[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Proposed Rules]
[Pages 75830-75836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31141]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2011-0011; Notice No. 125]
RIN 1513-AB83
Proposed Establishment of the Inwood Valley Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the 28,298-acre ``Inwood Valley'' viticultural area in Shasta
County, California. TTB designates viticultural areas to allow vintners
to better describe the origin of their wines and to allow consumers to
better identify wines they may purchase. TTB invites comments on this
proposed addition to its regulations.
DATES: TTB must receive your comments on or before February 3, 2012.
ADDRESSES: Please send your comments on this notice to one of the
following addresses:
http://www.regulations.gov (via the online comment form
for this notice as posted within Docket No. TTB-2011-0011 at
``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington,
DC 20044-4412; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW., Suite 200-E, Washington, DC
20005.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
You may view copies of this notice, selected supporting materials,
and any comments TTB receives about this proposal at http://www.regulations.gov within Docket No. TTB-2011-0011. A link to that
docket is posted on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 125. You also may view copies of this
notice, all related petitions, maps or other supporting materials, and
any comments TTB receives about this proposal by appointment at the TTB
Information Resource Center, 1310 G Street NW., Washington, DC 20005.
Please call 202-453-2270 to make an appointment.
FOR FURTHER INFORMATION CONTACT: Elisabeth C. Kann, 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.
002.
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
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) sets
forth standards for the preparation and submission of petitions for the
establishment or modification of American viticultural areas and lists
the approved American viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features as described in part 9 of
the regulations and a name and a delineated boundary as established in
part 9 of the regulations. These designations allow vintners and
consumers to attribute a given quality, reputation, or other
characteristic of a wine made from grapes grown in an area to 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
[[Page 75831]]
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 9.12 of the TTB regulations (27 CFR
9.12) prescribes standards for petitions for the establishment or
modification of American viticultural areas. Such petitions must
include the following:
Evidence that the area within the proposed viticultural
area boundary is nationally or locally known by the viticultural area
name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed viticultural area;
A narrative description of the features of the proposed
viticultural area that affect viticulture, such as climate, geology,
soils, physical features, and elevation, that make it distinctive and
distinguish it from adjacent areas outside the viticultural area
boundary;
A copy of the appropriate United States Geological Survey
(USGS) map(s) showing the location of the proposed viticultural area,
with the boundary of the proposed viticultural area clearly drawn
thereon; and
A detailed narrative description of the proposed
viticultural area boundary based on USGS map markings.
Inwood Valley Petition
TTB received a petition from consulting geographer Patrick Shabram,
on behalf of himself and Anselmo Vineyards of Inwood Valley,
California, proposing the establishment of the ``Inwood Valley''
American viticultural area. As described in the petition, the proposed
viticultural area contains 28,298 acres, 60 of which are dedicated to 4
commercially-producing vineyards, with 14 additional acres planned for
viticultural development. The distinguishing features of the proposed
viticultural area include geology, topography, climate, native
vegetation, and soil. According to the petition, the proposed Inwood
Valley viticultural area, located in rural, southern Shasta County in
north-central California, would not overlap, or otherwise involve, any
existing or proposed viticultural areas.
Unless otherwise noted, all information, evidence, and data
described or contained in the following sections is from the petition
and its supporting exhibits.
Name Evidence
``Inwood'' is the name of a small, rural community located within
the proposed Inwood Valley viticultural area, as shown on the USGS
Inwood quadrangle map. The Inwood community is located along California
State Highway 44 (``Northern California'' map, American Automobile
Association, 2007), and Inwood Road is the primary road running through
the Inwood Valley area.
According to TTB's research using the U.S. Board on Geographic
Names, Geographic Names Information System (GNIS), the name ``Inwood''
is used in three contexts within the boundary of the proposed Inwood
Valley viticultural area: a community, a school, and a cemetery.
According to the GNIS, ``Inwood'' and ``Inwood Hill'' are geographical
name uses found in nine U.S. states, but the GNIS contains no
references to the use of the name ``Inwood Valley'' in the United
States. Residents use ``Inwood Valley'' as a geographical descriptor
for the area, and the ``Inwood Valley'' name is part of the business
name for at least one local business, the Inwood Valley Counseling
Services.
In addition, local grape growers and winemakers use the terms
``Inwood Valley'' and ``Inwood'' to describe their vineyard locations.
For example, Anselmo Vineyards is ``nestled in the rolling hills of
Inwood Valley,'' according to the Web site of Seven Hills Land and
Cattle Ranch (previously named Inwood Ranch and Vineyards (http://www.bar7h.com/)), and another winery, the Lassen Peak Winery, states on
its Web site that it is located in the ``Inwood area of Shingletown''
(http://www.lassenpeakwinery.com/2801.html). TTB notes that the town of
Shingletown is adjacent to the southern portion of the proposed
boundary line.
Boundary Evidence
Viticulture in the Inwood Valley region predates Prohibition. In
1864, Elijah Boots planted the first vines in the area (``Matson
Vineyards beyond Elderberries,'' Earl Bloor, Edible Shasta-Butte, 2008,
page 23), and wild mission grapes, which are evidence of the 1864
plantings, are still found in one of the Inwood Valley vineyards. After
a long hiatus, viticulture was re-established in the Inwood Valley
region in the latter half of the twentieth century; 10 acres of merlot
grapes were planted at the Inwood Ranch and Vineyards in the late
1970s, and the Lassen Peak Winery planted vines in 1982.
The east-west trending valley known as ``Inwood Valley'' has a
unique climate that contrasts with the surrounding areas. The valley is
located in a transition zone between the eastern high elevations around
Lassen Peak and the western low elevations of the Redding Basin and the
Sacramento Valley floor. Higher elevation ridges to the north and south
of Inwood Valley also surround the proposed viticultural area. The
mixed conifer forest vegetation to the east of the proposed boundary
line gradually transitions westerly through the proposed Inwood Valley
viticultural area to the grasslands and blue oak woodlands located to
the west outside of the proposed boundary line. The diverse soil types
in the proposed viticultural area also reflect the transitional nature
of the region, although they all contain mostly volcanic parent
materials, which is in marked contrast to the primarily sedimentary
parent material in soils located to the west of the proposed
viticultural area.
The proposed boundary line is generally based on elevation and soil
types, and it uses identifiable features on USGS maps rather than
contour lines, which are difficult to follow on the relevant maps.
Using the distinguishing features described below as a basis, the
proposed viticultural area includes those areas in the Inwood Valley
region that are located above 1,000 feet and below 3,000 feet.
Distinguishing Features
The distinguishing features of the proposed Inwood Valley
viticultural area include geology, topography, climate, native
vegetation, and soil. The transitional nature of the region is
evidenced by the contrast between the distinguishing features of the
proposed Inwood Valley viticultural area and the same types of features
in the areas to the east and west of the proposed viticultural area,
with additional topographical differences along and outside of the
surrounding ridges to the north and south.
Geology
The geology of the proposed Inwood Valley viticultural area is
dominated by volcanic lava flow and pyroclastic deposits associated
with past eruptions that formed the Tuscan Formation, which is a subset
of the Cascade Range Province. The lava flows occurred beginning around
4 million years ago and continued through geologically recent times.
The Tuscan Formation overlies the Chico Formation, which is composed of
Cretaceous sedimentary rock that was created when the area was under
water. The Chico Formation is exposed along some tributary depressions
and in Bear Creek Canyon, which is located within the proposed
viticultural area. The Tuscan Formation is overlain in places by porous
Quaternary basalt and andesite lava flows, although it is also exposed
in
[[Page 75832]]
many locations within the proposed viticultural area.
The Tuscan Formation is made of highly permeable rock, which holds
large amounts of water and serves as a natural aquifer for the greater
Sacramento Valley region. Some areas of the Tuscan Formation are
exposed at its higher eastern elevations, which serve as recharging
points for the aquifer's underground water flows. As a result, the
exposure of the Tuscan Formation in some locations in the proposed
Inwood Valley viticultural area creates an unusually large number of
springs in the Inwood Valley region, which provide an important
agricultural resource for area vineyards.
To the west of the proposed Inwood Valley viticultural area, basalt
flows overlie Tuscan Formation materials that flowed into the lower
Redding Basin. The underlying geology is dominated by the Red Bluff
Formation, characterized by older, thin sedimentary deposits
(Pleistocene) (``Bear Creek Watershed Assessment,'' ENPLAN, Jan. 2006).
In his geographic analysis submitted in support of the petition, Mr.
Shabram explains that this geological distinction demonstrates a
significant difference between the Inwood Valley region and the Redding
Basin to the west, into which Bear Creek flows before joining the
Sacramento River.
The higher elevation Cascade Range lies to the east of the proposed
Inwood Valley viticultural area.
Topography
The proposed Inwood Valley viticultural area is a unique valley
landform that lies in a vertical transition zone. Most of the Inwood
Valley region is located at elevations around 2,000 feet, according to
the USGS maps. The proposed Inwood Valley viticultural area is part of
the large Bear Creek watershed, which has east-to-west elevations
between 6,740 and 370 feet, ranging from the Cascade Range down to the
Sacramento River.
As shown on the USGS maps, elevations in the Inwood Valley region
descend east-to-west as the valley runs from the Cascade Range to the
Redding Basin. There are steep terrain and higher elevations to the
east of the proposed Inwood Valley viticultural area toward the 10,335-
foot Lassen Peak in the Cascade Range. The low, flat Redding Basin, at
only 564 feet in elevation, is to the west of the proposed Inwood
Valley viticultural area.
The 1,000- to 3,000-foot elevations of the proposed Inwood Valley
viticultural area distinguish it viticulturally from the surrounding
areas. Above 3,000 feet in elevation, the terrain ascends steeply to
the Cascade Range in the east, according to USGS maps. Along the high
eastern portion of the boundary line of the proposed Inwood Valley
viticultural area is a 3,471-foot unnamed peak in the Cascade Range,
according to the USGS maps. The steep terrain, high elevation, and
concomitant low temperatures in this region render it unsuitable for
viticulture. Farther to the west, the lower and flatter elevations
outside of the proposed Inwood Valley viticultural area around Redding
contrast to the approximately 900-1,000 feet elevations that define
much of the western portion of the proposed viticultural area boundary
line.
To the north and south of the Inwood Valley region, ridges at
higher elevations form natural boundaries between the Bear Creek
watershed and other watersheds. The steep terrain along these ridges is
generally unsuitable for viticulture.
Climate
Temperatures
The growing season data in the petition for the proposed Inwood
Valley viticultural area is measured according to the Winkler climate
classification system (``General Viticulture,'' Albert J. Winkler,
University of California Press, 1974, pp. 61-64).\1\ In the proposed
Inwood Valley viticultural area, growing season temperatures range from
2,700 to 3,400 GDD units, according to 1978-99 data from vineyard owner
Michael Boehlert at Lassen Peak Winery. The temperatures of the
proposed Inwood Valley viticultural area are a combination of regions
ll and lll, which are cooler than the region V temperatures to the
west, and they are warmer than the much cooler mountainous regions to
the east and the cooler ridges to the immediate north and south. Beyond
the adjacent ridges, the surrounding valleys to the north and south of
the proposed Inwood Valley viticultural area have region IV growing
season temperatures, which are warmer than the proposed viticultural
area.
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\1\ In the Winkler system, heat accumulation per year defines
climatic regions. As a measurement of heat accumulation during the
growing season, 1 growing degree day (GDD) accumulates for each
degree Fahrenheit that a day's mean temperature is above 50 degrees,
which is the minimum temperature required for grapevine growth.
Climatic region I has less than 2,500 GDD units 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 (ibid.).
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Mr. Shabram explains that growing season temperatures in the
proposed Inwood Valley viticultural area are greatly influenced by the
valley's east-west funnel shape and consistent winds, as well as by its
proximity to higher, cooler elevations on three sides. In addition, a
reduction in solar radiation in the early and late months of the
growing season results from the narrow valley floor and high flanking
ridgelines that obscure the sun. Beyond the north and south ridgelines
are small valleys with varying climatic influences and different
watersheds.
A cooling pattern of nighttime mountain breezes also significantly
affects the growing season temperatures of the proposed Inwood Valley
viticultural area. In the evening, cold, heavy air drains downward into
the valley, primarily from the Cascade Range to the east and, to a
lesser extent, from the north and south ridgelines. The funnel of air
that moves down slope through the valley intensifies the cooling effect
of the surrounding air drainage. The nighttime cooling effect is most
predominant in the summer months as it buffers the effect of the warm
western wind pattern from the Redding Basin. The nighttime down slope
wind speeds, moving east-to-west through Inwood Valley, vary from 5 to
7 miles per hour, according to Mr. Boehlert.
To the east of the proposed Inwood Valley viticultural area,
temperatures decrease as the elevation increases. The 5,677-foot
elevation Manzanita Lake, located in the Cascade Range, is
approximately 20 miles east of Inwood Valley (``Northern California
Map''). Mr. Shabram states that the region to the east of the proposed
viticultural area is not conducive to viticulture based on mean
temperatures that are above 50 degrees Fahrenheit only 4 months per
year.
To the south of the proposed Inwood Valley viticultural area, near
Volta Powerhouse, temperatures yield 3,965 GDD units, a high region IV
growing season, according to data from Lassen Peak Winery.
The Redding Basin lies to the west of the proposed Inwood Valley
viticultural area, which is an area known for hot days and warm nights
during the growing season. The lower elevations of the Redding Basin
result in higher temperatures as compared to the Inwood Valley region.
The Redding Basin averages a hot region V growing season at 4,564 GDD
units, according to data from the Western Regional Climate Center
(WRCC).
The 3,000-foot elevation Bear Creek Ridge lies to the north of the
proposed Inwood Valley viticultural area. The petition provides two
2008 region IV heat summation totals for the area near Whitmore, also
to the north of the proposed viticultural area: 3,642 and
[[Page 75833]]
3,941 GDD units. These temperatures indicate warmer growing season
temperatures than the Inwood Valley region.
Precipitation
The table below shows the annual and growing season precipitation
averages for the proposed Inwood Valley viticultural area and
surrounding areas; the information in the table is based on years of
data collection from the WRCC and Inwood Valley residents.
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Average
Average growing season
Location and direction from Inwood Valley annual total total in Data years Data source
in inches inches (April
to October)
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Inwood Valley.................................. 53.8 14.1 1973-2005 Stan Weidert.
Inwood Valley.................................. 59.5 14.4 1995-2004 Soaring Hawk Ranch.
Inwood Valley (average)........................ 56.6 14.2 .............. Average of above sources.
Shingletown (south)............................ 45.8 12.2 1958-1984 WRCC.
Manzanita Lake (east).......................... 40.9 13.0 1949-2009 WRCC.
Redding (west)................................. 34.2 7.9 1986-2009 WRCC.
Burney (north)................................. 28.0 7.2 1948-2009 WRCC.
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The table indicates that the average precipitation in the proposed
Inwood Valley viticultural area is 56.6 inches annually, with an
average of 14.2 inches of precipitation during the growing season. As
shown in the table, the proposed Inwood Valley viticultural area is
wetter, both annually and during the growing season, than all of the
surrounding areas listed in the table. For example, the Inwood Valley
region on average receives 10.8 inches more precipitation annually than
Shingletown and 28.6 inches more precipitation annually than Burney,
which are located to the south and north of the proposed Inwood Valley
viticultural area, respectively. In addition, according to the table,
the growing season precipitation average in the proposed Inwood Valley
viticultural area--a viticulturally important factor--is approximately
2 inches more than Shingletown and 7 inches more than Burney.
Native Vegetation
The vegetation within the proposed Inwood Valley viticultural area
further reflects the distinctiveness of the region as a transition zone
between the cooler climate at higher elevations to the east and the
warmer climate at lower elevations to the west. Vegetation differences
are significant in foothill environments as variations in native
vegetation closely reflect shifts in elevation and climate.
Sierra mixed conifer dominates the eastern section of the Bear
Creek watershed, and grasslands and blue oak foothill pine woodland
dominate the western section (``WHR Vegetation Classification'' map,
Bear Creek Watershed Assessment). The middle part of the Bear Creek
watershed defines the viticulturally unique transition area of the
Inwood Valley region. Blue oak and ponderosa pine woodland and mountain
hardwoods dominate the valley region, with some mixed chaparral and
pockets of annual grasses. According to Mr. Shabram, the variety of
vegetation in this region contributes to the viticultural
distinctiveness of the proposed Inwood Valley viticultural area because
it results in a more varied organic composition of the soils in the
area as contrasted to the surrounding regions, which contain more
homogenous vegetation.
The cool climate to the east of the proposed Inwood Valley
viticultural area results in different natural vegetation. To the east
of the proposed viticultural area, the blue oak and valley oak
vegetation of the Inwood Valley area transitions to mixed conifer and
lodgepole pine forests, eventually transitioning to tundra at the
higher elevations of the Cascade Range. At the opposite end of the
valley, in the lower elevation Redding Basin to the west of the
proposed Inwood Valley viticultural area, are annual grasses and
foothill woodland vegetation, including some foothill pine and blue
oak.
To the south of the proposed Inwood Valley viticultural area, as
the terrain changes from the lower Inwood Valley elevations to the
higher Shingletown elevations, the vegetation transitions from mixed
woodland and ponderosa forest to the complete dominance of ponderosa
pine forests. Variations in vegetation are less apparent to the north
of the proposed Inwood Valley viticultural area due to the well-
exposed, southern facing slopes on Bear Creek Ridge, which increase the
amount of warming solar radiation and moderate the cooling temperatures
normally expected at higher elevations. According to Mr. Shabram, this
exposure has a drying effect that would favor grasses, montane
chaparral, and woodland over mixed pine forests.
Soils
There are 27 different soil series within the proposed Inwood
Valley viticultural area. The diversity in soil series results from
volcanic activity that created various volcanic parent materials, the
exposure of Cretaceous sedimentary parent materials, and the
transitional and varied nature of the vegetation in the region. Despite
this diversity, however, the top 5 soil series in the area cover
approximately 71.4 percent of the proposed viticultural area, and all
of the soils within the proposed boundary line are generally moderately
well-drained and share a similar color and texture.
According to Mr. Shabram, the soil types of the proposed Inwood
Valley viticultural area are distinguishable from the soils of the
surrounding regions. For example, the mostly volcanic parent materials
of the Inwood Valley region soils are in marked contrast to the
primarily sedimentary parent material in soils found in Redding, to the
west of the proposed viticultural area. In addition, according to Mr.
Shabram, none of the deep alluvial deposits found to the west and
southwest of the proposed Inwood Valley viticultural area in the
Redding Basin and Sacramento Valley floor are found within Inwood
Valley. Mr. Shabram further notes that the varied organic composition
of the soils in the proposed viticultural area reflects the unique
climate and the distinctively transitional vegetation of the Inwood
Valley region, particularly as compared to the surrounding regions.
The dominant soil type in the proposed Inwood Valley viticultural
area is the Aiken series, which accounts for nearly 25 percent of the
soil in the area, as well as the majority of the area currently planted
to vineyards. Aiken soils are derived from basic volcanic rock, with
conifers and mixed
[[Page 75834]]
hardwoods (particularly Ponderosa pine) contributing to the organic
component of the soil. Generally located on gently rolling, broad,
tabular slopes, Aiken soils cover most of the Inwood Valley floor as
well as portions of the Shingletown Ridge in the southeastern portion
of the proposed viticultural area. In the western portion of the
proposed viticultural area, Guenoc series soil is increasingly present,
along with small pockets of Toomes loam, Aiken loam, and Anita clay.
In contrast, soils to the west of the proposed viticultural area
are dominated by Guenoc and Toomes series soils; there are no Aiken
soils located in this region. Guenoc series soils are formed from
weathered igneous parent material, particularly basaltic rock, and
include organic influences of annual grasses and foothill woodland
vegetation. Toomes soils are shallow soils typically consisting of
well- to excessively well-drained gravelly loam, with volcanic parent
materials and annual grasses as organic influences.
The areas to the east and southeast of the proposed viticultural
area are dominated by Cohasset, Windy, and McCarthy loams, all of which
are generally found at high elevations (above 5,600 feet), are
influenced by conifers, and are indicative of the elevations and
volcanic parent material in the area.
The soils along the ridges and in the adjacent valleys to the north
and south of the proposed viticultural area are highly variable. The
adjacent valley to the north lacks the Aiken loams found in the floor
of Inwood Valley. Although some Aiken series soils are present in
pockets in areas to the southeast of the proposed viticultural area,
those soils are adjacent to Cohasset series soils, indicating that the
soils in those areas are subject to different climactic and vegetative
influences.
TTB Determination
TTB concludes that the petition to establish the 28,298-acre Inwood
Valley viticultural area merits consideration and public comment, as
invited in this notice.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required maps, and TTB lists them below
in the proposed 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. If TTB establishes this proposed viticultural area,
its name, ``Inwood Valley,'' will be recognized as a name of
viticultural significance under 27 CFR 4.39(i)(3). The text of the
proposed regulation clarifies this point. Consequently, wine bottlers
using ``Inwood Valley'' 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 the viticultural area name
as an appellation of origin. TTB does not believe that ``Inwood,''
standing alone, should have viticultural significance if the new area
is established because of the widespread use of ``Inwood'' as a
geographical name, as noted earlier in this preamble. Accordingly, the
proposed part 9 regulatory text set forth in this document specifies
only the full ``Inwood Valley'' name as a term of viticultural
significance for purposes of part 4 of the TTB regulations.
If this proposed regulatory text is adopted as a final rule, wine
bottlers using ``Inwood Valley'' 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 ``Inwood
Valley'' 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 viticulturally significant term 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 a
viticultural area name or other term of viticultural significance that
was used as a brand name on a label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether we should establish the proposed Inwood Valley viticultural
area. TTB is also interested in receiving comments on the sufficiency
and accuracy of the name, boundary, geology, topography, climate, and
other information submitted in support of the petition. Please provide
any available specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Inwood Valley viticultural area on wine labels that include
the term ``Inwood Valley'' as discussed above under Impact on Current
Wine Labels, TTB is also interested in comments as to whether there
will be a conflict between the proposed viticulturally significant term
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 viticultural area 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 viticultural area.
Although TTB believes that only the full ``Inwood Valley'' name
should be considered to have viticultural significance upon
establishment of the proposed new viticultural area, TTB also invites
comments from those who believe that ``Inwood'' standing alone should
have viticultural significance upon establishment of the viticultural
area. Comments in this regard should include documentation or other
information regarding whether the use of ``Inwood'' on a label of a
wine derived from grapes grown outside the proposed viticultural area
could cause consumers and vintners to attribute to the wine in question
the quality, reputation, or other characteristic of wine made from
grapes grown in the proposed viticultural area.
Submitting Comments
You may submit comments on this notice by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2011-
0011 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under
Notice No. 125 on the TTB Web site at
[[Page 75835]]
http://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
``User Guide'' under ``How to Use this Site.''
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW., Suite 200-E, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 125 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. TTB does not acknowledge receipt of comments, and it
considers all comments as originals.
If you are commenting on behalf of an association, 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 notice, selected
supporting materials, and any online or mailed comments we receive
about this proposal within Docket No. TTB-2011-0011 on the Federal e-
rulemaking portal, Regulations.gov, at http://www.regulations.gov. A
direct link to that docket is available on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 125. You may
also reach the relevant docket through the Regulations.gov search page
at http://www.regulations.gov. For instructions on how to use
Regulations.gov, visit the site and click on ``User Guide'' under ``How
to Use this Site.''
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 e-mail addresses. TTB may omit
voluminous attachments or material that it considers unsuitable for
posting.
You also may view copies of this notice, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments TTB receives about this proposal by appointment at the TTB
Information Resource Center, 1310 G Street NW., Washington, DC 20005.
You may also obtain copies at 20 cents per 8.5- x 11-inch page. Contact
TTB's information specialist at the above address or by telephone at
202-453-2270 to schedule an appointment or 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.
Drafting Information
Elisabeth C. Kann of the Regulations and Rulings Division drafted
this notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
2. Subpart C is amended by adding Sec. 9.-------- to read as
follows:
Sec. 9.-------- Inwood Valley.
(a) Name. The name of the viticultural area described in this
section is ``Inwood Valley''. For purposes of part 4 of this chapter,
``Inwood Valley'' is a term of viticultural significance.
(b) Approved maps. The five United States Geological Survey
1:24,000 scale topographic maps used to determine the boundary of the
Inwood Valley viticultural area are titled:
(1) Clough Gulch, California-Shasta County, Provisional edition
1985;
(2) Inwood, California-Shasta County, Provisional edition 1985;
(3) Hagaman Gulch, California-Shasta County, Provisional edition
1985;
(4) Shingletown, California-Shasta County, Provisional edition
1985; and
(5) Tuscan Buttes NE., California, 1965, Photoinspected 1976.
(c) Boundary. The Inwood Valley viticultural area is located in
Shasta County, California. The boundary of the Inwood Valley
viticultural area is as described below:
(1) The beginning point is on the Clough Gulch map at BM
(Benchmark) 1254.4 located along State Route 44 in T31N/R2W. From the
beginning point, proceed east-northeast in a straight line for
approximately 4.2 miles, onto the Inwood map, to the intersection of
that line with the 1,786-foot elevation point, section 17, T31N/R1W;
then
(2) Proceed east-northeast in a straight line for approximately 2
miles to the intersection of that line with the 2,086-foot elevation
point, section 15, T31N/R1W; then
(3) Proceed north-northeast in a straight line for approximately
0.7 mile to the intersection of that line with the marked 1,648-foot
elevation point (which should be marked as 2,648 feet based on its two
adjacent elevation lines) and a 4WD (four-wheel drive) trail on the
Bear Creek Ridge; section 10, T31N/R1W; then
(4) Proceed east-northeast in a straight line for approximately 0.8
mile to the intersection of that line with the 2,952-foot elevation
point (located between two transmission lines), section 11, T31N/R1W;
then
(5) Proceed east-northeast in a straight line for approximately 1.2
miles to the intersection of that line with the 3,042-foot summit of
Blue Mountain, section 1, T31N/R1W; then
(6) Proceed east in a straight line for approximately 0.7 mile,
crossing over the Mt. Diablo Meridian line, to the
[[Page 75836]]
intersection of that line with the 3,104-foot elevation point, section
6, T31N/R1E; then
(7) Proceed east-northeast in a straight line for approximately 2.3
miles to the intersection of that line with the 3,000-foot elevation
Alamine Peak, section 32, T32N/R1E; then
(8) Proceed southeast in a straight line for approximately 2.2
miles, onto the Hagaman Gulch map, to the intersection of that line
with Bear Pen Springs, section 10, T31N/R1E; then
(9) Proceed west-southwest in a straight line for approximately 0.9
mile to the intersection of that line with the 3,373-foot summit of
Chalk Mountain, section 9, T31N/R1E; then
(10) Proceed south-southwest in a straight line, returning to the
Inwood map, for approximately 1.1 miles to the intersection of that
line with the 2,756-foot elevation point, section 17, T31N/R1E; then
(11) Proceed south-southwest in a straight line for approximately
0.6 mile to the western-most intersection of that line with an improved
road marked ``Private'' and the section 17 southern boundary line,
T31N/R1E; then
(12) Proceed southwest along that ``Private'' road for
approximately 1.6 miles to the marked gate of the ``Private'' road at
the road's intersection with unnamed improved and unimproved roads,
section 29, T31N/R1E; then
(13) Proceed southwest in a straight line, onto the Shingletown
map, approximately 1.6 miles to the intersection of that line with
Highway 44 and an unnamed improved road (known locally as Ash Creek
Road), section 31, T31N/R1E; then
(14) Proceed southwest in a straight line for approximately 0.2
miles to the intersection of that line with the 3,334-foot elevation
point, section 31, T31N/R1E; then
(15) Proceed southwest in a straight line for approximately 1.6
miles to the intersection of that line with the 3,029-foot elevation
point on the Shingletown Ridge, section 1, T30N/R1W; then
(16) Proceed nearly due west in a straight line for approximately
1.6 miles to the intersection of that line with the 2,435-foot
elevation point, section 3, T30N/R1W; then
(17) Proceed nearly due west in a straight line for approximately
1.8 miles to the intersection of that line with the 1,989-foot
elevation point and an unnamed improved road (shown as ``Black Butte
Road'' on the Tuscan Buttes NE map), section 5 south boundary line,
T30N/R1W; then
(18) Proceed west-northwest in a straight line, onto the Tuscan
Buttes NE map, for approximately 4.9 miles to the intersection of that
line with the 956-foot elevation point near an unnamed spring in
section 33, T31N/R2W; then
(19) Proceed north in a straight line, onto the Clough Gulch map,
for approximately 1.7 miles to the intersection of that line with BM
1048.1 on Highway 44, section 28, T31N/R2W; then
(20) Proceed east along Highway 44 for approximately 1.1 miles,
returning to the beginning point.
Signed: November 14, 2011.
John J. Manfreda,
Administrator.
[FR Doc. 2011-31141 Filed 12-2-11; 8:45 am]
BILLING CODE 4810-31-P