[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Proposed Rules]
[Pages 14046-14053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04905]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2013-0002; Notice No. 133]
RIN 1513-AC00
Proposed Establishment of the Moon Mountain District Sonoma
County 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 approximately 17,663-acre ``Moon Mountain District Sonoma
County'' viticultural area in Sonoma County, California. The proposed
viticultural area lies completely within the established Sonoma Valley
viticultural area which, in turn, is within the multi-county North
Coast viticultural area. TTB designates viticultural areas to allow
vintners to better describe the origin of their wines and to allow
consumers to better identify wines they may purchase. TTB invites
comments on this proposed addition to its regulations.
DATES: We must receive your comments on or before May 3, 2013.
ADDRESSES: Please send your comments on this notice to one of the
following addresses (please note that TTB has a new address for
comments submitted by U.S. mail):
Internet: http://www.regulations.gov (via the online
comment form for this notice as posted within Docket No. TTB-2013-0002
at ``Regulations.gov,'' the Federal e-rulemaking portal);
[[Page 14047]]
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW., Box 12,
Washington, DC 20005; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street, NW., Suite 200E, 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 that TTB receives about this proposal at http://www.regulations.gov within Docket No. TTB-2013-0002. A link to that
docket is posted on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 133. You also may view copies of this
notice, all related petitions, maps, or other supporting materials, and
any comments that 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: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G St.
NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels, and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated various
authorities through Treasury Department Order 120-01 (Revised), dated
January 21, 2003, to the TTB Administrator to perform the functions and
duties in the administration and enforcement of this law.
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 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, and that make the proposed
viticultural area distinctive and distinguish it from adjacent areas
outside the proposed 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.
Moon Mountain District Sonoma County Petition
TTB received a petition from Patrick L. Shabram on behalf of
Christian Borcher, a representative of the vintners and grape growers
in the proposed viticultural area, proposing the establishment of the
``Moon Mountain District Sonoma County'' viticultural area in northern
California. The proposed viticultural area contains approximately
17,663 acres, of which 1,500 acres are dedicated to commercially-
producing vineyards. The petition states that there are 11 bonded
wineries and approximately 40 commercially-producing vineyards
dispersed throughout the proposed viticultural area. According to the
petition, the distinguishing features of the proposed viticultural area
include its topography, geology, climate, and soils. Unless otherwise
noted, all information and data referenced herein concerning the name,
boundary, and distinguishing features of the proposed viticultural area
are from the petition for the proposed Moon Mountain District Sonoma
County viticultural area and its supporting exhibits.
TTB notes that the proposed Moon Mountain District Sonoma County
viticultural area lies completely within the existing Sonoma Valley
viticultural area (27 CFR 9.29), which, in turn, is entirely within the
multi-county North Coast (27 CFR 9.30) viticultural area. The proposed
viticultural area does not overlap with any other existing or proposed
viticultural area.
Name Evidence
The proposed viticultural area is named for a particular mountain
peak in the Mayacmas Mountains, known as Moon Mountain. According to
the petition, the name ``Moon Mountain'' became officially associated
with the region of the proposed viticultural area in 1957, when the
Sonoma County Board of Supervisors renamed Goldstein Road as Moon
Mountain Drive in response to a petition submitted by residents who
lived and owned property along the road. The road's new name reflected
the mountainous region's association with the adjacent valley known as
the Valley of the Moon. Goldstein Road appears on the 1951 USGS map
(Sonoma Quadrangle) that was included with the petition for the
purposes of determining the boundary of the proposed viticultural area.
[[Page 14048]]
According to the USGS map, Goldstein Road does run through the proposed
viticultural area, running eastward from the Valley of the Moon into
the Mayacmas Mountains.
At the time Goldstein Road was renamed Moon Mountain Drive, there
was no peak in the region officially designated as ``Moon Mountain.''
In 2007, residents along Moon Mountain Drive petitioned the USGS Board
on Geographic Names to designate a particular unnamed peak near the
easternmost end of the road as ``Moon Mountain,'' noting that several
residents and businesses along the road incorporated the name ``Moon
Mountain'' in the names of their homesteads and businesses and that
``logic suggests there should be a Moon Mountain nearby.'' The Board
granted the petition and officially designated the peak ``Moon
Mountain.'' Although the 1951 USGS map (Sonoma Quadrangle) does not
show any peak labeled ``Moon Mountain,'' the current petition notes
that Moon Mountain is located near Mount Pisgah, near the easternmost
end of Moon Mountain Drive. Both Mount Pisgah and Goldstein Road/Moon
Mountain Drive appear on the USGS map and are within the proposed
viticultural area boundary. Additionally, a search of the United States
Geographic Names Information System (USGNIS) does currently list a peak
in Sonoma County named ``Moon Mountain.''
Several local businesses within the proposed viticultural area use
the name ``Moon Mountain,'' including Moon Mountain Retreat, Moon
Mountain Christmas Tree Farm, and Moon Mountain Studios. According to
the petitioner, a number of businesses opened in the area between 1978
and 2004, incorporating ``Moon Mountain'' in their names. The Moon
Mountain Christmas Tree Farm was established around 1978, the Moon
Mountain Studios opened in 1994, and the Moon Mountain Retreat opened
around 2004. The long-standing use of the name ``Moon Mountain'' by
these businesses demonstrates that residents associated the name ``Moon
Mountain'' with the area long before the peak was officially designated
in 2007.
Because the USGNIS identifies nine other States that have peaks or
locations known as ``Moon Mountain,'' the petitioner, after discussions
with TTB, proposed the name ``Moon Mountain District Sonoma County,''
in order to distinguish the proposed viticultural area geographically
and avoid possible consumer confusion with other locations known as
``Moon Mountain.''
Boundary Evidence
The proposed Moon Mountain District Sonoma County viticultural area
is a long, narrow region covering approximately 17,663 acres on the
western slopes of the Mayacmas Mountains. The proposed viticultural
area extends from Sugarloaf Ridge in the north to the city of Sonoma in
the south, and from the Valley of the Moon and Sonoma Valley in the
west to the shared Sonoma/Napa county line in the east.
A series of lines drawn between marked points on the USGS map
defines the northern portion of the proposed boundary and separates the
proposed viticultural area from the steeper, more rugged slopes of
Sugarloaf Ridge. The northern portion of the proposed boundary also
approximates the point where the neighboring Valley of the Moon makes a
distinct westward turn. According to the petition, this bend in the
valley is an important feature because regions to the north of the bend
are more influenced by breezes from the Pacific Ocean, whereas points
south of the bend, including the proposed viticultural area, are more
influenced by winds moving inland from San Pablo Bay.
The eastern portion of the proposed boundary follows the border
between Sonoma and Napa Counties, along the ridgeline of the Mayacmas
Mountains. The proposed boundary separates the west-facing slopes of
the proposed viticultural area from the east-facing slopes on the
opposite side of the ridge. Additionally, a portion of the proposed
eastern boundary is shared with the western boundary of the established
Mt. Veeder viticultural area (27 CFR 9.123), which is located on the
eastern slopes of the Mayacmas Mountains in Napa County.
A series of lines drawn between features on the USGS map forms the
southern portion of the proposed boundary. South of the proposed
boundary, outside the proposed viticultural area, the terrain is marked
by lower, rolling hills and flatlands that descend to the Napa Marsh
along the shoreline of San Pablo Bay.
The western portion of the proposed boundary follows the 400-foot
elevation contour line and the 600-foot elevation contour line to
separate the steeper slopes and higher elevations of the proposed
viticultural area from the lower, flatter terrain of the Valley of the
Moon and Sonoma Valley.
Distinguishing Features
The distinguishing features of the proposed Moon Mountain District
Sonoma County viticultural area are topography, geology, climate, and
soils.
Topography
The proposed Moon Mountain District Sonoma County viticultural area
is a mountainous region situated on the western slopes of the Mayacmas
Mountains south of Sugarloaf Ridge. The slope angles of the proposed
viticultural area are moderate, and elevations range from approximately
400 feet near the city of Sonoma, to the south and southwest, to 2,200
feet along the highest ridges near the shared Sonoma/Napa County line
that forms the eastern boundary of the proposed viticultural area. The
high elevations and moderate slope angles allow cool air to drain off
the proposed viticultural area at night and into the adjoining Valley
of the Moon and Sonoma Valley, reducing frost in the mountains during
the late spring and early fall.
The terrain of the proposed viticultural area predominately faces
to the west, allowing the vineyards to receive sunlight in the
afternoon, when solar radiation is more intense and less likely to be
blocked by fog. High levels of solar radiation cause grapes to
accumulate sugars faster, ripen earlier, and retain less acid at
harvest, so growers must account for solar radiation exposure when
determining the optimal harvest period from their crops. (See ``An
Introduction to Environmental Influences on Ripening in Grapes: Focus
on Wine and Phenolics,'' by Julie M. Tarara and Jungmin Lee, United
States Department of Agriculture, Agricultural Research Service, August
18, 2011.)
To the north of the proposed viticultural area, the mountain sides
beyond Sugarloaf Ridge become too steep for commercial viticulture,
with elevation changes of 1,100 feet in less than 900 feet of
horizontal distance. To the east, the terrain of the established Mt.
Veeder viticultural area is similar to that of the proposed
viticultural area, but the easterly slope orientation of the Mt. Veeder
viticultural area means the vineyards receive most of their sunlight
during the morning, when solar radiation is less intense. To the south,
the elevation gradually descends and the terrain is characterized by
low hills and flatlands and then the wetlands of the Napa Marsh along
the shores of San Pablo Bay. To the west are the lower, flatter floors
of the Valley of the Moon and Sonoma Valley.
Geology
The geology of the proposed Moon Mountain District Sonoma County
viticultural area is dominated by the Sonoma Volcanic Group, a series
of extrusive igneous rock formations. Formations in this group are
primarily
[[Page 14049]]
created from Pliocene andesitic and basaltic lava flows. Additional
formations consist of rhyolite lava flows and ash mixed with andesitic
and basaltic lava flows. As these rock formations weather over time,
they form rocky soils that provide good drainage for vineyards.
To the immediate north of the proposed viticultural area, the
geology is similar to that of the proposed viticultural area, but only
at the lowest elevations. As the elevations to the north increase, the
geology is dominated by the Franciscan Assemblage, which is composed of
sedimentary and metamorphic rocks of the Jurassic and Cretaceous
Periods, particularly serpentine rocks.
To the east of the proposed viticultural area, within the
established Mt. Veeder viticultural area, the geology is characterized
by the Great Valley Sequence. The Great Valley Sequence is comprised
mainly of sedimentary rock from the Lower Cretaceous and Upper Jurassic
Periods.
To the south of the proposed viticultural area, the geological
formations are of the Huichica Formation. Rocks of this formation are
sedimentary. Alluvial fan deposits and fluvial deposits from the
Quaternary Period are also present in this region.
To the west of the proposed viticultural area, the floors of the
Valley of the Moon and Sonoma Valley are dominated by alluvial and
fluvial sediments and sedimentary rock formations.
Climate
The climate of the proposed Moon Mountain District Sonoma County
viticultural area is moderated by coastal influences from two sources--
the Pacific Ocean and San Pablo Bay. Breezes from the Pacific Ocean
travel from the north across the Santa Rosa Plains and into the Valley
of the Moon, which is adjacent to the western boundary of the proposed
viticultural area. Coastal air from San Pablo Bay moves from the south
across the Napa Marsh and into Sonoma Valley, which is adjacent to the
southern and southwestern boundary of the proposed viticultural area.
Although cooling marine air and fog enters the proposed
viticultural area from two directions, the climate of the proposed
viticultural area is generally warmer than the surrounding area due to
its inland location and higher elevations. Because the proposed Moon
Mountain District Sonoma County viticultural area is located at the
southern end of the Valley of the Moon and the northern end of Sonoma
Valley, the marine breezes and fog from both the Pacific Ocean and San
Pablo Bay are warmer and less intense by the time they reach the
proposed viticultural area. Additionally, the higher elevation of the
proposed viticultural area places it above most of the cooling marine
fog, which is heaviest in the neighboring valleys.
The petition included a comparison of growing degree day \1\ (GDD)
accumulations from locations within the proposed viticultural area as
well as from the regions to the northwest, west, and south. Data was
not provided for areas to the immediate north and east of the proposed
viticultural area. The data was gathered from weather stations from
2006 through 2010. TTB prepared the following table using data included
in the petition.
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\1\ In the Winkler climate classification system, annual heat
accumulation during the growing season, measured in annual GDD,
defines climatic regions. One GDD accumulates for each degree
Fahrenheit that a day's mean temperature is above 50 degrees, the
minimum temperature required for grapevine growth (``General
Viticulture,'' by Albert J. Winkler, University of California Press,
1974, pages 61-64).
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Average growing Winkler
Weather station site degree days 2006- classification
2010 region
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Outside Proposed Viticultural Area:
Santa Rosa\2\ (Northwest)....... 1801 I
Bennett Valley viticultural area 2096 I
(West).........................
Los Carneros viticultural area 2269 I
(South)........................
Nicholson Ranch (South)......... 2811 II
PNA Vineyards (South)........... 2696 II
Within Proposed Viticultural Area:
Rancho Salina................... 2964 II
Moon Mountain Feather........... 3326 III
Moon Mountain Barn.............. 2908 III
Kamen Vineyards................. 3018 III
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\2\ Because data from 2006 was incomplete, the average GDD accumulation
for Santa Rosa covers only 2007 through 2010.
The data in the table indicates that locations within the proposed
Moon Mountain District Sonoma County have greater GDD accumulations
than locations to the northwest and south. Three of the four proposed
viticultural area vineyards in the table fall in the warm Region III
category, and the fourth is within the moderately cool Region II. By
contrast, three of the five locations outside the proposed viticultural
area are classified in the very cool Region I. The regions to the
northwest and south of the proposed viticultural area are closer to the
Pacific Ocean and San Pablo Bay and receive more of the cooling marine
breezes, and the locations to the west are at lower elevations and are
more affected by marine fog. High GDD accumulations make the proposed
viticultural area suitable for the growing warmer weather Zinfandel
grapes, which are not commonly grown in the cooler surrounding regions.
The petition also compared the lowest growing season temperatures
recorded at four vineyards within the proposed viticultural area to
those of two vineyard locations outside the proposed viticultural area
to the south and southwest in the adjacent Sonoma Valley. Data was not
available for the surrounding regions to the north and east. The data
was collected in April and October during 2009 and 2010. The two months
were chosen because temperatures generally fall to their lowest points
at the beginning and end of the growing season.
[[Page 14050]]
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2009 2010
Station Elevation ---------------------------------------------------------------
(feet) April October April October
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Within proposed viticultural
area:
Rancho Salina............... (\1\) 36.3 43.3 35.3 45.5
Moon Mountain Feather....... 1,500 34.6 40.6 34.8 46.1
Moon Mountain Barn.......... 1,050 33.4 37.7 33.9 43.3
Kamen Vineyards............. 1,000-1,300 34.6 39.3 35.4 44.7
Outside proposed viticultural
area:
Nicholson Ranch............. 185 29.3 37.2 33.3 (\1\)
PNA Vineyard................ 25 33.3 (\1\) 33.3 31.7
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\1\ Not available.
As shown in the table, the lowest temperatures recorded for the
four vineyards within the proposed Moon Mountain District Sonoma County
viticultural are generally warmer than those of the two vineyards
outside the proposed viticultural area. According to the petition, the
warmer temperatures can be attributed to the higher elevations of the
proposed viticultural area. At night, the heavier cool air drains off
the higher elevations and settles in the lower elevations of the
neighboring Valley of the Moon and Sonoma Valley, lowering the valleys'
temperatures. Warmer temperatures at the beginning of the growing
season promote bud break and reduce the risk of frost damage to tender
new growth, and warmer temperatures at the end of the growing season
allow more maturation time for the fruit.
Soils
The soils of the proposed Moon Mountain District Sonoma County
viticultural area are primarily derived from volcanic rock. Soils
derived from sedimentary rock, including alluvium from sedimentary
sources, make up less than one half of one percent of the soils of the
proposed viticultural area. The following table lists the various soil
series found within the proposed viticultural area.
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Acreage within proposed Percent of total
Soil series viticultural area viticultural area
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Goulding...................................................... 6,150 36.55
Goulding...................................................... 3,521 23.40
Goulding Toomes Complex....................................... 2,629 15.62
Rock Land..................................................... 3,937 23.4
Red Hill...................................................... 2,923 17.37
Spreckels..................................................... 1,478 8.78
Forward....................................................... 1,242 7.38
Laniger....................................................... 717 4.26
Cohasset...................................................... 110 0.65
Toomes........................................................ 83 0.50
Raynor........................................................ 59 0.35
Suther........................................................ 58 0.35
Huichica...................................................... 28 0.17
Kidd.......................................................... 18 0.11
Clear Lake.................................................... 16 0.09
Henneke....................................................... 6 0.03
Other (quarries).............................................. 3 0.02
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TOTAL..................................................... 16,827 100
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The most common soils within the proposed viticultural area are
Goulding series soils, including Goulding Toomes Complex soils. These
soils are described in the petition as dark brown soils of volcanic
origin. Red Hills soils, the second-most common soil series within the
proposed viticultural area, are similar in appearance to Goulding soils
and are also derived from volcanic sources. Rock Land soils are found
at high elevations and are described as ryholithic tuff rock covered
with light colored soils, including Forward, Kidd, and Laniger series
soils. Small amounts of Rock Land soils are also found at lower
elevations within the proposed viticultural area, primarily as a result
of weathering of material from the higher ridges. Spreckels and Forward
series soils have similar grayish-brown coloring and are both found on
hills and slopes with tuff sediment. All of these volcanic soils are
described as thin, well drained, loamy soils. According to the
petition, thin, well drained soils prevent the roots of the vines from
penetrating deeply and result in greater stress on the vine and less
vigorous growth. Less vigorous growth leads to smaller fruit yields,
but the flavors of the grapes are highly concentrated.
To both the north and east of the proposed Moon Mountain District
Sonoma County viticultural area, the soils are primarily sedimentary in
origin. These soils are derived from shale and sandstone, which are not
present within the proposed Moon Mountain District Sonoma County
viticultural area. To the south and west, in the Valley of the Moon and
Sonoma Valley, the soils are predominately alluvial, including Hire,
Huichica, and Tuscan series.
Comparison of the Proposed Moon Mountain District Sonoma County
Viticultural Area to the Existing Sonoma Valley and North Coast
Viticultural Areas
Sonoma Valley Viticultural Area
The Sonoma Valley viticultural area was established by T.D. ATF-96,
which was published in the Federal Register on December 4, 1981 (46 FR
59238). It
[[Page 14051]]
is located in southeastern Sonoma County, California, and contains both
valleys and upland terrain. The Sonoma Valley viticultural area is
bordered by the Santa Rosa Plain to the north, San Pablo Bay to the
south, the Sonoma Mountains to the west, and the Sonoma/Napa County
line, along the ridge of the Mayacmas Mountains, to the east. At the
center of the viticultural area are the Valley of the Moon and Sonoma
Valley which, according to the current petition, are often collectively
referred to as ``Sonoma Valley.'' T.D. ATF-96 states that the Sonoma
Valley viticultural area is shielded from the heat of California's
Central Valley, to the east, by the Mayacmas Mountains. The Sonoma
Mountains, to the west, prevent heavy marine fog from intruding into
most of the viticultural area while still allowing cool breezes and
lighter fogs to penetrate the area. The protected nature of the
viticultural area leads to moderate summer and winter temperatures that
distinguish it from the surrounding regions.
The proposed Moon Mountain District Sonoma County viticultural area
is located entirely within the eastern portion of the Sonoma Valley
viticultural area, along the western slopes of the Mayacmas Mountains.
A portion of the proposed viticultural area's eastern boundary is
shared with the eastern boundary of the Sonoma Valley viticultural
area. Like the Sonoma Valley viticultural area, the proposed
viticultural area benefits from the moderating effect of cool breezes
and light fogs from both the Pacific Ocean and San Pablo Bay and is
protected from the heaviest marine intrusion by the Sonoma Mountains.
However, the proposed Moon Mountain District Sonoma County viticultural
area is comprised entirely of moderately steep mountain slopes, whereas
the Sonoma Valley viticultural area also contains the lower, flatter
Valley of the Moon and Sonoma Valley. Additionally, the alluvial soils
that are prevalent in the lowland portions of the Sonoma Valley
viticultural area are scarce within the proposed viticultural area,
which primarily contains volcanic soils.
North Coast Viticultural Area
The North Coast viticultural area was established by T.D. ATF-145,
which was published in the Federal Register on September 21, 1983 (48
FR 42973). It includes all or portions of Napa, Sonoma, Mendocino,
Solano, Lake, and Marin Counties, California. TTB notes that the North
Coast viticultural area contains all or portions of approximately 40
established viticultural areas, in addition to the area covered by the
proposed Moon Mountain District Sonoma County viticultural area. In the
conclusion of the ``Geographical Features'' section of the preamble,
T.D. ATF-145 states that ``[d]ue to the enormous size of the North
Coast, variations exist in climatic features such as temperature,
rainfall, and fog intrusion.''
The proposed Moon Mountain District Sonoma County viticultural area
shares the basic viticultural feature of the North Coast viticultural
area: the marine influence that moderates growing season temperatures
in the area. However, the proposed viticultural area is much more
uniform in its geography, geology, climate, and soils than the diverse
multicounty North Coast viticultural area. In this regard, TTB notes
that T.D. ATF-145 specifically states that ``approval of this
viticultural area does not preclude approval of additional areas,
either wholly contained with the North Coast, or partially overlapping
the North Coast,'' and that ``smaller viticultural areas tend to be
more uniform in their geographical and climatic characteristics, while
very large areas such as the North Coast tend to exhibit generally
similar characteristics, in this case the influence of maritime air off
of the Pacific Ocean and San Pablo Bay.'' Thus, the proposal to
establish the Moon Mountain District Sonoma County viticultural area is
not inconsistent with what was envisioned when the North Coast
viticultural area was established.
TTB Determination
TTB concludes that the petition to establish the 17,663-acre Moon
Mountain District Sonoma County 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, ``Moon Mountain District Sonoma County,'' 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 ``Moon Mountain District Sonoma County'' 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's name as an appellation of origin. The
approval of the proposed Moon Mountain District Sonoma County
viticultural area would not affect any existing viticultural area, and
any bottlers using ``Sonoma Valley'' or ``North Coast'' as an
appellation of origin or in a brand name for wines made from grapes
grown within the Sonoma Valley or North Coast viticultural areas would
not be affected by the establishment of this new viticultural area. The
establishment of the Moon Mountain District Sonoma County viticultural
area would allow vintners to use ``Moon Mountain District Sonoma
County,'' ``Sonoma Valley,'' and ``North Coast'' as appellations of
origin for wines made from grapes grown within the Moon Mountain
District Sonoma County viticultural area if the wines meet the
eligibility requirements for the appellation.
On the other hand, TTB does not believe that any single part of the
proposed viticultural area name standing alone, that is, ``Moon
Mountain,'' ``Moon Mountain District,'' or ``Sonoma County,'' would
have viticultural significance in relation to this proposed
viticultural area because: (1) according to the USGNIS, the ``Moon
Mountain'' area name refers to 22 locations, including 14 mountain
peaks in 9 States, so TTB believes that a determination of ``Moon
Mountain'' or ``Moon Mountain District'' as terms of viticultural
significance could lead to consumer and industry confusion and should
be avoided; and (2) ``Sonoma County,'' standing alone, is already a
term of viticultural significance under 27 CFR 4.39(i)(3), which states
that ``[a] name has viticultural significance * * * when it is the name
of a state or county * * *.'' Therefore, the proposed part 9 regulatory
text set forth in this document specifies only ``Moon Mountain District
Sonoma County'' as a term of viticultural significance for purposes of
part 4 of the TTB regulations.
For a wine to be labeled with a viticultural area name or with a
brand name that includes a viticultural area 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
[[Page 14052]]
conditions listed in 27 CFR 4.25(e)(3). If the wine is not eligible for
labeling with a viticultural area 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 viticultural area 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 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 it should establish the proposed viticultural area. TTB is also
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, topography, soils, climate, and other required
information submitted in support of the petition. In addition, given
the proposed Moon Mountain District Sonoma County viticultural area's
location within the existing North Coast and Sonoma Valley viticultural
areas, TTB is interested in comments on whether the evidence submitted
in the petition regarding the distinguishing features of the proposed
viticultural area sufficiently differentiates it from the existing
North Coast and Sonoma Valley viticultural areas. TTB is also
interested in comments on whether the geographic features of the
proposed viticultural area are so distinguishable from the surrounding
North Coast and Sonoma Valley viticultural areas that the proposed Moon
Mountain District Sonoma County viticultural area should no longer be
part of those viticultural areas. Please provide any available specific
information in support of your comments.
Because of the potential impact of the establishment of the
proposed Moon Mountain District Sonoma County viticultural area on wine
labels that include the term ``Moon Mountain District Sonoma County''
as discussed above under Impact on Current Wine Labels, TTB is
particularly interested in comments regarding whether there will be a
conflict between the proposed area name and currently used brand names.
If a commenter believes that a conflict will arise, the comment should
describe the nature of that conflict, including any anticipated
negative economic impact that approval of the proposed 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.
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-2013-
0002 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under
Notice No. 133 on the TTB Web site at 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 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.
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 200E, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 133 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 TTB
considers 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 or hand delivery/courier,
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
On the Federal e-rulemaking portal, Regulations.gov, TTB will post,
and you may view, copies of this notice, selected supporting materials,
and any electronic or mailed comments TTB receives about this proposal.
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. 133. You may
also reach the docket containing this notice and the posted comments
received on it through the Regulations.gov search page at http://www.regulations.gov.
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 the Bureau considers unsuitable for
posting.
You may also view copies of this notice, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments that 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
[[Page 14053]]
Executive Order 12866. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this proposed rule.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.---- to read as follows:
Sec. 9.---- Moon Mountain District Sonoma County.
(a) Name. The name of the viticultural area described in this
section is ``Moon Mountain District Sonoma County''. For purposes of
part 4 of this chapter, ``Moon Mountain District Sonoma County'' is a
term of viticultural significance.
(b) Approved maps. The four United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Moon Mountain District Sonoma County viticultural area are titled:
(1) Rutherford, Calif., 1951, photorevised 1968;
(2) Sonoma, Calif., 1951, photorevised 1980;
(3) Glen Ellen, Calif., 1954, photorevised 1980;
(4) Kenwood, Calif., 1954, photorevised 1980; and
(c) Boundary. The Moon Mountain District Sonoma County viticultural
area is located in Sonoma County, California. The boundary of the Moon
Mountain District Sonoma County viticultural area is as follows:
(1) The beginning point is on the Rutherford map at the 2,188-foot
elevation point located on the Sonoma-Napa County boundary line in
section 26, T7N/R6W. From the beginning point, proceed southerly along
the meandering Sonoma-Napa County boundary line, crossing onto the
Sonoma map, to intersection of the county line and Lovall Valley Road,
Huichica Land Grant; then
(2) Continue along the Sonoma-Napa County boundary line
approximately 0.2 mile to the intersection of the county line and the
end of an unnamed light-duty road; then
(3) Proceed southwesterly in a straight line approximately 1.2
miles, passing through the marked 692-foot peak, to the intersection of
the line with an unnamed light-duty road known locally as Thornsberry
Road; then
(4) Proceed north-northwesterly in a straight line approximately 1
mile to the intersection of two unnamed light-duty roads known locally
as Castle Road and Bartholomew Road (marked by the 218-foot elevation
point); then
(5) Proceed west in a straight line approximately 1.4 miles,
passing through the southern-most quarry marked on Schocken Hill, to
the intersection of the line with the 400-foot elevation line, Pueblo
Lands of Sonoma; then
(6) Proceed northwesterly along the meandering 400-foot elevation
line for approximately 7.4 miles, crossing onto the Glen Ellen map and
then the Kenwood map, to the intersection of the contour line with
Nelligan Road, near the mouth of Nunns Canyon, T6N/R6W; then
(7) Proceed northerly on Nelligan Road approximately 0.6 miles to
the intersection of the road with the 600-foot elevation line; then
(8) Proceed northwest along the 600-foot elevation line
approximately 1.8 miles to its second intersection with a marked trail
(near a marked quarry and approximately 0.2 mile southeasterly of a
marked 973-foot peak), Los Guilicos Land Grant; then
(9) Proceed east-northeasterly in a straight line approximately 0.8
miles to the marked 1,483-foot peak; then
(10) Proceed east-southeasterly in a straight line approximately
1.5 miles, crossing onto the Rutherford map, returning to the beginning
point.
Signed: February 26, 2013.
Mary G. Ryan,
Acting Administrator.
[FR Doc. 2013-04905 Filed 3-1-13; 8:45 am]
BILLING CODE 4810-31-P