Proposed Establishment of the Comptche Viticultural Area, 18481-18487 [2023-06349]
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
(23) Proceed northwest in a straight
line 4.1 miles, crossing onto the Benicia
map, to the intersection of Highway 4
and Cummings Skyway; then
(24) Proceed north-northwest in a
straight line 1.8 miles to the intersection
of Carquinez Scenic Drive and an
unnamed road known locally as Canyon
Lake Drive; then
(25) Proceed northeasterly in a
straight line 0.6 mile to the marked post
office in Port Costa; then
(26) Proceed southeast in a straight
line 0.9 mile to the first unnamed road
that crosses the railroad tracks and
intersects with the shoreline at Little
Bull Valley; then
(27) Proceed easterly along the
shoreline approximately 38.3 miles,
crossing over the Vine Hill, Honker Bay,
and Antioch North maps and onto the
Jersey Island map to Bethel Island Road;
then
(28) Proceed southeast in a straight
line 0.7 mile to the intersection of Wells
Road and Sandmound Boulevard; then
(29) Proceed northeast in a straight
line 2.7 miles, crossing onto the Bouldin
Island map and returning to the
beginning point.
Signed: March 17, 2023.
Mary G. Ryan,
Administrator.
Approved: March 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2023–0003; Notice No.
222]
RIN 1513–AC77
Proposed Establishment of the
Comptche Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
ddrumheller on DSK120RN23PROD with PROPOSALS1
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the 1,421.8-acre ‘‘Comptche’’
American viticultural area (AVA) in
Mendocino County, California. The
proposed AVA is located entirely within
the boundaries of the existing North
Coast AVA, but the petitioner requests
excluding the proposed AVA from the
North Coast AVA due to significant
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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:
TTB Authority
BILLING CODE 4810–31–P
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FOR FURTHER INFORMATION CONTACT:
Background on Viticultural Areas
[FR Doc. 2023–06350 Filed 3–28–23; 8:45 am]
SUMMARY:
differences in distinguishing features.
TTB designates viticultural areas to
allow vintners to better describe the
origin of their wines and to allow
consumers to better identify wines they
may purchase. TTB invites comments
on these proposals.
DATES: TTB must receive your
comments on or before May 30, 2023.
ADDRESSES: You may electronically
submit comments to TTB on this
proposal, and view copies of this
document, its supporting materials, and
any comments TTB receives on it within
Docket No. TTB–2023–0003 as posted
on Regulations.gov (https://
www.regulations.gov), the Federal erulemaking portal. Please see the
‘‘Public Participation’’ section of this
document below for full details on how
to comment on this proposal via
Regulations.gov or U.S. mail, and for
full details on how to obtain copies of
this document, its supporting materials,
and any comments related to this
proposal.
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
provisions pursuant to section 1111(d)
of the Homeland Security Act of 2002,
as 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
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18481
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 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 that affect
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA boundary;
• 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.
If a smaller proposed AVA is to be
established within an existing AVA, the
petitioner may request, and TTB may
determine, that the proposed AVA
should not be part of the larger AVA
because the proposed AVA has features
that clearly distinguish it from the
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
surrounding AVA. In such instances,
wine produced from grapes grown
within the proposed AVA would not be
entitled to use the name of the larger
AVA as an appellation of origin or in a
brand name if the proposed AVA is
established.
Petition To Establish the Comptche
AVA
TTB received a petition from Michael
Nolan, submitted on behalf of local
vineyard owners, proposing to establish
the ‘‘Comptche’’ AVA. The proposed
AVA is located in Mendocino County,
California, and covers 1,421.8 acres.
There are 3 commercial vineyards
covering a total of over 30 acres within
the proposed AVA. Although there are
no wineries within the proposed AVA,
grapes are sold to nearby wineries,
including Baxter, Phillips Hill, and
Lula.
The distinguishing features of the
proposed Comptche AVA are its
topography, soils, and climate. The
proposed Comptche AVA is located
entirely within the boundaries of the
existing North Coast AVA (27 CFR 9.30).
However, the petition states that the
features of the proposed AVA are so
distinguishable from those of the North
Coast AVA that the proposed AVA
should not be included within it.
Proposed Comptche AVA
Name Evidence
ddrumheller on DSK120RN23PROD with PROPOSALS1
The proposed Comptche AVA takes
its name from the community of
Comptche, California, which is located
within the proposed AVA. The
Comptche Volunteer Fire Department
provides firefighting services for the
community. The Comptche Community
Organization hosts a variety of events
for residents throughout the year,
including bingo, senior lunches, and an
art show. Children within the proposed
AVA attend the Comptche School from
kindergarten through fifth grade. The
Comptche Store sells food and supplies
within the proposed AVA. Finally, the
Comptche Directory provides a list of
addresses and phone numbers of
residents and businesses within the
proposed AVA.
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Boundary Evidence
The proposed Comptche AVA is
located in Mendocino County,
California, in a valley surrounded by
forests of coastal redwoods and Douglas
firs. The proposed northern, eastern,
and western boundaries follow the 400foot elevation contour and separate the
valley floor from the higher, steeper,
heavily-forested surrounding regions
without viticulture. The proposed
southern boundary follows the Albion
River, which also separates the
proposed AVA from the higher, heavilyforested region to the south.
Distinguishing Features
According to the petition, the
distinguishing features of the proposed
Comptche AVA are its topography,
soils, and climate.
Topography
The proposed Comptche AVA is
located in a low-elevation valley, a
natural opening that is surrounded by
heavily forested lands and short, steep
ridges. Elevations within the proposed
AVA range from 187 to 400 feet, and all
vineyards are planted at elevations
between 220 and 250 feet. According to
the USGS map included with the
petition, elevations are higher in each
direction outside of the proposed AVA.
To the north of the proposed AVA are
several marked peaks with elevations of
1,000 feet or higher. To the east of the
proposed AVA, elevations rise above
1,200 feet near the community of
Cameron, California. South of the
proposed AVA, peaks reach over 600
feet near Morrison Gulch. West of the
proposed AVA, elevations rise over 800
feet.
The petition also notes that the
proposed Comptche AVA is surrounded
by land designated as a Timberland
Production Zone. Such land is zoned
only for the growing and harvesting of
timber for a period of at least 10 years
from the time it was so designated.1 The
proposed AVA is unique because nontimber-related agricultural activity,
including viticulture, is permitted. The
petition includes a map showing the
1 Californialandcan.org/local-resources/
Timberland-Production-Zone/28005.
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extent of the Timberland Production
Zones in Mendocino County.2 The map
supports the petition’s claim that the
proposed Comptche AVA is one of the
few regions in the coastal section of
Mendocino County that is not set aside
for timber production for at least the
near future.
According to the petition, the
topography of the proposed Comptche
AVA has an effect on viticulture. The
petition states that above 400 feet the
land becomes steeper. As a result, the
higher elevations surrounding the
proposed AVA are less suited to
viticulture than the more level lands on
the valley floor of the proposed AVA.
The petition also states that the 400-foot
elevation contour approximates the
change to forest soils that are different
from the soil series found within the
proposed AVA and are more suited for
timber production than viticulture.
Finally, the petition states that
elevation affects temperatures. As
evidence, the petition included data on
the monthly low temperatures from a
weather station in the proposed AVA at
an elevation of 177 feet, a station to the
north of the proposed AVA at an
elevation of 525 feet, and a station to the
south of the proposed AVA at an
elevation of 1,168 feet.3 The petition
noted that high temperatures are very
similar in the proposed AVA and on the
ridgelines because the sun shines
equally on both in the day. Therefore,
the petition focused on low, nighttime
temperatures, when cold air drains into
the proposed AVA from the surrounding
higher elevations. Although the petition
included data from each month from
2017 through 2019, the petition states
that the growing season months are the
important months to consider because
the vines are dormant the rest of the
year. Therefore, the following table only
includes data from each growing season,
defined in the petition as April through
October.4
2 You may view the Timber Production Zone map
in Appendix 3 of the petition as posted within
Docket TTB–2023–0003 at www.regulations.gov.
3 Included in the petition as Table 1; see Docket
TTB–2023–0003 at www.regulations.gov.
4 You may view the entire set of temperature data
in Appendix 4 of the petition as posted within
Docket TTB–2023–0003 at www.regulations.gov.
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TABLE 1—AVERAGE GROWING SEASON MONTHLY LOW TEMPERATURES IN DEGREES FAHRENHEIT FROM 2017–2019
Location
(direction from proposed AVA)
Month
Comptche
(within)
Huckleberry Hill
(north)
Rancho Navarro
(south)
2017
April ..................................................................................................................................
32.2
33.1
36.1
May ..................................................................................................................................
June .................................................................................................................................
July ...................................................................................................................................
August ..............................................................................................................................
September .......................................................................................................................
October ............................................................................................................................
35.7
N/A
44.4
44.7
35.8
27.8
38.1
42.3
46.0
47.5
41.2
39.2
41.9
45.1
46.8
48.6
46.8
43.3
April ..................................................................................................................................
32.7
33.6
36.3
May ..................................................................................................................................
June .................................................................................................................................
July ...................................................................................................................................
August ..............................................................................................................................
September .......................................................................................................................
October ............................................................................................................................
36.0
37.1
41.7
43.1
36.9
31.0
37.2
38.7
45.1
46.2
42.6
37.4
41.5
44.2
46.4
48.6
47.8
41.7
April ..................................................................................................................................
34.1
39.0
41.4
May ..................................................................................................................................
June .................................................................................................................................
July ...................................................................................................................................
August ..............................................................................................................................
September .......................................................................................................................
October ............................................................................................................................
33.5
37.8
43.4
46.6
35.9
26.0
37.4
41.0
46.2
50.4
40.6
31.3
40.8
N/A
49.1
51.1
42.6
42.8
2018
2019
The petition states that the low
temperatures in the low elevations of
the proposed AVA place the proposed
AVA at greater risk for frost than the
higher elevations. Frost during the
growing season can harm vines and
delay the development of fruit. The
cooler evening growing season
temperatures within the proposed AVA
can also delay grape maturation.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Soils
The petition states that the proposed
Comptche AVA has two main soil
types—Bearwallow–Wolfey and
Perrygulch Loam. According to the
petition, most of the vineyards in the
proposed AVA are planted on
Bearwallow–Wolfey soils, which are
described in the petition as welldrained, shallow, and relatively infertile
soils over fractured sandstone. The
USDA Soil Survey 5 notes that these
soils are primarily used for livestock
grazing, wine grape production, and
wildlife habitat. These soils are prone to
erosion due to their thinness and the
5 Included in Appendix 2 of the petition, which
is posted within Docket TTB–2023–0003 at
www.regulations.gov.
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fact that they frequently occur on
slopes. Therefore, mowing is the
preferred method of controlling weeds
in the vineyards instead of tilling,
which disturbs the soil. Additionally,
vineyards planted on these soils are at
less of a risk for frost damage than soils
planted on the valley floor because cold
air drains down the slopes and settles
on the valley floor.
Perrygulch Loam is a deep, rich,
bottomland soil series that is not as well
drained as Bearwallow–Wolfey soils.
The soils also contain a large amount of
clay. Because these soils are primarily
located on the flat valley floor, they are
more susceptible to frost than the
Bearwallow–Wolfey soils that occur on
steeper slopes. The petition states that
the vineyard planted on Perrygulch
Loam soils has an overhead sprinkler
system and catchment pond to help
with frost protection, while the
vineyards planted on the Bearwallow–
Wolfey soils either have no frost
protection equipment or occasionally
use a simple fan. Vineyards planted on
Perrygulch soils also try to avoid soil
disturbance, not because the soils are
easily eroded but because the high clay
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content is easily compacted by heavy
machinery. As a result, the petition
states that the preferred method of weed
control in these vineyards is the use of
herbicides.
By contrast, the most common soils
surrounding the proposed Comptche
AVA are Ornbaun and Zeni soils, which
are found in each direction outside the
proposed AVA. These soils are
described in the USDA Soil Survey as
occurring on hills and mountains. The
soils are moderately deep to deep and
formed from sandstone, and the surface
is typically covered with a mat of leaves
and twigs that is one-half inch deep.
The USDA Soil Survey notes that these
soils are used for timber production or
as a watershed.
Climate
The petition to establish the proposed
Comptche AVA included climate data
from within the proposed AVA and
from three established AVAs in
Mendocino County: The Mendocino
AVA (27 CFR 9.93), which forms a ‘‘V’’
shape to the east and south of the
proposed AVA, and the Mendocino
Ridge AVA (27 CFR 9.158) and
Anderson Valley AVA (27 CFR 9.86),
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which are both to the south of the
proposed AVA.6 The following table
summarize the average growing season
and average annual temperatures. Data
was not included for the regions to the
north or west of the proposed Comptche
AVA.
TABLE 2—AVERAGE GROWING SEASON 7 AND ANNUAL TEMPERATURES
[Degrees fahrenheit]
Average growing
season temperature
Location
Proposed Comptche AVA ................................................................................................................
Mendocino AVA ...............................................................................................................................
Mendocino Ridge AVA ....................................................................................................................
Anderson Valley AVA ......................................................................................................................
The petition also included data from
three additional ways of measuring the
climate of a region. The first method is
growing degree days (GDDs), also
known as the Winkler Index.8 The
following table summarizes the average
annual GDD accumulations from the
same locations as used in the previous
table.
TABLE 3—AVERAGE ANNUAL GDD
summarizes the Huglin Index numbers
for the same locations as used in the
previous table.
Huglin Index
Proposed Comptche AVA ....
Mendocino AVA ....................
Mendocino Ridge AVA .........
Anderson Valley AVA ...........
1,835.81
2,399.82
2,051.0
2,185.79
The final system of measuring climate
is called Biologically Effective Degree
Days (BEDD). The BEDD method
Proposed Comptche AVA ....
2,258.85 calculates the growing degree days
Mendocino AVA ....................
3,034.06 between April 1 and October 31 and
Mendocino Ridge AVA .........
2,680.08 also accounts for day length and diurnal
Anderson Valley AVA ...........
2,738.92 temperature range. The following table
summarizes the BEDD accumulations
for the same locations as used in the
The second system of measuring
previous table.
climate is the Huglin Index. According
to the petition, this method uses the
TABLE 5—BEDD ACCUMULATIONS
period from April 1 through September
30 and sums the mean of the daily mean
BEDD
Location
temperatures above 10 degrees Celsius,
accumulations
multiplied by a coefficient indicative of
the latitude to account for increasing
Proposed Comptche AVA ....
1,395.05
Mendocino AVA ....................
1,805.09
day lengths. The following table
GDD
accumulations
67.9
71.0
68.2
70.1
TABLE 5—BEDD ACCUMULATIONS—
Continued
Location
ACCUMULATIONS
Location
74.2
80.4
76.1
78.2
TABLE 4—HUGLIN INDEX
Location
Average annual
temperature
Mendocino Ridge AVA .........
Anderson Valley AVA ...........
BEDD
accumulations
1,543.05
1,699.14
The climate data included in the
petition shows that the proposed
Comptche AVA has lower GDD and
BEDD accumulations and a lower
Huglin Index number than the regions
to the south and east, suggesting a
significantly cooler climate within the
proposed AVA. The petition states that
the proposed AVA is a ‘‘borderline’’
region for growing wine grapes, and that
only the most cold-hardy varietals will
successfully ripen. Pinot Noir is the
only grape varietal currently grown
commercially within the proposed
Comptche AVA.
Summary of Distinguishing Features
The following table summarizes the
characteristics of the proposed
Comptche AVA and the surrounding
regions.
TABLE 6—SUMMARY OF DISTINGUISHING FEATURES
Location
Proposed Comptche
AVA.
North ............................
ddrumheller on DSK120RN23PROD with PROPOSALS1
East .............................
Topography
Soils
Climate
Low elevation, naturally-open valley; elevations between 187
and 400 feet; not designated
as a Timberland Production
Zone.
Heavily forested; elevations reach
1,000 feet and higher; designated as Timberland Production Zone.
Elevations reach 1,200 feet and
higher;
designated
as
Timberland Production Zone.
Bearwallow–Wolfey
and
Perrygulch Loam; generally
well-drained, shallow, relatively
fertile; prone to erosion.
Average growing season monthly low temperatures range from 26
to 46.6 degrees F; 2,258.85 GDDs; Huglin Index 1,835.81;
1,495.05 BEDDs.
Ornbaun and Zeni; moderately
deep and typically covered with
a mat of leaves and twigs.
Average growing season monthly low temperatures range from
31.3 to 50.4 degrees F.
Ornbaun and Zeni; moderately
deep and typically covered with
a mat of leaves and twigs.
Mendocino AVA: Average growing season temperature 80.4 degrees F, annual temperature 71 degrees F; 3,034.06 GDDs;
Huglin Index 2,399.82; 1,805.09 BEDDs.
6 Included as Table 2 in the petition, which is
posted within Docket TTB–2023–0003 at
www.regulations.gov.
7 Defined in the petition as the period from April
through October.
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8 See Albert J. Winkler et al., General Viticulture
(Berkeley: University of California Press, 2nd ed.
1974), pages 61–64. In the Winkler climate
classification system, annual heat accumulation
during the growing season, measured in annual
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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.
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18485
TABLE 6—SUMMARY OF DISTINGUISHING FEATURES—Continued
Location
Topography
Soils
Climate
South ...........................
Elevations reach over 600 feet;
designated as Timberland Production Zone.
Ornbaun and Zeni; moderately
deep and typically covered with
a mat of leaves and twigs.
West ............................
Elevations rise over 800 feet;
designated as Timberland Production Zone.
Ornbaun and Zeni; moderately
deep and typically covered with
a mat of leaves and twigs.
Average growing season monthly low temperatures range from
36.1 to 51.1 degrees F; in Mendocino Ridge AVA: average growing season temperature 76.1 degrees F, average annual temperature 68.2 degrees F, 2,680.08 GDDs, Huglin Index 2,051,
1,543.05 BEDDs; in Anderson Valley AVA: average growing season 78.2 degrees F, average annual temperature 70.1 degrees
F, 2,738.92 GDDs, Huglin Index 2,185.79, 1,699.14 BEDDs.
Not Available.
Comparison of the Proposed Comptche
AVA to the Existing North Coast AVA
The North Coast AVA was established
by T.D. ATF–145, published in the
Federal Register on September 21, 1983
(48 FR 42973). It includes all or portions
of Napa, Sonoma, Mendocino, Lake,
Marin, and Solano Counties, California.
According to T.D. ATF–145, the North
Coast AVA is characterized by a marineinfluenced climate that can be classified
as Regions I–III on the Winkler Index.
T.D. ATF–145 did not include any
information on the soils of the North
Coast AVA.
Comparison of Climate
Although the proposed Comptche
AVA also has a marine-influenced
climate, the petition states that the
climate and soils of the proposed AVA
are so different from the North Coast
AVA that the proposed AVA should not
be considered a part of the larger AVA.
The petition describes the climate of the
proposed AVA as suitable for growing
only the most cold-hardy wine grapes.
The petition for the proposed Comptche
AVA included climate date from within
the proposed AVA and from the North
Coast AVA, as a whole.9 The
information is summarized in the
following table.
TABLE 7—CLIMATE COMPARISON OF NORTH COAST AVA AND PROPOSED COMPTCHE AVA
Location
ddrumheller on DSK120RN23PROD with PROPOSALS1
Proposed Comptche AVA ......................................................................
North Coast AVA ...................................................................................
BEDDs
GDDs
Huglin
Index
1,395.05
1,798.84
2,258.85
3,080.43
1,835.81
2,342.98
The data in the table suggest that the
climate of the proposed Comptche AVA
is cooler than that of the larger, multicounty North Coast AVA as a whole.
The GDD accumulations for the
proposed AVA indicate it is a Region I
climate, whereas the North Coast AVA’s
GDD accumulations indicate the AVA,
as a whole, is a Region III climate.10 T.D.
ATF–145 notes that variations in
climate exist within the North Coast
AVA due to its large size. However, the
proposed Comptche AVA is not just
cooler than locations in other counties
within the North Coast AVA, but it is
also cooler than its three closest
neighboring AVAs in Mendocino
County—the Mendocino, Mendocino
Ridge, and Anderson Valley AVAs.11
Therefore, the petition lists climate as
one of the reasons to exclude the
proposed Comptche AVA from the
established North Coast AVA.
Comparison of Soil
9 Included as Table 2 in the petition, which is
posted within Docket TTB–2023–0003 at
www.regulations.gov.
10 See Albert J. Winkler et al., General Viticulture
(Berkeley: University of California Press, 2nd. ed.
1974), pages 61–64. In the Winkler scale, the GDD
regions are defined as follows: Region I = less than
2,500 GDDs; Region II = 2,501–3,000 GDDs; Region
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T.D. ATF–145, which established the
North Coast AVA, did not include
information about the AVA’s soils. The
proposed Comptche AVA petition states
that the primary soils in the proposed
AVA are the Bearwallow–Wolfey and
Perrygulch Loam series. According to
the petition, these soil series have a
limited extent in California: the
Bearwallow series covers a total of
30,050 acres, the Wolfey series covers
4,709 acres, and the Perrygulch series
covers 580 acres. By comparison, the
Zeni and Ornbaun series, which are the
most prominent soils in the regions
directly outside the proposed AVA,
cover 96,612 and 115,774 acres,
respectively. T.D. ATF–145 notes that
the entire North Coast AVA covers
slightly more than 3 million acres. The
petition states that the uniqueness of the
primary soils of the proposed Comptche
AVA is another reason the proposed
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Average
growing
season
temperature
(degrees F)
74.2
79.6
Average
annual
temperature
(degrees F)
67.9
71.4
AVA should not be considered a part of
the North Coast AVA.
TTB Determination
TTB concludes that the petition to
establish the 1,421.8-acre ‘‘Comptche’’
AVA merits consideration and public
comment, as invited in this document.
Boundary Description
See the narrative boundary
descriptions of the petitioned-for AVA
in the proposed regulatory text
published at the end of this document.
Maps
The petitioner provided the required
maps, and they are listed below in the
proposed regulatory text. You may also
view the proposed Comptche AVA
boundary on the AVA Map Explorer on
the TTB website, at https://www.ttb.gov/
wine/ava-map-explorer.
III = 3,001–3,500 GDDs; Region IV = 3,501–4,000
GDDs; Region V = greater than 4,000 GDDs.
11 See Tables 3, 4, and 5 in the Climate section
of this proposed rule.
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
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
or with a brand name that includes an
AVA name, at least 85 percent of the
wine must be derived from grapes
grown within the area represented by
that name, and the wine must meet the
other conditions listed in 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
27 CFR 4.39(i)(2) for details.
If TTB establishes this proposed AVA,
its name, ‘‘Comptche,’’ will be
recognized as a name of viticultural
significance under § 4.39(i)(3) of the
TTB regulations (27 CFR 4.39(i)(3)). The
text of the proposed regulation clarifies
this point. Consequently, wine bottlers
using ‘‘Comptche’’ 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 viticultural
area’s name ‘‘Comptche.’’
If the proposed Comptche AVA is
excluded from the established North
Coast AVA, grapes grown in the
Comptche AVA would not count
towards the percentage requirement for
wines labeled as ‘‘North Coast.’’
Vintners would be able to use
‘‘Comptche,’’ and only that term, as an
AVA appellation of origin, if at least 85
percent of the wine is derived from
grapes grown in the Comptche AVA,
and if the wine meets the other
eligibility requirements for the
appellation. Alternatively, vintners
could use ‘‘California’’ or ‘‘Mendocino
County’’ as non-AVA appellations of
origin.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether TTB
should establish the proposed
Comptche AVA. TTB is interested in
receiving comments on the sufficiency
and accuracy of the name, boundary,
and other required information
submitted in support of the AVA
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18:08 Mar 28, 2023
Jkt 259001
petition. In addition, because the
proposed Comptche AVA would not be
considered part of the existing North
Coast AVA, TTB is interested in
comments on whether the evidence
submitted in the petition regarding the
distinguishing features of the proposed
AVA sufficiently demonstrate that its
geographic features are so
distinguishable from the North Coast
AVA that the proposed Comptche AVA
should not be part of the established
AVA. Please provide any available
specific information in support of your
comments.
Because of the potential impact of the
establishment of the proposed
Comptche AVA on wine labels that
include the term ‘‘Comptche,’’ as
discussed in the Impact on Current
Wine Labels section, TTB is particularly
interested in comments regarding
whether there will be a conflict between
the proposed area names 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 by using one of the following
methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this
document within Docket No. TTB–
2023–0003 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 222 on the TTB website at https://
www.ttb.gov/wine/winerulemaking.shtml. Supplemental files
may be attached to comments submitted
via Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab at the top of the page.
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005.
Please submit your comments by the
closing date shown above in this
document. Your comments must
reference Notice No. 222 and include
your name and mailing address. Your
comments also must be made in
English, be legible, and be written in
PO 00000
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Sfmt 4702
language acceptable for public
disclosure. We do not acknowledge
receipt of comments, and we consider
all comments as originals.
Your comment must clearly state if
you are commenting on your own behalf
or on behalf of an organization,
business, or other entity. If you are
commenting on behalf of an
organization, business, or other entity,
your comment must include the entity’s
name as well as your name and position
title. If you comment via
Regulations.gov, please enter the
entity’s name in the ‘‘Organization’’
blank of the online comment form. If
you comment via postal mail, please
submit your entity’s comment on
letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this document, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2023–
0003 on the Federal e-rulemaking
portal, Regulations.gov, at https://
www.regulations.gov. A direct link to
that docket is available on the TTB
website at https://www.ttb.gov/wine/
wine-rulemaking.shtml under Notice
No. 222. You may also reach the
relevant docket through the
Regulations.gov search page at https://
www.regulations.gov. For instructions
on how to use Regulations.gov, visit the
site and click on the ‘‘Help’’ tab at the
top of the page.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
or material that it considers unsuitable
for posting.
You may also obtain copies of this
proposed rule, all related petitions,
maps and other supporting materials,
and any electronic or mailed comments
that TTB receives about this proposal at
20 cents per 8.5- x 11-inch page. Please
note that TTB is unable to provide
copies of USGS maps or any similarly-
E:\FR\FM\29MRP1.SGM
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Proposed Rules
sized documents that may be included
as part of the AVA petition. Contact
TTB’s Regulations and Rulings Division
by email using the web form at https://
www.ttb.gov/contact-rrd, or by
telephone at 202–453–1039, ext. 175, to
request copies of comments or other
materials.
Regulatory Flexibility Act
TTB certifies that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name would be the result of a
proprietor’s efforts and consumer
acceptance of wines from that area.
Therefore, no regulatory flexibility
analysis is required.
Executive Order 12866
This proposed rule is not a significant
regulatory action as defined by
Executive Order 12866. Therefore, it
requires no regulatory assessment.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, we propose 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 read as follows:
ddrumheller on DSK120RN23PROD with PROPOSALS1
§ 9.ll
Comptche.
(a) Name. The name of the viticultural
area described in this section is
‘‘Comptche’’. For purposes of part 4 of
this chapter, ‘‘Comptche’’ is a term of
viticultural significance.
(b) Approved maps. The one United
States Geological Survey (USGS)
1:24,000 scale topographic map used to
determine the boundary of the
viticultural area is titled Comptche,
California (provisional edition 1991).
(c) Boundary. The Comptche
viticultural area is located in
Mendocino County, California. The
boundary of the Comptche viticultural
area is as described as follows:
(1) The beginning point is on the
Comptche map at the intersection of a
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18:08 Mar 28, 2023
Jkt 259001
north-south tributary of the Albion
River and an unnamed improved road
known locally as Comptche Ukiah Road,
section 12, T16N/R16W. From the
beginning point, proceed northwest in a
straight line, crossing an unnamed,
unimproved road known locally as
Surprise Valley Road, to the 400-foot
elevation contour, section 12, T16N/
R16W; then
(2) Proceed north, then easterly along
the 400-foot elevation contour to its
intersection with an unnamed,
unimproved road southeast of the
marked 517-foot peak in section 1,
T16N/R16W; then
(3) Proceed southeasterly along the
unnamed, unimproved road to its
intersection with an unnamed,
unimproved road known locally as
Surprise Valley Road, section 1, T16N/
R16W; then
(4) Proceed northeasterly along
Surprise Valley Road to its intersection
with an unnamed, unimproved road
known locally as North Fork Road,
section 1, T16N/R16 W; then
(5) Proceed northwesterly along North
Fork Road to its intersection with an
unnamed, unimproved road known
locally as Docker Hill Road in section
36, T17N/R16W; then
(6) Proceed north along Docker Hill
Road to its intersection with the 400foot elevation contour, section 36,
T17N/R16W; then
(7) Proceed easterly along the 400-foot
elevation contour to its intersection
with the North Fork of the Albion River
in section 37, T17N/R15W; then
(8) Continue in a generally southerly
direction along the 400-foot elevation
contour to its intersection with an
unnamed intermittent creek in section
6, T16N/R15W; then
(9) Proceed south in a straight line to
the 400-foot elevation contour, section
6, T16N/R15W; then
(10) Proceed southeasterly, then
north, then southeasterly along the
meandering 400-foot elevation contour
to its intersection with the Albion River
in section 8, T16N/R15W; then
(11) Proceed westerly along the
Albion River to its intersection with a
north-south tributary in section 12,
T16N/R16W; then
(12) Proceed northeasterly along the
tributary, returning to the beginning
point.
(d) Exclusion. The Comptche
viticultural area as described in this
section is not included within the North
Coast viticultural area as described in
§ 9.30.
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18487
Signed: March 17, 2023.
Mary G. Ryan,
Administrator.
Approved: March 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2023–06349 Filed 3–28–23; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF JUSTICE
28 CFR Parts 0 and 27
[Docket No. JMD 154; AG Order No. 5618–
2023]
RIN 1105–AB47
Whistleblower Protection for Federal
Bureau of Investigation Employees
Department of Justice.
Notice of proposed rulemaking;
request for comments.
AGENCY:
ACTION:
The Department of Justice
(‘‘Department’’) proposes to update its
regulations on the protection of
whistleblowers in the Federal Bureau of
Investigation (‘‘FBI’’). This update
reflects changes resulting from an
assessment conducted by the
Department in response to Presidential
Policy Directive-19 of October 10, 2012,
‘‘Protecting Whistleblowers with Access
to Classified Information’’ (‘‘PPD–19’’),
and the Federal Bureau of Investigation
Whistleblower Protection Enhancement
Act of 2016 (‘‘FBI WPEA of 2016’’). The
proposed changes include updating the
description of protected whistleblower
disclosures and covered personnel
actions to conform to the FBI WPEA of
2016; providing for more equal access to
witnesses; and specifying that
compensatory damages may be awarded
as appropriate. The proposed changes
also include new provisions to
formalize practices that have been
implemented informally, including
providing for the use of
acknowledgement and show-cause
orders, providing access to alternative
dispute resolution through the
Department’s FBI Whistleblower
Mediation Program, clarifying the
authority to adjudicate allegations of a
breach of a settlement agreement, and
reporting information about those
responsible for unlawful reprisals. The
proposed regulation reiterates that the
determinations by the Director of the
Office of Attorney Recruitment and
Management (‘‘OARM’’) must be
independent and impartial. Finally,
through this proposed rule, the
Department is inviting specific
comments on and recommendations for
SUMMARY:
E:\FR\FM\29MRP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Proposed Rules]
[Pages 18481-18487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06349]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2023-0003; Notice No. 222]
RIN 1513-AC77
Proposed Establishment of the Comptche 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 1,421.8-acre ``Comptche'' American viticultural area
(AVA) in Mendocino County, California. The proposed AVA is located
entirely within the boundaries of the existing North Coast AVA, but the
petitioner requests excluding the proposed AVA from the North Coast AVA
due to significant differences in distinguishing features. TTB
designates viticultural areas to allow vintners to better describe the
origin of their wines and to allow consumers to better identify wines
they may purchase. TTB invites comments on these proposals.
DATES: TTB must receive your comments on or before May 30, 2023.
ADDRESSES: You may electronically submit comments to TTB on this
proposal, and view copies of this document, its supporting materials,
and any comments TTB receives on it within Docket No. TTB-2023-0003 as
posted on Regulations.gov (https://www.regulations.gov), the Federal e-
rulemaking portal. Please see the ``Public Participation'' section of
this document below for full details on how to comment on this proposal
via Regulations.gov or U.S. mail, and for full details on how to obtain
copies of this document, its supporting materials, and any comments
related to this proposal.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
provisions pursuant to section 1111(d) of the Homeland Security Act of
2002, as 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) 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 that affect viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA boundary;
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.
If a smaller proposed AVA is to be established within an existing
AVA, the petitioner may request, and TTB may determine, that the
proposed AVA should not be part of the larger AVA because the proposed
AVA has features that clearly distinguish it from the
[[Page 18482]]
surrounding AVA. In such instances, wine produced from grapes grown
within the proposed AVA would not be entitled to use the name of the
larger AVA as an appellation of origin or in a brand name if the
proposed AVA is established.
Petition To Establish the Comptche AVA
TTB received a petition from Michael Nolan, submitted on behalf of
local vineyard owners, proposing to establish the ``Comptche'' AVA. The
proposed AVA is located in Mendocino County, California, and covers
1,421.8 acres. There are 3 commercial vineyards covering a total of
over 30 acres within the proposed AVA. Although there are no wineries
within the proposed AVA, grapes are sold to nearby wineries, including
Baxter, Phillips Hill, and Lula.
The distinguishing features of the proposed Comptche AVA are its
topography, soils, and climate. The proposed Comptche AVA is located
entirely within the boundaries of the existing North Coast AVA (27 CFR
9.30). However, the petition states that the features of the proposed
AVA are so distinguishable from those of the North Coast AVA that the
proposed AVA should not be included within it.
Proposed Comptche AVA
Name Evidence
The proposed Comptche AVA takes its name from the community of
Comptche, California, which is located within the proposed AVA. The
Comptche Volunteer Fire Department provides firefighting services for
the community. The Comptche Community Organization hosts a variety of
events for residents throughout the year, including bingo, senior
lunches, and an art show. Children within the proposed AVA attend the
Comptche School from kindergarten through fifth grade. The Comptche
Store sells food and supplies within the proposed AVA. Finally, the
Comptche Directory provides a list of addresses and phone numbers of
residents and businesses within the proposed AVA.
Boundary Evidence
The proposed Comptche AVA is located in Mendocino County,
California, in a valley surrounded by forests of coastal redwoods and
Douglas firs. The proposed northern, eastern, and western boundaries
follow the 400-foot elevation contour and separate the valley floor
from the higher, steeper, heavily-forested surrounding regions without
viticulture. The proposed southern boundary follows the Albion River,
which also separates the proposed AVA from the higher, heavily-forested
region to the south.
Distinguishing Features
According to the petition, the distinguishing features of the
proposed Comptche AVA are its topography, soils, and climate.
Topography
The proposed Comptche AVA is located in a low-elevation valley, a
natural opening that is surrounded by heavily forested lands and short,
steep ridges. Elevations within the proposed AVA range from 187 to 400
feet, and all vineyards are planted at elevations between 220 and 250
feet. According to the USGS map included with the petition, elevations
are higher in each direction outside of the proposed AVA. To the north
of the proposed AVA are several marked peaks with elevations of 1,000
feet or higher. To the east of the proposed AVA, elevations rise above
1,200 feet near the community of Cameron, California. South of the
proposed AVA, peaks reach over 600 feet near Morrison Gulch. West of
the proposed AVA, elevations rise over 800 feet.
The petition also notes that the proposed Comptche AVA is
surrounded by land designated as a Timberland Production Zone. Such
land is zoned only for the growing and harvesting of timber for a
period of at least 10 years from the time it was so designated.\1\ The
proposed AVA is unique because non-timber-related agricultural
activity, including viticulture, is permitted. The petition includes a
map showing the extent of the Timberland Production Zones in Mendocino
County.\2\ The map supports the petition's claim that the proposed
Comptche AVA is one of the few regions in the coastal section of
Mendocino County that is not set aside for timber production for at
least the near future.
---------------------------------------------------------------------------
\1\ Californialandcan.org/local-resources/Timberland-Production-Zone/28005.
\2\ You may view the Timber Production Zone map in Appendix 3 of
the petition as posted within Docket TTB-2023-0003 at
www.regulations.gov.
---------------------------------------------------------------------------
According to the petition, the topography of the proposed Comptche
AVA has an effect on viticulture. The petition states that above 400
feet the land becomes steeper. As a result, the higher elevations
surrounding the proposed AVA are less suited to viticulture than the
more level lands on the valley floor of the proposed AVA. The petition
also states that the 400-foot elevation contour approximates the change
to forest soils that are different from the soil series found within
the proposed AVA and are more suited for timber production than
viticulture.
Finally, the petition states that elevation affects temperatures.
As evidence, the petition included data on the monthly low temperatures
from a weather station in the proposed AVA at an elevation of 177 feet,
a station to the north of the proposed AVA at an elevation of 525 feet,
and a station to the south of the proposed AVA at an elevation of 1,168
feet.\3\ The petition noted that high temperatures are very similar in
the proposed AVA and on the ridgelines because the sun shines equally
on both in the day. Therefore, the petition focused on low, nighttime
temperatures, when cold air drains into the proposed AVA from the
surrounding higher elevations. Although the petition included data from
each month from 2017 through 2019, the petition states that the growing
season months are the important months to consider because the vines
are dormant the rest of the year. Therefore, the following table only
includes data from each growing season, defined in the petition as
April through October.\4\
---------------------------------------------------------------------------
\3\ Included in the petition as Table 1; see Docket TTB-2023-
0003 at www.regulations.gov.
\4\ You may view the entire set of temperature data in Appendix
4 of the petition as posted within Docket TTB-2023-0003 at
www.regulations.gov.
[[Page 18483]]
Table 1--Average Growing Season Monthly Low Temperatures in Degrees Fahrenheit From 2017-2019
----------------------------------------------------------------------------------------------------------------
Location (direction from proposed AVA)
-----------------------------------------------------
Month Comptche Huckleberry Hill Rancho Navarro
(within) (north) (south)
----------------------------------------------------------------------------------------------------------------
2017
----------------------------------------------------------------------------------------------------------------
April..................................................... 32.2 33.1 36.1
----------------------------------------------------------------------------------------------------------------
May....................................................... 35.7 38.1 41.9
June...................................................... N/A 42.3 45.1
July...................................................... 44.4 46.0 46.8
August.................................................... 44.7 47.5 48.6
September................................................. 35.8 41.2 46.8
October................................................... 27.8 39.2 43.3
----------------------------------------------------------------------------------------------------------------
2018
----------------------------------------------------------------------------------------------------------------
April..................................................... 32.7 33.6 36.3
----------------------------------------------------------------------------------------------------------------
May....................................................... 36.0 37.2 41.5
June...................................................... 37.1 38.7 44.2
July...................................................... 41.7 45.1 46.4
August.................................................... 43.1 46.2 48.6
September................................................. 36.9 42.6 47.8
October................................................... 31.0 37.4 41.7
----------------------------------------------------------------------------------------------------------------
2019
----------------------------------------------------------------------------------------------------------------
April..................................................... 34.1 39.0 41.4
----------------------------------------------------------------------------------------------------------------
May....................................................... 33.5 37.4 40.8
June...................................................... 37.8 41.0 N/A
July...................................................... 43.4 46.2 49.1
August.................................................... 46.6 50.4 51.1
September................................................. 35.9 40.6 42.6
October................................................... 26.0 31.3 42.8
----------------------------------------------------------------------------------------------------------------
The petition states that the low temperatures in the low elevations
of the proposed AVA place the proposed AVA at greater risk for frost
than the higher elevations. Frost during the growing season can harm
vines and delay the development of fruit. The cooler evening growing
season temperatures within the proposed AVA can also delay grape
maturation.
Soils
The petition states that the proposed Comptche AVA has two main
soil types--Bearwallow-Wolfey and Perrygulch Loam. According to the
petition, most of the vineyards in the proposed AVA are planted on
Bearwallow-Wolfey soils, which are described in the petition as well-
drained, shallow, and relatively infertile soils over fractured
sandstone. The USDA Soil Survey \5\ notes that these soils are
primarily used for livestock grazing, wine grape production, and
wildlife habitat. These soils are prone to erosion due to their
thinness and the fact that they frequently occur on slopes. Therefore,
mowing is the preferred method of controlling weeds in the vineyards
instead of tilling, which disturbs the soil. Additionally, vineyards
planted on these soils are at less of a risk for frost damage than
soils planted on the valley floor because cold air drains down the
slopes and settles on the valley floor.
---------------------------------------------------------------------------
\5\ Included in Appendix 2 of the petition, which is posted
within Docket TTB-2023-0003 at www.regulations.gov.
---------------------------------------------------------------------------
Perrygulch Loam is a deep, rich, bottomland soil series that is not
as well drained as Bearwallow-Wolfey soils. The soils also contain a
large amount of clay. Because these soils are primarily located on the
flat valley floor, they are more susceptible to frost than the
Bearwallow-Wolfey soils that occur on steeper slopes. The petition
states that the vineyard planted on Perrygulch Loam soils has an
overhead sprinkler system and catchment pond to help with frost
protection, while the vineyards planted on the Bearwallow-Wolfey soils
either have no frost protection equipment or occasionally use a simple
fan. Vineyards planted on Perrygulch soils also try to avoid soil
disturbance, not because the soils are easily eroded but because the
high clay content is easily compacted by heavy machinery. As a result,
the petition states that the preferred method of weed control in these
vineyards is the use of herbicides.
By contrast, the most common soils surrounding the proposed
Comptche AVA are Ornbaun and Zeni soils, which are found in each
direction outside the proposed AVA. These soils are described in the
USDA Soil Survey as occurring on hills and mountains. The soils are
moderately deep to deep and formed from sandstone, and the surface is
typically covered with a mat of leaves and twigs that is one-half inch
deep. The USDA Soil Survey notes that these soils are used for timber
production or as a watershed.
Climate
The petition to establish the proposed Comptche AVA included
climate data from within the proposed AVA and from three established
AVAs in Mendocino County: The Mendocino AVA (27 CFR 9.93), which forms
a ``V'' shape to the east and south of the proposed AVA, and the
Mendocino Ridge AVA (27 CFR 9.158) and Anderson Valley AVA (27 CFR
9.86),
[[Page 18484]]
which are both to the south of the proposed AVA.\6\ The following table
summarize the average growing season and average annual temperatures.
Data was not included for the regions to the north or west of the
proposed Comptche AVA.
---------------------------------------------------------------------------
\6\ Included as Table 2 in the petition, which is posted within
Docket TTB-2023-0003 at www.regulations.gov.
\7\ Defined in the petition as the period from April through
October.
Table 2--Average Growing Season \7\ and Annual Temperatures
[Degrees fahrenheit]
------------------------------------------------------------------------
Average growing Average annual
Location season temperature temperature
------------------------------------------------------------------------
Proposed Comptche AVA....... 74.2 67.9
Mendocino AVA............... 80.4 71.0
Mendocino Ridge AVA......... 76.1 68.2
Anderson Valley AVA......... 78.2 70.1
------------------------------------------------------------------------
The petition also included data from three additional ways of
measuring the climate of a region. The first method is growing degree
days (GDDs), also known as the Winkler Index.\8\ The following table
summarizes the average annual GDD accumulations from the same locations
as used in the previous table.
---------------------------------------------------------------------------
\8\ See Albert J. Winkler et al., General Viticulture (Berkeley:
University of California Press, 2nd ed. 1974), pages 61-64. In the
Winkler climate classification system, annual heat accumulation
during the growing season, measured in annual 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.
Table 3--Average Annual GDD accumulations
------------------------------------------------------------------------
GDD
Location accumulations
------------------------------------------------------------------------
Proposed Comptche AVA................................... 2,258.85
Mendocino AVA........................................... 3,034.06
Mendocino Ridge AVA..................................... 2,680.08
Anderson Valley AVA..................................... 2,738.92
------------------------------------------------------------------------
The second system of measuring climate is the Huglin Index.
According to the petition, this method uses the period from April 1
through September 30 and sums the mean of the daily mean temperatures
above 10 degrees Celsius, multiplied by a coefficient indicative of the
latitude to account for increasing day lengths. The following table
summarizes the Huglin Index numbers for the same locations as used in
the previous table.
Table 4--Huglin Index
------------------------------------------------------------------------
Location Huglin Index
------------------------------------------------------------------------
Proposed Comptche AVA................................... 1,835.81
Mendocino AVA........................................... 2,399.82
Mendocino Ridge AVA..................................... 2,051.0
Anderson Valley AVA..................................... 2,185.79
------------------------------------------------------------------------
The final system of measuring climate is called Biologically
Effective Degree Days (BEDD). The BEDD method calculates the growing
degree days between April 1 and October 31 and also accounts for day
length and diurnal temperature range. The following table summarizes
the BEDD accumulations for the same locations as used in the previous
table.
Table 5--BEDD Accumulations
------------------------------------------------------------------------
BEDD
Location accumulations
------------------------------------------------------------------------
Proposed Comptche AVA................................... 1,395.05
Mendocino AVA........................................... 1,805.09
Mendocino Ridge AVA..................................... 1,543.05
Anderson Valley AVA..................................... 1,699.14
------------------------------------------------------------------------
The climate data included in the petition shows that the proposed
Comptche AVA has lower GDD and BEDD accumulations and a lower Huglin
Index number than the regions to the south and east, suggesting a
significantly cooler climate within the proposed AVA. The petition
states that the proposed AVA is a ``borderline'' region for growing
wine grapes, and that only the most cold-hardy varietals will
successfully ripen. Pinot Noir is the only grape varietal currently
grown commercially within the proposed Comptche AVA.
Summary of Distinguishing Features
The following table summarizes the characteristics of the proposed
Comptche AVA and the surrounding regions.
Table 6--Summary of Distinguishing Features
----------------------------------------------------------------------------------------------------------------
Location Topography Soils Climate
----------------------------------------------------------------------------------------------------------------
Proposed Comptche AVA........... Low elevation, Bearwallow-Wolfey and Average growing season
naturally-open valley; Perrygulch Loam; monthly low temperatures
elevations between 187 generally well- range from 26 to 46.6
and 400 feet; not drained, shallow, degrees F; 2,258.85 GDDs;
designated as a relatively fertile; Huglin Index 1,835.81;
Timberland Production prone to erosion. 1,495.05 BEDDs.
Zone.
North........................... Heavily forested; Ornbaun and Zeni; Average growing season
elevations reach 1,000 moderately deep and monthly low temperatures
feet and higher; typically covered with range from 31.3 to 50.4
designated as a mat of leaves and degrees F.
Timberland Production twigs.
Zone.
East............................ Elevations reach 1,200 Ornbaun and Zeni; Mendocino AVA: Average
feet and higher; moderately deep and growing season temperature
designated as typically covered with 80.4 degrees F, annual
Timberland Production a mat of leaves and temperature 71 degrees F;
Zone. twigs. 3,034.06 GDDs; Huglin Index
2,399.82; 1,805.09 BEDDs.
[[Page 18485]]
South........................... Elevations reach over Ornbaun and Zeni; Average growing season
600 feet; designated moderately deep and monthly low temperatures
as Timberland typically covered with range from 36.1 to 51.1
Production Zone. a mat of leaves and degrees F; in Mendocino
twigs. Ridge AVA: average growing
season temperature 76.1
degrees F, average annual
temperature 68.2 degrees F,
2,680.08 GDDs, Huglin Index
2,051, 1,543.05 BEDDs; in
Anderson Valley AVA:
average growing season 78.2
degrees F, average annual
temperature 70.1 degrees F,
2,738.92 GDDs, Huglin Index
2,185.79, 1,699.14 BEDDs.
West............................ Elevations rise over Ornbaun and Zeni; Not Available.
800 feet; designated moderately deep and
as Timberland typically covered with
Production Zone. a mat of leaves and
twigs.
----------------------------------------------------------------------------------------------------------------
Comparison of the Proposed Comptche AVA to the Existing North Coast AVA
The North Coast AVA was established by T.D. ATF-145, published in
the Federal Register on September 21, 1983 (48 FR 42973). It includes
all or portions of Napa, Sonoma, Mendocino, Lake, Marin, and Solano
Counties, California. According to T.D. ATF-145, the North Coast AVA is
characterized by a marine-influenced climate that can be classified as
Regions I-III on the Winkler Index. T.D. ATF-145 did not include any
information on the soils of the North Coast AVA.
Comparison of Climate
Although the proposed Comptche AVA also has a marine-influenced
climate, the petition states that the climate and soils of the proposed
AVA are so different from the North Coast AVA that the proposed AVA
should not be considered a part of the larger AVA. The petition
describes the climate of the proposed AVA as suitable for growing only
the most cold-hardy wine grapes. The petition for the proposed Comptche
AVA included climate date from within the proposed AVA and from the
North Coast AVA, as a whole.\9\ The information is summarized in the
following table.
---------------------------------------------------------------------------
\9\ Included as Table 2 in the petition, which is posted within
Docket TTB-2023-0003 at www.regulations.gov.
---------------------------------------------------------------------------
Table 7--Climate Comparison of North Coast AVA and Proposed Comptche AVA
----------------------------------------------------------------------------------------------------------------
Average
growing Average
Location BEDDs GDDs Huglin season annual
Index temperature temperature
(degrees F) (degrees F)
----------------------------------------------------------------------------------------------------------------
Proposed Comptche AVA....................... 1,395.05 2,258.85 1,835.81 74.2 67.9
North Coast AVA............................. 1,798.84 3,080.43 2,342.98 79.6 71.4
----------------------------------------------------------------------------------------------------------------
The data in the table suggest that the climate of the proposed
Comptche AVA is cooler than that of the larger, multi-county North
Coast AVA as a whole. The GDD accumulations for the proposed AVA
indicate it is a Region I climate, whereas the North Coast AVA's GDD
accumulations indicate the AVA, as a whole, is a Region III
climate.\10\ T.D. ATF-145 notes that variations in climate exist within
the North Coast AVA due to its large size. However, the proposed
Comptche AVA is not just cooler than locations in other counties within
the North Coast AVA, but it is also cooler than its three closest
neighboring AVAs in Mendocino County--the Mendocino, Mendocino Ridge,
and Anderson Valley AVAs.\11\ Therefore, the petition lists climate as
one of the reasons to exclude the proposed Comptche AVA from the
established North Coast AVA.
---------------------------------------------------------------------------
\10\ See Albert J. Winkler et al., General Viticulture
(Berkeley: University of California Press, 2nd. ed. 1974), pages 61-
64. In the Winkler scale, the GDD regions are defined as follows:
Region I = less than 2,500 GDDs; Region II = 2,501-3,000 GDDs;
Region III = 3,001-3,500 GDDs; Region IV = 3,501-4,000 GDDs; Region
V = greater than 4,000 GDDs.
\11\ See Tables 3, 4, and 5 in the Climate section of this
proposed rule.
---------------------------------------------------------------------------
Comparison of Soil
T.D. ATF-145, which established the North Coast AVA, did not
include information about the AVA's soils. The proposed Comptche AVA
petition states that the primary soils in the proposed AVA are the
Bearwallow-Wolfey and Perrygulch Loam series. According to the
petition, these soil series have a limited extent in California: the
Bearwallow series covers a total of 30,050 acres, the Wolfey series
covers 4,709 acres, and the Perrygulch series covers 580 acres. By
comparison, the Zeni and Ornbaun series, which are the most prominent
soils in the regions directly outside the proposed AVA, cover 96,612
and 115,774 acres, respectively. T.D. ATF-145 notes that the entire
North Coast AVA covers slightly more than 3 million acres. The petition
states that the uniqueness of the primary soils of the proposed
Comptche AVA is another reason the proposed AVA should not be
considered a part of the North Coast AVA.
TTB Determination
TTB concludes that the petition to establish the 1,421.8-acre
``Comptche'' AVA merits consideration and public comment, as invited in
this document.
Boundary Description
See the narrative boundary descriptions of the petitioned-for AVA
in the proposed regulatory text published at the end of this document.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text. You may also view the proposed
Comptche AVA boundary on the AVA Map Explorer on the TTB website, at
https://www.ttb.gov/wine/ava-map-explorer.
[[Page 18486]]
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 or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in 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 27 CFR 4.39(i)(2) for details.
If TTB establishes this proposed AVA, its name, ``Comptche,'' 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 ``Comptche'' 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 viticultural area's name
``Comptche.''
If the proposed Comptche AVA is excluded from the established North
Coast AVA, grapes grown in the Comptche AVA would not count towards the
percentage requirement for wines labeled as ``North Coast.'' Vintners
would be able to use ``Comptche,'' and only that term, as an AVA
appellation of origin, if at least 85 percent of the wine is derived
from grapes grown in the Comptche AVA, and if the wine meets the other
eligibility requirements for the appellation. Alternatively, vintners
could use ``California'' or ``Mendocino County'' as non-AVA
appellations of origin.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether TTB should establish the proposed Comptche AVA. TTB is
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, and other required information submitted in support of
the AVA petition. In addition, because the proposed Comptche AVA would
not be considered part of the existing North Coast AVA, TTB is
interested in comments on whether the evidence submitted in the
petition regarding the distinguishing features of the proposed AVA
sufficiently demonstrate that its geographic features are so
distinguishable from the North Coast AVA that the proposed Comptche AVA
should not be part of the established AVA. Please provide any available
specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Comptche AVA on wine labels that include the term
``Comptche,'' as discussed in the Impact on Current Wine Labels
section, TTB is particularly interested in comments regarding whether
there will be a conflict between the proposed area names 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 by using one of the
following methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this document within Docket No. TTB-
2023-0003 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
https://www.regulations.gov. A direct link to that docket is available
under Notice No. 222 on the TTB website at https://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab at the
top of the page.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
document. Your comments must reference Notice No. 222 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. We do not acknowledge receipt of comments, and we consider
all comments as originals.
Your comment must clearly state if you are commenting on your own
behalf or on behalf of an organization, business, or other entity. If
you are commenting on behalf of an organization, business, or other
entity, your comment must include the entity's name as well as your
name and position title. If you comment via Regulations.gov, please
enter the entity's name in the ``Organization'' blank of the online
comment form. If you comment via postal mail, please submit your
entity's comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this document, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2023-0003 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A
direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 222. You may
also reach the relevant docket through the Regulations.gov search page
at https://www.regulations.gov. For instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab at the
top of the page.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that it considers unsuitable for posting.
You may also obtain copies of this proposed rule, all related
petitions, maps and other supporting materials, and any electronic or
mailed comments that TTB receives about this proposal at 20 cents per
8.5- x 11-inch page. Please note that TTB is unable to provide copies
of USGS maps or any similarly-
[[Page 18487]]
sized documents that may be included as part of the AVA petition.
Contact TTB's Regulations and Rulings Division by email using the web
form at https://www.ttb.gov/contact-rrd, or by telephone at 202-453-
1039, ext. 175, to request copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866. Therefore, it requires no regulatory
assessment.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose 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.__ Comptche.
(a) Name. The name of the viticultural area described in this
section is ``Comptche''. For purposes of part 4 of this chapter,
``Comptche'' is a term of viticultural significance.
(b) Approved maps. The one United States Geological Survey (USGS)
1:24,000 scale topographic map used to determine the boundary of the
viticultural area is titled Comptche, California (provisional edition
1991).
(c) Boundary. The Comptche viticultural area is located in
Mendocino County, California. The boundary of the Comptche viticultural
area is as described as follows:
(1) The beginning point is on the Comptche map at the intersection
of a north-south tributary of the Albion River and an unnamed improved
road known locally as Comptche Ukiah Road, section 12, T16N/R16W. From
the beginning point, proceed northwest in a straight line, crossing an
unnamed, unimproved road known locally as Surprise Valley Road, to the
400-foot elevation contour, section 12, T16N/R16W; then
(2) Proceed north, then easterly along the 400-foot elevation
contour to its intersection with an unnamed, unimproved road southeast
of the marked 517-foot peak in section 1, T16N/R16W; then
(3) Proceed southeasterly along the unnamed, unimproved road to its
intersection with an unnamed, unimproved road known locally as Surprise
Valley Road, section 1, T16N/R16W; then
(4) Proceed northeasterly along Surprise Valley Road to its
intersection with an unnamed, unimproved road known locally as North
Fork Road, section 1, T16N/R16 W; then
(5) Proceed northwesterly along North Fork Road to its intersection
with an unnamed, unimproved road known locally as Docker Hill Road in
section 36, T17N/R16W; then
(6) Proceed north along Docker Hill Road to its intersection with
the 400-foot elevation contour, section 36, T17N/R16W; then
(7) Proceed easterly along the 400-foot elevation contour to its
intersection with the North Fork of the Albion River in section 37,
T17N/R15W; then
(8) Continue in a generally southerly direction along the 400-foot
elevation contour to its intersection with an unnamed intermittent
creek in section 6, T16N/R15W; then
(9) Proceed south in a straight line to the 400-foot elevation
contour, section 6, T16N/R15W; then
(10) Proceed southeasterly, then north, then southeasterly along
the meandering 400-foot elevation contour to its intersection with the
Albion River in section 8, T16N/R15W; then
(11) Proceed westerly along the Albion River to its intersection
with a north-south tributary in section 12, T16N/R16W; then
(12) Proceed northeasterly along the tributary, returning to the
beginning point.
(d) Exclusion. The Comptche viticultural area as described in this
section is not included within the North Coast viticultural area as
described in Sec. 9.30.
Signed: March 17, 2023.
Mary G. Ryan,
Administrator.
Approved: March 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2023-06349 Filed 3-28-23; 8:45 am]
BILLING CODE 4810-31-P
