Proposed Establishment of the Winters Highlands Viticultural Area, 72932-72936 [2022-25271]
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Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Proposed Rules
intersection with an unnamed local road
in section 22; then
(4) Proceed northeasterly along the
unnamed local road for approximately
3,000 feet to its intersection with
another unnamed local road; then
(5) Proceed north-northeast in a
straight line for approximately 500 feet
to the intersection of Beverly Burke
Road and an unnamed local road; then
(6) Proceed northeasterly along
Beverly Burke Road to the point where
it becomes concurrent with the northern
boundary of section 22, and continue
east along Beverly Burke Road to its
intersection with the eastern boundary
of section 22; then
(7) Proceed south along the eastern
boundary of section 22 for one mile to
its intersection with the northern
boundary of section 26; then
(8) Proceed east along the northern
boundary of section 26 for one mile to
its intersection with the eastern
boundary of section 26; then
(9) Proceed south along the eastern
boundary of section 26 to its
intersection with the 540-foot elevation
contour; then
(10) Proceed southwesterly along the
540-foot elevation contour to its
intersection with the southern boundary
of section 26; then
(11) Proceed west along the southern
boundary of section 26 to its
intersection with the eastern boundary
of section 34; then
(12) Proceed south along the eastern
boundary of section 34 for 1 mile to its
intersection with the southern boundary
of section 34; then
(13) Proceed west along the southern
boundary of section 34 for 0.5 mile to
the beginning point.
Signed: November 15, 2022.
Mary G. Ryan,
Administrator.
Approved: November 16, 2022.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2022–25272 Filed 11–25–22; 8:45 am]
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DEPARTMENT OF THE TREASURY
Background on Viticultural Areas
Alcohol and Tobacco Tax and Trade
Bureau
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
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.
27 CFR Part 9
[Docket No. TTB–2022–0013; Notice No.
218]
RIN 1513–AC91
Proposed Establishment of the Winters
Highlands 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 7,296-acre ‘‘Winters
Highlands’’ viticultural area in portions
of Solano and Yolo Counties, 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
January 27, 2023.
ADDRESSES: You may electronically
submit comments to TTB on this
proposal using the comment form for
this document posted within Docket No.
TTB–2022–0013 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. 218. 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:
SUMMARY:
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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 grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
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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.
Winters Highlands Petition
TTB received a petition from
Berryessa Gap Vineyards proposing the
establishment of the ‘‘Winters
Highlands’’ AVA. The proposed Winters
Highlands AVA is located in portions of
Solano and Yolo Counties, California.
The proposed AVA contains 7,296
acres, with 134 acres of planted
vineyards and an additional 60 acres
planned for future planting at the time
the petition was submitted. There are
also three wineries within the proposed
AVA. Grape varietals grown in the
proposed AVA include Petite Syrah,
Tempranillo, Malbec, and Chardonnay.
According to the petition, the
distinguishing features of the proposed
Winters Highlands AVA are its climate
and soils. Unless otherwise noted, all
information and data pertaining to the
proposed AVA contained in this
document are from the petition for the
proposed Winters Highlands AVA and
its supporting exhibits.
Name Evidence
The petition states that the proposed
Winters Highlands AVA is located in
the easternmost foothills of the northern
Coast Range, where the Coast Range
adjoins the Sacramento Valley. The city
of Winters is adjacent to the eastern
boundary of the proposed AVA but is
not located within the proposed AVA;
however, the Winters ZIP code is used
for both the city and the region within
the proposed AVA. The Winters
Community Center and Winters
Community Library both serve the
region of the proposed AVA, as does the
Winters Unified School District and the
Winters Parent Nursery School. Other
businesses and organizations serving the
region include the Winters Post Office,
Winters Laundromat, Winters Theater
Company, Winters Concrete, Winters
Eyecare, Winters Healthcare, Winters
Printing, and Winters Self Storage. The
Winters Highlands subdivision lies
along the western boundary of the city
limits, and the Highlands Canal flows
along the eastern boundary of the
proposed AVA.
Boundary Evidence
The proposed Winters Highlands
AVA is a region of steep to gentle slopes
along the eastern edge of the Coast
Range and encompasses the alluvial
deposits of Putah Creek, which flows
through the southern portion of the
proposed AVA. The proposed northern
boundary follows Chickahominy Slough
to separate the higher, rolling terrain of
the proposed AVA from the flatter,
lower terrain of the Sacramento Valley.
The proposed eastern boundary follows
the 170-foot elevation contour, the
Highland Canal, and County Road 88
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and also separates the proposed AVA
from the Sacramento Valley floor. The
proposed southern boundary follows a
series of roads to approximate the extent
of the alluvial deposits of Putah Creek.
The proposed western boundary follows
a series of straight lines drawn between
points and separates the proposed AVA
from the higher, steeper elevations of
the Coast Range.
Distinguishing Features
The distinguishing features of the
proposed Winters Highlands AVA are
its climate—temperature, precipitation,
and relative air humidity—and soils.
Temperatures
According to the petition, the location
of the proposed Winters Highlands AVA
influences its temperatures. The
proposed AVA is located on the eastern
side of the Coast Ranges, which shelter
the proposed AVA from much of the
cool air blowing eastward from the
Pacific Ocean. However, the Berryessa
Gap, a break in the Coast Ranges where
Putah Creek flows into the manmade
Lake Berryessa, does allow some cool
air from the Pacific Ocean directly into
the proposed AVA, particularly in the
evenings. The petition states that, as a
result, the proposed AVA tends to have
cooler evenings than the more inland
regions to the east of the proposed AVA.
The petition goes on to say that the
proposed AVA has a greater number of
growing degree days (GDDs) 1 than
surrounding areas, with a wide
difference between daily high and low
temperatures, a set of conditions that
promotes the growing of Mediterraneantype grapes.
The petition included GDD
information for the proposed Winters
Highlands AVA and the surrounding
regions. The data is included in the
following table.
TABLE 1—CUMULATIVE GROWING SEASON GDDS 2
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Location
(direction from proposed AVA)
2012
Davis (east) ..............................................................................................
Oakville (west) .........................................................................................
Carneros (southwest) ...............................................................................
Dixon (southeast) .....................................................................................
Proposed Winters Highlands AVA ...........................................................
Woodland (northeast) ..............................................................................
1 See Albert J. Winkler, General Viticulture
(Berkeley: University of California Press, 1974),
pages 61–64. In the Winkler climate classification
system, annual heat accumulation during the
growing season, measured in annual Growing
Degree Days (GDDs), defines climatic regions. One
GDD accumulates for each degree Fahrenheit that
a day’s mean temperature is above 50 degrees F, the
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2,000
1,455
1,157
1,801
2,224
2,236
2013
2,193
1,633
1,323
1,869
2,377
2,301
2014
2,330
1,728
1,461
1,959
2,434
2,462
2015
2,286
N/A
1,455
1,959
2,396
2,392
minimum temperature required for grapevine
growth. The Winkler scale regions are as follows:
Region Ia: 1,500–2,000 GDDs; Region Ib: 2,000–
2,500 GDDs; Region II: 2,500–3,000 GDDs; Region
III: 3,000–3,500 GDDs; Region IV: 3,500–4,000
GDDs; Region V: 4,000–4,900 GDDs.
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2016
2,170
1,343
1,292
1,853
2,293
2,304
2017
2,297
1,756
1,366
1,989
2,357
2,474
Average
2,232
1,597
1,342
1,914
2,347
2,361
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The data in the table indicate that the
proposed Winters Highlands AVA has
an average GDD accumulation that is
greater than accumulations in each of
the surrounding locations except the
Woodland location, located northeast of
the proposed AVA.
The petition also discussed the
average monthly minimum and
maximum temperatures for the same
locations and range of dates included in
the GDD information section. According
to the petition, regional differences in
the average monthly maximum
temperature are most noticeable
between May and September. During
those months, the average monthly
maximum temperature in the proposed
Winters Highlands AVA is greater than
in all other regions except the
Woodland region. The petition states
that from March to September, the
average monthly minimum temperature
in the proposed AVA is similar to that
of the Davis and Woodland locations, to
the east and northeast of the proposed
AVA, and higher than temperatures in
the other surrounding locations.
The petition states that frost-free days
are the criterion for the length of the
growing season for wine grape
production regions, as spring frost can
damage the newly-emerged shoots and
fall frost can lead to leaf senescence and
berry damage. The petition included
frost-free day data 3 from the Western
Regional Climate Center, which was
based on the weather record of more
than 60 years. The data, summarized in
the following table, shows that the
proposed Winters Highlands has more
frost-free days than any of the other
locations except the Davis location, to
the east of the proposed AVA.
TABLE 2—FROST-FREE DAYS
Location
(direction from proposed AVA)
Number of
frost-free days
Davis (east) .....................................
Oakville (west) .................................
Carneros (southwest) ......................
Dixon (southeast) ............................
Woodland (northeast) ......................
Proposed Winters Highlands AVA ..
310
150
230
230
280
290
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Precipitation and Relative Air Humidity
The petition included information on
the average monthly precipitation
amounts for the proposed Winters
Highlands AVA and the surrounding
2 The
petition defines the growing season as April
1 through October 1.
3 The frost-free period was estimated based on the
number of days between the last spring and first fall
occurrence of 0 degrees C at the probability of 60
percent.
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locations. The data was collected from
the same locations and during the same
time period as the previously-discussed
GDD and temperature data. The petition
states that the proposed AVA and
surrounding regions are all dry during
the summer months (May to August),
and precipitation takes place mainly
during the winter months (January to
March). From January to March,
precipitation amounts in the proposed
AVA were similar to amounts in Dixon,
to the southeast of the proposed AVA;
greater than the amounts in the regions
to the southwest, east, and northeast;
and lower than the amounts to the west.
From September to December, the
proposed AVA has similar average
monthly precipitation as the regions to
the east and southeast but is dryer than
the regions to the west and southwest
and wetter than the region to the
northeast. According to the petition,
precipitation amounts influence the
amount of water retained in the soil and
vineyard irrigation decisions during the
growing season.
The petition also included average
relative air humidity for the same
locations and time period as used in the
precipitation data. The data suggests
that the proposed AVA has lower
humidity than all the surrounding
regions throughout the year, with the
exception of October and November,
when the humidity in the proposed
AVA rises slightly and becomes similar
to that of the region to the northeast.
According to the petition, air humidity
during the growing season has a
profound influence on pest and disease
control in vineyards.
Soils
The petition states that soils are
important to viticulture because the soil
profile can play a significant role in vine
growth, fruit composition, and wine
characteristics. The soils within the
proposed Winters Highlands AVA are
dominated by fine clay or loamy alfisols
and inceptisols with gentle to steep
slopes. All the soils are in the thermic
soil temperature regime, meaning the
mean annual soil temperature is
between 15 and 22 degrees C. The soils
are also described as belonging to the
xeric soil moisture regime, meaning
they are warm and rather dry in the
summer and cool and wet in the winter.
Soils within the proposed AVA are
mostly well or moderately well drained,
which is critical for root growth and
respiration.
The petition also states that soils
within the proposed Winters Highlands
AVA generally have a lower soil pH due
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to the low levels of precipitation the
area receives. The petition claims that
soils in wetter regions, such as the
regions west of the proposed AVA, are
subject to a greater level of cation
leaching, which can increase the pH of
soils and lead to a difference in
available soil nutrients. As a result,
different fertilization and irrigation
practices may be necessary in vineyards
with high pH soils.
The petition states that although the
soil texture and temperature and
moisture regimes of the soils within the
proposed Winters Highlands AVA are
similar, the parent materials of the soils
differ. The proposed AVA is located in
an area where two geomorphic
provinces, the Central Valley and the
Coast Range, meet. The Central Valley is
an alluvial plain with continuous
deposits. The northern Coast Range is
dominated by Franciscan rock
(composed of sedimentary rock mixed
with igneous rock) and metamorphic
rock. As a result, soils closer to the
Central Valley, such as the Yolo and
Sycamore series found in the
northeastern portion of the proposed
AVA, are very deep and derived from
mixed sources on the alluvial fan. Soils
closer to the Coast Range, such as the
Balcom and Diablo soils found in the
western and southeastern portions of
the proposed AVA, are relatively
shallow and formed on the terraces from
sedimentary rocks.
To the north and south of the
proposed AVA, the soils have a similar
profile to those of the proposed AVA.
However, the petition states that soils
with poor or somewhat poor drainage,
such as the Clear Lake series, are more
prevalent in the region to the north, and
soils derived from sedimentary rocks,
rather than alluvium, are more common
in the region to the south. To the east
and southeast of the proposed AVA, the
soils are dominated by clay, loamy clay,
and loam soils formed from the
alluvium of mixed sources on nearlylevel to gentle slopes. To the southwest
of the proposed AVA, soils are mainly
loamy clay mollisols, vertisols, ultisols,
and alfisols on alluvial fans and
terraces.
Summary of Distinguishing Features
The following table shows the
characteristics of the proposed AVA
compared to the features of surrounding
regions.
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TABLE 3—FEATURES OF PROPOSED AVA AND SURROUNDING REGIONS
Features
Region
(location)
Proposed Winters Highlands AVA.
East (Davis) ...
West
(Oakville).
Southwest
(Carneros).
Southeast
(Dixon).
North and
Northeast.
Temperatures
Affected by some Pacific air entering
through the Berryessa Gap; annual
average of 2,347 GDDs; warm summer and relatively warm winter temperatures; average frost-free period is
290 days.
Annual average of 2,232 GDDs; average
frost-free period is 310 days; lower average monthly maximum temperature
from May to September; similar average monthly minimum temperatures
from March to September.
Annual average of 1,597 GDDs; average
frost-free period is 150 days; lower average monthly maximum temperature
from May to September; lower average monthly minimum temperature
from March to September.
Annual average of 1,342 GDDs; average
frost-free period is 230 days; lower average maximum temperature from
May to September; lower average
monthly minimum temperature from
March to September.
Annual average of 1,914 GDDs; average
frost-free period is 230 days; lower average monthly maximum temperature
from May to September; lower average monthly minimum temperature
from March to September.
Annual average of 2,361 GDDs (northeast); average frost-free period is 280
days (northeast); higher average
monthly maximum temperatures from
May to September (northeast); similar
average monthly minimum temperatures from March to September (northeast).
TTB Determination
TTB concludes that the petition to
establish the proposed Winters
Highlands 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.
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Maps
The petitioner provided the required
maps, and TTB lists them below in the
proposed regulatory text. You may also
view the proposed Winters Highlands
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
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Very low year-round humidity; little precipitation in summer; most rainfall occurs in fall and winter.
Higher relative air humidity; lower January to March precipitation amounts;
similar September to December precipitation amounts.
Fine clay or loamy alfisols and
inceptisols with gentle to steep slopes;
thermic soil temperature regime; xeric
soil moisture regime; parent materials
primarily alluvial plains or Franciscan
and metamorphic rock.
Clay, loamy clay, or loams; formed from
alluvium of mixed sources; nearly-level
to gentle slopes.
Higher relative air humidity; higher yearround precipitation amounts.
Soils have higher pH levels.
Lower January to March precipitation
amounts; higher September to December precipitation amounts; higher
year-round relative air humidity.
Loamy or clay mollisols, vertisols,
ultisols, and alfisols on alluvial fans
and terraces.
Similar year-round precipitation amounts;
higher year-round relative humidity.
Clay, loamy clay, or loams; formed from
alluvium of mixed sources; nearly-level
to gentle slopes.
Lower year-round precipitation amounts
(northeast); higher relative air humidity, except similar to proposed AVA in
October and November (northeast).
Similar soil profile to that of the proposed AVA, but soils with poor or
somewhat poor drainage are more
common (north).
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, ‘‘Winters Highlands,’’ will be
recognized as a name of viticultural
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significance under § 4.39(i)(3) of the
TTB regulations (27 CFR 4.39(i)(3)). The
text of the proposed regulation clarifies
this point. Consequently, wine bottlers
using the name ‘‘Winters Highlands’’ 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 Winters
Highlands 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.
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Because of the potential impact of the
establishment of the proposed Winters
Highlands AVA on wine labels that
include the term ‘‘Winters Highlands’’
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. 218 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.
related petition and its supporting
materials, or any comments received.
viticultural area is as described as
follows:
Regulatory Flexibility Act
(1) The boundary begins on the
Winters map at the intersection of Putah
Creek Road and Wintu Way. From the
beginning point, proceed southeasterly
along Wintu Way, crossing onto the
Allendale map, to the terminus of Wintu
Way; then
TTB certifies that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name would be the result of a
proprietor’s efforts and consumer
acceptance of wines from that area.
Therefore, no regulatory flexibility
analysis is required.
Executive Order 12866
It has been determined that this
proposed rule is not a significant
regulatory action as defined by
Executive Order 12866 of September 30,
1993. Therefore, no regulatory
assessment is required.
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:
■
khammond on DSKJM1Z7X2PROD with PROPOSALS
Confidentiality and Disclosure of
Comments
Authority: 27 U.S.C. 205.
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
VerDate Sep<11>2014
19:29 Nov 25, 2022
Jkt 259001
Subpart C—Approved American
Viticultural Areas
■
2. Add § 9.ll to read as follows:
§ 9.ll
Winters Highlands.
(a) Name. The name of the viticultural
area described in this section is
‘‘Winters Highlands’’. For purposes of
part 4 of this chapter, ‘‘Winters
Highlands’’ is a term of viticultural
significance.
(b) Approved maps. The four United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Winters
Highlands viticultural area are:
(1) Winters, CA, 2018;
(2) Allendale, CA, 2018;
(3) Mount Vaca, CA, 2018; and
(4) Monticello Dam, CA, 2018.
(c) Boundary. The Winters Highlands
viticultural area is located in portions of
Solano and Yolo Counties, California.
The boundary of the Winters Highlands
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
(2) Proceed south-southwest in a
straight line for 1.05 miles to the eastern
terminus of Morse Lane; then
(3) Proceed westerly along Morse
Lane to its intersection with Olive
School Lane; then
(4) Proceed north-northwest in a
straight line for 2.52 miles, crossing over
the northeastern corner of the Mount
Vaca map and onto the Monticello Dam
map, to the line’s intersection with
Highway 128, approximately 2.78 miles
west of the intersection of Highway 128
and County Road 89; then
(5) Proceed north in a straight line to
the intersection of the line with the
Chickahominy Slough; then
(6) Proceed east-southeast along the
Chickahominy Slough, crossing onto the
Winters map, to its intersection with the
170-foot elevation contour; then
(7) Proceed south-southeasterly along
the 170-foot elevation contour to its
intersection with the Winters Canal;
then
(8) Proceed south along the Winters
Canal to its intersection with the
terminus of an unnamed local road;
then
(9) Proceed due west in a straight line
to the 200-foot elevation contour; then
(10) Proceed south in a straight line to
the northern terminus of County Road
88; then
(11) Proceed south along County Road
88 to its southern terminus and
continue south in a straight line to
Valley Oak Drive; then
(12) Proceed southerly along Valley
Oak Drive to its intersection with
Highway 128; then
(13) Proceed southeasterly in a
straight line for 1.04 miles, returning to
the beginning point.
Signed: November 15, 2022.
Mary G. Ryan,
Administrator.
Approved: November 16, 2022.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2022–25271 Filed 11–25–22; 8:45 am]
BILLING CODE 4810–31–P
E:\FR\FM\28NOP1.SGM
28NOP1
]]>Agencies
[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Proposed Rules]
[Pages 72932-72936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25271]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2022-0013; Notice No. 218]
RIN 1513-AC91
Proposed Establishment of the Winters Highlands 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 7,296-acre ``Winters Highlands'' viticultural area in
portions of Solano and Yolo Counties, 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 January 27, 2023.
ADDRESSES: You may electronically submit comments to TTB on this
proposal using the comment form for this document posted within Docket
No. TTB-2022-0013 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. 218. 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 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)
[[Page 72933]]
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.
Winters Highlands Petition
TTB received a petition from Berryessa Gap Vineyards proposing the
establishment of the ``Winters Highlands'' AVA. The proposed Winters
Highlands AVA is located in portions of Solano and Yolo Counties,
California. The proposed AVA contains 7,296 acres, with 134 acres of
planted vineyards and an additional 60 acres planned for future
planting at the time the petition was submitted. There are also three
wineries within the proposed AVA. Grape varietals grown in the proposed
AVA include Petite Syrah, Tempranillo, Malbec, and Chardonnay.
According to the petition, the distinguishing features of the
proposed Winters Highlands AVA are its climate and soils. Unless
otherwise noted, all information and data pertaining to the proposed
AVA contained in this document are from the petition for the proposed
Winters Highlands AVA and its supporting exhibits.
Name Evidence
The petition states that the proposed Winters Highlands AVA is
located in the easternmost foothills of the northern Coast Range, where
the Coast Range adjoins the Sacramento Valley. The city of Winters is
adjacent to the eastern boundary of the proposed AVA but is not located
within the proposed AVA; however, the Winters ZIP code is used for both
the city and the region within the proposed AVA. The Winters Community
Center and Winters Community Library both serve the region of the
proposed AVA, as does the Winters Unified School District and the
Winters Parent Nursery School. Other businesses and organizations
serving the region include the Winters Post Office, Winters Laundromat,
Winters Theater Company, Winters Concrete, Winters Eyecare, Winters
Healthcare, Winters Printing, and Winters Self Storage. The Winters
Highlands subdivision lies along the western boundary of the city
limits, and the Highlands Canal flows along the eastern boundary of the
proposed AVA.
Boundary Evidence
The proposed Winters Highlands AVA is a region of steep to gentle
slopes along the eastern edge of the Coast Range and encompasses the
alluvial deposits of Putah Creek, which flows through the southern
portion of the proposed AVA. The proposed northern boundary follows
Chickahominy Slough to separate the higher, rolling terrain of the
proposed AVA from the flatter, lower terrain of the Sacramento Valley.
The proposed eastern boundary follows the 170-foot elevation contour,
the Highland Canal, and County Road 88 and also separates the proposed
AVA from the Sacramento Valley floor. The proposed southern boundary
follows a series of roads to approximate the extent of the alluvial
deposits of Putah Creek. The proposed western boundary follows a series
of straight lines drawn between points and separates the proposed AVA
from the higher, steeper elevations of the Coast Range.
Distinguishing Features
The distinguishing features of the proposed Winters Highlands AVA
are its climate--temperature, precipitation, and relative air
humidity--and soils.
Temperatures
According to the petition, the location of the proposed Winters
Highlands AVA influences its temperatures. The proposed AVA is located
on the eastern side of the Coast Ranges, which shelter the proposed AVA
from much of the cool air blowing eastward from the Pacific Ocean.
However, the Berryessa Gap, a break in the Coast Ranges where Putah
Creek flows into the manmade Lake Berryessa, does allow some cool air
from the Pacific Ocean directly into the proposed AVA, particularly in
the evenings. The petition states that, as a result, the proposed AVA
tends to have cooler evenings than the more inland regions to the east
of the proposed AVA. The petition goes on to say that the proposed AVA
has a greater number of growing degree days (GDDs) \1\ than surrounding
areas, with a wide difference between daily high and low temperatures,
a set of conditions that promotes the growing of Mediterranean-type
grapes.
---------------------------------------------------------------------------
\1\ See Albert J. Winkler, General Viticulture (Berkeley:
University of California Press, 1974), pages 61-64. In the Winkler
climate classification system, annual heat accumulation during the
growing season, measured in annual Growing Degree Days (GDDs),
defines climatic regions. One GDD accumulates for each degree
Fahrenheit that a day's mean temperature is above 50 degrees F, the
minimum temperature required for grapevine growth. The Winkler scale
regions are as follows: Region Ia: 1,500-2,000 GDDs; Region Ib:
2,000-2,500 GDDs; Region II: 2,500-3,000 GDDs; Region III: 3,000-
3,500 GDDs; Region IV: 3,500-4,000 GDDs; Region V: 4,000-4,900 GDDs.
---------------------------------------------------------------------------
The petition included GDD information for the proposed Winters
Highlands AVA and the surrounding regions. The data is included in the
following table.
Table 1--Cumulative Growing Season GDDs \2\
----------------------------------------------------------------------------------------------------------------
Location (direction from proposed AVA) 2012 2013 2014 2015 2016 2017 Average
----------------------------------------------------------------------------------------------------------------
Davis (east)................................. 2,000 2,193 2,330 2,286 2,170 2,297 2,232
Oakville (west).............................. 1,455 1,633 1,728 N/A 1,343 1,756 1,597
Carneros (southwest)......................... 1,157 1,323 1,461 1,455 1,292 1,366 1,342
Dixon (southeast)............................ 1,801 1,869 1,959 1,959 1,853 1,989 1,914
Proposed Winters Highlands AVA............... 2,224 2,377 2,434 2,396 2,293 2,357 2,347
Woodland (northeast)......................... 2,236 2,301 2,462 2,392 2,304 2,474 2,361
----------------------------------------------------------------------------------------------------------------
[[Page 72934]]
---------------------------------------------------------------------------
\2\ The petition defines the growing season as April 1 through
October 1.
---------------------------------------------------------------------------
The data in the table indicate that the proposed Winters Highlands
AVA has an average GDD accumulation that is greater than accumulations
in each of the surrounding locations except the Woodland location,
located northeast of the proposed AVA.
The petition also discussed the average monthly minimum and maximum
temperatures for the same locations and range of dates included in the
GDD information section. According to the petition, regional
differences in the average monthly maximum temperature are most
noticeable between May and September. During those months, the average
monthly maximum temperature in the proposed Winters Highlands AVA is
greater than in all other regions except the Woodland region. The
petition states that from March to September, the average monthly
minimum temperature in the proposed AVA is similar to that of the Davis
and Woodland locations, to the east and northeast of the proposed AVA,
and higher than temperatures in the other surrounding locations.
The petition states that frost-free days are the criterion for the
length of the growing season for wine grape production regions, as
spring frost can damage the newly-emerged shoots and fall frost can
lead to leaf senescence and berry damage. The petition included frost-
free day data \3\ from the Western Regional Climate Center, which was
based on the weather record of more than 60 years. The data, summarized
in the following table, shows that the proposed Winters Highlands has
more frost-free days than any of the other locations except the Davis
location, to the east of the proposed AVA.
---------------------------------------------------------------------------
\3\ The frost-free period was estimated based on the number of
days between the last spring and first fall occurrence of 0 degrees
C at the probability of 60 percent.
Table 2--Frost-Free Days
------------------------------------------------------------------------
Number of
Location (direction from proposed AVA) frost-free
days
------------------------------------------------------------------------
Davis (east)............................................ 310
Oakville (west)......................................... 150
Carneros (southwest).................................... 230
Dixon (southeast)....................................... 230
Woodland (northeast).................................... 280
Proposed Winters Highlands AVA.......................... 290
------------------------------------------------------------------------
Precipitation and Relative Air Humidity
The petition included information on the average monthly
precipitation amounts for the proposed Winters Highlands AVA and the
surrounding locations. The data was collected from the same locations
and during the same time period as the previously-discussed GDD and
temperature data. The petition states that the proposed AVA and
surrounding regions are all dry during the summer months (May to
August), and precipitation takes place mainly during the winter months
(January to March). From January to March, precipitation amounts in the
proposed AVA were similar to amounts in Dixon, to the southeast of the
proposed AVA; greater than the amounts in the regions to the southwest,
east, and northeast; and lower than the amounts to the west. From
September to December, the proposed AVA has similar average monthly
precipitation as the regions to the east and southeast but is dryer
than the regions to the west and southwest and wetter than the region
to the northeast. According to the petition, precipitation amounts
influence the amount of water retained in the soil and vineyard
irrigation decisions during the growing season.
The petition also included average relative air humidity for the
same locations and time period as used in the precipitation data. The
data suggests that the proposed AVA has lower humidity than all the
surrounding regions throughout the year, with the exception of October
and November, when the humidity in the proposed AVA rises slightly and
becomes similar to that of the region to the northeast. According to
the petition, air humidity during the growing season has a profound
influence on pest and disease control in vineyards.
Soils
The petition states that soils are important to viticulture because
the soil profile can play a significant role in vine growth, fruit
composition, and wine characteristics. The soils within the proposed
Winters Highlands AVA are dominated by fine clay or loamy alfisols and
inceptisols with gentle to steep slopes. All the soils are in the
thermic soil temperature regime, meaning the mean annual soil
temperature is between 15 and 22 degrees C. The soils are also
described as belonging to the xeric soil moisture regime, meaning they
are warm and rather dry in the summer and cool and wet in the winter.
Soils within the proposed AVA are mostly well or moderately well
drained, which is critical for root growth and respiration.
The petition also states that soils within the proposed Winters
Highlands AVA generally have a lower soil pH due to the low levels of
precipitation the area receives. The petition claims that soils in
wetter regions, such as the regions west of the proposed AVA, are
subject to a greater level of cation leaching, which can increase the
pH of soils and lead to a difference in available soil nutrients. As a
result, different fertilization and irrigation practices may be
necessary in vineyards with high pH soils.
The petition states that although the soil texture and temperature
and moisture regimes of the soils within the proposed Winters Highlands
AVA are similar, the parent materials of the soils differ. The proposed
AVA is located in an area where two geomorphic provinces, the Central
Valley and the Coast Range, meet. The Central Valley is an alluvial
plain with continuous deposits. The northern Coast Range is dominated
by Franciscan rock (composed of sedimentary rock mixed with igneous
rock) and metamorphic rock. As a result, soils closer to the Central
Valley, such as the Yolo and Sycamore series found in the northeastern
portion of the proposed AVA, are very deep and derived from mixed
sources on the alluvial fan. Soils closer to the Coast Range, such as
the Balcom and Diablo soils found in the western and southeastern
portions of the proposed AVA, are relatively shallow and formed on the
terraces from sedimentary rocks.
To the north and south of the proposed AVA, the soils have a
similar profile to those of the proposed AVA. However, the petition
states that soils with poor or somewhat poor drainage, such as the
Clear Lake series, are more prevalent in the region to the north, and
soils derived from sedimentary rocks, rather than alluvium, are more
common in the region to the south. To the east and southeast of the
proposed AVA, the soils are dominated by clay, loamy clay, and loam
soils formed from the alluvium of mixed sources on nearly-level to
gentle slopes. To the southwest of the proposed AVA, soils are mainly
loamy clay mollisols, vertisols, ultisols, and alfisols on alluvial
fans and terraces.
Summary of Distinguishing Features
The following table shows the characteristics of the proposed AVA
compared to the features of surrounding regions.
[[Page 72935]]
Table 3--Features of Proposed AVA and Surrounding Regions
----------------------------------------------------------------------------------------------------------------
Features
Region (location) --------------------------------------------------------------------------
Temperatures Precipitation/humidity Soils
----------------------------------------------------------------------------------------------------------------
Proposed Winters Highlands AVA....... Affected by some Very low year-round Fine clay or loamy
Pacific air entering humidity; little alfisols and
through the Berryessa precipitation in inceptisols with
Gap; annual average of summer; most rainfall gentle to steep
2,347 GDDs; warm occurs in fall and slopes; thermic soil
summer and relatively winter. temperature regime;
warm winter xeric soil moisture
temperatures; average regime; parent
frost-free period is materials primarily
290 days. alluvial plains or
Franciscan and
metamorphic rock.
East (Davis)......................... Annual average of 2,232 Higher relative air Clay, loamy clay, or
GDDs; average frost- humidity; lower loams; formed from
free period is 310 January to March alluvium of mixed
days; lower average precipitation amounts; sources; nearly-level
monthly maximum similar September to to gentle slopes.
temperature from May December precipitation
to September; similar amounts.
average monthly
minimum temperatures
from March to
September.
West (Oakville)...................... Annual average of 1,597 Higher relative air Soils have higher pH
GDDs; average frost- humidity; higher year- levels.
free period is 150 round precipitation
days; lower average amounts.
monthly maximum
temperature from May
to September; lower
average monthly
minimum temperature
from March to
September.
Southwest (Carneros)................. Annual average of 1,342 Lower January to March Loamy or clay
GDDs; average frost- precipitation amounts; mollisols, vertisols,
free period is 230 higher September to ultisols, and alfisols
days; lower average December precipitation on alluvial fans and
maximum temperature amounts; higher year- terraces.
from May to September; round relative air
lower average monthly humidity.
minimum temperature
from March to
September.
Southeast (Dixon).................... Annual average of 1,914 Similar year-round Clay, loamy clay, or
GDDs; average frost- precipitation amounts; loams; formed from
free period is 230 higher year-round alluvium of mixed
days; lower average relative humidity. sources; nearly-level
monthly maximum to gentle slopes.
temperature from May
to September; lower
average monthly
minimum temperature
from March to
September.
North and Northeast.................. Annual average of 2,361 Lower year-round Similar soil profile to
GDDs (northeast); precipitation amounts that of the proposed
average frost-free (northeast); higher AVA, but soils with
period is 280 days relative air humidity, poor or somewhat poor
(northeast); higher except similar to drainage are more
average monthly proposed AVA in common (north).
maximum temperatures October and November
from May to September (northeast).
(northeast); similar
average monthly
minimum temperatures
from March to
September (northeast).
----------------------------------------------------------------------------------------------------------------
TTB Determination
TTB concludes that the petition to establish the proposed Winters
Highlands 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 Winters
Highlands 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, ``Winters
Highlands,'' 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 ``Winters Highlands'' 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 Winters Highlands 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.
[[Page 72936]]
Because of the potential impact of the establishment of the
proposed Winters Highlands AVA on wine labels that include the term
``Winters Highlands'' 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. 218 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 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 read as follows:
Sec. 9.__ Winters Highlands.
(a) Name. The name of the viticultural area described in this
section is ``Winters Highlands''. For purposes of part 4 of this
chapter, ``Winters Highlands'' is a term of viticultural significance.
(b) Approved maps. The four United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Winters Highlands viticultural area are:
(1) Winters, CA, 2018;
(2) Allendale, CA, 2018;
(3) Mount Vaca, CA, 2018; and
(4) Monticello Dam, CA, 2018.
(c) Boundary. The Winters Highlands viticultural area is located in
portions of Solano and Yolo Counties, California. The boundary of the
Winters Highlands viticultural area is as described as follows:
(1) The boundary begins on the Winters map at the intersection of
Putah Creek Road and Wintu Way. From the beginning point, proceed
southeasterly along Wintu Way, crossing onto the Allendale map, to the
terminus of Wintu Way; then
(2) Proceed south-southwest in a straight line for 1.05 miles to
the eastern terminus of Morse Lane; then
(3) Proceed westerly along Morse Lane to its intersection with
Olive School Lane; then
(4) Proceed north-northwest in a straight line for 2.52 miles,
crossing over the northeastern corner of the Mount Vaca map and onto
the Monticello Dam map, to the line's intersection with Highway 128,
approximately 2.78 miles west of the intersection of Highway 128 and
County Road 89; then
(5) Proceed north in a straight line to the intersection of the
line with the Chickahominy Slough; then
(6) Proceed east-southeast along the Chickahominy Slough, crossing
onto the Winters map, to its intersection with the 170-foot elevation
contour; then
(7) Proceed south-southeasterly along the 170-foot elevation
contour to its intersection with the Winters Canal; then
(8) Proceed south along the Winters Canal to its intersection with
the terminus of an unnamed local road; then
(9) Proceed due west in a straight line to the 200-foot elevation
contour; then
(10) Proceed south in a straight line to the northern terminus of
County Road 88; then
(11) Proceed south along County Road 88 to its southern terminus
and continue south in a straight line to Valley Oak Drive; then
(12) Proceed southerly along Valley Oak Drive to its intersection
with Highway 128; then
(13) Proceed southeasterly in a straight line for 1.04 miles,
returning to the beginning point.
Signed: November 15, 2022.
Mary G. Ryan,
Administrator.
Approved: November 16, 2022.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2022-25271 Filed 11-25-22; 8:45 am]
BILLING CODE 4810-31-P
