inches)
surrounding basins, except for the basin
to the north of the proposed AVA.
2016 ........................................ 41.43.
2015
2014
2013
2012
2011
........................................
........................................
........................................
........................................
........................................
20.53.
38.34.
unavailable.
41.08.
28.43.
TABLE 2—ANNUAL PREDICTED RAINFALL AMOUNTS 18
Rainfall
amounts
(inches)
Basin name
Direction from proposed AVA
Upper Lake Basin .......................................................................
Big Valley Basin .........................................................................
High Valley Basin .......................................................................
Scotts Valley Basin .....................................................................
Gravelly Valley Basin .................................................................
Within ..........................................................................................
South ..........................................................................................
East ............................................................................................
West ...........................................................................................
North ...........................................................................................
The petition states that the high
annual rainfall amounts in the proposed
Upper Lake Valley AVA recharge the
Upper Lake Groundwater Basin, which
is used for irrigation. The rainfall
amounts are also sufficient during the
growing season to provide hydration for
grapevines. The petition states that
grapes require an average of 8 to 11 acre
inches of water per year in order to
successfully produce and ripen fruit.19
Frost-free days. According to the
petition, the growing season, which is
broadly defined as the number of days
between the last frost event in the spring
and the first frost event in the fall, is an
important indicator for successful wine
grape cultivation. The following table
shows the median, maximum, and
35–43
22–35
27–35
31–35
49
minimum number of frost-free days
recorded at the Upper Lake climate
station from 2011 through 2016,20 as
well as from the seven established
AVAs in Lake County, which were
derived from the 1971–2000 climate
normals.21 Data was not provided for
the region to the north of the proposed
AVA.
TABLE 3—FROST-FREE DAYS
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AVA name (direction from proposed AVA)
Median
Upper Lake Valley .......................................................................................................................
Big Valley District–Lake County (South) .....................................................................................
Kelsey Bench–Lake County (South) ...........................................................................................
Clear Lake (Encompasses) .........................................................................................................
Guenoc Valley (Southeast) ..........................................................................................................
High Valley (East) ........................................................................................................................
16 https://www.westernwx.com/LakeCo/.
17 www.wrcc.dri.edu/cgi-bin/cliMAIN.pl?ca9173.
18 California Department of Water Resources.
California’s Ground Water Bulletin 118. California
Department of Water Resources: 1975. Updated
2004.
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19 Ryan Keiffer, Agricultural Technician, UCCE
Mendocino, and Dr. Broc Zoller, Pest Control
Advisor, Kelseyville. Vineyard Water Use in Lake
County, California. December 1, 2014.
20 Data collected by the Western Weather Group
on behalf of the Lake County Winegrape
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Maximum
202
195
198
200
216
236
232
228
227
260
261
255
Minimum
172
190
192
174
211
190
Commission; see https://www.westernwx.com/
LakeCo/.
21 Jones, G. V. (2014). Climate Characteristics for
Winegrape Production in Lake County, California.
Open Report to the Lake County Winegrape
Commission. p. 14.
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TABLE 3—FROST-FREE DAYS—Continued
AVA name (direction from proposed AVA)
Median
Red Hills Lake County (South) ....................................................................................................
Benmore Valley (West) ................................................................................................................
The data in the table indicates that the
proposed Upper Lake Valley AVA has
substantially shorter median, maximum,
and minimum frost-free periods than
the established AVAs to the east,
southeast, and west, and a longer frostfree period than the established AVAs to
the south, except for the Red Hills Lake
County AVA (27 CFR 9.169). The
proposed AVA has a frost-free period
similar in length to that of the Clear
Lake AVA, which encompasses the
proposed AVA and also includes the Big
Valley District–Lake County (27 CFR
9.232), Kelsey Bench–Lake County (27
CFR 9.233), High Valley (27 CFR 9.189),
and Red Hills Lake County AVAs.
The petition states that the length of
the frost-free period for a region impacts
viticulture. Spring frosts that occur after
bud break can cause tender shoots and
forming grape clusters to burn and die,
resulting in crop loss and lower yields.
Early fall frosts impact the ability of
sugar levels in the grapes to reach a
desirable Brix level.
Wind. The petition states that the
winds in the proposed Upper Lake
Valley AVA are influenced by the
mountains that lie to the west, north,
and east, and by Clear Lake to the south.
Winds within the proposed AVA are
predominantly from the south-southeast
or north during the daytime and from
the north during the night. Wind speeds
within the proposed AVA are lower
than within many other parts of Lake
County, but the winds are frequent
during both the day and night. Winds
are calm (below 1 mile per hour) only
2.23 percent of the time during daytime
hours and 3.04 percent of the time
during nighttime hours.22 The highest
daytime wind speeds range from 11 to
Maximum
241
248
255
250
Minimum
194
243
20 miles per hour but only occurred
1.25 percent of the time. Wind speeds
between 1 and 5 miles per hour
accounted for 82.88 of the daytime wind
speeds. Nighttime wind speeds were
also mostly between 1 and 5 miles per
hour, accounting for 88.86 of the
nighttime wind speeds. Wind speeds
above 20 miles per hour were not
recorded within the proposed AVA.
The petition included wind speed
information from the Kelsey Bench–
Lake County, Red Hills Lake County,
and Guenoc Valley AVAs (27 CFR 9.26)
for comparison. That information is
presented in the table below and was
collected from the same time period as
the wind speed data from the proposed
AVA. TTB notes that none of the
surrounding region had wind speeds
above 30 miles per hour.
TABLE 4—DAYTIME WIND SPEED DATA FOR SURROUNDING REGIONS
Frequency of wind speed
(percent)
Region
(direction from proposed AVA)
<1
mile per hour
Kelsey Bench–Lake County (South) ....................................
Red Hills Lake County (South) ............................................
Guenoc Valley (Southeast) ..................................................
1–5
miles per hour
6–10
miles per hour
11–20
miles per hour
21–30
miles per hour
64.02
71.22
77.23
22.08
21.34
7.43
5.46
2.23
3.96
0
0
0.5
8.44
5.21
10.89
TABLE 5—NIGHTTIME WIND SPEED DATA FOR SURROUNDING REGIONS
Frequency of wind speed
(percent)
Region
(direction from proposed AVA)
<1
mile/hour
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Kelsey Bench-Lake County (South) ....................................
Red Hills Lake County (South) ............................................
Guenoc Valley (Southeast) ..................................................
Although the predominant daytime
and nighttime wind speeds in the
proposed AVA and the surrounding
regions were between 1 and 5 miles per
hour, the proposed Upper Lake Valley
had the greatest percent of wind speeds
within that range. The proposed AVA
also had the smallest percentage of calm
winds, defined as wind speeds of less
than 1 mile per hour. The proposed
AVA also did not record any wind
1–5
miles/hour
12.66
11.42
10.89
6–10
miles/hour
69.87
65.23
77.23
speeds over 20 miles per hour, whereas
the Kelsey Bench–Lake County AVA
recorded daytime wind speeds over 20
miles per hour and the Guenoc Valley
AVA recorded both daytime and
nighttime wind speeds over 20 miles
per hour.
The petition states that air movement
keeps the fruit and canopies cool and
dry. In this way, the air movement plays
a key role by preventing mildew and
other pests in the vineyard and
11.90
21.83
7.43
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5.06
1.52
3.96
21–30
miles/hour
0.51
0
0.5
translates to a lesser need for
application of pesticides.
Heat summation. The petition
provided information on the heat
summation values of the proposed
Upper Lake Valley AVA and the
surrounding regions. Heat summation is
calculated as the sum of the mean
monthly temperature above 50 degrees
Fahrenheit (F) during the growing
season from April 1 to October 31 and
is expressed as growing degree days
22 Data collected by the Western Weather Group
from 2008–2013.
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11–20
miles/hour
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(GDDs). A baseline of 50 degrees F is
used because there is almost no shoot
growth below this temperature.23 The
following table is derived from
information in the petition and shows
the median, maximum, and minimum
GDD accumulations for the proposed
Upper Lake Valley AVA and the
surrounding regions.24 GDD information
was not provided for the region to the
north of the proposed AVA.
TABLE 6—GROWING DEGREE DAYS
Region
(direction from proposed AVA)
Median
Proposed AVA .............................................................................................................................
Clear Lake (Encompasses) .........................................................................................................
High Valley (East) ........................................................................................................................
Guenoc Valley (Southeast) ..........................................................................................................
Big Valley District–Lake County (South) .....................................................................................
Kelsey Bench–Lake County (South) ...........................................................................................
Red Hills Lake County (South) ....................................................................................................
Benmore Valley (West) ................................................................................................................
According to the data in the table, the
proposed Upper Lake Valley AVA has a
lower median GDD accumulation than
each of the surrounding regions for
which data was provided. The
maximum GDD accumulation for the
proposed AVA is lower than each of the
regions except for the Big Valley
District–Lake County AVA to the south
and the Benmore Valley AVA to the
west. The minimum GDD accumulation
for the proposed AVA is also lower than
each of the surrounding regions except
for the larger Clear Lake AVA, which
encompasses the proposed AVA as well
as the Big Valley District–Lake County,
Kelsey Bench–Big Valley, and Red Hills
Lake County AVAs and most of the High
Valley AVA.
The petition states that GDD
accumulations are an important factor
in predicting a site’s suitability for
growing specific grape varieties.
Varietals that require warmer climates
in order to ripen will do better in
regions with higher GDD accumulations.
The petition states that the moderate
Maximum
3,158
3,267
3,548
3,481
3,245
3,250
3,595
3,248
3,343
3,811
3,755
3,796
3,281
3,593
3,753
3,332
Minimum
2,809
2,799
3,139
3,420
3,171
3,189
3,155
3,155
climate of the proposed AVA makes it
suitable for growing a variety of grapes,
including Sauvignon Blanc.
Summary of Distinguishing Features
In summary, the hydrogeology, soils,
and climate of the proposed Upper Lake
Valley AVA distinguish it from the
surrounding regions. The following
table summarizes the distinguishing
features of the proposed AVA and
compares them to the features of the
surrounding regions.
TABLE 7—SUMMARY OF DISTINGUISHING FEATURES
Region
Hydrogeology
Soils
Climate
Proposed AVA ...............................
Upper Lake Groundwater Basin;
high iron, manganese, and calcium levels; groundwater levels
generally within 10 feet of the
surface, with minimal seasonal
fluctuations; low levels of dissolved solids.
Millsholm–Skyhigh–Bressa, Still–
Lupoyoma,
and
Tulelake–
Fluvaquentic–Haplawuolls soil
map units; moderately deep to
very deep; poorly drained to
well-drained.
North ..............................................
Gravelly
Basin.
East ................................................
High Valley Groundwater Basin;
high levels of ammonia, phosphorous, chloride, iron, boron,
and manganese; groundwater
levels 10 to 30 feet below the
surface, with seasonal fluctuations and incidences of slow recovery after periods of drought.
Big Valley Groundwater Basin;
boron is an impairment in some
parts of the basin; groundwater
levels vary between northern
and southern parts of the basin
but are generally deeper than
within proposed AVA and have
greater seasonal fluctuations.
Maymen–Etsel and Sanhedrin–
Speaker–Kekawaka soil map
units; contain outcroppings of
large stones.
Maymen–Estel,
Sobrante–
Guenoc–Hambright, and Sanhedrin–Speaker–Kekawaka soil
map units; found on very steep
slopes.
Average annual rainfall of 35–43
inches; median frost-free period
of 202 days; wind speeds predominantly between 1 and 5
mph, are calm 2.23–3.04 percent of the time, and do not exceed 20 mph; median GDD accumulations of 3,158.
Average annual rainfall of 49
inches; other climate data not
available.
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South ..............................................
23 Albert J. Winkler et al., General Viticulture
(Berkeley: University of California Press, 2nd ed.
1974), pages 67–71.
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Valley
Groundwater
Cole–Clear Lake Variant–Clear
Lake soil map unit.
24 The GDD data for the proposed AVA was
calculated from data from the weather station in
Upper Lake from 2011–2016. The data from the
surrounding regions was calculated from 1971–
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Average annual rainfall of 27–35
inches; longer frost-free period;
winds are more frequently calm
but do exceed 20 mph; higher
median GDD accumulations.
Average annual rainfall of 22–35
inches; longer median frost-free
period in Red Hills Lake County
AVA, and a shorter median
frost-free period in Big Valley
District–Lake
County
AVA;
winds are more frequently calm
but do exceed 20 mph; higher
median GDD accumulations.
2000 climate normal. See Jones, G.V. (2014).
Climate Characteristics for Winegrape Production
in Lake County, California. Open Report to the Lake
County Winegrape Commission. p. 23.
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TABLE 7—SUMMARY OF DISTINGUISHING FEATURES—Continued
Region
Hydrogeology
Soils
Climate
West ...............................................
Scotts Valley Groundwater Basin;
iron, manganese, and boron
are listed as impairments;
groundwater is 10 feet below
the surface on the average,
with seasonal fluctuations depending on location across the
Scotts Valley Basin.
Millsholm–Skyhigh–Bressa
soil
map unit, transitioning to
Maymen–Etsel soil map unit in
the higher elevations of the
Mayacamas Mountains.
Average annual rainfall of 31–35
inches; longer median frost-free
period; wind data not available;
higher median GDD accumulations.
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Comparison of the Proposed Upper Lake
Valley AVA to the Existing Lake County
AVA
T.D. ATF–174, which published in
the Federal Register on May 8, 1984 (49
FR 19466), established the Clear Lake
AVA. T.D. ATF–174 cited elevation,
climate, and watershed as
distinguishing features of the Clear Lake
AVA. Elevations for vineyards ranged
from 1,300 to 1,800 feet. The Clear Lake
AVA has a growing season of 223 days
and an average annual rainfall amount
of about 37 inches. The AVA is also
located within the Clear Lake
watershed, which is said to affect the
climate patterns of the AVA.
The proposed Upper Lake Valley
AVA is located in the northern portion
of the Clear Lake AVA and shares some
of the same general features. For
instance, vineyards in the proposed
AVA are planted at elevations between
1,330 and 1,450 feet, which is within
the range of vineyard elevations for the
Clear Lake AVA. The proposed AVA is
also within the Clear Lake watershed,
and Clear Lake has a moderating effect
on the proposed AVA’s climate.
However, the proposed Upper Lake
Valley AVA petition describes the Clear
Lake AVA as having many different
microclimates, including the proposed
Upper Lake Valley AVA. As a
microclimate within the Clear Lake
AVA, the proposed AVA has unique
characteristics, which may warrant its
establishment as a new AVA. For
example, the proposed AVA has a
shorter median growing season and
receives more rainfall annually than the
Clear Lake AVA overall. The proposed
AVA also has a median heat summation
of 3,158 GDDs, while the Clear Lake
AVA has a higher overall median heat
summation of 3,267 GDDs.
Proposed Modification of the Clear
Lake AVA
As previously noted, the petition to
establish the proposed Upper Lake
Valley AVA also requested an
expansion of the established Clear Lake
AVA. The proposed Upper Lake Valley
AVA is located in the northern portion
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of the Clear Lake AVA. Most of the
proposed Upper Lake Valley AVA, if
established, would be located within the
current boundary of the Clear Lake
AVA. However, unless the boundary of
the Clear Lake AVA is modified, a small
portion of the proposed Upper Lake
Valley AVA, along Scotts Creek, would
be outside the Clear Lake AVA.
Currently, the Clear Lake AVA
boundary in the vicinity of the proposed
AVA and the proposed expansion area
follows a straight line drawn from the
summit of Griner Peak, south of the
proposed AVA, to the summit of Hells
Peak, north of the proposed AVA. The
portion of the proposed Upper Lake
Valley AVA that would be outside the
Clear Lake AVA (the ‘‘proposed
expansion area’’) follows Scotts Creek
west of Tule Lake and contains one
vineyard. If the proposed modification
of the Clear Lake AVA boundary is
finalized, the entire proposed Upper
Lake Valley AVA would be situated
within the Clear Lake AVA.
The petition states that the name
‘‘Clear Lake’’ is associated with the
proposed expansion area. T.D. ATF–174
noted that Scotts Valley is a prominent
growing area within the Clear Lake
AVA. The southern portion of Scotts
Valley, as well as the portion of Scotts
Creek east of Tule Lake, are both
currently within the Clear Lake AVA.
The proposed expansion area contains
the northern portion of Scotts Valley
and the portion of Scotts Creek west of
Tule Lake. The expansion petition states
that because Scotts Valley, and by
extension Scotts Creek which runs
through the valley, was specifically
mentioned in the original Clear Lake
AVA petition as a region within the area
known as ‘‘Clear Lake,’’ the proposed
expansion area also meets this criteria to
be known as ‘‘Clear Lake.’’
T.D. ATF–174 defined elevation,
watershed, and climate as the
distinguishing features of the Clear Lake
AVA. The expansion petition asserts
that the proposed expansion area shares
these characteristics of the Clear Lake
AVA. First, elevations within the Clear
Lake AVA range from 1,300 to over
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4,000 feet, according to T.D. ATF–174.
At the time the AVA was established,
most of the vineyards were planted on
flat or gently rolling land with
elevations between 1,300 and 1,800 feet.
The proposed expansion petition states
that elevations within the proposed
expansion area are similar to those of
the Clear Lake AVA. The vineyard
within the proposed expansion area is
located at approximately 1,360 feet, well
within the range of elevations of other
vineyards found in the Clear Lake AVA.
T.D. ATF–174 stated that the Clear
Lake watershed is an important feature
of the Clear Lake AVA because of its
effect on the climate within the AVA.
The proposed expansion petition
included a map of the Clear Lake
watershed, which shows that the
entirety of Scotts Creek, including the
portion within the proposed expansion
area, is within the Clear Lake watershed.
The map is included as Figure 5 in the
petition addendum and is included in
the public docket.
Finally, T.D. ATF–174 described the
climate of the Clear Lake AVA. Annual
rainfall within the established AVA was
approximately 37 inches, and the region
had a frost-free period of approximately
223 days. Within the Clear Lake AVA,
growing degree accumulations placed
the northern portion in the Winkler
Region II and the southern portion in
Winkler Region III, including the
portion of Scotts Valley currently within
the AVA. According to the proposed
expansion petition, the average annual
rainfall within the proposed expansion
area from 2012 through 2017 was 33.61
inches. Although this is lower than the
average annual rainfall amount for the
Clear Lake AVA described in T.D. ATF–
174, it is within the range of the 2012–
2017 rainfall amounts for other
locations within the Clear Lake AVA
which were included in the expansion
petition. Those average amounts ranged
from a high of 36.37 at Upper Lake to
a low of 23.68 at Kelseyville. Within the
proposed expansion area, growing
degree accumulations for the period
from 2013 to 2016 ranged from 2,985 to
3,364, which places the region in
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Winkler Regions II and III, similar to the
Clear Lake AVA as described in T.D.
ATF–174.
TTB notes that the expansion petition
included data on the frost-free period of
the proposed expansion area and other
regions within the Clear Lake AVA.
However, the data suggested that the
frost-free period in the proposed
expansion area is shorter than that of
the Clear Lake AVA. Therefore, based
on the data, TTB cannot determine that
the frost-free period within the
proposed expansion area is the same as
within the Clear Lake AVA.
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Comparison of the Proposed Upper Lake
Valley AVA to the Existing North Coast
AVA
The North Coast AVA was established
by T.D. ATF–145, published in the
Federal Register on September 21, 1983
(48 FR 42973). It includes all or portions
of Napa, Sonoma, Mendocino, Lake,
Marin, and Solano Counties in
California. T.D. ATF–145 describes the
topography of the North Coast AVA as
‘‘valleys between the coast ranges
running parallel to the Pacific Ocean
shore and the lower slopes of these
ranges.’’ GDD accumulations for the
North Coast AVA range from Region I to
Region III.25 Average rainfall in the
North Coast AVA varies widely, ranging
from 24.8 inches in one location in the
AVA to 62.2 inches in another part of
the AVA.
The proposed Upper Lake Valley
AVA shares some of the same general
characteristics as the North Coast AVA.
The proposed AVA is comprised of
valleys between mountainous areas and
the lower slopes of the mountains. The
GDD accumulations for the proposed
AVA classify it as a low Region III.
However, the proposed AVA is much
more uniform in its climatic features,
namely temperature, soils, and
topography than the diverse,
multicounty North Coast AVA. In this
regard, TTB notes that T.D. ATF–145
specifically states that ‘‘approval of this
viticultural area does not preclude
approval of additional areas, either
wholly contained with the North Coast,
or partially overlapping the North
Coast,’’ and that ‘‘smaller viticultural
areas tend to be more uniform in their
geographical and climatic
characteristics, while very large areas
such as the North Coast tend to exhibit
generally similar characteristics, in this
case the influence of maritime air off of
the Pacific Ocean and San Pablo Bay.’’
Thus, the proposal to establish the
Upper Lake Valley AVA is consistent
25 Id.
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with what was envisioned when the
North Coast AVA was established.
TTB Determination
TTB concludes that the petition to
establish the 17,360-acre Upper Lake
Valley AVA and to concurrently modify
the boundary of the established Clear
Lake AVA merits consideration and
public comment, as invited in this
notice of proposed rulemaking.
TTB is proposing the establishment of
the new AVA and the modification of
the existing AVA as one action.
Accordingly, if TTB establishes the
proposed Upper Lake Valley AVA, then
the proposed boundary modification of
the Clear Lake would be approved
concurrently. If TTB does not establish
the proposed Upper Lake Valley AVA,
then the present Clear Lake AVA
boundary would not be modified.
Boundary Description
See the narrative description of the
boundary of the petitioned-for AVA and
the proposed expansion of the Clear
Lake 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 Upper Lake Valley
AVA boundary and the proposed
expansion of the Clear Lake 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 § 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.
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20109
If TTB establishes this proposed AVA,
its name, ‘‘Upper Lake Valley,’’ will be
recognized as a name of viticultural
significance under § 4.39(i)(3) of the
TTB regulations (27 CFR 4.39(i)(3)). The
text of the proposed regulation clarifies
this point. Consequently, wine bottlers
using the name ‘‘Upper Lake Valley’’ in
a brand name, including a trademark, or
in another label reference as to the
origin of the wine, would have to ensure
that the product is eligible to use the
AVA name as an appellation of origin if
this proposed rule is adopted as a final
rule.
The approval of the proposed Upper
Lake Valley AVA would not affect any
existing AVA, and any bottlers using
‘‘Clear Lake’’ or ‘‘North Coast’’ as an
appellation of origin or in a brand name
for wines made from grapes grown
within the Clear Lake or North Coast
AVAs would not be affected by the
establishment of this new AVA. The
establishment of the proposed Upper
Lake Valley AVA would allow vintners
to use ‘‘Upper Lake Valley,’’ ‘‘Clear
Lake,’’ and ‘‘North Coast’’ as
appellations of origin for wines made
from grapes grown within the proposed
Upper Lake Valley AVA if the wines
meet the eligibility requirements for the
appellation. Additionally, vintners
would be allowed to use ‘‘Upper Lake
Valley,’’ ‘‘Clear Lake,’’ and ‘‘North
Coast’’ as appellations of origin for
wines made from grapes grown within
the proposed Clear Lake AVA expansion
area if the wines meet the eligibility
requirements for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should establish the proposed AVA and
concurrently modify the boundary of
the established Clear Lake AVA. TTB is
interested in receiving comments on the
sufficiency and accuracy of the name,
boundary, soils, climate, hydrogeology,
and other required information
submitted in support of the petition. In
addition, given the proposed Upper
Lake Valley AVA’s location within the
existing Clear Lake and North Coast
AVAs, TTB is interested in comments
on whether the evidence submitted in
the petition regarding the distinguishing
features of the proposed AVA
sufficiently differentiates it from the
existing established AVAs. TTB is also
interested in comments on whether the
geographic features of the proposed
AVA are so distinguishable from the
surrounding Clear Lake or North Coast
AVA that the proposed Upper Lake
Valley AVA should no longer be part of
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that AVA. Please provide any available
specific information in support of your
comments.
TTB also invites comments on the
proposed expansion of the existing
Clear Lake AVA. TTB is specifically
interested in receiving comments on the
similarity of the proposed expansion
area to the established Clear Lake AVA,
as well as the differences between the
proposed expansion area and the areas
outside the Clear Lake AVA. Comments
should address the boundaries,
elevation, climate, watershed, and any
other pertinent information that
supports or opposes the proposed Clear
Lake AVA boundary expansion.
Because of the potential impact of the
establishment of the proposed Upper
Lake Valley AVA on wine labels that
include the term ‘‘Upper Lake Valley’’
as discussed above under Impact on
Current Wine Labels, TTB is
particularly interested in comments
regarding whether there will be a
conflict between the proposed 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.
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Submitting Comments
You may submit comments on this
notice 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–2021–0001 on
‘‘Regulations.gov,’’ the Federal
e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 200 on the TTB website at https://
www.ttb.gov/wine/winerulemaking.shtml. Supplemental files
may be attached to comments submitted
via Regulations.gov.
• 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. 200, and also must be made in
English, be legible, and be written in
language acceptable for public
disclosure. TTB does not acknowledge
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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 via Regulations.gov,
please use the ‘‘organization’’ version of
the comment form and include the
entity’s name, as well as your name and
position title in the comment. If you
comment via postal mail, please submit
your entity’s comment on letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this notice, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2021–
0001 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. 200. You may also reach the
relevant docket through the
Regulations.gov search page at https://
www.regulations.gov.
If provided, 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.
PO 00000
Frm 00074
Fmt 4702
Sfmt 4702
Regulatory Flexibility Act
TTB certifies that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name would be the result of a
proprietor’s efforts and consumer
acceptance of wines from that area.
Therefore, no regulatory flexibility
analysis is required.
Executive Order 12866
It has been determined that this
proposed rule is not a significant
regulatory action as defined by
Executive Order 12866 of September 30,
1993. Therefore, no regulatory
assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this notice
of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, 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.
2. Amend § 9.99 by:
a. Removing the period at the end of
paragraph (b)(4) and adding a semicolon
in its place;
■ b. Adding paragraph (b)(5);
■ c. Redesignating paragraphs (c)(11)
through (c)(17) as paragraphs (c)(15)
through (c)(21); and
■ d. Adding new paragraphs (c)(11)
through (c)(14).
The additions read as follows:
■
■
§ 9.99
Clear Lake.
*
*
*
*
*
(b) * * *
(5) ‘‘Upper Lake Quadrangle,
California,’’ 7.5 minute series, 1996.
(c) * * *
(11) Then southeasterly in a straight
line, crossing onto the Upper Lake
quadrangle, to the intersection of the
1,600-foot elevation contour and an
unnamed 4-wheel drive road in Section
9, T15N/R10W;
(12) Then northwesterly, then
southwesterly along the 1,600-foot
E:\FR\FM\16APP1.SGM
16APP1
Federal Register / Vol. 86, No. 72 / Friday, April 16, 2021 / Proposed Rules
elevation contour to a point in Section
8, T15N/R10W, that is due north of the
westernmost structure in a row of three
structures located south of Scotts Creek;
(13) Then south in a straight line,
crossing over Scotts Creek and the
westernmost structure, to the
intersection with an unnamed,
unimproved road and the 1,600-foot
elevation contour in Section 17, T15N/
R10W;
(14) Then generally east along the
1,600-foot elevation contour to its
second intersection with an unnamed,
unimproved road in section 15, T15N/
R10W;
*
*
*
*
*
■ 3. Subpart C is amended by adding
§ 9.to read as follows:
Subpart C—Approved American
Viticultural Areas
jbell on DSKJLSW7X2PROD with PROPOSALS
§ 9.lll
Upper Lake Valley.
(a) Name. The name of the viticultural
area described in this section is ‘‘Upper
Lake Valley’’. For purposes of part 4 of
this chapter, ‘‘Upper Lake Valley’’ is a
term of viticultural significance.
(b) Approved maps. The four United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Upper
Lake Valley viticultural area are titled:
(1) Lakeport, 1958; photorevised 1978;
minor revision 1994;
(2) Upper Lake, 1996;
(3) Bartlett Mountain, 1996; and
(4) Lucerne, 1996.
(c) Boundary. The Upper Lake Valley
viticultural area is located in Lake
County, California. The boundary of the
Upper Lake Valley viticultural area is as
described below:
(1) The beginning point is on the
Lakeport map at the intersection of
Lyons Creek and the western shore of
Clear Lake in Section 31, T15N/R9W.
From the beginning point, proceed
south in a straight line to an unnamed
light-duty road known locally as
Lafferty Road; then
(2) Proceed west along Lafferty Road
to its intersection with an unnamed
secondary highway known locally as
Lakeshore Boulevard; then
(3) Proceed north on Lakeshore
Boulevard to its intersection with an
unnamed light-duty road known locally
as Whalen Way; then
(4) Proceed west on Whalen Way to
its intersection with State Highway 29;
then
(5) Proceed north on State Highway
29, crossing onto the Upper Lake map,
to the intersection of the highway and
the southern boundary of Section 13,
T15N, R10W; then
(6) Proceed west along the southern
boundary of Sections 13 and 14 to the
VerDate Sep<11>2014
16:09 Apr 15, 2021
Jkt 253001
intersection of the southern boundary of
Section 14 with the 1,600-foot elevation
contour; then
(7) Proceed in a generally
northwesterly direction along the
meandering 1,600-foot elevation contour
to its intersection with an unnamed,
unimproved road in Section 17, T15N/
R10W; then
(8) Proceed north in a straight line,
crossing Scotts Creek, to the 1,600-foot
elevation contour in Section 8, T15N/
R10W; then
(9) Proceed northeasterly, then
southeasterly along the 1,600-foot
elevation contour to its intersection
with an unnamed 4-wheel drive road in
Section 9, T15N/R10W; then
(10) Proceed northwest in a straight
line to the marked 2,325-foot elevation
point on Hell’s Peak; then
(11) Proceed southeast in a straight
line to the intersection of the 1,600-foot
elevation contour and the southern
boundary of Section 30 along the
Mendocino National Forest boundary,
T16N/R9W; then
(12) Proceed southeast along the
meandering 1,600-foot elevation contour
to its third intersection with the
Mendocino National Forest boundary,
along the eastern boundary of Section
31, T16N/R9W; then
(13) Proceed south, then west along
the Mendocino National Forest
boundary to its intersection with the
1,600-foot elevation contour along the
northern boundary of Section 5, T15N/
R9W; then
(14) Proceed southeasterly along the
meandering 1,600-foot elevation
contour, crossing onto the Bartlett
Mountain map, to the intersection of the
1,600-foot elevation contour and the
Mendocino National Forest boundary
along the eastern boundary of Section 9,
T15N/9RW; then
(15) Proceed south, then east along
the Mendocino National Forest
boundary to its intersection with the
1,600-foot elevation contour along the
northern boundary of Section 15, T15N/
R9W; then
(16) Proceed south, then northwest
along the meandering 1,600-foot
elevation contour, crossing onto the
Upper Lake map, and continuing
southeasterly along the 1,600-foot
elevation contour crossing back and
forth between the Bartlett Mountain
map and the Upper Lake map, to the
intersection of the 1,600-foot elevation
contour and an unimproved 4-wheel
drive road in Section 21, T15N/R9W;
then
(17) Continue southeast along the
1,600-foot elevation contour, crossing
onto the Lucerne map, to the
intersection of the 1,600-foot elevation
PO 00000
Frm 00075
Fmt 4702
Sfmt 4702
20111
contour and an unimproved 4-wheel
drive road in Section 36, T15N/R9W;
then
(18) Proceed south in a straight line to
the shoreline of Clear Lake; then
(19) Proceed northeasterly along the
shoreline of Clear Lake, crossing onto
the Lakeport map, and continuing
southwesterly along the shoreline,
crossing Rodman Slough, to return to
the beginning point.
Signed: January 25, 2021.
Mary G. Ryan,
Administrator.
Approved: March 24, 2021.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2021–07626 Filed 4–15–21; 8:45 am]
BILLING CODE 4810–31–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 2, 15, 25, 27, and 101
[WT Docket No. 20–443; GN Docket No. 17–
183; DA 21–370; FR ID 20758]
Expanding Flexible Use of the 12.2–
12.7 GHz Band
Federal Communications
Commission.
ACTION: Proposed rule, extension of
comment and reply comment period.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) extends the comment and
reply comment period of the Notice of
the Proposed Rulemaking of the
proceeding that was released on January
15, 2021.
DATES: The deadline for filing comments
is extended to May 7, 2021, and the
deadline for filing reply comments is
extended to June 7, 2021.
ADDRESSES: You may submit comments,
identified by WT Docket No. 20–443
and GN Docket No. 17–183, by any of
the following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://
www.fcc.gov/ecfs.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
SUMMARY:
E:\FR\FM\16APP1.SGM
16APP1
]]>Agencies
[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Proposed Rules]
[Pages 20102-20111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07626]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2021-0001; Notice No. 200]
RIN 1513-AC73
Proposed Establishment of the Upper Lake Valley Viticultural Area
and Modification of the Clear Lake 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 17,360-acre ``Upper Lake Valley''
viticultural area in Lake County, California. TTB also proposes to
expand the boundary of the existing 1,093-square mile Clear Lake
viticultural area so that the proposed Upper Lake Valley viticultural
area is wholly within it. Both the established Clear Lake viticultural
area and the proposed Upper Lake Valley viticultural area are entirely
within the established North Coast viticultural area. TTB designates
viticultural areas to allow vintners to better describe the origin of
their wines and to allow consumers to better identify wines they may
purchase. TTB invites comments on these proposals.
DATES: Comments must be received by June 15, 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-2021-0001 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 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 or modifying the boundary
of an established AVA, and provides that any interested party may
petition TTB to establish a grape-growing region as an AVA or to modify
the boundary of an established 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,
or modify the boundary of an AVA, must include the following:
Evidence that the area within the proposed AVA boundary,
or the region within the proposed expansion area, 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 or defining the boundary of the proposed expansion
area;
A narrative description of the features of the proposed
AVA or proposed expansion area affecting viticulture, such as climate,
geology, soils, physical features, and elevation, that make the
proposed AVA or expansion area distinctive and distinguish it from
adjacent areas
[[Page 20103]]
outside the proposed AVA boundary or established AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA or proposed expansion
area, with the boundary of the proposed AVA or proposed expansion area
clearly drawn thereon;
If the proposed AVA or proposed expansion area is to be
established within, or overlapping, an existing AVA, an explanation
that both identifies the attributes of the proposed AVA or proposed
expansion area that are consistent with the existing AVA, and explains
how the proposed AVA or proposed expansion area is sufficiently
distinct from the existing AVA and therefore appropriate for separate
recognition; and
A detailed narrative description of the proposed AVA or
proposed expansion area boundary based on USGS map markings.
Petition To Establish the Upper Lake Valley AVA and Modify the Boundary
of the Clear Lake AVA
TTB received a petition from Terry Dereniuk, on behalf of the
Growers of Upper Lake Valley, proposing the establishment of the
``Upper Lake Valley'' AVA. The proposed Upper Lake Valley AVA is
located within Lake County, California, and lies within the established
North Coast AVA (27 CFR 9.30) and partially within the established
Clear Lake AVA (27 CFR 9.99). The proposed AVA contains approximately
17,360 acres and has 16 commercially-producing vineyards covering a
total of approximately 300 acres. At the time the petition was
submitted, at least one additional vineyard was planned within the
proposed AVA.
Although most of the proposed Upper Lake Valley AVA is located
within the existing Clear Lake AVA, a small portion of the northwest
corner of the proposed AVA would, if established, extend beyond the
boundary of the Clear Lake AVA. To address the overlap of the two AVAs
and account for viticultural similarities between the proposed Upper
Lake Valley AVA and the larger Clear Lake AVA, the petition also
proposes to expand the boundary of the Clear Lake AVA so that the
entire proposed Upper Lake Valley AVA would be included within the
Clear Lake AVA.
According to the petition, the distinguishing features of the
proposed Upper Lake Valley AVA include its hydrogeology, soils, and
climate. Although the petition included information on the geology of
the proposed AVA and the surrounding regions, TTB determined that
geology is such an integral part of hydrogeology and the
characteristics of the aquifers the waters therein that it should not
be considered a distinguishing feature separate from hydrogeology.
Unless otherwise noted, all information and data pertaining to the
proposed AVA contained in this document are from the petition for the
proposed Upper Lake Valley AVA and its supporting exhibits.
Proposed Upper Lake Valley AVA
Name Evidence
The proposed Upper Lake Valley AVA is located along the northern
shore of Clear Lake and incorporates the town of Upper Lake,
California. The petitioners proposed the name ``Upper Lake Valley'' to
reflect the proposed AVA's topography of alluvial valley floors and the
surrounding hillsides. The petition included evidence that the name has
been used to describe the region of the proposed AVA since the late
1800's. For example, an 1881 book about the history of Lake County
makes several references to ``Upper Lake Valley.'' \1\ The book
contains a list of geographical features in Lake County, including an
entry for ``Upper Lake Valley,'' which is located ``around the head of
Clear Lake, and is eight miles long and from one to five miles wide.''
\2\ In another reference, the book notes that an 1842 land grant
included ``a part of Upper Lake Valley.'' \3\ A third reference in the
book states that a series of valleys, including Bachelor Valley, ``all
center around the head of Clear Lake, and form what is known as Upper
Lake Valley.'' \4\ TTB notes that Bachelor Valley is located within the
proposed Upper Lake Valley AVA.
---------------------------------------------------------------------------
\1\ Palmer, Lyman L., Wallace, W.F., and Wells, Harry L. History
of Napa and Lake Counties, California. San Francisco: Slocum, Bowen
& Co., 1881. See Exhibit 6 of the Name Evidence Appendix to the
petition in Docket TTB-2021-0001 at https://www.regulations.gov.
\2\ Ibid. page 5.
\3\ Ibid. page 70.
\4\ Ibid. page 191.
---------------------------------------------------------------------------
The petition also included examples of the current use of the name
``Upper Lake Valley'' to describe the region of the proposed AVA. For
example, the Lake County Groundwater Management Plan \5\ makes multiple
references to the Upper Lake Valley groundwater basin and includes a
map \6\ which shows the basin covering the region of the proposed AVA.
The Lake County Winegrape Commission's web page notes, ``Mountain
valleys around Clear Lake, including Big Valley District, Upper Lake
Valley, Clover Valley, Bachelor Valley, and Scotts Valley, are level
with deep alluvial deposits.'' \7\ A real estate website \8\ and a
website for finding city sales tax rates \9\ both include listings for
``Upper Lake/Upper Lake Valley.'' Finally, a recent newspaper article
about the history of growing green beans in the region of the proposed
AVA states that a prominent bean farmer's ``acreage was located in the
Upper Lake valley [sic].'' \10\
---------------------------------------------------------------------------
\5\ https://www.lakecountyca.gov/Assets/Departments/WaterResources/IRWMP/Lake+County+Groundwater+Managment+Plan.pdf. See
Exhibit 1 of the Name Evidence Appendix to the petition.
\6\ See Figure 1-1 of the Lake County Groundwater Management
Plan, which is included in Exhibit 1 of the Name Evidence Appendix
to the petition.
\7\ https://www.lakecountywinegrape.org/region/terroir/soils.
See Exhibit 2 of the Name Evidence Appendix to the petition.
\8\ www.redfin.com. See Exhibit 4 of the Name Evidence Appendix
to the petition.
\9\ www.sale-tax.com/UpperLakeUpperLakeValleyCA. See Exhibit 3
of the Name Evidence Appendix to the petition.
\10\ www.record-bee.com/2016/06/17/blue-lakes-green-beans. See
Exhibit 5 of the Name Evidence Appendix to the petition.
---------------------------------------------------------------------------
Boundary Evidence
The proposed Upper Lake Valley AVA encompasses a series of valleys,
along with their surrounding hillsides, that run in a north-
northeasterly direction from the shores of Clear Lake. The northern
boundary is generally concurrent with the northern boundary of the
established Clear Lake AVA and separates the proposed AVA from the
higher, rugged elevations of the Mendocino National Forest. The eastern
boundary follows the 1,600-foot elevation contour and also separates
the proposed AVA from the Mendocino National Forest. The southern
boundary follows the northern shore of Clear Lake. A portion of the
western boundary follows a series of roads and the 1,600-foot elevation
contour to separate the proposed AVA from the higher terrain of the
Mayacamas Mountains. The remainder of the western boundary is a
straight line between points that is concurrent with the established
Clear Lake AVA boundary and also separates the proposed AVA from the
Mayacamas Mountains.
Distinguishing Features
The distinguishing features of the proposed Upper Lake Valley AVA
are its hydrogeology, soils, and climate.
Hydrogeology
According to the petition, the proposed Upper Lake Valley AVA has
four identified water-bearing formations: Quaternary alluvium;
Pleistocene terrace deposits; Pleistocene lake and floodplain deposits;
and Plio-
[[Page 20104]]
pleistocene cache creek. These formations make up the Upper Lake
Groundwater Basin, which covers the majority of the proposed AVA. The
Quaternary alluvium and Pleistocene terrace, lake, and floodplain
deposits are the primary sources of groundwater within the proposed
AVA. The petition states that groundwater levels within the Upper Lake
Groundwater Basin are generally within 10 feet of the surface and
fluctuate between 5 and 15 feet lower in the fall. Lowering of water
levels during dry months is not excessive and is balanced by rapid
recovery of water level elevations during the wet months.
According to a bulletin from the California Department of Water
Resources, the predominant groundwater types in the Upper Lake
Groundwater Basin are magnesium bicarbonate and calcium carbonate
water.\11\ The bulletin also shows high iron, manganese, and calcium
levels in the groundwater, as well as high electrical conductivity.
Boron was detected in some wells used in the bulletin's analysis, but
high boron levels are not associated with the groundwater in the
proposed Upper Lake Valley AVA. The bulletin's analysis showed a total
dissolved solids average of 500 mg/L.
---------------------------------------------------------------------------
\11\ California Department of Water Resources. California's
Ground Water Bulletin 118. California Department of Water Resources:
1975. Updated 2004; see https://water.ca.gov/-/media/DWR-website/web
pages/Programs/Groundwater-Management/Bulletin-118/Files/2003-Basin-
Descriptions/5_013_UpperLake.pdf.
---------------------------------------------------------------------------
The petition states that water for irrigation is critical for wine
grape production within the proposed AVA. The water quality in the
proposed Upper Lake Valley AVA is suitable for irrigation and has few
impediments. The high levels of calcium are desirable, since low levels
of calcium may cause deficiencies in vine growth. Low levels of boron
in the groundwater are also desirable for irrigation purposes, as
levels of 2 mg/L and above are toxic to most plants. The low levels of
dissolved solids are also beneficial, since total dissolved solids
levels above 2,000 mg/L are very likely to cause vine growth problems.
However, the high iron and manganese levels in the water of the
proposed AVA can cause irrigation equipment to clog.
The Gravelly Valley Groundwater Basin lies to the north of the
proposed Upper Lake Valley AVA, within the Mendocino National Forest.
The petition states that no additional information was available about
this basin. To the east of the proposed AVA lies the High Valley
Groundwater Basin, which is formed by rocks of the Jurassic-Cretaceous
Franciscan Formation and Quaternary Holocene volcanics. The groundwater
is characterized as magnesium bicarbonate with high levels of ammonia,
phosphorous, chloride, iron, boron, and manganese. During the spring,
the High Valley Groundwater Basin water level is 10 to 30 feet below
the surface, with the summer drawdown 5 to 10 feet below the spring
level. Spring groundwater levels have fluctuated widely over the years,
with incidences of slow recovery after periods of drought.
Additionally, Clear Lake is to the immediate south of the proposed
AVA, while the Big Valley Groundwater Basin is farther south. The
prominent groundwater formations in this basin are Quaternary Alluvium
and Upper Pliocene to Lower Pliocene Volcanic Ash Deposit. California
Groundwater Bulletin 118 notes that boron is an impairment in the water
in some parts of the Big Valley Groundwater Basin.\12\ Groundwater
levels in the northern portion of the Big Valley Basin are usually 5
feet below the surface and decrease 10 to 50 feet during the summer. In
the uplands of the basin, the depth to water in the spring is much
deeper, ranging from 70 to 90 feet below the surface and dropping an
additional 30 to 40 feet over the summer. To the west of the proposed
AVA is the Scotts Valley Groundwater Basin, which consists of rocks
from the Jurassic-Cretaceous Franciscan Formation. California
Groundwater Bulletin 118 lists iron, manganese, and boron as
impairments of groundwater in this basin.\13\ Depth to water in the
spring is 10 feet below the surface on the average, with spring to
summer drawdown ranging from 30 to 60 feet below spring levels
depending on location across the Scotts Valley Groundwater Basin.
---------------------------------------------------------------------------
\12\ California Department of Water Resources. California's
Ground Water Bulletin 118. California Department of Water Resources:
1975. Updated 2004; https://water.ca.gov/-/media/DWR-website/web
pages/Programs/Groundwater-Management/Bulletin-118/Files/2003-Basin-
Descriptions/5_015_BigValley.pdf.
\13\ California Department of Water Resources. California's
Ground Water Bulletin 118. California Department of Water Resources:
1975. Updated 2004; https://water.ca.gov/-/media/DWR-website/web
pages/Programs/Groundwater-Management/Bulletin-118/Files/2003-Basin-
Descriptions/5_014_ScottsValley.pdf.
---------------------------------------------------------------------------
Soils
According to the petition, many different soil series make up the
soils of the proposed Upper Lake Valley AVA. However, three general
soil map units broadly characterize the area: Millsholm-Skyhigh-Bressa;
Still-Lupoyoma; and Tulelake-Fluvaquentic-Haplawuolls. Soils from these
three units make up over 56 percent of the total area of the proposed
AVA. Millsholm-Skyhigh-Bressa soils are formed from sandstone and shale
and are primarily loams and clay loams. These soils are moderately
deep, moderately-well to well-drained, and have slopes that range from
moderately sloping to steep. Soils from the Still-Lupoyoma general map
unit occur on the nearly-level valley floors and consist of loams and
silt loams. These soils are very deep, with rooting depths of 60 inches
or more, and are moderately-well to well-drained. Soils from the
Tulelake-Fluvaquentic-Haplawuolls map unit occur in marshy and
reclaimed areas around Clear Lake and Tule Lake. Soils of this unit are
very deep silty clay loams with poor to very poor drainage.
The petition states that soil composition, depth, and drainage are
key components of vine and fruit development. According to the
petition, most of the vineyards in the proposed Upper Lake Valley AVA
are planted on Still-Luopyoma soils due to the gentle slopes, which
create less of an erosion hazard and provide good drainage. These soils
are also deep, which allows the roots to extend farther than in shallow
soils. Grapevines are ``deep-rooted plants that fully explore the soil
to 6 to 10 feet or more if root penetration is not obstructed by
hardpan, impervious clay substratum, toxic concentrations of salts, or
a free water table.'' \14\ The petition states that soils of the
Tulelake-Fluvaquentic-Haplawuolls map unit, which are also very deep,
may also be suitable for viticulture where poor drainage can be
mitigated. Although soils of the Millsholm-Skyhigh-Bressa map unit are
more shallow than soils of the other two map units, the petition states
that shallow soils can also be desirable for viticulture because
``[t]he quality of fruit is better, although yields are usually lower,
on soils * * * limited in depth by hardpan, rocks, or clay substrata.''
\15\ However, because these soils are found on steeper slopes, there is
a risk of erosion.
---------------------------------------------------------------------------
\14\ Albert J. Winkler et al., General Viticulture (Berkeley:
University of California Press, 2nd ed. 1974, page 71.
\15\ Ibid, page 71.
---------------------------------------------------------------------------
To the north of the proposed Upper Lake Valley AVA, within the
Mendocino National Forest, the soils belong to the Maymen-Etsel and the
Sanhedrin-Speaker-Kekawaka soil map units. These soils are not very
prevalent in the proposed AVA and are described as shallow soils with
outcroppings of
[[Page 20105]]
large stones, including greywackes and sandstone. To the east of the
proposed AVA, the most common soil map units are the Maymen-Etsel,
Sobrante-Guenoc-Hambright, and the Sanhedrin-Speaker-Kekawaka units,
which are also not common within the proposed AVA and occur mostly on
very steep slopes. South of the proposed AVA, within the Big Valley
District AVA (27 CFR 9.232), the soils belong to the Cole-Clear Lake
Variant-Clear Lake general soil map unit. To the west of the proposed
AVA, the soils are from the Millsholm-Skyhigh-Bressa soil map unit and
then transition to the Maymen-Etsel soil map unit in the higher
elevations of the Mayacamas Mountains.
Climate
The petition for the proposed Upper Lake Valley AVA included
information on the climate of the region, including rainfall, frost-
free days, wind, and growing degree days.
Rainfall. According to the petition, rainfall amounts in Lake
County vary greatly due to the rapid changes in topography between the
higher elevations of the Mayacamas Mountains in the western portion of
the county and the lower elevations of Bachelor, Middle Creek, and
Clover Creek Valleys, where the proposed AVA is located. The table
below shows the average annual rainfall amounts for the weather station
in Upper Lake, California, which is within the proposed AVA, for the
years 2011 through 2016. The data was collected by the Western Weather
Group \16\ on behalf of the Lake County Winegrape Commission. Data was
unavailable for 2013.
---------------------------------------------------------------------------
\16\ https://www.westernwx.com/LakeCo/.
Table 1--Average Annual Rainfall Amounts for Upper Lake Weather Station
------------------------------------------------------------------------
Year Rainfall amount (inches)
------------------------------------------------------------------------
2016..................................... 41.43.
2015..................................... 20.53.
2014..................................... 38.34.
2013..................................... unavailable.
2012..................................... 41.08.
2011..................................... 28.43.
------------------------------------------------------------------------
The average annual rainfall amount for the available years was
33.96. The petition states that, although rainfall data was not
available from the weather station for 2013, the average rainfall
amounts for the available years is comparable to the average rainfall
recorded by the Western Region Climate Center \17\ for the period of
January 1, 1893, through November 12, 2006, which is 34.09 inches.
---------------------------------------------------------------------------
\17\ www.wrcc.dri.edu/cgi-bin/cliMAIN.pl?ca9173.
---------------------------------------------------------------------------
The petition also included annual predicted rainfall amounts for
the Upper Lake Groundwater Basin, where the proposed AVA is located,
and the surrounding groundwater basins. The data shows that annual
predicted rainfall amounts for the Upper Lake Groundwater Basin are
higher than the predicted amounts for each of the surrounding basins,
except for the basin to the north of the proposed AVA.
Table 2--Annual Predicted Rainfall Amounts 18
------------------------------------------------------------------------
Rainfall
Basin name Direction from amounts
proposed AVA (inches)
------------------------------------------------------------------------
Upper Lake Basin.................. Within.............. 35-43
Big Valley Basin.................. South............... 22-35
High Valley Basin................. East................ 27-35
Scotts Valley Basin............... West................ 31-35
Gravelly Valley Basin............. North............... 49
------------------------------------------------------------------------
The petition states that the high annual rainfall amounts in the
proposed Upper Lake Valley AVA recharge the Upper Lake Groundwater
Basin, which is used for irrigation. The rainfall amounts are also
sufficient during the growing season to provide hydration for
grapevines. The petition states that grapes require an average of 8 to
11 acre inches of water per year in order to successfully produce and
ripen fruit.\19\
---------------------------------------------------------------------------
\18\ California Department of Water Resources. California's
Ground Water Bulletin 118. California Department of Water Resources:
1975. Updated 2004.
\19\ Ryan Keiffer, Agricultural Technician, UCCE Mendocino, and
Dr. Broc Zoller, Pest Control Advisor, Kelseyville. Vineyard Water
Use in Lake County, California. December 1, 2014.
---------------------------------------------------------------------------
Frost-free days. According to the petition, the growing season,
which is broadly defined as the number of days between the last frost
event in the spring and the first frost event in the fall, is an
important indicator for successful wine grape cultivation. The
following table shows the median, maximum, and minimum number of frost-
free days recorded at the Upper Lake climate station from 2011 through
2016,\20\ as well as from the seven established AVAs in Lake County,
which were derived from the 1971-2000 climate normals.\21\ Data was not
provided for the region to the north of the proposed AVA.
---------------------------------------------------------------------------
\20\ Data collected by the Western Weather Group on behalf of
the Lake County Winegrape Commission; see https://www.westernwx.com/LakeCo/.
\21\ Jones, G. V. (2014). Climate Characteristics for Winegrape
Production in Lake County, California. Open Report to the Lake
County Winegrape Commission. p. 14.
Table 3--Frost-Free Days
----------------------------------------------------------------------------------------------------------------
AVA name (direction from proposed AVA) Median Maximum Minimum
----------------------------------------------------------------------------------------------------------------
Upper Lake Valley............................................... 202 232 172
Big Valley District-Lake County (South)......................... 195 228 190
Kelsey Bench-Lake County (South)................................ 198 227 192
Clear Lake (Encompasses)........................................ 200 260 174
Guenoc Valley (Southeast)....................................... 216 261 211
High Valley (East).............................................. 236 255 190
[[Page 20106]]
Red Hills Lake County (South)................................... 241 255 194
Benmore Valley (West)........................................... 248 250 243
----------------------------------------------------------------------------------------------------------------
The data in the table indicates that the proposed Upper Lake Valley
AVA has substantially shorter median, maximum, and minimum frost-free
periods than the established AVAs to the east, southeast, and west, and
a longer frost-free period than the established AVAs to the south,
except for the Red Hills Lake County AVA (27 CFR 9.169). The proposed
AVA has a frost-free period similar in length to that of the Clear Lake
AVA, which encompasses the proposed AVA and also includes the Big
Valley District-Lake County (27 CFR 9.232), Kelsey Bench-Lake County
(27 CFR 9.233), High Valley (27 CFR 9.189), and Red Hills Lake County
AVAs.
The petition states that the length of the frost-free period for a
region impacts viticulture. Spring frosts that occur after bud break
can cause tender shoots and forming grape clusters to burn and die,
resulting in crop loss and lower yields. Early fall frosts impact the
ability of sugar levels in the grapes to reach a desirable Brix level.
Wind. The petition states that the winds in the proposed Upper Lake
Valley AVA are influenced by the mountains that lie to the west, north,
and east, and by Clear Lake to the south. Winds within the proposed AVA
are predominantly from the south-southeast or north during the daytime
and from the north during the night. Wind speeds within the proposed
AVA are lower than within many other parts of Lake County, but the
winds are frequent during both the day and night. Winds are calm (below
1 mile per hour) only 2.23 percent of the time during daytime hours and
3.04 percent of the time during nighttime hours.\22\ The highest
daytime wind speeds range from 11 to 20 miles per hour but only
occurred 1.25 percent of the time. Wind speeds between 1 and 5 miles
per hour accounted for 82.88 of the daytime wind speeds. Nighttime wind
speeds were also mostly between 1 and 5 miles per hour, accounting for
88.86 of the nighttime wind speeds. Wind speeds above 20 miles per hour
were not recorded within the proposed AVA.
---------------------------------------------------------------------------
\22\ Data collected by the Western Weather Group from 2008-2013.
---------------------------------------------------------------------------
The petition included wind speed information from the Kelsey Bench-
Lake County, Red Hills Lake County, and Guenoc Valley AVAs (27 CFR
9.26) for comparison. That information is presented in the table below
and was collected from the same time period as the wind speed data from
the proposed AVA. TTB notes that none of the surrounding region had
wind speeds above 30 miles per hour.
Table 4--Daytime Wind Speed Data for Surrounding Regions
----------------------------------------------------------------------------------------------------------------
Frequency of wind speed (percent)
Region (direction from proposed -------------------------------------------------------------------------------
AVA) <1 mile per 1-5 miles per 6-10 miles 11-20 miles 21-30 miles
hour hour per hour per hour per hour
----------------------------------------------------------------------------------------------------------------
Kelsey Bench-Lake County (South) 8.44 64.02 22.08 5.46 0
Red Hills Lake County (South)... 5.21 71.22 21.34 2.23 0
Guenoc Valley (Southeast)....... 10.89 77.23 7.43 3.96 0.5
----------------------------------------------------------------------------------------------------------------
Table 5--Nighttime Wind Speed Data for Surrounding Regions
----------------------------------------------------------------------------------------------------------------
Frequency of wind speed (percent)
Region (direction from proposed -------------------------------------------------------------------------------
AVA) 1-5 miles/ 6-10 miles/ 11-20 miles/ 21-30 miles/
<1 mile/hour hour hour hour hour
----------------------------------------------------------------------------------------------------------------
Kelsey Bench-Lake County (South) 12.66 69.87 11.90 5.06 0.51
Red Hills Lake County (South)... 11.42 65.23 21.83 1.52 0
Guenoc Valley (Southeast)....... 10.89 77.23 7.43 3.96 0.5
----------------------------------------------------------------------------------------------------------------
Although the predominant daytime and nighttime wind speeds in the
proposed AVA and the surrounding regions were between 1 and 5 miles per
hour, the proposed Upper Lake Valley had the greatest percent of wind
speeds within that range. The proposed AVA also had the smallest
percentage of calm winds, defined as wind speeds of less than 1 mile
per hour. The proposed AVA also did not record any wind speeds over 20
miles per hour, whereas the Kelsey Bench-Lake County AVA recorded
daytime wind speeds over 20 miles per hour and the Guenoc Valley AVA
recorded both daytime and nighttime wind speeds over 20 miles per hour.
The petition states that air movement keeps the fruit and canopies
cool and dry. In this way, the air movement plays a key role by
preventing mildew and other pests in the vineyard and translates to a
lesser need for application of pesticides.
Heat summation. The petition provided information on the heat
summation values of the proposed Upper Lake Valley AVA and the
surrounding regions. Heat summation is calculated as the sum of the
mean monthly temperature above 50 degrees Fahrenheit (F) during the
growing season from April 1 to October 31 and is expressed as growing
degree days
[[Page 20107]]
(GDDs). A baseline of 50 degrees F is used because there is almost no
shoot growth below this temperature.\23\ The following table is derived
from information in the petition and shows the median, maximum, and
minimum GDD accumulations for the proposed Upper Lake Valley AVA and
the surrounding regions.\24\ GDD information was not provided for the
region to the north of the proposed AVA.
---------------------------------------------------------------------------
\23\ Albert J. Winkler et al., General Viticulture (Berkeley:
University of California Press, 2nd ed. 1974), pages 67-71.
\24\ The GDD data for the proposed AVA was calculated from data
from the weather station in Upper Lake from 2011-2016. The data from
the surrounding regions was calculated from 1971-2000 climate
normal. See Jones, G.V. (2014). Climate Characteristics for
Winegrape Production in Lake County, California. Open Report to the
Lake County Winegrape Commission. p. 23.
Table 6--Growing Degree Days
----------------------------------------------------------------------------------------------------------------
Region (direction from proposed AVA) Median Maximum Minimum
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 3,158 3,343 2,809
Clear Lake (Encompasses)........................................ 3,267 3,811 2,799
High Valley (East).............................................. 3,548 3,755 3,139
Guenoc Valley (Southeast)....................................... 3,481 3,796 3,420
Big Valley District-Lake County (South)......................... 3,245 3,281 3,171
Kelsey Bench-Lake County (South)................................ 3,250 3,593 3,189
Red Hills Lake County (South)................................... 3,595 3,753 3,155
Benmore Valley (West)........................................... 3,248 3,332 3,155
----------------------------------------------------------------------------------------------------------------
According to the data in the table, the proposed Upper Lake Valley
AVA has a lower median GDD accumulation than each of the surrounding
regions for which data was provided. The maximum GDD accumulation for
the proposed AVA is lower than each of the regions except for the Big
Valley District-Lake County AVA to the south and the Benmore Valley AVA
to the west. The minimum GDD accumulation for the proposed AVA is also
lower than each of the surrounding regions except for the larger Clear
Lake AVA, which encompasses the proposed AVA as well as the Big Valley
District-Lake County, Kelsey Bench-Big Valley, and Red Hills Lake
County AVAs and most of the High Valley AVA.
The petition states that GDD accumulations are an important factor
in predicting a site's suitability for growing specific grape
varieties. Varietals that require warmer climates in order to ripen
will do better in regions with higher GDD accumulations. The petition
states that the moderate climate of the proposed AVA makes it suitable
for growing a variety of grapes, including Sauvignon Blanc.
Summary of Distinguishing Features
In summary, the hydrogeology, soils, and climate of the proposed
Upper Lake Valley AVA distinguish it from the surrounding regions. The
following table summarizes the distinguishing features of the proposed
AVA and compares them to the features of the surrounding regions.
Table 7--Summary of Distinguishing Features
----------------------------------------------------------------------------------------------------------------
Region Hydrogeology Soils Climate
----------------------------------------------------------------------------------------------------------------
Proposed AVA......................... Upper Lake Groundwater Millsholm-Skyhigh-Bress Average annual rainfall
Basin; high iron, a, Still-Lupoyoma, and of 35-43 inches;
manganese, and calcium Tulelake-Fluvaquentic- median frost-free
levels; groundwater Haplawuolls soil map period of 202 days;
levels generally units; moderately deep wind speeds
within 10 feet of the to very deep; poorly predominantly between
surface, with minimal drained to well- 1 and 5 mph, are calm
seasonal fluctuations; drained. 2.23-3.04 percent of
low levels of the time, and do not
dissolved solids. exceed 20 mph; median
GDD accumulations of
3,158.
North................................ Gravelly Valley Maymen-Etsel and Average annual rainfall
Groundwater Basin. Sanhedrin-Speaker-Keka of 49 inches; other
waka soil map units; climate data not
contain outcroppings available.
of large stones.
East................................. High Valley Groundwater Maymen-Estel, Sobrante- Average annual rainfall
Basin; high levels of Guenoc-Hambright, and of 27-35 inches;
ammonia, phosphorous, Sanhedrin-Speaker-Keka longer frost-free
chloride, iron, boron, waka soil map units; period; winds are more
and manganese; found on very steep frequently calm but do
groundwater levels 10 slopes. exceed 20 mph; higher
to 30 feet below the median GDD
surface, with seasonal accumulations.
fluctuations and
incidences of slow
recovery after periods
of drought.
South................................ Big Valley Groundwater Cole-Clear Lake Variant- Average annual rainfall
Basin; boron is an Clear Lake soil map of 22-35 inches;
impairment in some unit. longer median frost-
parts of the basin; free period in Red
groundwater levels Hills Lake County AVA,
vary between northern and a shorter median
and southern parts of frost-free period in
the basin but are Big Valley District-
generally deeper than Lake County AVA; winds
within proposed AVA are more frequently
and have greater calm but do exceed 20
seasonal fluctuations. mph; higher median GDD
accumulations.
[[Page 20108]]
West................................. Scotts Valley Millsholm-Skyhigh-Bress Average annual rainfall
Groundwater Basin; a soil map unit, of 31-35 inches;
iron, manganese, and transitioning to longer median frost-
boron are listed as Maymen-Etsel soil map free period; wind data
impairments; unit in the higher not available; higher
groundwater is 10 feet elevations of the median GDD
below the surface on Mayacamas Mountains. accumulations.
the average, with
seasonal fluctuations
depending on location
across the Scotts
Valley Basin.
----------------------------------------------------------------------------------------------------------------
Comparison of the Proposed Upper Lake Valley AVA to the Existing Lake
County AVA
T.D. ATF-174, which published in the Federal Register on May 8,
1984 (49 FR 19466), established the Clear Lake AVA. T.D. ATF-174 cited
elevation, climate, and watershed as distinguishing features of the
Clear Lake AVA. Elevations for vineyards ranged from 1,300 to 1,800
feet. The Clear Lake AVA has a growing season of 223 days and an
average annual rainfall amount of about 37 inches. The AVA is also
located within the Clear Lake watershed, which is said to affect the
climate patterns of the AVA.
The proposed Upper Lake Valley AVA is located in the northern
portion of the Clear Lake AVA and shares some of the same general
features. For instance, vineyards in the proposed AVA are planted at
elevations between 1,330 and 1,450 feet, which is within the range of
vineyard elevations for the Clear Lake AVA. The proposed AVA is also
within the Clear Lake watershed, and Clear Lake has a moderating effect
on the proposed AVA's climate. However, the proposed Upper Lake Valley
AVA petition describes the Clear Lake AVA as having many different
microclimates, including the proposed Upper Lake Valley AVA. As a
microclimate within the Clear Lake AVA, the proposed AVA has unique
characteristics, which may warrant its establishment as a new AVA. For
example, the proposed AVA has a shorter median growing season and
receives more rainfall annually than the Clear Lake AVA overall. The
proposed AVA also has a median heat summation of 3,158 GDDs, while the
Clear Lake AVA has a higher overall median heat summation of 3,267
GDDs.
Proposed Modification of the Clear Lake AVA
As previously noted, the petition to establish the proposed Upper
Lake Valley AVA also requested an expansion of the established Clear
Lake AVA. The proposed Upper Lake Valley AVA is located in the northern
portion of the Clear Lake AVA. Most of the proposed Upper Lake Valley
AVA, if established, would be located within the current boundary of
the Clear Lake AVA. However, unless the boundary of the Clear Lake AVA
is modified, a small portion of the proposed Upper Lake Valley AVA,
along Scotts Creek, would be outside the Clear Lake AVA.
Currently, the Clear Lake AVA boundary in the vicinity of the
proposed AVA and the proposed expansion area follows a straight line
drawn from the summit of Griner Peak, south of the proposed AVA, to the
summit of Hells Peak, north of the proposed AVA. The portion of the
proposed Upper Lake Valley AVA that would be outside the Clear Lake AVA
(the ``proposed expansion area'') follows Scotts Creek west of Tule
Lake and contains one vineyard. If the proposed modification of the
Clear Lake AVA boundary is finalized, the entire proposed Upper Lake
Valley AVA would be situated within the Clear Lake AVA.
The petition states that the name ``Clear Lake'' is associated with
the proposed expansion area. T.D. ATF-174 noted that Scotts Valley is a
prominent growing area within the Clear Lake AVA. The southern portion
of Scotts Valley, as well as the portion of Scotts Creek east of Tule
Lake, are both currently within the Clear Lake AVA. The proposed
expansion area contains the northern portion of Scotts Valley and the
portion of Scotts Creek west of Tule Lake. The expansion petition
states that because Scotts Valley, and by extension Scotts Creek which
runs through the valley, was specifically mentioned in the original
Clear Lake AVA petition as a region within the area known as ``Clear
Lake,'' the proposed expansion area also meets this criteria to be
known as ``Clear Lake.''
T.D. ATF-174 defined elevation, watershed, and climate as the
distinguishing features of the Clear Lake AVA. The expansion petition
asserts that the proposed expansion area shares these characteristics
of the Clear Lake AVA. First, elevations within the Clear Lake AVA
range from 1,300 to over 4,000 feet, according to T.D. ATF-174. At the
time the AVA was established, most of the vineyards were planted on
flat or gently rolling land with elevations between 1,300 and 1,800
feet. The proposed expansion petition states that elevations within the
proposed expansion area are similar to those of the Clear Lake AVA. The
vineyard within the proposed expansion area is located at approximately
1,360 feet, well within the range of elevations of other vineyards
found in the Clear Lake AVA.
T.D. ATF-174 stated that the Clear Lake watershed is an important
feature of the Clear Lake AVA because of its effect on the climate
within the AVA. The proposed expansion petition included a map of the
Clear Lake watershed, which shows that the entirety of Scotts Creek,
including the portion within the proposed expansion area, is within the
Clear Lake watershed. The map is included as Figure 5 in the petition
addendum and is included in the public docket.
Finally, T.D. ATF-174 described the climate of the Clear Lake AVA.
Annual rainfall within the established AVA was approximately 37 inches,
and the region had a frost-free period of approximately 223 days.
Within the Clear Lake AVA, growing degree accumulations placed the
northern portion in the Winkler Region II and the southern portion in
Winkler Region III, including the portion of Scotts Valley currently
within the AVA. According to the proposed expansion petition, the
average annual rainfall within the proposed expansion area from 2012
through 2017 was 33.61 inches. Although this is lower than the average
annual rainfall amount for the Clear Lake AVA described in T.D. ATF-
174, it is within the range of the 2012-2017 rainfall amounts for other
locations within the Clear Lake AVA which were included in the
expansion petition. Those average amounts ranged from a high of 36.37
at Upper Lake to a low of 23.68 at Kelseyville. Within the proposed
expansion area, growing degree accumulations for the period from 2013
to 2016 ranged from 2,985 to 3,364, which places the region in
[[Page 20109]]
Winkler Regions II and III, similar to the Clear Lake AVA as described
in T.D. ATF-174.
TTB notes that the expansion petition included data on the frost-
free period of the proposed expansion area and other regions within the
Clear Lake AVA. However, the data suggested that the frost-free period
in the proposed expansion area is shorter than that of the Clear Lake
AVA. Therefore, based on the data, TTB cannot determine that the frost-
free period within the proposed expansion area is the same as within
the Clear Lake AVA.
Comparison of the Proposed Upper Lake Valley AVA to the Existing North
Coast AVA
The North Coast AVA was established by T.D. ATF-145, published in
the Federal Register on September 21, 1983 (48 FR 42973). It includes
all or portions of Napa, Sonoma, Mendocino, Lake, Marin, and Solano
Counties in California. T.D. ATF-145 describes the topography of the
North Coast AVA as ``valleys between the coast ranges running parallel
to the Pacific Ocean shore and the lower slopes of these ranges.'' GDD
accumulations for the North Coast AVA range from Region I to Region
III.\25\ Average rainfall in the North Coast AVA varies widely, ranging
from 24.8 inches in one location in the AVA to 62.2 inches in another
part of the AVA.
---------------------------------------------------------------------------
\25\ Id.
---------------------------------------------------------------------------
The proposed Upper Lake Valley AVA shares some of the same general
characteristics as the North Coast AVA. The proposed AVA is comprised
of valleys between mountainous areas and the lower slopes of the
mountains. The GDD accumulations for the proposed AVA classify it as a
low Region III. However, the proposed AVA is much more uniform in its
climatic features, namely temperature, soils, and topography than the
diverse, multicounty North Coast AVA. In this regard, TTB notes that
T.D. ATF-145 specifically states that ``approval of this viticultural
area does not preclude approval of additional areas, either wholly
contained with the North Coast, or partially overlapping the North
Coast,'' and that ``smaller viticultural areas tend to be more uniform
in their geographical and climatic characteristics, while very large
areas such as the North Coast tend to exhibit generally similar
characteristics, in this case the influence of maritime air off of the
Pacific Ocean and San Pablo Bay.'' Thus, the proposal to establish the
Upper Lake Valley AVA is consistent with what was envisioned when the
North Coast AVA was established.
TTB Determination
TTB concludes that the petition to establish the 17,360-acre Upper
Lake Valley AVA and to concurrently modify the boundary of the
established Clear Lake AVA merits consideration and public comment, as
invited in this notice of proposed rulemaking.
TTB is proposing the establishment of the new AVA and the
modification of the existing AVA as one action. Accordingly, if TTB
establishes the proposed Upper Lake Valley AVA, then the proposed
boundary modification of the Clear Lake would be approved concurrently.
If TTB does not establish the proposed Upper Lake Valley AVA, then the
present Clear Lake AVA boundary would not be modified.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA and the proposed expansion of the Clear Lake 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
Upper Lake Valley AVA boundary and the proposed expansion of the Clear
Lake AVA boundary on the AVA Map Explorer on the TTB website, at
https://www.ttb.gov/wine/ava-map-explorer.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name, at least 85
percent of the wine must be derived from grapes grown within the area
represented by that name, and the wine must meet the other conditions
listed in Sec. 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling with an AVA name and that name
appears in the brand name, then the label is not in compliance and the
bottler must change the brand name and obtain approval of a new label.
Similarly, if the AVA name appears in another reference on the label in
a misleading manner, the bottler would have to obtain approval of a new
label. Different rules apply if a wine has a brand name containing an
AVA name that was used as a brand name on a label approved before July
7, 1986. See Sec. 4.39(i)(2) of the TTB regulations (27 CFR
4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Upper Lake
Valley,'' will be recognized as a name of viticultural significance
under Sec. 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The
text of the proposed regulation clarifies this point. Consequently,
wine bottlers using the name ``Upper Lake Valley'' in a brand name,
including a trademark, or in another label reference as to the origin
of the wine, would have to ensure that the product is eligible to use
the AVA name as an appellation of origin if this proposed rule is
adopted as a final rule.
The approval of the proposed Upper Lake Valley AVA would not affect
any existing AVA, and any bottlers using ``Clear Lake'' or ``North
Coast'' as an appellation of origin or in a brand name for wines made
from grapes grown within the Clear Lake or North Coast AVAs would not
be affected by the establishment of this new AVA. The establishment of
the proposed Upper Lake Valley AVA would allow vintners to use ``Upper
Lake Valley,'' ``Clear Lake,'' and ``North Coast'' as appellations of
origin for wines made from grapes grown within the proposed Upper Lake
Valley AVA if the wines meet the eligibility requirements for the
appellation. Additionally, vintners would be allowed to use ``Upper
Lake Valley,'' ``Clear Lake,'' and ``North Coast'' as appellations of
origin for wines made from grapes grown within the proposed Clear Lake
AVA expansion area if the wines meet the eligibility requirements for
the appellation.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed AVA and concurrently modify
the boundary of the established Clear Lake AVA. TTB is interested in
receiving comments on the sufficiency and accuracy of the name,
boundary, soils, climate, hydrogeology, and other required information
submitted in support of the petition. In addition, given the proposed
Upper Lake Valley AVA's location within the existing Clear Lake and
North Coast AVAs, TTB is interested in comments on whether the evidence
submitted in the petition regarding the distinguishing features of the
proposed AVA sufficiently differentiates it from the existing
established AVAs. TTB is also interested in comments on whether the
geographic features of the proposed AVA are so distinguishable from the
surrounding Clear Lake or North Coast AVA that the proposed Upper Lake
Valley AVA should no longer be part of
[[Page 20110]]
that AVA. Please provide any available specific information in support
of your comments.
TTB also invites comments on the proposed expansion of the existing
Clear Lake AVA. TTB is specifically interested in receiving comments on
the similarity of the proposed expansion area to the established Clear
Lake AVA, as well as the differences between the proposed expansion
area and the areas outside the Clear Lake AVA. Comments should address
the boundaries, elevation, climate, watershed, and any other pertinent
information that supports or opposes the proposed Clear Lake AVA
boundary expansion.
Because of the potential impact of the establishment of the
proposed Upper Lake Valley AVA on wine labels that include the term
``Upper Lake Valley'' as discussed above under Impact on Current Wine
Labels, TTB is particularly interested in comments regarding whether
there will be a conflict between the proposed 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 methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2021-
0001 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
https://www.regulations.gov. A direct link to that docket is available
under Notice No. 200 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.
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. 200, and 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 via Regulations.gov, please
use the ``organization'' version of the comment form and include the
entity's name, as well as your name and position title in the comment.
If you comment via postal mail, please submit your entity's comment on
letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this notice, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2021-0001 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. 200. You may
also reach the relevant docket through the Regulations.gov search page
at https://www.regulations.gov.
If provided, 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 a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this notice of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, 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.
0
2. Amend Sec. 9.99 by:
0
a. Removing the period at the end of paragraph (b)(4) and adding a
semicolon in its place;
0
b. Adding paragraph (b)(5);
0
c. Redesignating paragraphs (c)(11) through (c)(17) as paragraphs
(c)(15) through (c)(21); and
0
d. Adding new paragraphs (c)(11) through (c)(14).
The additions read as follows:
Sec. 9.99 Clear Lake.
* * * * *
(b) * * *
(5) ``Upper Lake Quadrangle, California,'' 7.5 minute series, 1996.
(c) * * *
(11) Then southeasterly in a straight line, crossing onto the Upper
Lake quadrangle, to the intersection of the 1,600-foot elevation
contour and an unnamed 4-wheel drive road in Section 9, T15N/R10W;
(12) Then northwesterly, then southwesterly along the 1,600-foot
[[Page 20111]]
elevation contour to a point in Section 8, T15N/R10W, that is due north
of the westernmost structure in a row of three structures located south
of Scotts Creek;
(13) Then south in a straight line, crossing over Scotts Creek and
the westernmost structure, to the intersection with an unnamed,
unimproved road and the 1,600-foot elevation contour in Section 17,
T15N/R10W;
(14) Then generally east along the 1,600-foot elevation contour to
its second intersection with an unnamed, unimproved road in section 15,
T15N/R10W;
* * * * *
0
3. Subpart C is amended by adding Sec. 9.to read as follows:
Subpart C--Approved American Viticultural Areas
Sec. 9.___ Upper Lake Valley.
(a) Name. The name of the viticultural area described in this
section is ``Upper Lake Valley''. For purposes of part 4 of this
chapter, ``Upper Lake Valley'' is a term of viticultural significance.
(b) Approved maps. The four United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Upper Lake Valley viticultural area are titled:
(1) Lakeport, 1958; photorevised 1978; minor revision 1994;
(2) Upper Lake, 1996;
(3) Bartlett Mountain, 1996; and
(4) Lucerne, 1996.
(c) Boundary. The Upper Lake Valley viticultural area is located in
Lake County, California. The boundary of the Upper Lake Valley
viticultural area is as described below:
(1) The beginning point is on the Lakeport map at the intersection
of Lyons Creek and the western shore of Clear Lake in Section 31, T15N/
R9W. From the beginning point, proceed south in a straight line to an
unnamed light-duty road known locally as Lafferty Road; then
(2) Proceed west along Lafferty Road to its intersection with an
unnamed secondary highway known locally as Lakeshore Boulevard; then
(3) Proceed north on Lakeshore Boulevard to its intersection with
an unnamed light-duty road known locally as Whalen Way; then
(4) Proceed west on Whalen Way to its intersection with State
Highway 29; then
(5) Proceed north on State Highway 29, crossing onto the Upper Lake
map, to the intersection of the highway and the southern boundary of
Section 13, T15N, R10W; then
(6) Proceed west along the southern boundary of Sections 13 and 14
to the intersection of the southern boundary of Section 14 with the
1,600-foot elevation contour; then
(7) Proceed in a generally northwesterly direction along the
meandering 1,600-foot elevation contour to its intersection with an
unnamed, unimproved road in Section 17, T15N/R10W; then
(8) Proceed north in a straight line, crossing Scotts Creek, to the
1,600-foot elevation contour in Section 8, T15N/R10W; then
(9) Proceed northeasterly, then southeasterly along the 1,600-foot
elevation contour to its intersection with an unnamed 4-wheel drive
road in Section 9, T15N/R10W; then
(10) Proceed northwest in a straight line to the marked 2,325-foot
elevation point on Hell's Peak; then
(11) Proceed southeast in a straight line to the intersection of
the 1,600-foot elevation contour and the southern boundary of Section
30 along the Mendocino National Forest boundary, T16N/R9W; then
(12) Proceed southeast along the meandering 1,600-foot elevation
contour to its third intersection with the Mendocino National Forest
boundary, along the eastern boundary of Section 31, T16N/R9W; then
(13) Proceed south, then west along the Mendocino National Forest
boundary to its intersection with the 1,600-foot elevation contour
along the northern boundary of Section 5, T15N/R9W; then
(14) Proceed southeasterly along the meandering 1,600-foot
elevation contour, crossing onto the Bartlett Mountain map, to the
intersection of the 1,600-foot elevation contour and the Mendocino
National Forest boundary along the eastern boundary of Section 9, T15N/
9RW; then
(15) Proceed south, then east along the Mendocino National Forest
boundary to its intersection with the 1,600-foot elevation contour
along the northern boundary of Section 15, T15N/R9W; then
(16) Proceed south, then northwest along the meandering 1,600-foot
elevation contour, crossing onto the Upper Lake map, and continuing
southeasterly along the 1,600-foot elevation contour crossing back and
forth between the Bartlett Mountain map and the Upper Lake map, to the
intersection of the 1,600-foot elevation contour and an unimproved 4-
wheel drive road in Section 21, T15N/R9W; then
(17) Continue southeast along the 1,600-foot elevation contour,
crossing onto the Lucerne map, to the intersection of the 1,600-foot
elevation contour and an unimproved 4-wheel drive road in Section 36,
T15N/R9W; then
(18) Proceed south in a straight line to the shoreline of Clear
Lake; then
(19) Proceed northeasterly along the shoreline of Clear Lake,
crossing onto the Lakeport map, and continuing southwesterly along the
shoreline, crossing Rodman Slough, to return to the beginning point.
Signed: January 25, 2021.
Mary G. Ryan,
Administrator.
Approved: March 24, 2021.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2021-07626 Filed 4-15-21; 8:45 am]
BILLING CODE 4810-31-P
