Proposed Establishment of the Yucaipa Valley Viticultural Area, 57657-57661 [2022-20404]
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Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Proposed Rules
HUD STATUTORY AND REGULATORY AUTHORITY FOR IMPOSITION OF CIVIL MONEY PENALTIES—Continued
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This document announces that HUD
is considering revising its
implementation of the 2015 Act by
providing that the adjusted penalty
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assessed after the publication of the
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of Management and Budget (‘‘OMB’’)
guidance (M–22–07) which provides the
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‘‘penalties assessed after the effective
date of the applicable adjustment’’.2
Finally, a review of the penalty
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III. Request for Public Comments
In considering the forthcoming 2023
fiscal year, HUD is considering whether
to revise its implementation of the 2015
Act to apply inflation-adjusted penalty
amounts on the date the penalty is
assessed, rather than the earlier date of
2 December 15, 2021, Memorandum for the Heads
of Executive Departments and Agencies (M–22–07)
from Shalanda D. Young, Acting Director, Office of
Management and Budget, Implementation of
Penalty Inflation Adjustments for 2022, Pursuant to
the Federal Civil Penalties Inflation Adjustment Act
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4.
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Damon Smith,
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[FR Doc. 2022–20311 Filed 9–20–22; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2022–0008; Notice No.
214]
RIN 1513–AC85
Proposed Establishment of the
Yucaipa Valley Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the 36,467-acre ‘‘Yucaipa
Valley’’ viticultural area in San
Bernardino County, in California. The
proposed viticultural area is not within
any other established viticultural area.
TTB designates viticultural areas to
allow vintners to better describe the
origin of their wines and to allow
consumers to better identify wines they
may purchase. TTB invites comments
on this proposed addition to its
regulations.
SUMMARY:
Comments must be received by
November 21, 2022.
ADDRESSES: You may electronically
submit comments to TTB on this
proposal using the comment form for
this document posted within Docket No.
DATES:
PO 00000
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§ 30.50.
§ 30.60.
§ 30.65.
§ 30.68.
§ 87.400.
§ 180.671(a).
§ 3282.10.
TTB–2022–0008 on the Regulations.gov
website at https://www.regulations.gov.
At the same location, you also may view
copies of this document, the related
petition and selected supporting
materials, and any comments TTB
receives on this proposal. A direct link
to that docket is available on the TTB
website at https://www.ttb.gov/wine/
notices-of-proposed-rulemaking under
Notice No. 214. Alternatively, you may
submit comments via postal mail to the
Director, Regulations and Ruling
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box
12, Washington, DC 20005. Please see
the Public Participation section of this
document for further information on the
comments requested on this proposal
and on the submission, confidentiality,
and public disclosure of comments.
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). In addition,
the Secretary of the Treasury has
delegated certain administrative and
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Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Proposed Rules
enforcement authorities to TTB through
Treasury Order 120–01.
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, 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.
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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
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 to
establish or modify AVAs. Petitions to
establish an AVA must include the
following:
• Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
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proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Yucaipa Valley Petition
TTB received a petition from the
Yucaipa Valley Wine Alliance,
proposing the establishment of the
‘‘Yucaipa Valley’’ AVA. The proposed
Yucaipa Valley AVA is located in San
Bernardino County, California. The
proposed AVA contains 36,467 acres,
with approximately 23 vineyards and 2
wineries. Grape varietals grown within
the proposed AVA include Cabernet
Sauvignon, Merlot, Zinfandel, Syrah,
Malbec, Nebbiolo, Barbera, and Petite
Sirah.
According to the petition, the
distinguishing features of the proposed
Yucaipa Valley AVA include its
elevation and climate. Although the
petition also included information about
the soils of the proposed AVA, TTB has
not included soils in the discussion of
distinguishing features. The petition
states that areas to the west, northwest,
south, southeast and east have soils
similar to those of the proposed AVA,
and the petition does not include an
adequate comparison of soils in the
proposed AVA with soils in areas to the
north, northeast, and southwest. Unless
otherwise noted, all information and
data pertaining to the proposed AVA
contained in this document are from the
petition for the proposed Yucaipa
Valley AVA and its supporting exhibits.
Name Evidence
The petition notes that, although the
town of Yucaipa is located within the
proposed Yucaipa Valley AVA, the
region was known as the ‘‘Yucaipa
Valley’’ long before the town’s
incorporation in 1989. As evidence of
the long-term use of the name, the
petition included a copy of an
advertisement from 1910 announcing
prime agricultural land for sale in the
region of the proposed AVA. The
advertisement claims, ‘‘There is no
better apple country than the Yucaipa
Valley.’’ 1 The petition also included a
1920 article titled ‘‘Yucaipa Valley
Scores as Apple Producer.’’ 2 A 1925
article about the Yucaipa Apple Festival
notes that President William Taft
thanked the festival organizers for a box
of ‘‘Yucaipa Valley’’ apples they sent to
1 Sunset Homeseeker’s Bureau of Information,
1910, volume 24, page 871.
2 Killingsworth, K.S. ‘‘Yucaipa Valley Scores as
Apple Producer.’’ Pacific Rural Press, April 16,
1920: page 592.
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him.3 By the 1950s, the region was
promoting itself to visitors with a
billboard proclaiming ‘‘Welcome to
Yucaipa Valley.’’ 4
The petition included information
regarding the current use of the name
‘‘Yucaipa Valley’’ to describe the region
of the proposed AVA. For example,
sports organizations and facilities
serving the region include the Yucaipa
Valley Golf Club, Yucaipa Valley Youth
Soccer Organization, and the Yucaipa
Valley National League and Yucaipa
Valley American League divisions of
Little League Baseball. Organizations
within the region include the Yucaipa
Valley Historical Society, Yucaipa
Valley Lions Club, Yucaipa Valley
Amateur Radio Club, and the Yucaipa
Valley Spanish Church. Other
businesses include the Yucaipa Valley
Center shopping center, Yucaipa Valley
Optometry, and the Yucaipa Valley
Manufactured Home Community.
Boundary Evidence
The proposed Yucaipa Valley AVA is
a region of rolling hills in the foothills
of the San Bernardino Mountains. The
petition states that the boundaries of the
region known historically as the
Yucaipa Valley are clearly delineated by
the Yucaipa Valley Historical Society to
mean the boundaries of Yucaipa, Oak
Glen, and Calimesa.5 The proposed
AVA includes the incorporated
municipalities of Yucaipa and Calimesa
and unincorporated areas of Oak Glen,
as well as surrounding county areas
with natural borders. The proposed
northern boundary follows a series of
section lines on the USGS maps, as well
as elevation contours, to separate the
proposed AVA from the steeper slopes
of the Yucaipa Ridge mountain range.
The proposed eastern boundary largely
follows Little San Gorgonio Creek to
separate the proposed AVA from regions
that traditionally have not been
associated with the region known as the
‘‘Yucaipa Valley.’’ The southern
boundary follows a series of roads to
separate the proposed AVA from the
towns of Cherry Valley and Beaumont,
while the proposed western boundary
generally follows land tract boundaries.
Distinguishing Features
The distinguishing features of the
proposed Yucaipa Valley AVA include
its elevation and climate.
3 Sanders, J.R. Images of America: Oak Glen Los
Rios Ranchos. Arcadia Publishing, 2006.
4 City of Yucaipa Hazard Mitigation Plan, August
8, 2016, page 7.
5 www.yucaipahistory.org.
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Elevation
Elevations within the proposed
Yucaipa Valley AVA range from 2,000
to 4,600 feet. According to the petition,
the high elevations affect viticulture. At
high elevations, sunlight becomes more
concentrated. As a result, grapes receive
a ‘‘tan,’’ which results in thicker skin
than the same varietals grown at lower
elevations would have. The petition
states that thick skins contribute to the
color and tannin levels of the resulting
wine and protect developing grapes
from the dramatic climate shifts that can
occur in high altitude vineyards.
To the immediate north and northeast
of the proposed AVA is the mountain
range known as the Yucaipa Ridge,
which has steep slopes that generate
elevations up to 2,000 feet higher than
the northern boundary of the proposed
AVA at each point. The region east of
the proposed AVA has elevations
similar to those within the proposed
AVA. However, the petition states that
the region to the east is not included in
the proposed AVA because it is largely
uninhabited and undeveloped, has few
roads, and does not have historical ties
to the region known as the Yucaipa
Valley. Furthermore, according to the
USGS maps included in the petition, the
region to the east of the proposed AVA
is largely covered by the San Bernardino
National Forest, which is not available
for commercial viticulture due to its
status as a National Forest. Cherry
Valley and Beaumont to the south and
southeast have elevations similar to
those in the lower portions of the
proposed AVA. To the south and
southwest of the proposed AVA, in San
Timoteo Canyon, elevations are lower,
ranging from 1,600 to 2,000 feet. To the
west of the proposed AVA is the
Redlands Valley, which also has lower
elevations ranging from 1,100 to 2,000
feet.
Climate
According to the petition, the
proposed Yucaipa Valley AVA has a
hot, dry climate suitable for growing
grape varietals such as Cabernet
Sauvignon, Merlot, Zinfandel, Syrah,
Malbec, Nebbiolo, Barbera, and Petite
Sirah. The petition included
information on the average monthly
high, average monthly low, monthly
record high, and monthly record low
temperatures from the city of Yucaipa,
as well as from the region to the west
and the region to the north-northeast of
the proposed AVA. Within the city of
Yucaipa, the average high temperature
is 78.3 degrees Fahrenheit (F), and the
average low temperature is 48.7 degrees
F. August is typically the warmest
month, with an average high of 97
degrees F, and December is typically the
coolest month, with an average
minimum temperature of 40 degrees F.
The record high temperature in the city
of Yucaipa is 114 degrees F, while the
record low temperature is 11 degrees F.
The city of Redlands, to the west of
the proposed AVA, has slightly higher
average high and low temperatures than
the proposed AVA. The average high
temperature is 79.6 degrees F, and the
average low temperature is 50.5 degrees
F. August is typically the warmest
month in Redlands, with an average
high of 96 degrees F, and December is
typically the coolest month, with an
average minimum temperature of 40
degrees F. The record high temperature
in Redlands is 118 degrees F, and the
record low temperature is 18 degrees F.
To the north and northeast of the
proposed AVA, the community of Forest
Falls is typically cooler than the
proposed AVA. The average high
temperature is 61.5 degrees F, and the
average low temperature is 40.9 degrees
F. August is typically the warmest
month, with an average high of 81
degrees F. The record high temperature
is 106 degrees F, and the record low
temperature is 5 degrees F.
The petition also included
information about precipitation
amounts within the proposed Yucaipa
Valley AVA and the surrounding
57659
regions. The city of Yucaipa receives an
average cumulative rainfall of 4.14
inches during the growing season of
April through October. The average
precipitation amount for the city of
Yucaipa during the winter months,
November through March, is
substantially greater, 15.35 inches, with
an average of 1 inch being snow.
Accumulations of snow accrue at higher
elevations within the proposed AVA.
According to the petition, the amount of
snowfall and winter precipitation
within the proposed AVA affects
viticulture, even though the vines are
dormant. First, the snow helps ensure
continued vine dormancy and provides
a ‘‘necessary rest’’ from continual
growth. The precipitation also creates
hydric reserves that are beneficial
during the hot, dry summer months.
Finally, the snow protects vines against
fungi and pests that hide within the
bark when temperatures become colder.
To the west of the proposed AVA, the
town of Redlands receives an average of
10.86 inches of winter precipitation. To
the south of the proposed AVA, the city
of Beaumont receives an average winter
precipitation amount very similar to
that of the proposed AVA. However, the
petition states that because of the lower
elevations, temperatures in Beaumont
and Redlands seldom drop low enough
for the precipitation to fall as snow.
Although the region to the east of the
proposed AVA has a winter climate
similar to that of the proposed AVA,
that region is outside of what has
historically been called the Yucaipa
Valley and is thus not included in the
proposed AVA.
Summary of Distinguishing Features
In summary, the elevation and climate
of the proposed Yucaipa Valley AVA
distinguish it from the surrounding
regions. The following table shows the
characteristics of the proposed AVA
compared to the features of the
surrounding regions.
TABLE—FEATURES OF PROPOSED AVA AND SURROUNDING REGIONS
Features
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Region
Elevation
Climate
Proposed Yucaipa Valley AVA .......
2,000 to 4,600 feet ........................
North, Northeast ..............................
Higher, mountainous elevations,
up to 2,000 feet higher than the
northern boundary of the proposed AVA.
Average monthly high temperature of 78.3 degrees F; average
monthly low temperature of 48.7 degrees F; record maximum temperature of 114 degrees F; record low temperature of 11 degrees
F; dry growing season with average rainfall of 4.14 inches per
growing season; higher winter rainfall with averages of 15.35
inches per winter, including average of 1 inch of snow.
Average monthly high of 61.5 degrees F; average monthly low of
40.9 degrees F; record high of 106 degrees F; record low of 5 degrees F.
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TABLE—FEATURES OF PROPOSED AVA AND SURROUNDING REGIONS—Continued
Features
Region
East .................................................
South, Southwest ............................
West ................................................
Elevation
Climate
Similar to proposed AVA, but not
within the region traditionally
known as Yucaipa Valley.
1,600 to 2,000 feet ........................
1,100 to 2,000 feet ........................
Similar to proposed AVA, but not within the region traditionally known
as Yucaipa Valley.
TTB Determination
TTB concludes that the petition to
establish the proposed Yucaipa Valley
AVA merits consideration and public
comment, as invited in this notice of
proposed rulemaking.
Boundary Description
See the narrative description of the
boundary of the petitioned-for AVA in
the proposed regulatory text published
at the end of this proposed rule.
Maps
The petitioner provided the required
maps, and TTB lists them below in the
proposed regulatory text. You may also
view the proposed Yucaipa Valley AVA
boundary on the AVA Map Explorer on
the TTB website, at https://www.ttb.gov/
wine/ava-map-explorer.
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Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name,
at least 85 percent of the wine must be
derived from grapes grown within the
area represented by that name, and the
wine must meet the other conditions
listed in § 4.25(e)(3) of the TTB
regulations (27 CFR 4.25(e)(3)). If the
wine is not eligible for labeling with an
AVA name and that name appears in the
brand name, then the label is not in
compliance and the bottler must change
the brand name and obtain approval of
a new label. Similarly, if the AVA name
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label. Different rules apply if a wine has
a brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
§ 4.39(i)(2) of the TTB regulations (27
CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA,
its name, ‘‘Yucaipa 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
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Seldom receives snow.
Average monthly high of 79.6 degrees F; average monthly low of
50.5 degrees F; record high of 118 degrees F; record low of 18 degrees F; average winter rainfall of 10.86 inches annually.
text of the proposed regulation clarifies
this point. Consequently, wine bottlers
using the name ‘‘Yucaipa 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
TTB adopts this proposed rule as a final
rule.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should establish the proposed Yucaipa
Valley AVA. TTB is also interested in
receiving comments on the sufficiency
and accuracy of required information
submitted in support of the petition.
Please provide specific information in
support of your comments.
Because of the potential impact of the
establishment of the proposed Yucaipa
Valley AVA on wine labels that include
the term ‘‘Yucaipa 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
proposed AVA.
Submitting Comments
You may submit comments on this
proposal as an individual or on behalf
of a business or other organization via
the Regulations.gov website or via
postal mail, as described in the
ADDRESSES section of this document.
Your comment must reference Notice
No. 214 and must be submitted or
postmarked by the closing date shown
in the DATES section of this document.
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You may upload or include attachments
with your comment. You also may
request a public hearing on this
proposal. The TTB Administrator
reserves the right to determine whether
to hold a public hearing.
Confidentiality and Disclosure of
Comments
All submitted comments and
attachments are part of the rulemaking
record and are subject to public
disclosure. Do not enclose any material
in your comments that you consider
confidential or that is inappropriate for
disclosure.
TTB will post, and you may view,
copies of this document, the related
petition and selected supporting
materials, and any comments TTB
receives about this proposal within the
related Regulations.gov docket. In
general, TTB will post comments as
submitted, and it will not redact any
identifying or contact information from
the body of a comment or attachment.
Please contact TTB’s Regulations and
Rulings Division by email using the web
form available at https://www.ttb.gov/
contact-rrd, or by telephone at 202–453–
2265, if you have any questions about
commenting on this proposal or to
request copies of this document, the
related petition and its supporting
materials, or any comments received.
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
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Executive Order 12866 of September 30,
1993. Therefore, no regulatory
assessment is required.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, Code of Federal
Regulations, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Add § 9.ll to subpart C to read as
follows:
■
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§ 9.ll
Yucaipa Valley.
(a) Name. The name of the viticultural
area described in this section is
‘‘Yucaipa Valley’’. For purposes of part
4 of this chapter, ‘‘Yucaipa Valley’’ is a
term of viticultural significance.
(b) Approved maps. The 4 United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Yucaipa
Valley viticultural area are:
(1) Yucaipa, CA, 1996;
(2) Forest Falls, CA, 1996;
(3) Beaumont, CA, 1996; and
(4) El Casco, CA, 1967; photorevised
1979.
(c) Boundary. The Yucaipa Valley
viticultural area is located in San
Bernardino County, California. The
boundary of the Yucaipa Valley
viticultural area is as described as
follows:
(1) The boundary begins on the
Yucaipa map at the intersection of
Highway 38/Mill Creek Road and the
western boundary of section 13, T1S/
R2W. From the beginning point,
proceed northeast along Highway 38/
Mill Creek Road to the 2,924-foot
benchmark in section 13; then
(2) Proceed east in a straight line to
the 3,800-foot elevation contour in
section 18, T1S/R1W; then
(3) Proceed east-southeasterly along
the 3,800-foot elevation contour,
crossing onto the Forest Falls map, and
continuing along the 3,800-foot
elevation contour to its intersection
with Wilson Creek along the eastern
boundary of section 21, T1S/R1W; then
(4) Proceed northerly along Wilson
Creek to its intersection with the 4,400foot elevation contour in section 22,
T1S/R1W; then
VerDate Sep<11>2014
17:00 Sep 20, 2022
Jkt 256001
(5) Proceed south-southeasterly along
the 4,400-foot elevation contour to its
intersection with Birch Creek in section
26, T1S/RR1W; then
(6) Proceed northeasterly along Birch
Creek to its intersection with the 5,200foot elevation contour in section 23,
T1S/R1W; then
(7) Proceed south-southeasterly along
the 5,200-foot elevation contour to its
intersection with the eastern branch of
Little San Gorgonio Creek along the San
Bernardino National Forest boundary in
section 31, T1S/R1E; then
(8) Proceed southwesterly along the
eastern branch of Little San Gorgonio
Creek to its confluence with the main
channel of Little San Gorgonio Creek
near the gaging station in section 1,
R1W/T2S; then
(9) Proceed southwesterly along the
main channel of Little San Gorgonio
Creek, crossing onto the Beaumont map,
and continuing along the creek to its
intersection with Orchard Avenue in
section 22, T2S/R1W; then
(10) Proceed west along Orchard
Street to the point where the road makes
a sharp turn south and becomes locally
known as Taylor Street along the
western boundary of section 28, T2S/
R1W; then
(11) Proceed south along Taylor Street
to its intersection with Vineland
Avenue in section 28, T2S/R1W; then
(12) Proceed west along Vineland
Avenue to its intersection with an
unnamed road known locally as Union
Street along the western edge of the
Beaumont map in section 29, T2S/R1W;
then
(13) Proceed south along Union Street
to its intersection with Woodland
Avenue in section 29, T2S/R1W; then
(14) Proceed west along Woodland
Avenue, crossing onto the El Casco map,
where the road becomes known as
Cherry Valley Boulevard, and continue
west along Cherry Valley Boulevard to
its intersection with Interstate 10 in the
Tract Between San Jacinto and San
Gorgonio, T2S/R2W; then
(15) Proceed southeasterly along
Interstate 10 to its intersection with the
first unnamed, intermittent stream in
section 32, T2S/R1W; then
(16) Proceed west in a straight line to
the western boundary of section 31,
T2S/R1W; then
(17) Proceed north along the western
boundary of section 31 to the
southernmost transmission line at the
northwest corner of section 31, T2S/
R1W; then
(18) Proceed northwesterly along the
transmission line to its intersection with
San Timoteo Canyon Road in the Tract
Between San Jacinto and San Gorgonio,
T2S/R2W; then
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
57661
(19) Proceed northwesterly along San
Timoteo Canyon Road to its intersection
with the western boundary of the Tract
Between San Jacinto and San Gorgonio,
T2S/R2W; then
(20) Proceed north, then northeasterly
along the boundary of the tract to its
intersection with the southwestern
corner of section 22, T2S/R2W; then
(21) Proceed north along the western
boundary of section 22 to its
intersection with the southeastern
corner of section 16, T2S/R2W; then
(22) Proceed west along the southern
boundaries of sections 16 and 17 to the
southwestern corner of section 17, T2S/
R2W; then
(23) Proceed north along the western
boundary of section 17, crossing onto
the Yucaipa map and continuing along
the western boundary of section 17 to its
intersection with the Riverside–San
Bernardino County line along the
northern boundary of section 17, T2S/
R2W; then
(24) Proceed east along the Riverside–
San Bernardino County line to its
intersection with the eastern boundary
of section 17, T2S/R2W; then
(25) Proceed north in a straight line to
the boundary of the San Bernardino
Land Grant, T2S/R2W; then
(26) Proceed west along the land grant
boundary to its intersection with the
eastern boundary of section 8, T2S/
R2W; then
(27) Proceed north along the eastern
boundaries of sections 8 and 5 to the
intersection of the northeast corner of
section 5 and an unnamed road known
locally as Highview Drive, T2S/R2W;
then
(28) Proceed northwest in a straight
line to its intersection with Interstate 10
west of an unnamed light-duty road
known locally as Knoll Road in the San
Bernardino Land Grant, T2S/R2W; then
(29) Proceed northeast in a straight
line to the northeast corner of section
32, T1S/R2W; then
(30) Proceed east along the northern
boundaries of sections 33, 34, and 35 to
the southwestern corner of section 25,
T1S/R2W; then
(31) Proceed north along the western
boundaries of sections 25, 24, and 13 to
the intersection of the western boundary
of section 13 and Highway 38/Mill
Creek Road, T1S/R2W, which is the
beginning point.
Signed: September 8, 2022.
Mary G. Ryan,
Administrator.
Approved: September 8, 2022.
Thomas C. West, Jr.,
Assistant Secretary, (Tax Policy).
[FR Doc. 2022–20404 Filed 9–20–22; 8:45 am]
BILLING CODE 4810–31–P
E:\FR\FM\21SEP1.SGM
21SEP1
Agencies
[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Proposed Rules]
[Pages 57657-57661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20404]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2022-0008; Notice No. 214]
RIN 1513-AC85
Proposed Establishment of the Yucaipa Valley Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the 36,467-acre ``Yucaipa Valley'' viticultural area in San
Bernardino County, in California. The proposed viticultural area is not
within any other established viticultural area. TTB designates
viticultural areas to allow vintners to better describe the origin of
their wines and to allow consumers to better identify wines they may
purchase. TTB invites comments on this proposed addition to its
regulations.
DATES: Comments must be received by November 21, 2022.
ADDRESSES: You may electronically submit comments to TTB on this
proposal using the comment form for this document posted within Docket
No. TTB-2022-0008 on the Regulations.gov website at https://www.regulations.gov. At the same location, you also may view copies of
this document, the related petition and selected supporting materials,
and any comments TTB receives on this proposal. A direct link to that
docket is available on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking under Notice No. 214. Alternatively, you
may submit comments via postal mail to the Director, Regulations and
Ruling Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005. Please see the Public
Participation section of this document for further information on the
comments requested on this proposal and on the submission,
confidentiality, and public disclosure of comments.
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). In addition, the Secretary of the Treasury
has delegated certain administrative and
[[Page 57658]]
enforcement authorities to TTB through Treasury Order 120-01.
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, 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 petition TTB to establish a grape-growing region as an AVA.
Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards
for petitions to establish or modify AVAs. Petitions to establish an
AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Yucaipa Valley Petition
TTB received a petition from the Yucaipa Valley Wine Alliance,
proposing the establishment of the ``Yucaipa Valley'' AVA. The proposed
Yucaipa Valley AVA is located in San Bernardino County, California. The
proposed AVA contains 36,467 acres, with approximately 23 vineyards and
2 wineries. Grape varietals grown within the proposed AVA include
Cabernet Sauvignon, Merlot, Zinfandel, Syrah, Malbec, Nebbiolo,
Barbera, and Petite Sirah.
According to the petition, the distinguishing features of the
proposed Yucaipa Valley AVA include its elevation and climate. Although
the petition also included information about the soils of the proposed
AVA, TTB has not included soils in the discussion of distinguishing
features. The petition states that areas to the west, northwest, south,
southeast and east have soils similar to those of the proposed AVA, and
the petition does not include an adequate comparison of soils in the
proposed AVA with soils in areas to the north, northeast, and
southwest. Unless otherwise noted, all information and data pertaining
to the proposed AVA contained in this document are from the petition
for the proposed Yucaipa Valley AVA and its supporting exhibits.
Name Evidence
The petition notes that, although the town of Yucaipa is located
within the proposed Yucaipa Valley AVA, the region was known as the
``Yucaipa Valley'' long before the town's incorporation in 1989. As
evidence of the long-term use of the name, the petition included a copy
of an advertisement from 1910 announcing prime agricultural land for
sale in the region of the proposed AVA. The advertisement claims,
``There is no better apple country than the Yucaipa Valley.'' \1\ The
petition also included a 1920 article titled ``Yucaipa Valley Scores as
Apple Producer.'' \2\ A 1925 article about the Yucaipa Apple Festival
notes that President William Taft thanked the festival organizers for a
box of ``Yucaipa Valley'' apples they sent to him.\3\ By the 1950s, the
region was promoting itself to visitors with a billboard proclaiming
``Welcome to Yucaipa Valley.'' \4\
---------------------------------------------------------------------------
\1\ Sunset Homeseeker's Bureau of Information, 1910, volume 24,
page 871.
\2\ Killingsworth, K.S. ``Yucaipa Valley Scores as Apple
Producer.'' Pacific Rural Press, April 16, 1920: page 592.
\3\ Sanders, J.R. Images of America: Oak Glen Los Rios Ranchos.
Arcadia Publishing, 2006.
\4\ City of Yucaipa Hazard Mitigation Plan, August 8, 2016, page
7.
---------------------------------------------------------------------------
The petition included information regarding the current use of the
name ``Yucaipa Valley'' to describe the region of the proposed AVA. For
example, sports organizations and facilities serving the region include
the Yucaipa Valley Golf Club, Yucaipa Valley Youth Soccer Organization,
and the Yucaipa Valley National League and Yucaipa Valley American
League divisions of Little League Baseball. Organizations within the
region include the Yucaipa Valley Historical Society, Yucaipa Valley
Lions Club, Yucaipa Valley Amateur Radio Club, and the Yucaipa Valley
Spanish Church. Other businesses include the Yucaipa Valley Center
shopping center, Yucaipa Valley Optometry, and the Yucaipa Valley
Manufactured Home Community.
Boundary Evidence
The proposed Yucaipa Valley AVA is a region of rolling hills in the
foothills of the San Bernardino Mountains. The petition states that the
boundaries of the region known historically as the Yucaipa Valley are
clearly delineated by the Yucaipa Valley Historical Society to mean the
boundaries of Yucaipa, Oak Glen, and Calimesa.\5\ The proposed AVA
includes the incorporated municipalities of Yucaipa and Calimesa and
unincorporated areas of Oak Glen, as well as surrounding county areas
with natural borders. The proposed northern boundary follows a series
of section lines on the USGS maps, as well as elevation contours, to
separate the proposed AVA from the steeper slopes of the Yucaipa Ridge
mountain range. The proposed eastern boundary largely follows Little
San Gorgonio Creek to separate the proposed AVA from regions that
traditionally have not been associated with the region known as the
``Yucaipa Valley.'' The southern boundary follows a series of roads to
separate the proposed AVA from the towns of Cherry Valley and Beaumont,
while the proposed western boundary generally follows land tract
boundaries.
---------------------------------------------------------------------------
\5\ www.yucaipahistory.org.
---------------------------------------------------------------------------
Distinguishing Features
The distinguishing features of the proposed Yucaipa Valley AVA
include its elevation and climate.
[[Page 57659]]
Elevation
Elevations within the proposed Yucaipa Valley AVA range from 2,000
to 4,600 feet. According to the petition, the high elevations affect
viticulture. At high elevations, sunlight becomes more concentrated. As
a result, grapes receive a ``tan,'' which results in thicker skin than
the same varietals grown at lower elevations would have. The petition
states that thick skins contribute to the color and tannin levels of
the resulting wine and protect developing grapes from the dramatic
climate shifts that can occur in high altitude vineyards.
To the immediate north and northeast of the proposed AVA is the
mountain range known as the Yucaipa Ridge, which has steep slopes that
generate elevations up to 2,000 feet higher than the northern boundary
of the proposed AVA at each point. The region east of the proposed AVA
has elevations similar to those within the proposed AVA. However, the
petition states that the region to the east is not included in the
proposed AVA because it is largely uninhabited and undeveloped, has few
roads, and does not have historical ties to the region known as the
Yucaipa Valley. Furthermore, according to the USGS maps included in the
petition, the region to the east of the proposed AVA is largely covered
by the San Bernardino National Forest, which is not available for
commercial viticulture due to its status as a National Forest. Cherry
Valley and Beaumont to the south and southeast have elevations similar
to those in the lower portions of the proposed AVA. To the south and
southwest of the proposed AVA, in San Timoteo Canyon, elevations are
lower, ranging from 1,600 to 2,000 feet. To the west of the proposed
AVA is the Redlands Valley, which also has lower elevations ranging
from 1,100 to 2,000 feet.
Climate
According to the petition, the proposed Yucaipa Valley AVA has a
hot, dry climate suitable for growing grape varietals such as Cabernet
Sauvignon, Merlot, Zinfandel, Syrah, Malbec, Nebbiolo, Barbera, and
Petite Sirah. The petition included information on the average monthly
high, average monthly low, monthly record high, and monthly record low
temperatures from the city of Yucaipa, as well as from the region to
the west and the region to the north-northeast of the proposed AVA.
Within the city of Yucaipa, the average high temperature is 78.3
degrees Fahrenheit (F), and the average low temperature is 48.7 degrees
F. August is typically the warmest month, with an average high of 97
degrees F, and December is typically the coolest month, with an average
minimum temperature of 40 degrees F. The record high temperature in the
city of Yucaipa is 114 degrees F, while the record low temperature is
11 degrees F.
The city of Redlands, to the west of the proposed AVA, has slightly
higher average high and low temperatures than the proposed AVA. The
average high temperature is 79.6 degrees F, and the average low
temperature is 50.5 degrees F. August is typically the warmest month in
Redlands, with an average high of 96 degrees F, and December is
typically the coolest month, with an average minimum temperature of 40
degrees F. The record high temperature in Redlands is 118 degrees F,
and the record low temperature is 18 degrees F.
To the north and northeast of the proposed AVA, the community of
Forest Falls is typically cooler than the proposed AVA. The average
high temperature is 61.5 degrees F, and the average low temperature is
40.9 degrees F. August is typically the warmest month, with an average
high of 81 degrees F. The record high temperature is 106 degrees F, and
the record low temperature is 5 degrees F.
The petition also included information about precipitation amounts
within the proposed Yucaipa Valley AVA and the surrounding regions. The
city of Yucaipa receives an average cumulative rainfall of 4.14 inches
during the growing season of April through October. The average
precipitation amount for the city of Yucaipa during the winter months,
November through March, is substantially greater, 15.35 inches, with an
average of 1 inch being snow. Accumulations of snow accrue at higher
elevations within the proposed AVA. According to the petition, the
amount of snowfall and winter precipitation within the proposed AVA
affects viticulture, even though the vines are dormant. First, the snow
helps ensure continued vine dormancy and provides a ``necessary rest''
from continual growth. The precipitation also creates hydric reserves
that are beneficial during the hot, dry summer months. Finally, the
snow protects vines against fungi and pests that hide within the bark
when temperatures become colder.
To the west of the proposed AVA, the town of Redlands receives an
average of 10.86 inches of winter precipitation. To the south of the
proposed AVA, the city of Beaumont receives an average winter
precipitation amount very similar to that of the proposed AVA. However,
the petition states that because of the lower elevations, temperatures
in Beaumont and Redlands seldom drop low enough for the precipitation
to fall as snow. Although the region to the east of the proposed AVA
has a winter climate similar to that of the proposed AVA, that region
is outside of what has historically been called the Yucaipa Valley and
is thus not included in the proposed AVA.
Summary of Distinguishing Features
In summary, the elevation and climate of the proposed Yucaipa
Valley AVA distinguish it from the surrounding regions. The following
table shows the characteristics of the proposed AVA compared to the
features of the surrounding regions.
Table--Features of Proposed AVA and Surrounding Regions
------------------------------------------------------------------------
Features
Region -----------------------------------------
Elevation Climate
------------------------------------------------------------------------
Proposed Yucaipa Valley AVA... 2,000 to 4,600 Average monthly high
feet. temperature of 78.3
degrees F; average
monthly low
temperature of 48.7
degrees F; record
maximum temperature
of 114 degrees F;
record low
temperature of 11
degrees F; dry
growing season with
average rainfall of
4.14 inches per
growing season;
higher winter
rainfall with
averages of 15.35
inches per winter,
including average of
1 inch of snow.
North, Northeast.............. Higher, Average monthly high
mountainous of 61.5 degrees F;
elevations, up average monthly low
to 2,000 feet of 40.9 degrees F;
higher than the record high of 106
northern degrees F; record
boundary of the low of 5 degrees F.
proposed AVA.
[[Page 57660]]
East.......................... Similar to Similar to proposed
proposed AVA, AVA, but not within
but not within the region
the region traditionally known
traditionally as Yucaipa Valley.
known as Yucaipa
Valley.
South, Southwest.............. 1,600 to 2,000 Seldom receives snow.
feet.
West.......................... 1,100 to 2,000 Average monthly high
feet. of 79.6 degrees F;
average monthly low
of 50.5 degrees F;
record high of 118
degrees F; record
low of 18 degrees F;
average winter
rainfall of 10.86
inches annually.
------------------------------------------------------------------------
TTB Determination
TTB concludes that the petition to establish the proposed Yucaipa
Valley AVA merits consideration and public comment, as invited in this
notice of proposed rulemaking.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA in the proposed regulatory text published at the end of this
proposed rule.
Maps
The petitioner provided the required maps, and TTB lists them below
in the proposed regulatory text. You may also view the proposed Yucaipa
Valley AVA boundary on the AVA Map Explorer on the TTB website, at
https://www.ttb.gov/wine/ava-map-explorer.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name, at least 85
percent of the wine must be derived from grapes grown within the area
represented by that name, and the wine must meet the other conditions
listed in Sec. 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling with an AVA name and that name
appears in the brand name, then the label is not in compliance and the
bottler must change the brand name and obtain approval of a new label.
Similarly, if the AVA name appears in another reference on the label in
a misleading manner, the bottler would have to obtain approval of a new
label. Different rules apply if a wine has a brand name containing an
AVA name that was used as a brand name on a label approved before July
7, 1986. See Sec. 4.39(i)(2) of the TTB regulations (27 CFR
4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Yucaipa 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 ``Yucaipa 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 TTB adopts this proposed rule as a final
rule.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed Yucaipa Valley AVA. TTB is
also interested in receiving comments on the sufficiency and accuracy
of required information submitted in support of the petition. Please
provide specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Yucaipa Valley AVA on wine labels that include the term
``Yucaipa 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 proposed AVA.
Submitting Comments
You may submit comments on this proposal as an individual or on
behalf of a business or other organization via the Regulations.gov
website or via postal mail, as described in the ADDRESSES section of
this document. Your comment must reference Notice No. 214 and must be
submitted or postmarked by the closing date shown in the DATES section
of this document. You may upload or include attachments with your
comment. You also may request a public hearing on this proposal. The
TTB Administrator reserves the right to determine whether to hold a
public hearing.
Confidentiality and Disclosure of Comments
All submitted comments and attachments are part of the rulemaking
record and are subject to public disclosure. Do not enclose any
material in your comments that you consider confidential or that is
inappropriate for disclosure.
TTB will post, and you may view, copies of this document, the
related petition and selected supporting materials, and any comments
TTB receives about this proposal within the related Regulations.gov
docket. In general, TTB will post comments as submitted, and it will
not redact any identifying or contact information from the body of a
comment or attachment.
Please contact TTB's Regulations and Rulings Division by email
using the web form available at https://www.ttb.gov/contact-rrd, or by
telephone at 202-453-2265, if you have any questions about commenting
on this proposal or to request copies of this document, the related
petition and its supporting materials, or any comments received.
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
[[Page 57661]]
Executive Order 12866 of September 30, 1993. Therefore, no regulatory
assessment is required.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Add Sec. 9.__ to subpart C to read as follows:
Sec. 9.__ Yucaipa Valley.
(a) Name. The name of the viticultural area described in this
section is ``Yucaipa Valley''. For purposes of part 4 of this chapter,
``Yucaipa Valley'' is a term of viticultural significance.
(b) Approved maps. The 4 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Yucaipa Valley viticultural area are:
(1) Yucaipa, CA, 1996;
(2) Forest Falls, CA, 1996;
(3) Beaumont, CA, 1996; and
(4) El Casco, CA, 1967; photorevised 1979.
(c) Boundary. The Yucaipa Valley viticultural area is located in
San Bernardino County, California. The boundary of the Yucaipa Valley
viticultural area is as described as follows:
(1) The boundary begins on the Yucaipa map at the intersection of
Highway 38/Mill Creek Road and the western boundary of section 13, T1S/
R2W. From the beginning point, proceed northeast along Highway 38/Mill
Creek Road to the 2,924-foot benchmark in section 13; then
(2) Proceed east in a straight line to the 3,800-foot elevation
contour in section 18, T1S/R1W; then
(3) Proceed east-southeasterly along the 3,800-foot elevation
contour, crossing onto the Forest Falls map, and continuing along the
3,800-foot elevation contour to its intersection with Wilson Creek
along the eastern boundary of section 21, T1S/R1W; then
(4) Proceed northerly along Wilson Creek to its intersection with
the 4,400-foot elevation contour in section 22, T1S/R1W; then
(5) Proceed south-southeasterly along the 4,400-foot elevation
contour to its intersection with Birch Creek in section 26, T1S/RR1W;
then
(6) Proceed northeasterly along Birch Creek to its intersection
with the 5,200-foot elevation contour in section 23, T1S/R1W; then
(7) Proceed south-southeasterly along the 5,200-foot elevation
contour to its intersection with the eastern branch of Little San
Gorgonio Creek along the San Bernardino National Forest boundary in
section 31, T1S/R1E; then
(8) Proceed southwesterly along the eastern branch of Little San
Gorgonio Creek to its confluence with the main channel of Little San
Gorgonio Creek near the gaging station in section 1, R1W/T2S; then
(9) Proceed southwesterly along the main channel of Little San
Gorgonio Creek, crossing onto the Beaumont map, and continuing along
the creek to its intersection with Orchard Avenue in section 22, T2S/
R1W; then
(10) Proceed west along Orchard Street to the point where the road
makes a sharp turn south and becomes locally known as Taylor Street
along the western boundary of section 28, T2S/R1W; then
(11) Proceed south along Taylor Street to its intersection with
Vineland Avenue in section 28, T2S/R1W; then
(12) Proceed west along Vineland Avenue to its intersection with an
unnamed road known locally as Union Street along the western edge of
the Beaumont map in section 29, T2S/R1W; then
(13) Proceed south along Union Street to its intersection with
Woodland Avenue in section 29, T2S/R1W; then
(14) Proceed west along Woodland Avenue, crossing onto the El Casco
map, where the road becomes known as Cherry Valley Boulevard, and
continue west along Cherry Valley Boulevard to its intersection with
Interstate 10 in the Tract Between San Jacinto and San Gorgonio, T2S/
R2W; then
(15) Proceed southeasterly along Interstate 10 to its intersection
with the first unnamed, intermittent stream in section 32, T2S/R1W;
then
(16) Proceed west in a straight line to the western boundary of
section 31, T2S/R1W; then
(17) Proceed north along the western boundary of section 31 to the
southernmost transmission line at the northwest corner of section 31,
T2S/R1W; then
(18) Proceed northwesterly along the transmission line to its
intersection with San Timoteo Canyon Road in the Tract Between San
Jacinto and San Gorgonio, T2S/R2W; then
(19) Proceed northwesterly along San Timoteo Canyon Road to its
intersection with the western boundary of the Tract Between San Jacinto
and San Gorgonio, T2S/R2W; then
(20) Proceed north, then northeasterly along the boundary of the
tract to its intersection with the southwestern corner of section 22,
T2S/R2W; then
(21) Proceed north along the western boundary of section 22 to its
intersection with the southeastern corner of section 16, T2S/R2W; then
(22) Proceed west along the southern boundaries of sections 16 and
17 to the southwestern corner of section 17, T2S/R2W; then
(23) Proceed north along the western boundary of section 17,
crossing onto the Yucaipa map and continuing along the western boundary
of section 17 to its intersection with the Riverside-San Bernardino
County line along the northern boundary of section 17, T2S/R2W; then
(24) Proceed east along the Riverside-San Bernardino County line to
its intersection with the eastern boundary of section 17, T2S/R2W; then
(25) Proceed north in a straight line to the boundary of the San
Bernardino Land Grant, T2S/R2W; then
(26) Proceed west along the land grant boundary to its intersection
with the eastern boundary of section 8, T2S/R2W; then
(27) Proceed north along the eastern boundaries of sections 8 and 5
to the intersection of the northeast corner of section 5 and an unnamed
road known locally as Highview Drive, T2S/R2W; then
(28) Proceed northwest in a straight line to its intersection with
Interstate 10 west of an unnamed light-duty road known locally as Knoll
Road in the San Bernardino Land Grant, T2S/R2W; then
(29) Proceed northeast in a straight line to the northeast corner
of section 32, T1S/R2W; then
(30) Proceed east along the northern boundaries of sections 33, 34,
and 35 to the southwestern corner of section 25, T1S/R2W; then
(31) Proceed north along the western boundaries of sections 25, 24,
and 13 to the intersection of the western boundary of section 13 and
Highway 38/Mill Creek Road, T1S/R2W, which is the beginning point.
Signed: September 8, 2022.
Mary G. Ryan,
Administrator.
Approved: September 8, 2022.
Thomas C. West, Jr.,
Assistant Secretary, (Tax Policy).
[FR Doc. 2022-20404 Filed 9-20-22; 8:45 am]
BILLING CODE 4810-31-P