[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 30002-30008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12823]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2010-0005; T.D. TTB-93; Ref: Notice No. 108]
RIN 1513-AB55
Establishment of the Antelope Valley of the California High
Desert Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision establishes the 665-square mile
``Antelope Valley of the California High Desert'' American viticultural
area in Los Angeles and Kern Counties, California. The Alcohol and
Tobacco Tax and Trade Bureau designates viticultural areas to allow
vintners to better describe the origin of their wines and to allow
consumers to better identify wines they may purchase.
DATES: Effective Date: June 23, 2011.
FOR FURTHER INFORMATION CONTACT: Elisabeth C. Kann, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G St.,
NW., Room 200E, Washington, DC 20220; phone 202-453-2002.
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 requires that these regulations, 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
regulations promulgated under the FAA Act.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and 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) contains
the list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines
[[Page 30003]]
a viticultural area for American wine as a delimited grape-growing
region distinguishable by geographical features, the boundaries of
which have been recognized and defined 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 its geographic origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area 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 outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.3(b) of the TTB regulations requires
the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographic features, such as
climate, soils, elevation, and physical features, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
Antelope Valley of the California High Desert Petition
Mr. Ralph Jens Carter, on behalf of the Antelope Valley Winegrowers
Association, submitted a petition proposing to establish the Antelope
Valley of the California High Desert viticultural area. The proposed
viticultural area covers 665 square miles, and lies in inland southern
California, approximately 50 miles north of the Los Angeles
metropolitan area. TTB notes that the proposed viticultural area is not
within, does not contain, and does not overlap any existing or
currently proposed viticultural area. In 2007, the proposed
viticultural area included 128 planted acres in 16 commercial
vineyards, and 2 bonded wineries, according to a listing in the
petition exhibits.
The distinguishing features of the proposed Antelope Valley of the
California High Desert viticultural area are climate, geology,
geography, and soils, according to the petition. The Antelope Valley is
surrounded by mountains on three sides and by a desert on the other
side; it has an arid climate, desert soils, and a valley geomorphology.
The evidence submitted in support of establishing the proposed
viticultural area is summarized below.
History of Agriculture and Viticulture in the Antelope Valley
For an estimated 11,000 years, various cultures have populated the
Antelope Valley region, according to the petitioner. Native American
tribes, traveling north from what is now Arizona and New Mexico, used
the valley as a trade route.
In the 1880s and early 1890s, Antelope Valley had ample rainfall
and available surface water for farming. When settlers needed
irrigation for farming, they initially used water from mountain
streams, but eventually they dug wells into underground water
reservoirs.
The petition states that early viticulture in the Antelope Valley
area consisted of two growers in Lancaster (``Directory of the Grape
Growers and Winemakers in California,'' Compiled by Clarence J.
Wetmore, Secretary of the Board of State Viticulture Commissioners,
1888). By 1893, viticulture in the area grew to 239 acres of vines, 6.5
acres of wine grapes, and 8 growers (``Vineyards of Southern
California,'' E.C. Bichowsky, California Board of State Viticultural
Commissioners, 1893).
A drought in 1894 and Prohibition (1919-1933) ended viticulture in
Antelope Valley, according to the petition. However, in the early 20th
century, water supplies for general farming in the valley became
dependable as gasoline engines and electric pumps came into use. In
1913, the Los Angeles Aqueduct, extending from Owens Valley in
southeastern California to Los Angeles, was built. Bordering the north
side of Antelope Valley, the Los Angeles Aqueduct also helped revive
the agricultural economy in the valley. Viticulture restarted in 1981,
when Steve Godde planted 5 acres to grapevines on the west side of the
valley.
Name Evidence
The name ``Antelope Valley of the California High Desert'' combines
the name recognition of the valley and the California high desert area
into a single geographic descriptor, according to the petitioner. The
modifier ``California High Desert'' distinguishes the proposed
viticultural area from other places in California and elsewhere also
called ``Antelope Valley;'' ``California High Desert'' is commonly used
by area inhabitants to distinguish and identify the Antelope Valley
located in the high desert in southeastern California. According to the
Geographic Names Information System (GNIS) maintained by the USGS, the
``Antelope Valley'' name identifies 35 geographical locations in 10
States, including 9 locations in California.
The petition contains several documents and citations that refer to
the ``Antelope Valley'' in Los Angeles and Kern Counties, as follows:
The USGS 1974 photorevised Little Buttes Quadrangle map; the 1977
Geologic Map of California, compiled by Charles W. Jennings; the 2005
DeLorme Southern and Central California Atlas and Gazetteer; the
California Air Resources Board Web site; and the 2001 edition
California State Automobile Association (CSAA) Coast and Valley map.
The petition also includes excerpts of the 2006 Antelope Valley AT&T
telephone directory listing more than 80 entities--businesses,
churches, and health care providers, a college, a high school district,
and a chamber of commerce--with ``Antelope Valley'' in their names.
References to the ``High Desert'' in the proposed viticultural area
name include an excerpt from the 2006 Antelope Valley AT&T telephone
directory. The telephone directory lists 25 entities in the subject
Antelope Valley area--businesses, health care providers, a school, a
church, and a hospital--with ``High Desert'' in their names.
Also of relevance, Antelope Valley is described as ``Medium to high
desert of California and southern Nevada'' in the ``Sunset Western
Garden Book'' (Kathleen Norris Brenzel, editor, eighth edition, January
2007, Sunset Publishing Corporation, Menlo Park, California), which is
discussed in more detail below.
Boundary Evidence
The Antelope Valley region is a wedge-shaped portion of the western
Mojave Desert, according the petitioner. The north and west sides of
the wedge border the Tehachapi Mountains; the south side of the wedge
borders the San
[[Page 30004]]
Gabriel Mountains, the Sierra Pelona Mountains, and Portal Ridge. The
east side is an open continuation of the Mojave Desert.
The boundary line for the proposed Antelope Valley of the
California High Desert viticultural area defines an area in the greater
Antelope Valley region. The area within the proposed viticultural area
boundary line has similar climate, geology, geography, and soils. These
geographical features are distinct from the geographical features in
the areas outside the boundary of the proposed viticultural area.
The proposed northern portion of the boundary line is defined by a
portion of the Los Angeles Aqueduct, roads, elevation lines, a trail,
the southwest perimeter of the Edwards Air Force Base (AFB), and a
series of stairstep section lines on the USGS map. The proposed eastern
portion of the boundary line is defined by a section line. The proposed
southern portion of the boundary line is defined by elevation lines and
a portion of the California Aqueduct system, which runs along the
foothills of the surrounding mountains. The proposed western portion of
the boundary line is defined by a portion of the Los Angeles Aqueduct.
No part of Edwards AFB lies within the proposed viticultural area.
Distinguishing Features
The distinguishing features of the proposed Antelope Valley of the
California High Desert viticultural area include climate, geology,
geography, and soils, according to the petition.
Climate
The petition states that, in most years, summers in the Antelope
Valley are hot and dry, and winters are relatively cold (Soil Survey of
the Antelope Valley Area, California, 1970, U.S. Department of
Agriculture, Soil Conservation Service, in cooperation with the
University of California Agricultural Experiment Station). Annual
precipitation in the valley ranges from 4 to 9 inches, with little or
no snow. The growing season is 240 to 260 days long. The table below
summarizes the climate data presented in the petition for the Antelope
Valley and the surrounding areas. The data are discussed in the text
below.
Annual Precipitation, Growing Season Length, Winter Low Temperatures, Sunset Climate Zone, and Winkler Climate Region for Antelope Valley and the
Surrounding Areas
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Antelope Valley North East Southeast South central Southwest West
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San Gabriel
Location Victorville Mountains San Gabriel San Gabriel
Within Tehachapi and Edwards transitioning Mountains, Mountains, Sandberg
Mountains AFB to higher lower higher
elevations elevations elevations
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Annual precipitation (in.)............ 4-9 12-20 1.4-5 10-20 10-20 9-20 14-16
Growing season (days)................. 240-260 50-100 215-235 170-190 220-240 100-150 50-100
Sunset climate zone *................. 11 1A 10 7 18 2A 1A
Winkler region/ degree days **........ V (4,600) No Data V (4,900) No Data No Data No Data III (3,370)
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* See the ``Sunset Western Garden Book'' (Brenzel), discussed below.
** See ``General Viticulture'' (Winkler), discussed below.
Hot summers, cold winters, and widely varying daily temperatures
characterize the climate in the Antelope Valley, according to the
petition. On average, 110 days a year have high temperatures above 90
degrees F, but nights are mild. The growing season extends from mid-
March to early November. Winter low temperatures range from 6 to 11
degrees F.
In the mountainous areas to the south, west, and north of the
Antelope Valley, summers are cool and winters are cold, according to
the petition. To the west, in addition to the mountainous region, are
areas of lower elevation terrain with a longer and warmer growing
season conducive to successful viticulture. Annual precipitation is 9
to 20 inches, significantly more than the 4 to 9 inches of
precipitation in the valley; consequently, it increases the groundwater
supply in the valley. The growing season in the mountains ranges from
50 to 240 days, as compared to the growing season in the proposed
viticultural area which ranges from 240 to 260 days.
Northeast of the proposed viticultural area lies Edwards AFB, for
which climate data related to agriculture or viticulture is limited,
according to the petition. To the southeast, in an Antelope Valley-
Mojave Desert transition zone, summers are hot; winters are mild with
neither severe cold nor high humidity. The growing season of this
transition zone is 170 to 190 days--shorter than that in the Antelope
Valley.
There are 24 climate zones within the continental western United
States, according to the ``Sunset Western Garden Book'' (Brenzel).
Sunset climate zones are based on factors such as winter minimum
temperatures, summer high temperatures, length of the growing season,
humidity, and rainfall patterns. These factors are determined by
latitude, elevation, ocean proximity and influence, continental air,
hills and mountains, and local terrain. Climate in Sunset climate zone
1 is the harshest cold weather, and climate in Sunset climate zone 24
is the mildest.
The Antelope Valley lies in Sunset climate zone 11, ``Medium to
high desert of California and southern Nevada,'' according to the
petition. Different Sunset climate zones exist in areas 11 miles or
less to the north, west, and south of the Antelope Valley. The
Tehachapi Mountains, to the north, and Sandberg, to the west, are in
Sunset climate zone 1A, ``Coldest mountains and intermountain areas
throughout the contiguous states and southern British Columbia.''
Winter low temperatures are 0 to 11 degrees F. The growing season in
climate zone 1A generally lasts from end of May to the first part of
September, and summers are mild. To the south, in the higher elevations
of the San Gabriel Mountains, lies Sunset climate zone 2A, ```Cold
Mountain and Inter-Mountain' Areas.'' Winter low temperatures are 10 to
20 degrees F.
The lower-elevation areas of the San Gabriel Mountains south of the
Antelope Valley lie in Sunset climate zone 18, ``Above and below the
thermal belts in Southern California's interior valleys.'' The growing
season in climate zone 18 can extend from the end of March to late
November. Winter low temperatures average between 7 and 22 degrees F.
The lower-elevation areas of the San Gabriel Mountains are intermediate
zones where the Antelope Valley transitions to the part of the San
Gabriel Mountains in Sunset climate zone 2A.
Southeast of the Antelope Valley, where the San Gabriel Mountains
transition to higher elevations, lies Sunset climate zone 7,
``California's
[[Page 30005]]
Gray Pine Belt.'' The growing season in climate zone 7, from late April
to early October, extends from 170 to 190 days. Summers are hot, and
winters are mild. Winter low temperatures average between 26 to 35
degrees F.
The area to the east of the Antelope Valley, near Victorville and
Edwards AFB, lies in Sunset climate zone 10, ``High desert areas of
Arizona and New Mexico.'' This zone includes the part of the Mojave
Desert near the California-Nevada border. Climate zone 10's growing
season, early April to November, averages 225 days. Winter low
temperatures average between 22 to 25 degrees F.
The Winkler climate classification system uses heat accumulation
during the growing season to define climatic regions for viticulture
(``General Viticulture,'' by Albert J. Winkler, University of
California Press, 1974, pp. 61-64). As a measurement of heat
accumulation during the growing season, 1 degree day accumulates for
each degree Fahrenheit that a day's mean temperature is above 50
degrees, the minimum temperature required for grapevine growth.
Climatic region I has less than 2,500 growing degree days per year;
region II, 2,501 to 3,000; region III, 3,001 to 3,500; region IV, 3,501
to 4,000; and region V, 4,001 or more.
The proposed Antelope Valley of the California High Desert
viticultural area has an annual average heat accumulation of 4,600
degree days and therefore is in Winkler climate region V, according to
the petition. The areas to the east, also in Winkler region V, have a
greater annual heat accumulation (4,900 degree days) but a shorter
growing season (215 to 235 days) compared to the proposed viticultural
area. Sandberg, to the west of the Antelope Valley, is in Winkler
region III. Most mountainous areas surrounding the Antelope Valley are
not assigned to a Winkler climate region because they are too cold to
support commercial viticulture.
Geology
Geology has influenced the topography of the Antelope Valley, the
surrounding mountains, and the neighboring desert, according to the
petition. The distinguishing geologic features of the proposed
viticultural area are valley fill, alluvial soils, diverging fault
lines, and relatively young rocks.
The topography of the Mojave Desert of California, of which the
Antelope Valley is a part, varies from fault scarps and playas to
surrounding hills and mountains. Valley fill is thickest in the
Antelope Valley, in the westernmost part of the Mojave Desert.
The Antelope Valley region is a geologically old basin that more
recent alluvium has filled. Intermittent and ephemeral streams drain
into two playas within the basin: Rosamond and Rogers Dry Lakes (U.S.
Department of Agriculture, Soil Conservation Service). The valley
landform resulted from a depression at the intersection of diverging
fault lines from branches of the Garlock and San Andreas Faults. The
valley's steep vertical relief evolved from a strike slip on the San
Andreas Fault or an associated, branching fault.
The relatively young age of the alluvial fill within the proposed
viticultural area contrasts with the age of rocks in the surrounding
areas, according to the petition. The rocks in the Antelope Valley
region date primarily to the Cenozoic Era (65.5 million years ago to
recent). The alluvial fill is Quaternary (2 million years ago to
recent). Surrounding the Antelope Valley region, the rocks generally
date to the Cretaceous Period (65 to 136 million years ago), the
Jurassic Period (136 to 190 million years ago), and the Triassic Period
(190 to 225 million years ago).
Plutonic rocks are predominant in the mountainous areas surrounding
the proposed viticultural area boundary line. They include crystalline,
granite, quartz diorite, quartz monzonite, and granodiorite. These
rocks, the granite and diorite granite rocks in particular, weathered
to form mainly consolidated and unconsolidated, mostly nonmarine
alluvium on the valley floor. However, Oso Canyon, at the western tip
of the valley, is a sedimentary bed dating to the Miocene epoch (about
23 to 5 million years ago).
Geography
The terrain of the proposed Antelope Valley of the California High
Desert viticultural area is characterized by significant uniformity and
continuity, according to the petition. Slopes are level or nearly level
on the valley floor, but range to gently sloping to moderately sloping
on rises at the upper elevations of the terraces and alluvial fans.
And, although the proposed viticultural area is approximately 52 miles
wide, elevation varies only 838 feet, as shown on the USGS maps. The
elevation of the surrounding mountains varies from that of the valley
by approximately 450 to 4,900 feet, as shown on the USGS maps and the
table below.
Elevation of Locations in the Antelope Valley and Surrounding Areas
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Distance from
proposed Direction from Elevation
Location Area viticultural proposed viticultural (feet)
area (miles) area
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Antelope Valley................... Greater Antelope 0 Within............... 2,300-3,100
Valley region.
Double Mountain................... Tehachapi Mountains.. 10.5 North................ 7,981
Soledad Mountain.................. Rosamond Hills....... 2 North................ 4,500
Silver Peak....................... Shadow Mountains..... 16 East................. 4,043
Burnt Peak........................ Liebre Mountains..... 6 South................ 5,888
Mount McDill...................... Sierra Pelona Range.. 6.25 South................ 5,187
Pine Peak......................... Liebre Mountains..... 2.25 West................. 3,555
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Soils
The proposed Antelope Valley of the California High Desert
viticultural area lies on the western rim of an old alluvial basin with
interior drainage by intermittent and ephemeral streams (U.S.
Department of Agriculture, Soil Conservation Service). The proposed
boundary line closely follows the highest elevations of the alluvial
fans and terraces of the basin.
The soils in the Antelope Valley formed in alluvium weathered from
granite and other rocks in the surrounding mountains, according to the
petition. The soils are: very deep loamy fine sand to loam and silty
clay; well drained and well aerated in the root zone; and mineral rich
with low to moderate fertility. The available water capacity ranges
from 5 to 12 inches.
The predominant soils in the proposed viticultural area are the
Hesperia-Rosamond-Cajon, Adelanto,
[[Page 30006]]
Arizo, and Hanford-Ramona-Greenfield associations. These soils formed
in alluvium derived from granitic rock on alluvial fans and terraces.
Generally, they vary in drainage, slope, elevation, and natural
vegetation.
The Hesperia-Rosamond-Cajon association consists of moderately well
drained to excessively drained soils on 0 to 15 percent slopes.
Elevations range from 2,400 to 2,900 feet. Natural vegetation includes
annual grasses, forbs [wild flowers], Joshua tree, Mormon tea, rabbit
brush, and large sagebrush.
The Adelanto association consists of well drained soils on 0 to 5
percent slopes. Elevations range from 2,450 to 2,800 feet. Natural
vegetation consists of annual grasses and forbs and in some areas
desert stipa, sagebrush, creosote bush, Joshua tree, and juniper.
The Arizo association consists of excessively well drained soils on
0 to 5 percent slopes. Elevations range from 2,950 to 3,100 feet.
Natural vegetation includes annual grasses, forbs, creosote bush,
Mormon tea, and rabbit brush.
The Hanford-Ramona-Greenfield association consists of well drained
soils on 0 to 30 percent slopes. Elevations range from 2,600 to 3,900
feet. Natural vegetation includes annual grasses and forbs and, in
scattered areas, juniper.
Unlike the soils in the Antelope Valley, the soils on the
surrounding uplands are generally shallow, excessively well drained,
coarse sandy loam, and available water capacity is 1.5 to 7 inches.
Included with the soils in the Antelope Valley are saline soils in
small, scattered areas within the proposed viticultural area. Outside
the proposed viticultural area, near Rosamond and Rogers Lakes, saline
soils appear as larger areas. TTB notes that saline soils are not
suitable for agriculture, including viticulture.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 108 regarding the proposed Antelope Valley
of the California High Desert viticultural area in the Federal Register
(75 FR 53877) on September 2, 2010. In that notice, TTB invited
comments from all interested persons by November 1, 2010. TTB solicited
comments on the sufficiency and accuracy of the name, boundary,
climate, soils, and other required information submitted in support of
the petition. TTB expressed particular interest in receiving comments
regarding whether there would be a conflict between the term ``Antelope
Valley of the California High Desert'' and any currently used brand
names.
In response to that notice, TTB received 16 comments, 15 of which
expressed support for establishing the proposed viticultural area. Most
of the comments expressed the belief that Antelope Valley of the
California High Desert is a unique grape-growing area, and several
comments specifically noted that the proposed viticultural area's
climate, geology, geography, and soils are distinctive as compared to
the neighboring areas. Other comments generally agreed with the
petition's description of the area's distinguishing features.
One comment opposed the establishment of the proposed viticultural
area, contending that the area is not locally or nationally recognized
for its grape-growing and wine production, and that the petition lacks
ample historical or current evidence to support the proposed
boundaries. In a subsequent comment responding to the opposing
commenter, the petitioners highlighted the portions of the petition and
its exhibits that provided the historical and current evidence of the
area's name recognition and its proposed boundaries. The petitioners'
evidence included the city library's local history webpage, various
maps of the area, the Geographical Names Information System of the U.S.
Geological Survey, and detailed descriptions of the differences in the
geology, soils, climate, elevation, and rainfall on each side of the
proposed boundary line. This evidence was not refuted by the opposing
commenter.
TTB also notes that the opposing comment relied upon some
assertions not relevant to TTB's determination regarding the
establishment of a viticultural area, such as statements about whether
it is apparent that one is entering or leaving a viticultural area when
traveling through the region.
TTB Finding
After careful review of the petition and the comments received, TTB
finds that the evidence submitted supports the establishment of the
proposed viticultural area. Accordingly, under the authority of the
Federal Alcohol Administration Act and part 4 of TTB's regulations, TTB
establishes the ``Antelope Valley of the California High Desert''
viticultural area in Los Angeles and Kern Counties, California,
effective 30 days from the publication date of this document.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this notice. In this final
rule, TTB altered some of the language in the written boundary
description provided in the petition and published as part of Notice
No. 108. TTB made these alterations in the written boundary description
language for clarity and to conform the written boundary description to
the boundary of the proposed viticultural area as marked on the USGS
maps submitted with the petition.
Maps
The maps for determining the boundary of the viticultural area are
listed below in the regulatory text.
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. With the establishment of this viticultural area, its
name, ``Antelope Valley of the California High Desert,'' is recognized
as a name of viticultural significance under 27 CFR 4.39(i)(3). The
text of the new regulation clarifies this point.
Once this final rule becomes effective, wine bottlers using
``Antelope Valley of the California High Desert'' in a brand name,
including a trademark, or in another label reference as to the origin
of the wine, will have to ensure that the product is eligible to use
``Antelope Valley of the California High Desert'' as an appellation of
origin.
For a wine to be labeled with a viticultural area name or with a
brand name that includes a viticultural area name or other term
identified as being viticulturally significant in part 9 of the TTB
regulations, at least 85 percent of the wine must be derived from
grapes grown within the area represented by that name or other term,
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 the
viticultural area name or other viticulturally significant term and
that name or term 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 viticultural area name or
other term of viticultural significance appears in another reference on
the label in a misleading manner, the bottler would have to obtain
approval of a new label. Accordingly, if a previously approved label
uses the name ``Antelope Valley of the California High Desert'' for a
wine that does not meet the 85 percent standard, the previously
approved label will be subject to revocation upon the effective date of
the approval of the
[[Page 30007]]
Antelope Valley of the California High Desert viticultural area.
Different rules apply if a wine has a brand name containing a
viticultural area name or other viticulturally significant term that
was used as a brand name on a label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is 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 rule is not a significant regulatory action as defined by
Executive Order 12866. Therefore, it requires no regulatory assessment.
Drafting Information
Elisabeth C. Kann of the Regulations and Rulings Division drafted
this notice.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.219 to read as follows:
Sec. 9.219 Antelope Valley of the California High Desert.
(a) Name. The name of the viticultural area described in this
section is ``Antelope Valley of the California High Desert''. For
purposes of part 4 of this chapter, ``Antelope Valley of the California
High Desert'' is a term of viticultural significance.
(b) Approved maps. The 20 United States Geological Survey 1:24,000
scale topographic maps used to determine the boundary of the Antelope
Valley of the California High Desert viticultural area are titled:
(1) Rosamond Quadrangle, California, 1973;
(2) Rosamond Lake Quadrangle, California, 1973;
(3) Redman Quadrangle, California, 1992;
(4) Rogers Lake South Quadrangle, California, 1992;
(5) Alpine Butte Quadrangle, California-Los Angeles Co., 1992;
(6) Hi Vista Quadrangle, California-Los Angeles Co., 1957, revised
1992;
(7) Lovejoy Buttes Quadrangle, California-Los Angeles Co., 1957,
revised 1992;
(8) El Mirage Quadrangle, California, 1956, revised 1992;
(9) Littlerock Quadrangle, California-Los Angeles Co., 1957,
revised 1992;
(10) Palmdale Quadrangle, California-Los Angeles Co., 1958,
photorevised 1974;
(11) Ritter Ridge Quadrangle, California-Los Angeles Co., 1958,
photorevised 1974;
(12) Lancaster West Quadrangle, California-Los Angeles Co., 1958,
photorevised 1974;
(13) Del Sur Quadrangle, California-Los Angeles Co., 1995;
(14) Lake Hughes Quadrangle, California-Los Angeles Co., 1995;
(15) Fairmont Butte Quadrangle, California, 1995;
(16) Neenach School Quadrangle, California, 1995;
(17) Tylerhorse Canyon Quadrangle, California-Kern Co., 1995;
(18) Willow Springs Quadrangle, California-Kern Co., 1965,
photorevised 1974;
(19) Little Buttes Quadrangle, California, 1965, photorevised 1974;
and
(20) Soledad Mtn. Quadrangle, California-Kern Co., 1973.
(c) Boundary. The Antelope Valley of the California High Desert
viticultural area is located in Los Angeles and Kern Counties,
California. The boundary of the Antelope Valley of the California High
Desert viticultural area is as described below:
(1) The beginning point is on the Rosamond map at the intersection
of the Kern and Los Angeles Counties boundary line and the Edwards Air
Force Base (AFB), boundary line, T8N, R12W. From the beginning point,
proceed south along the Edwards AFB boundary line to West Avenue E,
where the Edwards AFB boundary line turns east, section 22, T8N/R12W;
then
(2) Proceed generally east along the Edwards AFB boundary line,
crossing over the Rosamond Lake and Redman maps, onto the Rogers Lake
South map to the point where the Edwards AFB boundary line crosses the
2,500-foot elevation line along the northern boundary of section 30,
T8N/R9W; then
(3) Proceed generally south along the meandering 2,500-foot
elevation line, crossing over the Redman and Alpine Butte maps, onto
the Hi Vista map to the elevation line's intersection with Avenue J,
section 17, T7N/R9W; then
(4) Proceed straight east approximately 0.2 mile along Avenue J to
the northeast corner of section 20, T7N/R9W, (intersection of Avenue J
and 160th Street East); then
(5) Proceed straight south along the eastern boundary lines of
sections 20 and 29, T7N/R9W, to the northwestern corner of section 33,
T7N, R9W; then
(6) Proceed in a clockwise direction along the northern and eastern
boundary lines of section 33, T7N/R9W, to the northwestern corner of
section 3, T6N/R9W (intersection of Avenue M and 170th Street East);
then
(7) Proceed in a clockwise direction along the northern and eastern
boundary lines of section 3, T6N/R9W, to the northwestern corner of
section 11, T6N/R9W; then
(8) Proceed in a clockwise direction along the northern and eastern
boundary lines of section 11, T6N/R9W, crossing onto the Lovejoy Buttes
map, to the northwestern corner of section 13, T6N/R9W; then
(9) Proceed in a clockwise direction along the northern and eastern
boundary lines of section 13 and then the eastern boundary line of
section 24, T6N/R9W, to the northwestern corner of section 30, T6N/R8W
(intersection of Avenue Q and 200th Street East); then
(10) Proceed in a clockwise direction along the northern and
eastern boundary lines of section 30, T6N/R8W, to the northwestern
corner of section 32, T6N/R8W; then
(11) Proceed east along the northern boundary of section 32 T6N/
R8W, crossing onto the El Mirage map, and continue along the northern
boundary of section 33, T6N/R8W, to elevation point 2916 (along Avenue
R); then
(12) Proceed due south in a straight line to the point where the
3,100-foot elevation line crosses the eastern boundary line of section
8, T5N/R8W; then
(13) Proceed generally west-southwest along the meandering 3,100-
foot elevation line, crossing over the Lovejoy Buttes map, onto the
Littlerock map and continue to the elevation line's intersection with
the California Aqueduct, approximately 0.2 mile south of Pearlblossom
Highway, section 22, T5N/R10W; then
(14) Proceed generally north and then northwest along the
California Aqueduct, crossing over the Palmdale, Ritter Ridge,
Lancaster West, Del Sur, Lake Hughes, and Fairmont Butte maps,
[[Page 30008]]
onto the Neenach School map to the California Aqueduct's intersection
with the Pacific Crest National Scenic Trail (adjacent to the Los
Angeles Aqueduct) in section 16, T8N/R16W; then
(15) Proceed north and then generally east and north along the
Pacific Crest National Scenic Trail, crossing over the Fairmont Butte
map, and continue onto the Tylerhorse Canyon map to the point where the
Trail and the adjacent Los Angeles Aqueduct separate near elevation
point 3120 and West Antelope Station in section 3, T9N/R15W; then
(16) Proceed generally northeast along the Los Angeles Aqueduct
crossing onto the Willow Springs map, to the Aqueduct's intersection
with Tehachapi Willow Springs Road, section 7, T10N/R13W; then
(17) Proceed generally south on Tehachapi Willow Springs Road,
crossing onto the Little Buttes map, to the road's intersection with
the 2,500-foot elevation line along the western boundary of section 17,
T9N/R13W; then
(18) Proceed generally east along the meandering 2,500-foot
elevation line, crossing over the Willow Springs map and continuing
onto the Soledad Mtn. map, where that elevation line crosses over and
back three times from the Rosamond map, to the elevation line's
intersection with the Edwards AFB boundary line, section 10, T9N/R12W;
and then
(19) Proceed straight south along the Edwards AFB boundary line,
crossing over to the Rosamond map, and return to the beginning point.
Signed: January 5, 2011.
John J. Manfreda,
Administrator.
Approved: January 5, 2011.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2011-12823 Filed 5-23-11; 8:45 am]
BILLING CODE XXXX-XX-P