Expansion of the Clarksburg Viticultural Area, 13157-13160 [2022-05001]
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of distilled spirits and malt beverages.
That final rule, which also reorganized
those regulations, published as T.D.
TTB–176 in the Federal Register of
February 9, 2022, at 87 FR 7526. The
final rule contained several minor
inadvertent, nonsubstantive errors in
the preamble discussion of, and the
regulatory text for, 27 CFR part 5,
Labeling and Advertising of Distilled
Spirits.
First, in the final rule’s preamble, in
the Derivation Table for part 5, subpart
I, the entry for § 5.153 should read
‘‘[reserved]’’ instead of ‘‘New.’’ In the
related notice of proposed rulemaking
(see Notice No. 176, 83 FR 60562,
November 26, 2018), TTB proposed a
new section, which it decided not to
finalize, as described in the final rule.
Second, and related to that error, in the
final rule’s regulatory amendments, the
table of contents for part 5 lists the
section heading for § 5.153 as originally
proposed (‘‘Diluted spirits’’) instead of
listing that section as ‘‘reserved’’ as
finalized in T.D. TTB–176. (The final
rule correctly shows § 5.153 as
‘‘[Reserved]’’ in the regulatory text of
part 5) Third, in § 5.203, which lists the
authorized standards of fill for distilled
spirits, two paragraphs were designated
as paragraph (a)(1)(v)—one setting out a
standard of fill of 750 mL and the other
a standard of fill of 720 mL.
The described errors were
inadvertent, and their correction does
not alter the intended meaning of any
regulatory section contained in the final
rule.
Corrections
In the final rule document numbered
FR Doc. 2022–00841 beginning on page
7526 in the Federal Register issue of
Wednesday, February 9, 2022, make the
following corrections:
In the SUPPLEMENTARY INFORMATION
section:
■ 1. On page 7575, at the bottom of the
second column, in the Derivation Table
for 27 CFR part 5, subpart I, in the table
column titled ‘‘Are derived from current
section:’’, in the entry for § 5.153, the
word ‘‘New’’ is corrected to read
‘‘[reserved]’’.
In the Regulatory Amendments
section:
■ 2. On page 7579, in the third column,
in the table of contents for 27 CFR part
5, subpart I, in the entry for § 5.153, the
phrase ‘‘Diluted spirits’’ is corrected to
read ‘‘[Reserved]’’.
■ 3. On page 7602, in the third column,
in § 5.203, paragraph (a)(1) is corrected
to read as follows:
§ 5.203
[Corrected]
(a) * * *
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(1) Containers other than cans. For
containers other than cans described in
paragraph (a)(2) of this section—
(i) 1.8 Liters.
(ii) 1.75 Liters.
(iii) 1.00 Liter.
(iv) 900 mL.
(v) 750 mL.
(vi) 720 mL.
(vii) 700 mL.
(viii) 375 mL.
(ix) 200 mL.
(x) 100 mL.
(xi) 50 mL.
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Signed: March 2, 2022.
Mary G. Ryan,
Administrator.
[FR Doc. 2022–04893 Filed 3–8–22; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2020–0013; T.D. TTB–178;
Ref: Notice No. 198]
RIN 1513–AC62
Expansion of the Clarksburg
Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) is expanding
the approximately 64,640-acre
‘‘Clarksburg’’ viticultural area by
approximately 27,945 acres. The
Clarksburg viticultural area is located in
Sacramento, Solano, and Yolo Counties,
in California, and the expansion area is
located in Sacramento and Solano
Counties. The established Clarksburg
viticultural area and the expansion area
are not located within any other
established viticultural area. TTB
designates viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase.
SUMMARY:
This final rule is effective April
8, 2022.
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:
DATES:
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13157
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 to TTB 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, once
approved, a name and a delineated
boundary codified in part 9 of the
regulations. These designations allow
vintners and consumers to attribute a
given quality, reputation, or other
characteristic of a wine made from
grapes grown in an area to the wine’s
geographic origin. The establishment of
AVAs allows vintners to describe more
accurately the origin of their wines to
consumers and helps consumers to
identify wines they may purchase.
Establishment of an AVA is neither an
approval nor an endorsement by TTB of
the wine produced in that area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and allows any interested party to
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petition TTB to establish a grapegrowing region as an AVA. Petitioners
may use the same process to request
changes to established AVAs. Section
9.12 of the TTB regulations (27 CFR
9.12) prescribes standards for petitions
to modify established AVAs. Petitions to
expand an established AVA must
include the following:
• Evidence that the area within the
proposed expansion area boundary is
nationally or locally known by the name
of the established AVA;
• An explanation of the basis for
defining the boundary of the proposed
expansion area;
• A narrative description of the
features of the proposed expansion area
that affect viticulture, such as climate,
geology, soils, physical features, and
elevation, that make the proposed
expansion area similar to the
established AVA and distinguish it from
adjacent areas outside the established
AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
expansion area, with the boundary of
the proposed expansion area clearly
drawn thereon; and
• A detailed narrative description of
the proposed expansion area boundary
based on USGS map markings.
Petition To Expand the Clarksburg AVA
TTB received a petition from James
Reamer of Reamer Farms vineyard,
submitted on behalf of himself and
other wine industry members,
proposing to expand the established
‘‘Clarksburg’’ AVA. The Clarksburg
AVA (27 CFR 9.95) was established by
T.D. ATF–166, which published in the
Federal Register on January 23, 1984
(49 FR 2758). The Clarksburg AVA
covers approximately 64,640 acres in
Sacramento, Solano, and Yolo Counties
in California. The Clarksburg AVA and
the proposed expansion area are not
located within any other AVA.
Although the established Clarksburg
AVA does contain the established
Merritt Island AVA (27 CFR 9.68), the
proposed expansion area is not adjacent
to the Merritt Island AVA and would
not affect the boundaries of that AVA.
The proposed expansion area is
adjacent to the southern portion of the
established AVA and entirely
encompasses Grand Island and Ryer
Island, which together cover
approximately 27,945 acres. The
petitioner states that within the
proposed expansion area there are 350
acres of grapevines on Grand Island and
three vineyards on Ryer Island.
According to the petition, the soils,
climate, and topography of the proposed
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expansion area are similar to those of
the established Clarksburg AVA.
T.D. ATF–166 describes the soils of
the Clarksburg AVA as poorly drained
clay and clay loam soils, but provides
no additional information about the
soils of the surrounding regions except
to note that viticulture to the west of the
AVA is made impossible due to the
combination of soils and flooding, and
that the soils to the south of the AVA
contain poorly drained organic and
mineral soils. However, the expansion
petition provides more detailed
information about the soils of the
Clarksburg AVA and the surrounding
regions. The expansion petition states
that the lands within the Clarksburg
AVA and the proposed expansion area
fall into two groups: The alluvial fan–
basin group and the flood plain–basin–
blackswamp group. These landform
groups influenced the development of
the soils in the AVA. The alluvial fan–
basin group lands are found mostly in
the western portion of the Clarksburg
AVA and include soils of the Lang,
Laugenour, Maria, Merritt, Sycamore,
Tyndall, and Valdez series, as well as
Egbert, Omni, Sacramento, and Willows
soils. The eastern portion of the
Clarksburg AVA is characterized by
flood plain–basin–blackswamp
landforms. Soils commonly found in
this region include the Columbia,
Consumnes, Lang, Laugenour, Sailboat,
and Valpac series, as well as Clear Lake,
Dierssen, and Tinnin soils.
Soils of both landform groups share
several characteristics, including low-tomoderate levels of organic material,
poor to somewhat-poor drainage, and a
combination of silt, clay, sand, and
loam. Because of the poor drainage
quality of the soils, a well-placed and
maintained system of ditches and canals
is necessary, as are tile drains in some
locations. Ridges in the vine rows called
berms also allow for better drainage and
are common features in both the AVA
and the proposed expansion area.
Additionally, vineyard owners often use
rootstocks with greater-than-average
tolerances of wet soils in order to limit
the risk of significant root dieback and
root diseases.
The proposed expansion area contains
both flood plain–basin–blackswamp
landforms and alluvial fan–basin
landforms. Grand Island, in the eastern
portion of the proposed expansion area,
consists mostly of flood plain–basin–
blackswamp landforms. Soils found in
both Grand Island and the Clarksburg
AVA include the Consumnes, Egbert,
Laugenour, and Sailboat series. Ryer
Island, in the western portion of the
proposed expansion area, contains
alluvial fan–basin landforms. Soils of
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the Egbert, Sacramento, and Valdez
series are found in both the Clarksburg
AVA and Ryer Island.
By contrast, one of the alluvial fan–
basin landform soils found in the
proposed expansion area and the
Clarksburg AVA are found in the
regions to the east and south, outside of
the established AVA and the proposed
expansion area. These regions contain a
type of marshland soil called Rindge
mucky silt loam, which is not found in
either the Clarksburg AVA or the
proposed expansion area. Furthermore,
the soils to the east and south contain
greater concentrations of organic matter.
To the west of the proposed expansion
area and the Clarksburg AVA, the
common soils include the Capay and
Pescadero series, which are not found in
either the proposed expansion area or
the AVA.
T.D. ATF–166 included precipitation
as a distinguishing feature of the
Clarksburg AVA, stating that the AVA
receives an average of 16 inches of rain
annually. The regions to the north and
east were described as having higher
annual rainfall amounts, while the
regions to the south and west have
lower annual amounts. T.D. ATF–166
also briefly discussed temperature,
noting that Sacramento, which is north
of the Clarksburg AVA, is generally 8 to
10 degrees warmer than the AVA is in
the summer. The proposed expansion
petition includes information about the
average annual rainfall amounts of the
Clarksburg AVA and the surrounding
regions, which suggest that the
Clarksburg AVA receives less rainfall
annually than the surrounding regions.
However, the petition did not include
annual average rainfall amounts from
within the proposed expansion area for
comparison.
The expansion petition did provide
more detailed information on
temperatures in the region than that
included in T.D. ATF–166, including
information on the growing season
mean, maximum, and minimum
temperatures from within the
Clarksburg AVA and the proposed
expansion area. The data suggests that
the climate of the proposed expansion
area is similar to that of the Clarksburg
AVA.
T.D. ATF–166, which established the
Clarksburg AVA, did not consider
topography to be a distinguishing
feature of the Clarksburg AVA, only
noting that the ‘‘lower terraces to the
east’’ of the AVA are prone to flooding.1
However, the expansion petition
includes topographic information that
suggests the proposed expansion area is
1 48
FR 2759.
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more topographically similar to the
Clarksburg AVA than the surrounding
regions outside the AVA. Within the
proposed expansion area, elevations
range from a lowest point of 10 feet
below sea level to a highest point of 5
feet above sea level. Within the current
boundaries of the Clarksburg AVA,
elevations range from 10 feet below sea
level to 10 feet above sea level. By
comparison, elevations to the east and
south of the proposed expansion area
are generally lower than within the
Clarksburg AVA and the proposed
expansion area. The petition states that
the generally lower elevations in the
surrounding regions mean that the
depths to water tables are appreciably
shallower than within the AVA and the
proposed expansion area. As a result,
functional root zones are very shallow,
and the potential for viticulture in the
surrounding regions is feasible but
limited. Elevations within the proposed
expansion area and the Clarksburg AVA
are similar to those of the region to the
west, in the Yolo Bypass, but that region
to the west was excluded from the AVA
and the proposed expansion area due to
the frequency of flooding.
Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 198 in the
Federal Register on November 10, 2020
(85 FR 71722), proposing to expand the
Clarksburg AVA. In the notice, TTB
summarized the evidence from the
petition regarding the name, boundary,
and distinguishing features for the
proposed expansion area. For a detailed
description of the evidence relating to
the name, boundary, and distinguishing
features of the proposed area, see Notice
No. 198.
The comment period for Notice No.
198 closed January 11, 2021. In response
to Notice No. 198, TTB received a total
of two comments. One comment was
from the Board of Directors of the
Suisun Valley Vintners and Growers
Association, which describes itself as
the primary wine grape grower
association in Solano County. The
Board expressed support for the
proposed expansion, noting that the
Solano County portion of the proposed
expansion area is ‘‘completely
consistent in primary attributes (saving
for slight variances) of the existing
Clarksburg AVA’’ and should be
allowed to use the ‘‘Clarksburg’’
appellation rather than the political
appellation ‘‘Solano County.’’
Incorporating the proposed expansion
area into the Clarksburg AVA would
lead to ‘‘a more complete understanding
of the varied regions within Solano
County.’’ The second comment, from a
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13159
wine industry member in Lodi,
California, also expressed support for
the proposed expansion.
No other established AVAs are affected
by this expansion.
TTB Determination
After careful review of the petition
and the comments received in response
to Notice No. 198, TTB finds that the
evidence provided by the petitioner
supports the expansion of the
Clarksburg AVA. Accordingly, under
the authority of the FAA Act, section
1111(d) of the Homeland Security Act of
2002, and parts 4 and 9 of the TTB
regulations, TTB modifies the
boundaries of the AVA effective 30 days
from the publication date of this
document.
TTB certifies that this regulation will
not have a significant economic impact
on a substantial number of small
entities. The regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of an AVA name
would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Boundary Description
See the narrative description of the
boundary modifications of the
Clarksburg AVA in the regulatory text
published at the end of this final rule.
Maps
The petitioners provided the required
maps, and they are listed below in the
regulatory text. The modified Clarksburg
AVA boundaries may also be viewed on
the AVA Map Explorer on the TTB
website, at https://www.ttb.gov/wine/
ava-map-explorer.
Impact on Current Wine Labels and
Transition Period
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name
or with a brand name that includes an
AVA name, at least 85 percent of the
wine must be derived from grapes
grown within the area represented by
that name, and the wine must meet the
other conditions listed in § 4.25(e)(3) of
the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling
with an AVA name and that name
appears in the brand name, then the
label is not in compliance and the
bottler must change the brand name and
obtain approval of a new label.
Similarly, if the AVA name appears in
another reference on the label in a
misleading manner, the bottler would
have to obtain approval of a new label.
Different rules apply if a wine has a
brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
§ 4.39(i)(2) of the TTB regulations (27
CFR 4.39(i)(2)) for details.
The expansion of the Clarksburg AVA
boundary means that wines produced
mainly from grapes grown in the
expansion area may be labeled with
‘‘Clarksburg’’ as an appellation of origin.
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Regulatory Flexibility Act
Executive Order 12866
It has been determined that this final
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 final
rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, TTB amends title 27, chapter
I, part 9, Code of Federal Regulations, as
follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Section 9.95 is amended by adding
paragraph (b)(9), revising paragraphs
(c)(4) and (5), redesignating paragraphs
(c)(6) through (12) as paragraphs (c)(7)
through (13), and adding new
paragraph(c)(6) to read as follows:
■
§ 9.95
Clarksburg.
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(b) * * *
(9) Rio Vista, Calif., 1978 (minor
revision 1993).
(c) * * *
(4) Then south along Miner Slough to
the point where it joins Cache Slough.
(5) Then south along Cache Slough to
the point where it joins the Sacramento
River.
(6) Then east, then generally
northeasterly along the meandering
Sacramento River to the point where it
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meets the Delta Cross Channel at the
Southern Pacific Railroad.
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Signed: March 2, 2022.
Mary G. Ryan,
Administrator.
Approved: March 2, 2022.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2022–05001 Filed 3–8–22; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2020–0009; T.D. TTB–177;
Ref: Notice No. 194]
RIN 1513–AC59
Establishment of the San Luis Obispo
Coast (SLO Coast) Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) establishes the
approximately 408,505-acre ‘‘San Luis
Obispo Coast’’ viticultural area in San
Luis Obispo County, California. TTB is
also recognizing the abbreviated ‘‘SLO
Coast’’ as the name of the AVA. The
viticultural area is located entirely
within the existing Central Coast
viticultural area and encompasses the
established Edna Valley and Arroyo
Grande Valley AVAs. 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.
DATES: This final rule is effective April
8, 2022.
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:
SUMMARY:
Background on Viticultural Areas
jspears on DSK121TN23PROD with RULES1
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,
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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 to TTB of petitions for the
establishment or modification of
American viticultural areas (AVAs) and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features, as described in
part 9 of the regulations, and a name
and a delineated boundary, as
established in part 9 of the regulations.
These designations allow vintners and
consumers to attribute a given quality,
reputation, or other characteristic of a
wine made from grapes grown in an area
to the wine’s geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA is
neither an approval nor an endorsement
by TTB of the wine produced in that
area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and allows any interested party to
petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes standards for petitions for the
establishment or modification of AVAs.
Petitions to establish an AVA must
include the following:
• Evidence that the area within the
proposed AVA boundary is nationally
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or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA boundary;
• If the proposed AVA is to be
established within, or overlapping, an
existing AVA, an explanation that both
identifies the attributes of the proposed
AVA that are consistent with the
existing AVA and explains how the
proposed AVA is sufficiently distinct
from the existing AVA and therefore
appropriate for separate recognition;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
San Luis Obispo Coast (SLO Coast)
AVA Petition
TTB received a petition from the SLO
Coast AVA Association, proposing to
establish the ‘‘San Luis Obispo Coast’’
AVA. The petition also requested that
TTB recognize ‘‘SLO Coast’’ as a name
for the proposed AVA, as ‘‘SLO’’ is a
frequently-used reference to the
county’s initials as well as its relaxed
culture. For purposes of the remainder
of this document, TTB will refer to the
proposed AVA as ‘‘SLO Coast.’’ The
proposed AVA is located in San Luis
Obispo County, California, and lies
entirely within the established Central
Coast AVA (27 CFR 9.75). If established,
the proposed AVA would also entirely
encompass the established Edna Valley
(27 CFR 9.35) and Arroyo Grande Valley
(27 CFR 9.129) AVAs. Within the
approximately 480,585-acre proposed
AVA, there are over 50 wineries, as well
as an estimated 78 commercial
vineyards covering approximately 3,942
acres. The distinguishing features of the
proposed SLO Coast AVA are its
topography, climate, and soils.
The petition describes the proposed
SLO Coast AVA as a region of coastal
terraces, foothills, and small valleys
along the Pacific Coast. The region is
oriented to the west, allowing the region
to experience marine fog and cool
marine air. According to the petition, 97
percent of the proposed AVA is at or
below 1,800 feet in elevation, which
corresponds to the approximate limit of
E:\FR\FM\09MRR1.SGM
09MRR1
]]>Agencies
[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Rules and Regulations]
[Pages 13157-13160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05001]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2020-0013; T.D. TTB-178; Ref: Notice No. 198]
RIN 1513-AC62
Expansion of the Clarksburg Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
expanding the approximately 64,640-acre ``Clarksburg'' viticultural
area by approximately 27,945 acres. The Clarksburg viticultural area is
located in Sacramento, Solano, and Yolo Counties, in California, and
the expansion area is located in Sacramento and Solano Counties. The
established Clarksburg viticultural area and the expansion area are not
located within any other established viticultural area. TTB designates
viticultural areas to allow vintners to better describe the origin of
their wines and to allow consumers to better identify wines they may
purchase.
DATES: This final rule is effective April 8, 2022.
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 to TTB 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, once approved, a name and a delineated boundary
codified in part 9 of the regulations. These designations allow
vintners and consumers to attribute a given quality, reputation, or
other characteristic of a wine made from grapes grown in an area to the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA is neither an approval nor an endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and allows any interested
party to
[[Page 13158]]
petition TTB to establish a grape-growing region as an AVA. Petitioners
may use the same process to request changes to established AVAs.
Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards
for petitions to modify established AVAs. Petitions to expand an
established AVA must include the following:
Evidence that the area within the proposed expansion area
boundary is nationally or locally known by the name of the established
AVA;
An explanation of the basis for defining the boundary of
the proposed expansion area;
A narrative description of the features of the proposed
expansion area that affect viticulture, such as climate, geology,
soils, physical features, and elevation, that make the proposed
expansion area similar to the established AVA and distinguish it from
adjacent areas outside the established AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed expansion area, with the
boundary of the proposed expansion area clearly drawn thereon; and
A detailed narrative description of the proposed expansion
area boundary based on USGS map markings.
Petition To Expand the Clarksburg AVA
TTB received a petition from James Reamer of Reamer Farms vineyard,
submitted on behalf of himself and other wine industry members,
proposing to expand the established ``Clarksburg'' AVA. The Clarksburg
AVA (27 CFR 9.95) was established by T.D. ATF-166, which published in
the Federal Register on January 23, 1984 (49 FR 2758). The Clarksburg
AVA covers approximately 64,640 acres in Sacramento, Solano, and Yolo
Counties in California. The Clarksburg AVA and the proposed expansion
area are not located within any other AVA. Although the established
Clarksburg AVA does contain the established Merritt Island AVA (27 CFR
9.68), the proposed expansion area is not adjacent to the Merritt
Island AVA and would not affect the boundaries of that AVA.
The proposed expansion area is adjacent to the southern portion of
the established AVA and entirely encompasses Grand Island and Ryer
Island, which together cover approximately 27,945 acres. The petitioner
states that within the proposed expansion area there are 350 acres of
grapevines on Grand Island and three vineyards on Ryer Island.
According to the petition, the soils, climate, and topography of the
proposed expansion area are similar to those of the established
Clarksburg AVA.
T.D. ATF-166 describes the soils of the Clarksburg AVA as poorly
drained clay and clay loam soils, but provides no additional
information about the soils of the surrounding regions except to note
that viticulture to the west of the AVA is made impossible due to the
combination of soils and flooding, and that the soils to the south of
the AVA contain poorly drained organic and mineral soils. However, the
expansion petition provides more detailed information about the soils
of the Clarksburg AVA and the surrounding regions. The expansion
petition states that the lands within the Clarksburg AVA and the
proposed expansion area fall into two groups: The alluvial fan-basin
group and the flood plain-basin-blackswamp group. These landform groups
influenced the development of the soils in the AVA. The alluvial fan-
basin group lands are found mostly in the western portion of the
Clarksburg AVA and include soils of the Lang, Laugenour, Maria,
Merritt, Sycamore, Tyndall, and Valdez series, as well as Egbert, Omni,
Sacramento, and Willows soils. The eastern portion of the Clarksburg
AVA is characterized by flood plain-basin-blackswamp landforms. Soils
commonly found in this region include the Columbia, Consumnes, Lang,
Laugenour, Sailboat, and Valpac series, as well as Clear Lake,
Dierssen, and Tinnin soils.
Soils of both landform groups share several characteristics,
including low-to-moderate levels of organic material, poor to somewhat-
poor drainage, and a combination of silt, clay, sand, and loam. Because
of the poor drainage quality of the soils, a well-placed and maintained
system of ditches and canals is necessary, as are tile drains in some
locations. Ridges in the vine rows called berms also allow for better
drainage and are common features in both the AVA and the proposed
expansion area. Additionally, vineyard owners often use rootstocks with
greater-than-average tolerances of wet soils in order to limit the risk
of significant root dieback and root diseases.
The proposed expansion area contains both flood plain-basin-
blackswamp landforms and alluvial fan-basin landforms. Grand Island, in
the eastern portion of the proposed expansion area, consists mostly of
flood plain-basin-blackswamp landforms. Soils found in both Grand
Island and the Clarksburg AVA include the Consumnes, Egbert, Laugenour,
and Sailboat series. Ryer Island, in the western portion of the
proposed expansion area, contains alluvial fan-basin landforms. Soils
of the Egbert, Sacramento, and Valdez series are found in both the
Clarksburg AVA and Ryer Island.
By contrast, one of the alluvial fan-basin landform soils found in
the proposed expansion area and the Clarksburg AVA are found in the
regions to the east and south, outside of the established AVA and the
proposed expansion area. These regions contain a type of marshland soil
called Rindge mucky silt loam, which is not found in either the
Clarksburg AVA or the proposed expansion area. Furthermore, the soils
to the east and south contain greater concentrations of organic matter.
To the west of the proposed expansion area and the Clarksburg AVA, the
common soils include the Capay and Pescadero series, which are not
found in either the proposed expansion area or the AVA.
T.D. ATF-166 included precipitation as a distinguishing feature of
the Clarksburg AVA, stating that the AVA receives an average of 16
inches of rain annually. The regions to the north and east were
described as having higher annual rainfall amounts, while the regions
to the south and west have lower annual amounts. T.D. ATF-166 also
briefly discussed temperature, noting that Sacramento, which is north
of the Clarksburg AVA, is generally 8 to 10 degrees warmer than the AVA
is in the summer. The proposed expansion petition includes information
about the average annual rainfall amounts of the Clarksburg AVA and the
surrounding regions, which suggest that the Clarksburg AVA receives
less rainfall annually than the surrounding regions. However, the
petition did not include annual average rainfall amounts from within
the proposed expansion area for comparison.
The expansion petition did provide more detailed information on
temperatures in the region than that included in T.D. ATF-166,
including information on the growing season mean, maximum, and minimum
temperatures from within the Clarksburg AVA and the proposed expansion
area. The data suggests that the climate of the proposed expansion area
is similar to that of the Clarksburg AVA.
T.D. ATF-166, which established the Clarksburg AVA, did not
consider topography to be a distinguishing feature of the Clarksburg
AVA, only noting that the ``lower terraces to the east'' of the AVA are
prone to flooding.\1\ However, the expansion petition includes
topographic information that suggests the proposed expansion area is
[[Page 13159]]
more topographically similar to the Clarksburg AVA than the surrounding
regions outside the AVA. Within the proposed expansion area, elevations
range from a lowest point of 10 feet below sea level to a highest point
of 5 feet above sea level. Within the current boundaries of the
Clarksburg AVA, elevations range from 10 feet below sea level to 10
feet above sea level. By comparison, elevations to the east and south
of the proposed expansion area are generally lower than within the
Clarksburg AVA and the proposed expansion area. The petition states
that the generally lower elevations in the surrounding regions mean
that the depths to water tables are appreciably shallower than within
the AVA and the proposed expansion area. As a result, functional root
zones are very shallow, and the potential for viticulture in the
surrounding regions is feasible but limited. Elevations within the
proposed expansion area and the Clarksburg AVA are similar to those of
the region to the west, in the Yolo Bypass, but that region to the west
was excluded from the AVA and the proposed expansion area due to the
frequency of flooding.
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\1\ 48 FR 2759.
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Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 198 in the Federal Register on November
10, 2020 (85 FR 71722), proposing to expand the Clarksburg AVA. In the
notice, TTB summarized the evidence from the petition regarding the
name, boundary, and distinguishing features for the proposed expansion
area. For a detailed description of the evidence relating to the name,
boundary, and distinguishing features of the proposed area, see Notice
No. 198.
The comment period for Notice No. 198 closed January 11, 2021. In
response to Notice No. 198, TTB received a total of two comments. One
comment was from the Board of Directors of the Suisun Valley Vintners
and Growers Association, which describes itself as the primary wine
grape grower association in Solano County. The Board expressed support
for the proposed expansion, noting that the Solano County portion of
the proposed expansion area is ``completely consistent in primary
attributes (saving for slight variances) of the existing Clarksburg
AVA'' and should be allowed to use the ``Clarksburg'' appellation
rather than the political appellation ``Solano County.'' Incorporating
the proposed expansion area into the Clarksburg AVA would lead to ``a
more complete understanding of the varied regions within Solano
County.'' The second comment, from a wine industry member in Lodi,
California, also expressed support for the proposed expansion.
TTB Determination
After careful review of the petition and the comments received in
response to Notice No. 198, TTB finds that the evidence provided by the
petitioner supports the expansion of the Clarksburg AVA. Accordingly,
under the authority of the FAA Act, section 1111(d) of the Homeland
Security Act of 2002, and parts 4 and 9 of the TTB regulations, TTB
modifies the boundaries of the AVA effective 30 days from the
publication date of this document.
Boundary Description
See the narrative description of the boundary modifications of the
Clarksburg AVA in the regulatory text published at the end of this
final rule.
Maps
The petitioners provided the required maps, and they are listed
below in the regulatory text. The modified Clarksburg AVA boundaries
may also be viewed on the AVA Map Explorer on the TTB website, at
https://www.ttb.gov/wine/ava-map-explorer.
Impact on Current Wine Labels and Transition Period
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in Sec.
4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)). If the wine is
not eligible for labeling with an AVA name and that name appears in the
brand name, then the label is not in compliance and the bottler must
change the brand name and obtain approval of a new label. Similarly, if
the AVA name appears in another reference on the label in a misleading
manner, the bottler would have to obtain approval of a new label.
Different rules apply if a wine has a brand name containing an AVA name
that was used as a brand name on a label approved before July 7, 1986.
See Sec. 4.39(i)(2) of the TTB regulations (27 CFR 4.39(i)(2)) for
details.
The expansion of the Clarksburg AVA boundary means that wines
produced mainly from grapes grown in the expansion area may be labeled
with ``Clarksburg'' as an appellation of origin. No other established
AVAs are affected by this expansion.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of an AVA
name would be the result of a proprietor's efforts and consumer
acceptance of wines from that area. Therefore, no regulatory
flexibility analysis is required.
Executive Order 12866
It has been determined that this final 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 final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Section 9.95 is amended by adding paragraph (b)(9), revising
paragraphs (c)(4) and (5), redesignating paragraphs (c)(6) through (12)
as paragraphs (c)(7) through (13), and adding new paragraph(c)(6) to
read as follows:
Sec. 9.95 Clarksburg.
* * * * *
(b) * * *
(9) Rio Vista, Calif., 1978 (minor revision 1993).
(c) * * *
(4) Then south along Miner Slough to the point where it joins Cache
Slough.
(5) Then south along Cache Slough to the point where it joins the
Sacramento River.
(6) Then east, then generally northeasterly along the meandering
Sacramento River to the point where it
[[Page 13160]]
meets the Delta Cross Channel at the Southern Pacific Railroad.
* * * * *
Signed: March 2, 2022.
Mary G. Ryan,
Administrator.
Approved: March 2, 2022.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2022-05001 Filed 3-8-22; 8:45 am]
BILLING CODE 4810-31-P
