[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Proposed Rules]
[Pages 38618-38628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15247]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2013-0004; Notice No. 135]
RIN 1513-AB96
Proposed Establishment of the Eagle Peak Mendocino County
Viticultural Area and Realignments of the Mendocino and Redwood Valley
Viticultural Areas
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 26,260-acre ``Eagle Peak Mendocino County''
viticultural area in northern California. TTB also proposes to modify
the boundaries of the existing Mendocino viticultural area and the
Redwood Valley viticultural area. The proposed boundary modifications
would decrease the size of the 327,437-acre Mendocino viticultural area
by 1,900 acres and decrease the size of the 32,047-acre Redwood Valley
viticultural area by 1,430 acres. The proposed modifications of the two
existing viticultural areas would eliminate potential overlaps with the
proposed Eagle Peak Mendocino County viticultural area. The proposed
viticultural area and the two existing viticultural areas all lie
entirely within Mendocino County, California, and 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 these proposals.
DATES: TTB must receive your comments on or before August 26, 2013.
ADDRESSES: Please send your comments on this proposal to one of the
following addresses:
http://www.regulations.gov (via the online comment form
for this document as posted within Docket No. TTB-2013-0004 at
``Regulations.gov,'' the Federal e-rulemaking portal);
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 document for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
You may view copies of this document, selected supporting
materials, and any comments TTB receives about this proposal at http://www.regulations.gov within Docket No. TTB-2013-0004. A link to that
docket is posted on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 135. You also may view copies of this
document, 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: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels, and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). 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
[[Page 38619]]
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. Petitions to establish a
viticultural area 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 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.
Petitions to modify the boundary of an existing viticultural area
which would result in a decrease in the size of an existing
viticultural area must include the following:
An explanation of the extent to which the current
viticultural name does not apply to the excluded area;
An explanation of how the distinguishing features of the
excluded area are different from those within the boundary of the
smaller viticultural area; and
An explanation of how the boundary of the existing
viticultural area was incorrectly or incompletely defined or is no
longer accurate due to new evidence or changed circumstances.
Eagle Peak Mendocino County Establishment Petition; Mendocino and
Redwood Valley Modification Petitions
TTB received three petitions on behalf of local grape growers from
Mr. Ralph Jens Carter, one proposing the establishment of the ``Eagle
Peak Mendocino County'' viticultural area and two separate companion
petitions proposing the modification of the boundaries of the existing
``Mendocino'' (27 CFR 9.93) and ``Redwood Valley'' (27 CFR 9.153)
viticultural areas. The proposed viticultural area and the two existing
viticultural areas lie entirely within Mendocino County and the multi-
county North Coast viticultural area (27 CFR 9.30) in northern
California. The proposed Eagle Peak Mendocino County viticultural area
contains approximately 26,260 acres, of which approximately 120 acres
are in 16 commercial vineyards. The proposed viticultural area lies to
the west of both the Redwood Valley viticultural area and the eastern
portion of the V-shaped Mendocino viticultural area.
A small portion of the proposed Eagle Peak Mendocino County
viticultural area would, if established, overlap portions of the
established Mendocino and Redwood Valley viticultural areas. To
eliminate the potential overlaps, the petitioner proposed to modify the
boundaries of the Mendocino and Redwood Valley viticultural areas. The
proposed boundary modifications would eliminate the potential overlap
and would remove the overlapped areas from the Mendocino and Redwood
Valley viticultural areas. The proposed modifications would reduce the
size of the 32,047-acre Redwood Valley viticultural area boundary by
approximately 1,430 acres and reduce the size of the 327,437-acre
Mendocino viticultural area by approximately 1,900 acres.
Two vineyards, Golden Vineyards and Masut Vineyards, currently
exist within the area of the proposed boundary modification. The
western portion of the Redwood Valley viticultural area boundary
currently runs through both vineyards, splitting each property between
the Redwood Valley and Mendocino viticultural areas. If TTB adopts the
proposed boundary modifications, the division would be eliminated and
both vineyards would lie wholly within the proposed Eagle Peak
Mendocino County viticultural area. The affected growers have both
provided TTB with written support for the proposed modification of the
boundaries of the Mendocino and Redwood Valley viticultural areas, and
they support the establishment of the proposed Eagle Peak Mendocino
County viticultural area.
The distinguishing features of the proposed viticultural area
include climate, geology, topography, and soils. Unless otherwise
noted, all information and data contained in the below sections are
from either the petition to establish the proposed Eagle Peak Mendocino
County viticultural area and its supporting exhibits or the companion
petitions to modify the boundaries of the established Mendocino and
Redwood Valley viticultural areas.
Eagle Peak Mendocino County
Name Evidence
Eagle Peak is a prominent summit within the proposed Eagle Peak
Mendocino County viticultural area, and various sources list ``Eagle
Peak'' as a name associated with the proposed viticultural area. The
United States Geological Survey (USGS) Laughlin Range map identifies a
2,699-foot elevation point, approximately 6 miles west of the Redwood
Valley Rancheria, as Eagle Peak. The United States Department of
Agriculture Soil Survey, Mendocino County, Eastern Part, Sheet 26,
identifies a mountain summit north of Jack Smith Creek and south of
Mill Creek as Eagle Peak, and the USGS Geographic Names Information
System (GNIS) lists Eagle Peak as a summit in Mendocino County. A
mountain pass in the Laughlin Range within the proposed viticultural
area is designated as ``Eagle Peak Crossing.'' Although the pass is not
marked on the USGS maps, the petitioner provided a photograph of a road
sign that marks the latitude, longitude, and elevation of the pass, as
well as its name.
[[Page 38620]]
Section 9.12(a)(1)(ii) of TTB regulations allows local businesses
and road names to be used as evidence that the region of a proposed
viticultural area is known by the proposed name. Because the proposed
viticultural area is in a mountainous, rural region, there are few
businesses within it and few named roads shown on the USGS maps.
However, the petitioner provided a Mendocino County land parcel map
that shows an Eagle Peak Road and an Eagle Peak Court within the
proposed viticultural area. The petitioner also provided a page from
the Western Bison Association's internet directory that shows a listing
for Eagle Peak Bison Ranch, which is located within the proposed
viticultural area. Finally, because Sec. 9.12(a)(1)(ii) allows
anecdotal evidence taken from local residents with knowledge of the
name and its use to be presented to support other name evidence, the
petitioner provided a petition signed by several local residents
attesting that the area of the proposed viticultural area is known as
``Eagle Peak.''
The GNIS lists 47 summits in the United States designated as
``Eagle Peak,'' including 16 others in California. Therefore, the
petition included the modifier ``Mendocino County'' in the proposed
name, to pinpoint the geographical location of the proposed
viticultural area and avoid potential confusion for consumers.
Boundary Evidence
The proposed Eagle Peak Mendocino County viticultural area is
located approximately 125 miles north of San Francisco, in a climatic
transition zone between the cooler Pacific coast and the hotter inland
valleys. The proposed viticultural area extends from the Redwood Valley
to the south, northward to just south of the small community known as
Ridge, California.
The proposed viticultural area consists mostly of steep upland
terrain. The western portion of the boundary of the proposed
viticultural area is formed by a ridge of the California Coast Range.
The steep peaks of the Laughlin Range form the northern portion of the
proposed boundary and gradually descend to the lower, flatter land of
Little Lake Valley near Willits, a town north of the proposed
viticultural area. The proposed eastern and southeastern portions of
the boundary are marked by lower elevations that descend to the nearly
level floors of the Redwood and Ukiah Valleys, outside of the proposed
viticultural area.
The boundary of the proposed Eagle Peak Mendocino County
viticultural area also encompasses the Forsythe Creek watershed.
Drainage begins within the proposed viticultural area at the headwaters
of Forsythe Creek, which joins downstream with the Walker, Mill, and
Seward Creeks, and continues to the confluence with the Russian River
headwaters in Redwood Valley, southeast of the proposed boundary.
The boundary of the proposed Eagle Peak Mendocino County
viticultural area and the related modifications to the Mendocino and
Redwood Valley viticultural areas differ slightly from those outlined
in the original petitions. With the petitioner's agreement, TTB made
several small adjustments to the originally-proposed boundaries in
order to use features found on all three map sets, since the Mendocino
area's maps are of a different scale than those used for the other two
areas. The petitioner also revised the proposed Eagle Peak Mendocino
County boundary in order to eliminate the inclusion of some Redwood
Valley floor land in the proposed viticultural area's southeastern
corner.
Distinguishing Features
Climate
The proposed Eagle Peak Mendocino County viticultural area has a
transitional climate between the cool, wet climate of the Pacific
coastline and the warmer, drier air of the interior valleys. This
transitional climate influences grape-growing practices within the
proposed viticultural area.
Temperatures: The year-round temperatures of the proposed
viticultural area are influenced by cool, moist air from the Pacific
Ocean, which moderates daily temperatures and seasonal temperature
variations. Data submitted with the petition shows an average of only
22 days per year with temperatures over 90 degrees Fahrenheit (F)
within the proposed viticultural area and only a 25 degree difference
in average temperature between the average warmest month and average
coldest month. The moderate temperatures can be attributed, in part, to
coastal fog. Although the Coastal Range blocks the heaviest of the
marine fog from moving farther inland, some fog does enter the proposed
viticultural area through a gap in the Coastal Range known as the Big
River airflow corridor, located at the headwaters of the Big River near
the peak known as Impassable Rocks. The fog then travels farther into
the proposed viticultural area along stream beds and creeks, gradually
dissipating as it moves east.
The steep upland terrain of the proposed viticultural area also
plays a role in moderating temperatures. At night, cold air drains off
the mountain slopes and into the lower elevations of the neighboring
Ukiah Valley and Redwood Valley, resulting in warmer nighttime
temperatures within the proposed viticultural area than in the valleys.
Because the cold nighttime air drains off of the higher elevations, the
fluctuations between daytime and nighttime temperatures (diurnal
shifts) within the proposed viticultural area are moderate, averaging
20.6 degrees during the growing season. According to the petition,
relatively constant temperatures during the ripening period with less
fluctuation between day and night temperatures encourage the complete
development of color, flavor, and aroma in grapes.
By contrast, the region to the west of the proposed Eagle Peak
Mendocino County viticultural area is more exposed to the cool, moist
air flowing inland from the Pacific Ocean. As a result, fog is heavier
and longer lasting within this region than within the proposed
viticultural area. The cool, moist, foggy climate to the west of the
proposed viticultural area promotes the growth of fungus on grapes and
inhibits ripening, as contrasted to the drier, warmer conditions of the
proposed Eagle Peak Mendocino County viticultural area, which reduce
the threat of fungus and provide better ripening conditions.
Additionally, the heavier fog results in cooler year-round temperatures
with smaller seasonal fluctuations than within the proposed
viticultural area. The town of Fort Bragg, located on the Pacific
coast, averages only an 8 degree difference in temperatures between the
warmest and coldest months of the year, compared to the 25 degree
difference for the proposed viticultural area.
The region north of the proposed Eagle Peak Mendocino County
viticultural area is generally cooler and receives more snowfall
annually. Frosts can occur in almost any month except July and August.
Climate data obtained by TTB from the online Western Regional Climate
Center database \1\ shows that the town of Willits, north of the
proposed viticultural area, has an average annual maximum temperature
of only 69 degrees F and no months averaging highs over 90 degrees F.
Because of its greater distance from both the Pacific coast and the Big
River airflow corridor, Willits also experiences a larger difference in
temperature between the warmest and coolest months than the proposed
[[Page 38621]]
viticultural area, with an average temperature difference of 31
degrees.
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\1\ From www.wrcc.dri.edu. The period of record for this climate
summary is 1902 through 2011.
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To the east and south of the proposed viticultural area, the
Redwood and Ukiah Valleys are not as affected by the marine air as the
proposed viticultural area. Although much of the fog and cool breezes
that pass through the Big River airflow corridor dissipate the farther
east they travel, some cool, moist air occasionally reaches the
valleys, but not as often or in the same quantitative amount as within
the proposed viticultural area. As a result, the temperatures in the
Redwood and Ukiah valleys are significantly higher than in the proposed
Eagle Peak Mendocino County viticultural area. Data submitted with the
petition shows the number of days per year with temperatures over 90
degrees F averages 80 in the Ukiah Valley and 64 in the Redwood Valley,
compared to an average of only 22 days per year with temperatures over
90 degrees F within the proposed viticultural area. The temperature
difference between the coolest and warmest months is also greater
within the inland valleys than within the proposed viticultural area,
with the Ukiah Valley averaging a 55 degree difference. Finally, due to
the cool air draining off the higher elevations at night, the valleys
experience a greater fluctuation between daytime highs and nighttime
lows than the proposed viticultural area. For example, daily
temperature fluctuations within Redwood Valley average 33.7 degrees
during the growing season, and fluctuations of more than 40 degrees are
not uncommon.
Wind: The Big River airflow corridor also plays a role in the
summer winds that are common throughout the proposed Eagle Peak
Mendocino County viticultural area. During the summer, hot air rises
from the Redwood, Potter, and Ukiah Valleys east and south of the
proposed viticultural area, creating low pressure at ground level. The
low pressure pulls cooler marine air from the Pacific Ocean through the
Big River airflow corridor and into the proposed Eagle Peak Mendocino
County viticultural area, resulting in frequent winds. The breezes
dissipate as they move east. As a result, breezes are lighter and less
frequent in the valleys to the east and south of the proposed
viticultural area.
Wind speed measurements, taken in miles per hour (mph), were
recorded at various times during the growing season in vineyards within
the proposed Eagle Peak Mendocino County viticultural area and the
neighboring Redwood Valley viticultural area, located to the east of
the proposed viticultural area. The data in the table below was
included with the petition.
Wind Patterns
------------------------------------------------------------------------
Proposed Eagle
Peak Mendocino Redwood Valley
2009 County viticultural area
viticultural area (Elizabeth
(Masut Vineyards) Vineyards)
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June 18
Average..................... 7 mph............. 2 mph.
Gusts....................... 15 mph............ 5 mph.
July 22
Average..................... 10 mph............ 5 mph.
Gusts....................... 18 mph............ 8 mph.
August 14
Average..................... 5 mph............. 1 mph.
Gusts....................... 8 mph............. 3 mph.
September 3
Average..................... 5 mph............. 0 mph.
Gusts....................... 10 mph............ 2 mph.
------------------------------------------------------------------------
The data in the table demonstrates that the proposed Eagle Peak
Mendocino County viticultural area is significantly windier throughout
the growing season than Redwood Valley, which is located at lower
elevations to the east.
The winds in the proposed Eagle Peak Mendocino County viticultural
area affect grape growing. According to the petitioner, the cool
breezes lower the temperature, but are not so strong as to damage the
vines or fruits. The breezes also lower humidity, reducing the
development of grape rot. Furthermore, light breezes somewhat delay the
ripening process by stimulating leaf pores to close, thereby reducing
photosynthesis. The longer ripening process allows the flavor
components to develop before the acid levels drop too low.
Geology
The proposed Eagle Peak Mendocino County viticultural area has two
primary rock types: sandstone and shale. Sandstone is a marine
sedimentary rock found in the coastal belt that includes some
Franciscan Complex and early Tertiary micro-fossils of 65 to 1.5
million years old. Shale is older Franciscan Complex, from the
Cretaceous and Jurassic periods, 65 to 195 million years ago. The
Franciscan sediments are characterized by unstable rocks on steep
terraces and slopes and soils with nickel and high magnesium levels and
relatively shallow rooting depths of 4 to 40 inches.
To the immediate north and south of the proposed Eagle Peak
Mendocino County viticultural area is a geological continuation of the
Franciscan Complex. Farther north, the valleys near Willits contain
Quaternary alluvium, as do Redwood and Ukiah Valleys to the east and
southeast. Quaternary alluvium is between 1.5 million years to 11,000
years old, significantly younger than the rocks of the proposed Eagle
Peak Mendocino County viticultural area. The alluvial sediments have
rooting depths of 60 inches or more. To the west, southwest, and
northwest of the proposed viticultural area is only sandstone, with no
shale.
Growing wine grapes in the Franciscan formation soil of the
proposed viticultural area requires special care due to the chemical
elements in the rocks. Rocks in the formation contain nickel, which is
toxic to grapes. High levels of magnesium, which are also found in the
Franciscan formation, can affect the uptake of potassium, an element
vital to good fruit production. However, the thin, rocky soil does lead
to fewer leaves, resulting in naturally good canopy-light relations.
Vines growing in the thicker alluvial soils of valleys to the north,
east, and southeast produce more leaves and therefore require more
specialized trellising and canopy management techniques to achieve good
canopy-light relations.
Topography
The topography of the proposed Eagle Peak Mendocino County
viticultural area includes an abundance of rolling-to-steep terrain,
high elevations, and moderate-to-steep slope angles.
Elevations: Elevations vary from 800 to 3,320 feet within the
proposed Eagle Peak Mendocino County viticultural area, according to
the USGS maps. Prominent elevations include Eagle Peak at 2,699 feet,
Irene Peak at 2,836 feet, and the 3,320-foot crest of Laughlin Ridge.
High elevations occur throughout the proposed viticultural area, with
the exception of the 800-foot elevations along its proposed eastern
boundary where Forsythe and Seward Creeks flow into Redwood Valley and
towards the Russian River. The high elevations within the proposed
Eagle Peak Mendocino County viticultural area protect vineyards from
frost during the spring and autumn because the cool air drains off the
slopes at night and settles in the lower elevations of the valleys
outside of the proposed viticultural area.
The elevations outside the proposed Eagle Peak Mendocino County
viticultural area vary, but are generally lower than those within the
proposed viticultural area. To the north of the proposed viticultural
area, the Laughlin Range and Ridgewood summit slopes, which form the
northern boundary of
[[Page 38622]]
the proposed viticultural area, gradually descend from a peak of 3,320
feet at the northeast corner of the proposed viticultural area to
approximately 1,100 feet in Little Lake Valley around Willits, farther
to the north. To the east of the proposed viticultural area, the
Redwood Valley has lower elevations of between 508 and 800 feet. To the
south of the proposed viticultural area are rolling hills with
elevations between 1,863 and 2,571 feet, which gradually descend to the
Ukiah Valley, with an elevation of approximately 700 feet. To the west
of the proposed viticultural area, the terrain descends from
approximately 2,000 feet to sea level at the Pacific coastline.
Slope Angle and Aspect: The proposed Eagle Peak Mendocino County
viticultural area slopes are generally southerly-facing and moderately
to very steep, with angles between 30 to 50 percent as calculated by
the petitioner using USGS maps. The steep slopes encourage good air
circulation, which prevents frosts and heavy fogs that can damage
grapevines. Steep slopes also promote water drainage and prevent an
excess of standing water, although the steepness creates a high erosion
hazard that must be considered when planting vineyards. The southerly
solar aspect of the slopes enables the soil to warm faster in the
spring, promoting early vine growth. The warmer soil temperatures also
encourage the production of cytokinin (plant hormones), which
contributes to early grape ripening.
The Laughlin Range and Ridgewood Summit, with 30 to 50 percent
slope angles, form the northern portion of the proposed boundary.
However, as the terrain continues northward beyond the proposed
viticultural area, it quickly changes from steep to mild slopes, with
near-level angles in Little Lake Valley. In contrast to the southerly-
facing slopes of the proposed viticultural area, the slopes in this
northern region generally face north. Northerly-facing slopes are
generally cooler and more susceptible to frost than southerly-facing
slopes.
To the east, the Redwood Valley is nearly level, with slope angles
of 2 to 8 percent. Cool air run-off from the steep mountainsides of the
proposed viticultural area settles in the flatter terrain of the valley
during spring and autumn nights, creating more of a frost threat in the
valley than on the slopes. The valley terrain is less efficient at
shedding excess water than the more steeply sloped terrain of the
proposed viticultural area, but the gentler slope angles of the valley
create less of an erosion hazard.
To the south is moderately-sloped rolling, hilly terrain that dips
into the nearly-level Ukiah Valley. The hillsides are generally east-
facing and are blocked from much of the marine-influenced breezes and
moisture that travel from the west and penetrate the proposed
viticultural area.
To the immediate west are moderate-to-steep slope angles, similar
to the terrain within the proposed Eagle Peak Mendocino County
viticultural area. However, these slopes generally face west and are
more exposed to heavy fog and cool, wet air from the Pacific Ocean than
the southerly-facing slopes of the proposed viticultural area. The
higher elevations and steep slopes west of the proposed viticultural
area gradually descend to low elevations and gentle slopes as the land
meets the coastline of the Pacific Ocean.
Soils
The defining characteristics of soils within the proposed Eagle
Peak Mendocino County viticultural area include profoundly low water-
holding capacity, shallow rooting depths, and high erosion potential,
due to the composition of the soil and the steep slopes. The soils are
classified as upland under grass and oaks, or under forest (fog-
influenced). Primary soil associations are the Yorkville-Yorktree-
Squawrock and Ornbaun-Zeni-Yellowhound associations. The soils retain
enough water to allow the vines to come out of dormancy in the spring
and make it through the ``grand growth stage'' without irrigation, but
irrigation is required for the rest of the growing season. TTB notes
that the ``grand growth stage'' is a period of rapid growth that
follows early shoot development and typically continues until just
after fruit set.\2\
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\2\ Hellman, E.W. ``Grapevine Structure and Function.'' Oregon
Viticulture. Ed. E.W. Hellman. Corvallis, Oregon: Oregon State
University Press, 2003.
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To the north and south of the proposed viticultural area, the soils
are upland soils under forest, typically covered with a mat of conifer
needles. These soils have a moderate water-holding capacity. To the
east and southeast, the valley floors of the Redwood Valley and
Mendocino viticultural areas have alluvial soils with high water-
holding capacity. The alluvial soils are able to retain adequate
moisture later into the growing season, unlike the soils in the
proposed Eagle Peak Mendocino County viticultural area, making
irrigation less necessary. Additionally, the alluvial soils have deeper
rooting depths and are not as susceptible to erosion as soils of the
proposed Eagle Peak Mendocino County viticultural area. To the west,
the soil types vary in water-holding capacity from very low to high,
depending on whether they are alluvial (moderate-to-high capacity) or
greywacke, shale, sandstone, and siltstone (very-low-to-high capacity).
Comparisons of the Proposed Eagle Peak Mendocino County Viticultural
Area to the Existing 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 Eagle Peak Mendocino 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 Eagle Peak Mendocino 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 within 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 Eagle Peak Mendocino County viticultural area
is not inconsistent with what was envisaged when the North Coast
viticultural area was established.
Proposed Modification of the Mendocino and Redwood Valley Viticultural
Areas
As previously noted, in addition to submitting a petition to
establish the
[[Page 38623]]
Eagle Peak Mendocino County viticultural area, the petitioner also
submitted petitions to modify the boundaries of the established
Mendocino and Redwood Valley viticultural areas. The Redwood Valley
viticultural area is located entirely within the Mendocino viticultural
area and shares the northern portion of its boundary with part of the
northern boundary of the Mendocino viticultural area. The proposed
Eagle Peak Mendocino County viticultural area is located to the west of
both the Mendocino and Redwood Valley viticultural areas and as
proposed would partially overlap portions of both viticultural areas.
The proposed boundary modifications would reduce the sizes of the
Mendocino and Redwood Valley viticultural areas by 1,900 acres and
1,430 acres, respectively, and would eliminate potential overlaps
between the proposed viticultural area and the two existing
viticultural areas.
According to the petitions, the modification would remove the
steeper terrain of the proposed realignment area from the flatter,
lower, valley-dominated elevations of the two existing viticultural
areas and into the proposed Eagle Peak Mendocino County viticultural
area, which is characterized by steeper upland terrain. The petition
also notes that modifying the boundaries of the Mendocino and Redwood
Valley viticultural areas would result in two vineyards, totaling 50
acres, being entirely within the proposed Eagle Peak Mendocino County
viticultural area. Currently, both vineyards are split between the
Mendocino and Redwood Valley viticultural areas.
Overview of the Mendocino Viticultural Area
The 327,437-acre Mendocino viticultural area was established by
T.D. ATF-178, which was published in the Federal Register on June 15,
1984 (49 FR 24711). The Mendocino viticultural area is described as a
mixture of upland and valley floor, with warmer winters and cooler
summers than those found in the eastern interior area. T.D. ATF-178
also describes the Mendocino viticultural area as having a transitional
climate, where the climate of the region varies from cool, moist,
coastal-influenced conditions to warm, dry periods characteristic of
regions farther inland. The average growing season is 268 days, with
annual precipitation amounts averaging 39.42 inches.
The Mendocino viticultural area encompasses the agricultural areas
of the southernmost third of Mendocino County. Mountain ridges
surrounding the area define the upper limits of the Russian River and
Navarro River drainage basins. The ridges, with peaks to 3,500 feet in
elevation, provide a natural boundary for the climate of the Mendocino
viticultural area. Most grapes grow at elevations between 250 and 1,100
feet, with some growth as high as 1,600 feet.
T.D. ATF-178 made no comparisons of the Mendocino viticultural area
to the area identified in this proposed rule as the proposed Eagle Peak
Mendocino County viticultural area.
Overview of the Redwood Valley Viticultural Area
The 32,047-acre Redwood Valley viticultural area was established by
T.D. ATF-386, which was published in the Federal Register on December
23, 1996 (61 FR 67466). The primary feature of the viticultural area is
a low-elevation, gently sloping valley floor. The boundary of the
viticultural area roughly follows the watershed that forms the
headwaters of the western fork of the Russian River, including Forsythe
Creek, whose watershed is encompassed by the proposed Eagle Peak
Mendocino County viticultural area. The southern end of Redwood Valley
forms a narrow funnel shape near the small town of Calpella. The
Russian River runs southward through the funnel and exits the Redwood
Valley viticultural area as it flows to the Pacific Ocean.
The distinguishing features of the Redwood Valley viticultural
area, as described in T.D. ATF-386, include climate, rainfall, and
soils. The climate of the Redwood Valley viticultural area is cooler
than the Ukiah Valley to the south, but warmer than the Anderson Valley
viticultural area to the west. The climate is cool enough within the
Redwood Valley viticultural area that harvest occurs later than in the
Ukiah Valley, but still takes place earlier than in the Anderson Valley
viticultural area. The Redwood Valley viticultural area averages 39.62
inches of precipitation annually, which is 22 percent more than in
Ukiah Valley. Additionally, T.D. ATF-386 describes the Redwood Valley
viticultural area as having the largest deposit of Redvine Series soil
in the area, as well as large amounts of Pinole Gravelly Loam. T.D.
ATF-386 made no comparisons of Redwood Valley to the area identified in
this Notice as the proposed Eagle Peak Mendocino County viticultural
area.
Comparison of Distinguishing Features Within the Proposed Realignment
Areas to the Redwood Valley and Mendocino Viticultural Areas
TTB notes that the Mendocino viticultural area is shaped like an
upright letter ``V,'' and the Redwood Valley viticultural area lies
entirely within the northwestern corner of the easternmost arm of the
``V.'' The proposed Eagle Peak Mendocino County viticultural area sits
to the west of the easternmost arm of the ``V'' and partially overlaps
it as well as a portion of the Redwood Valley viticultural area. The
petitions to establish the proposed Eagle Peak Mendocino County
viticultural area and modify the boundaries of the Mendocino and
Redwood Valley viticultural areas emphasize that the characteristics of
the areas that will no longer be part of the Mendocino and Redwood
Valley viticultural areas (hereinafter referred to as the realignment
areas) are more similar to those of the proposed Eagle Peak Mendocino
County viticultural area than those of the two existing viticultural
areas.
The topography of the realignment areas is consistent with that of
the high elevations and steep terrain of the proposed Eagle Peak
Mendocino County viticultural area. The petitioner calculated the slope
angles and elevations of the realignment areas and the Mendocino and
Redwood Valley viticultural areas using USGS maps. The proposed
realignment areas have moderate-to-steeply-sloped rugged terrain, 30 to
50 percent slope angles, and 800- to 2,500-foot elevations. By
contrast, the region to the east of the realignment areas, farther
within the Mendocino and Redwood Valley viticultural areas, is nearly
level valley terrain with slopes between 2 and 8 percent and general
elevations of 700 feet.
The realignment areas also have cooler climates than the rest of
the Redwood Valley viticultural area and the neighboring eastern
portion of the Mendocino viticultural area. The closest towns to the
realignment areas that are located within the Mendocino and Redwood
Valley viticultural areas are Ukiah and Redwood Valley, respectively.
Data collected from the weather stations in these two towns shows the
number of days per year with temperatures over 90 degrees F averages 80
in Ukiah and 64 in Redwood Valley. By contrast, data gathered from
Masut Vineyards, within the proposed realignment area, averages only 34
days with temperatures above 90 degrees F, which is closer to the
average of 22 days
[[Page 38624]]
per year for the entire proposed Eagle Peak Mendocino County
viticultural area.
The cooler temperatures of the realignment areas and proposed
viticultural area are partially due to the strong breezes that flow
through the Big River airflow corridor. The northeastern portion of the
Mendocino viticultural area and the Redwood Valley viticultural area,
by contrast, do not have strong breezes, mostly due to their greater
distances from the airflow corridor. Masut Vineyards, within the
proposed realignment areas, averaged windspeeds of almost 7 miles per
hour during the 2009 growing season, compared to an average of 2 miles
per hour within Elizabeth Vineyards, in the Redwood Valley viticultural
area. The difference between the recorded average windspeed for gusts
is even greater, with an average gust speed of almost 13 miles per hour
for Masut Vineyards, compared to 4.5 miles per hour for Elizabeth
Vineyards. The petitioner did not provide windspeed data for any
location within the Mendocino viticultural area.
The soils of the realignment areas are more similar to those of the
proposed Eagle Peak Mendocino County viticultural area. As shown on the
USDA Soil Survey map for eastern Mendocino County, the soil within the
realignment area is primarily of the Yorktree-Yorkville-Squawrock
association, similar to the majority of the soil within the proposed
Eagle Peak Mendocino County viticultural area. By contrast, the soils
in the neighboring portions of the Mendocino and Redwood Valley
viticultural areas are primarily alluvial soils of the Hopland-
Sanhedrin-Kekawaka and Pinole-Yokayo-Redvine associations. The rooting
depths within the proposed realignment areas and the proposed Eagle
Peak Mendocino County viticultural area are as low as 4 to 10 inches,
while the valley areas within the existing viticultural areas to the
east have 60 inches or more consistent rooting depth. The shallower
upland soils have lower water-holding capacity than the deeper soils of
the valley areas. Further, the thicker alluvial soils of the valleys
are more vigorous than in the upland areas of the realignment area,
meaning that different viticultural practices, such as canopy
management techniques, are required in the valleys.
TTB Determination
TTB concludes that the petitions to establish the 22,266-acre
``Eagle Peak Mendocino County'' American viticultural area and to
concurrently modify the boundaries of the existing Mendocino and
Redwood Valley viticultural areas merit consideration and public
comment, as invited in this document.
TTB is proposing the establishment of the new viticultural area and
the modifications of the two existing viticultural areas as one action.
Accordingly, if TTB establishes the proposed Eagle Peak Mendocino
County viticultural area, then the proposed boundary modifications of
the Mendocino and Redwood Valley viticultural areas would be approved
concurrently. If TTB does not establish the proposed Eagle Peak
Mendocino County viticultural area, then the present Mendocino and
Redwood Valley viticultural area boundaries would not be modified as
proposed in this document.
Boundary Description
See the narrative boundary descriptions of the petitioned-for
viticultural area and the boundary modification of the two established
viticultural areas in the proposed regulatory text published at the end
of this document.
TTB notes that the boundary of the proposed Eagle Peak Mendocino
County viticultural area and the related modifications to the Mendocino
and Redwood Valley viticultural areas differ slightly from those
outlined in the original petitions. With the petitioner's agreement,
TTB made several small adjustments to the originally-proposed
boundaries in order to use features found on all three map sets, since
the Mendocino area's maps are of a different scale than those used for
the other two areas. The petitioner also revised the proposed Eagle
Peak Mendocino County boundary in order to eliminate the inclusion of
some Redwood Valley floor land in the proposed viticultural area's
southeastern corner.
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, ``Eagle Peak Mendocino County,'' would be recognized as a
name of viticultural significance under 27 CFR 4.39(i)(3). The text of
the proposed regulation clarifies this point.
TTB does not believe that ``Eagle Peak,'' standing alone, would
have viticultural significance in relation to this proposed
viticultural area, due to the widespread use of ``Eagle Peak'' as a
geographical name. GNIS shows the name ``Eagle Peak'' used in reference
to 73 locations in 15 States. Furthermore, TTB notes that the terms
``Mendocino'' and ``Mendocino County'' are already established terms of
viticultural significance. ``Mendocino'' refers to the established
Mendocino viticultural area (27 CFR 9.93), while ``Mendocino County''
is a term of viticultural significance as a county appellation of
origin under 27 CFR 4.39(i)(3), which states that a name has
viticultural significance when it is the name of a county. Because the
term ``Mendocino'' is already an established term of viticultural
significance, TTB also does not believe that the phrase ``Eagle Peak
Mendocino,'' standing alone, would have viticultural significance with
regards to this proposed viticultural area. Therefore, the proposed
part 9 regulatory text set forth in this document specifies only
``Eagle Peak Mendocino County'' 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 ``Eagle Peak Mendocino County'' in a brand name,
including a trademark, or in another label reference as to the origin
of the wine, would have to ensure that the product is eligible to use
the viticultural area's full name ``Eagle Peak Mendocino County'' as an
appellation of origin. If approved, the establishment of the proposed
Eagle Peak Mendocino County viticultural area and the proposed
modifications of the Mendocino and Redwood Valley viticultural area
boundaries would allow vintners to use ``Eagle Peak Mendocino County,''
``Mendocino County,'' or ``North Coast'' as appellations of origin for
wines made from grapes grown within the Eagle Peak Mendocino County
viticultural area, if the wines meet the eligibility requirements for
the appellation.
Use of ``Mendocino County'' and ``North Coast'' as Appellations of
Origin
If TTB approves establishment of the proposed Eagle Peak Mendocino
County viticultural area and the proposed modifications of the
boundaries of Mendocino and Redwood Valley viticultural areas, any
bottlers using ``Mendocino County'' as an appellation of origin or in a
brand name for wines made from grapes grown within Mendocino County
would not be affected. Additionally, neither the establishment of the
proposed Eagle Peak Mendocino County viticultural area nor approval of
the proposed
[[Page 38625]]
boundary modifications would affect any bottlers using ``North Coast''
as an appellation of origin or in a brand name for wines made from
grapes grown within the North Coast viticultural area.
Use of ``Mendocino'' as an Appellation of Origin
If the proposed Eagle Peak Mendocino County viticultural area and
the corresponding modification of the Mendocino viticultural area
boundary are approved, bottlers currently using ``Mendocino'' standing
alone as an appellation of origin for wine produced primarily from
grapes grown in the areas removed from the Mendocino viticultural area
would no longer be able to use ``Mendocino'' standing alone as an
appellation of origin. Bottlers currently using ``Mendocino'' in a
brand name for wine produced primarily from grapes grown in the areas
removed from the Mendocino viticultural area would also no longer be
able to use the term ``Mendocino'' in the brand name, but could use the
terms ``Mendocino County'' or ``Eagle Peak Mendocino County'' in the
brand name if otherwise eligible. See the ``Transition Period'' section
of this document for more details.
Bottlers currently using ``Mendocino'' as an appellation of origin
or in a brand name for wine produced from grapes grown within the
current, and if modified, Mendocino viticultural area would still be
eligible to use the term as an appellation of origin or in a brand
name.
Use of ``Redwood Valley'' as an Appellation of Origin
If the proposed Eagle Peak Mendocino County viticultural area and
the corresponding modification of the Redwood Valley viticultural area
boundary are approved, bottlers currently using ``Redwood Valley'' as
an appellation of origin or in a brand name for wine produced primarily
from grapes grown in the areas removed from the Redwood Valley
viticultural area would no longer be able to use ``Redwood Valley'' as
an appellation of origin or in a brand name. See the ``Transition
Period'' section of this document for more details.
Bottlers currently using ``Redwood Valley'' as an appellation of
origin or in a brand name for wine produced from grapes grown within
the current, and if modified, Redwood Valley viticultural area would
still be eligible to use the term as an appellation of origin or in a
brand name.
Transition Period
If the proposals to establish the Eagle Peak Mendocino County
viticultural area and to modify the boundaries of the Mendocino and
Redwood Valley viticultural areas are adopted as a final rule, a
transition rule will apply to labels for wines produced from grapes
grown in the area removed from the Mendocino and Redwood Valley
viticultural areas. A label containing the words ``Mendocino'' (other
than in the phrase ``Mendocino County'' or ``Eagle Peak Mendocino
County'') or ``Redwood Valley'' in the brand name or as an appellation
of origin may be used on wine bottled within two years from the
effective date of the final rule, provided that such label was approved
prior to the effective date of the final rule and that the wine
conforms to the standards for use of the label set forth in 27 CFR 4.25
or 4.39(i) in effect prior to the final rule. At the end of this two-
year transition period, if a wine is no longer eligible for labeling
with the ``Mendocino'' or ``Redwood Valley'' viticultural area names
(e.g., it is primarily produced from grapes grown in the areas removed
from the Mendocino and Redwood Valley viticultural areas), then a label
containing the words ``Mendocino'' (other than in the phrase
``Mendocino County'' or ``Eagle Peak Mendocino County'') or ``Redwood
Valley'' in the brand name or as an appellation of origin would not be
permitted on the bottle. TTB believes that the two-year period should
provide affected label holders with adequate time to use up any
existing labels. This transition period is described in the proposed
regulatory text for the Mendocino and Redwood Valley viticultural areas
published at the end of this notice.
TTB notes that wine eligible for labeling with the ``Mendocino'' or
``Redwood Valley'' viticultural area names under the proposed new
boundary of the Mendocino and Redwood Valley viticultural areas will
not be affected by this two-year transition period. Furthermore, if TTB
does not approve the proposed boundary modifications, then all wine
label holders currently eligible to use the ``Mendocino'' and ``Redwood
Valley'' viticultural area names would be allowed to continue to use
their labels as originally approved.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether TTB should establish the proposed Eagle Peak Mendocino County
viticultural area and concurrently modify the boundaries of the
established Mendocino and Redwood Valley viticultural areas. TTB is
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, climate, geology, topography, soils, and other required
information submitted in support of the Eagle Peak Mendocino County
viticultural area petition. In addition, given the proposed Eagle Peak
Mendocino County viticultural area's location within the existing North
Coast viticultural area, 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 viticultural area. TTB is also
interested in comments on whether the geographic features of the
proposed viticultural area are so distinguishable from the North Coast
viticultural area that the proposed Eagle Peak Mendocino County
viticultural area should no longer be part of the North Coast
viticultural area. Please provide any available specific information in
support of your comments.
TTB also invites comments on the proposed modifications of the
existing Mendocino and Redwood Valley viticultural areas. TTB is
especially interested in comments on whether the evidence provided
sufficiently differentiates the realignment areas from the existing
Mendocino and Redwood Valley viticultural areas. Comments should
address the name usage, boundaries, climate, topography, soils, and any
other pertinent information that supports or opposes the proposed
boundary modifications.
Because of the potential impact of the establishment of the
proposed Eagle Peak Mendocino County viticultural area on wine labels
that include the terms ``Eagle Peak Mendocino County,'' ``Redwood
Valley,'' or ``Mendocino'' 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.
[[Page 38626]]
Clarification of Redwood Valley's Southern Boundary
In addition, TTB is proposing to clarify the description of a way
point along the Redwood Valley viticultural area's southern boundary.
Currently, the viticultural area's southern boundary includes a way
point described as ``the intersection of State Highway 20 and U.S. 101
* * *'' (see Sec. 9.153(c)(8)). Since this intersection is shown on
the Ukiah map as a large highway interchange with various on- and off-
ramps between the two highways, TTB wishes to clarify this way point as
``the intersection of State Highway 20 and a road known locally as
North State Street (old U.S. Highway 101), north of Calpella * * *.''
TTB believes this clarification does not relocate the viticultural
area's southern boundary as currently understood. However, TTB requests
comments from any Redwood Valley vintner who believes this proposed
change may affect their ability to use the Redwood Valley viticultural
area as an appellation of origin.
Submitting Comments
You may submit comments on this proposal by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this document within Docket No. TTB-
2013-0004 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
http://www.regulations.gov. A direct link to that docket is available
under Notice No. 135 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
document. Your comments must reference Notice No. 135 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. We do not acknowledge receipt of comments, and we consider
all comments as originals.
Your comment must clearly state if you are commenting on your own
behalf or on behalf of an organization, business, or other entity. If
you are commenting on behalf of an organization, business, or other
entity, your comment must include the entity's name as well as your
name and position title. If you comment via Regulations.gov, please
enter the entity's name in the ``Organization'' blank of the online
comment form. If you comment via postal mail, please submit your
entity's comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this document, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2013-0004 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. 135. 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 the ``Help'' tab at the
top of the page.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that it considers unsuitable for posting.
You also may view copies of this document, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments we receive 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
our 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
Karen A. Thornton of the Regulations and Rulings Division drafted
this document.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Amend Sec. 9.93 by revising paragraph (c)(7), redesignating
paragraphs (c)(8) through (19) as paragraphs (c)(16) through (27), and
adding new paragraphs (c)(8) through (15), and adding paragraph (d) to
read as follows:
Sec. 9.93 Mendocino.
* * * * *
(c) * * *
(7) Thence due west along the T.18N./T.17N. common line until the
common line intersects with the R.13W./R.12W. common line;
(8) Thence in a straight line in a south-southwesterly direction,
crossing onto the Willits map, to the intersection of the 1,600-foot
contour line and Baker Creek (within McGee Canyon) along the west
boundary line of Section 25, T.17N./R.13W.;
[[Page 38627]]
(9) Thence in a southeasterly direction (downstream) along Bakers
Creek to where the creek intersects with the 1,400-foot contour line in
Section 25, T.17N/R.13W.;
(10) Thence in a straight line in a southeasterly direction to the
southeast corner of Section 36, T.17N./R.13W.;
(11) Thence in a straight line in a west-southwesterly direction to
the intersection of U.S. Highway 101 and an unnamed road known locally
as Reeves Canyon Road in Section 1, T.16N./R.13W.;
(12) Thence in a straight line in a southeasterly direction to the
southeast corner of Section 1, T.16N./R.13W.;
(13) Thence in a straight line in a south-southwesterly direction
to the intersection of an unnamed, unimproved road and an unnamed,
intermittent stream, approximately 500 feet south of Seward Creek, in
section 12, T.16N./R.13W.;
(14) Thence in a straight line in a west-southwesterly direction to
the southwest corner of Section 12, T.16N./R.13W.;
(15) Thence in a straight line in a southwesterly direction to the
southwest corner of Section 14, T.16N./R.13W.;
* * * * *
(d) Transition period. A label containing the word ``Mendocino'' in
the brand name (other than in the phrase ``Mendocino County'' or
``Eagle Peak Mendocino County'') or as an appellation of origin
approved prior to [EFFECTIVE DATE OF THE FINAL RULE] may be used on
wine bottled before [DATE 2 YEARS FROM EFFECTIVE DATE OF THE FINAL
RULE] if the wine conforms to the standards for use of the label set
forth in Sec. 4.25 or Sec. 4.39(i) of this chapter in effect prior to
[EFFECTIVE DATE OF THE FINAL RULE].
0
3. Amend Sec. 9.153 by revising paragraphs (c)(1) through (9) and
adding paragraphs (c)(10) through (12) and (d) to read as follows:
Sec. 9.153 Redwood Valley.
* * * * *
(c) * * *
(1) The beginning point is in the northeastern portion of the Ukiah
map at the point where State Highway 20 crosses the R11W/R12W range
line along the south bank of the East Fork of the Russian River, T16N/
R12W. From the beginning point, proceed north along the R11W/R12W range
line, crossing onto the Redwood Valley map, to the northeast corner of
section 1, T16N/R12W; then
(2) Proceed west along the northern boundary of section 1 to the
section's northwest corner, T16N/R12W; then
(3) Proceed north along the eastern boundary lines of sections 35,
26, 23, 14, 11, and 2 to the T17N/T18N common boundary line at the
northeast corner of section 2, T17N/R12W; then
(4) Proceed west along the T17N/T18N common line to the northwest
corner of section 6, T17N/R12W; then
(5) Proceed south-southwesterly in a straight line, crossing onto
the Laughlin Range map, to the intersection of the 1,400-foot contour
line and Bakers Creek within McGee Canyon, section 25, T17N/R13W; then
(6) Proceed southeasterly in a straight line approximately 1.5
miles, crossing onto the Redwood Valley map, to the southeast corner of
section 36, T17N/R13W; then
(7) Proceed west-southwesterly in a straight line approximately
0.55 mile, crossing onto the Laughlin Range map, to the intersection of
U.S. Highway 101 and an unnamed road known locally as Reeves Canyon
Road, section 1, T16N/R13W; then
(8) Proceed southeasterly in a straight line approximately 0.9
mile, crossing onto the Redwood Valley map, to the southeast corner of
section 1, T16N/R13W; then
(9) Proceed south-southwesterly in a straight line approximately
0.65 mile to the intersection of an unnamed, unimproved road and an
unnamed, intermittent stream, approximately 500 feet south of Seward
Creek, section 12, T16N/R13W; then
(10) Proceed west-southwesterly in a straight line approximately
0.9 mile, crossing onto the Laughlin Range map, to the southwest corner
of section 12, T16N/R13W; then
(11) Proceed east-southeasterly in a straight line, crossing onto
the far northeastern corner of the Orrs Springs map, then continuing
onto the Ukiah map, to the intersection of State Highway 20 and a road
known locally as North State Street (old U.S. Highway 101), north of
Calpella, T16N/R12W; then
(12) Proceed easterly along State Highway 20, returning to the
beginning point.
(d) Transition period. A label containing the words ``Redwood
Valley'' in the brand name or as an appellation of origin approved
prior to [EFFECTIVE DATE OF THE FINAL RULE] may be used on wine bottled
before [DATE 2 YEARS FROM EFFECTIVE DATE OF THE FINAL RULE] if the wine
conforms to the standards for use of the label set forth in Sec. 4.25
or Sec. 4.39(i) of this chapter in effect prior to [EFFECTIVE DATE OF
THE FINAL RULE].
0
4. Add Sec. 9.---------- to read as follows:
Sec. 9. Eagle Peak Mendocino County.
(a) Name. The name of the viticultural area described in this
section is ``Eagle Peak Mendocino County''. For purposes of part 4 of
this chapter, ``Eagle Peak Mendocino County'' is a term of viticultural
significance.
(b) Approved maps. The four United States Geographical Survey
(USGS) 1:24,000 scale topographic maps used to determine the boundary
of the Eagle Peak Mendocino County viticultural area are titled:
(1) Laughlin Range, California, provisional edition 1991;
(2) Redwood Valley, Calif., 1960, photo revised 1975;
(3) Orrs Springs, California, provisional edition 1991; and
(4) Greenough Ridge, California, provisional edition 1991.
(c) Boundary. The Eagle Peak Mendocino County viticultural area is
located in Mendocino County, California. The boundary of the Eagle Peak
Mendocino County viticultural area is as follows:
(1) The beginning point is located on the Laughlin Range map within
McGee Canyon at the point where the 1,600-foot contour line intersects
with Bakers Creek near the western boundary of section 25, T17N/R13W.
From the beginning point, proceed southeasterly (downstream)
approximately 0.2 mile along Bakers Creek to the creek's intersection
with the 1,400-foot contour line, section 25, T17N/R13W; then
(2) Proceed southeasterly in a straight line approximately 1.5
miles, crossing onto the Redwood Valley map, to the southeast corner of
section 36, T17N/R13W; then
(3) Proceed west-southwesterly in a straight line approximately
0.55 mile, crossing onto the Laughlin Range map, to the intersection of
U.S. Highway 101 and an unnamed road locally known as Reeves Canyon
Road, section 1, T16N/R13W; then
(4) Proceed southeasterly in a straight line approximately 0.9
mile, crossing onto the Redwood Valley map, to the southeast corner of
section 1, T16N/R13W; then
(5) Proceed south-southwesterly in a straight line approximately
0.65 mile to the intersection of an unnamed, unimproved road and an
unnamed intermittent stream located approximately 500 feet south of
Seward Creek, section 12, T16N/R13W; then
(6) Proceed west-southwesterly in a straight line approximately 0.9
mile, crossing onto the Laughlin Ridge map,
[[Page 38628]]
to the southwest corner of section 12, T16N/R13W; then
(7) Proceed west-southwesterly in a straight line approximately 0.8
mile, crossing onto the Orrs Springs map, to the 1,883-foot elevation
point in section 14, T16N/R13W; then
(8) Proceed west-southwesterly in a series of three straight lines
(totaling approximately 3.15 miles in distance), first to the 1,836-
foot elevation point in section 15, T16N/R13W; then to the 1,805-foot
elevation point in section 16, T16N/R13W; and then to the 2,251-foot
elevation point in section 20, T16W/R13W; then
(9) Proceed south-southwesterly in a straight line approximately
0.8 mile to the 2,562-foot elevation point, section 20, T16N/R13W; then
(10) Proceed north-northwesterly in a straight line approximately
0.8 mile to the 2,218-foot elevation point, section 19, T16N/R13W; then
(11) Proceed northeasterly in a straight line approximately 0.35
mile to the 2,112-foot elevation point in the southeast corner of
section 18, T16N/R13W; then
(12) Proceed north-northeasterly in a straight line approximately
0.9 mile to the 2,344-foot elevation point, section 17, T16N/R13W; then
(13) Proceed northwesterly in a straight line approximately 1.8
miles, crossing onto the Laughlin Range map, to the intersection of the
R13W/R14W common boundary line and an unnamed, unimproved road east of
Leonard Lake, section 1, T16N/R14W; then
(14) Proceed west-northwesterly along the unnamed, unimproved road
to the road's intersection with the 2,000 foot contour line between
Leonard Lake and Mud Lake, section 1, T16N/R13W; then
(15) Proceed north-northwesterly in a straight line approximately
1.6 miles, crossing onto the Greenough Ridge map, to the 2,246-foot
elevation point, section 26, T17N/R14W; then
(16) Proceed northerly in a straight line approximately 0.9 mile to
the 2,214-foot elevation point, section 23, T17N/R14W; then
(17) Proceed northeasterly in a straight line approximately 1 mile,
crossing onto the Laughlin Range map, to the peak of Impassable Rocks,
section 24, T17N/R14W; then
(18) Proceed northwesterly in a straight line approximately 0.95
mile, crossing onto the Greenough Ridge map, to the 2,617-foot
elevation point, section 14, T17N/R14W, and continue northwesterly in a
straight line approximately 0.8 mile to the 2,836-foot elevation point
of Irene Peak, section 11, T17N/R14W; then
(19) Proceed northerly in a straight line approximately 1 mile to
the intersection of 3 unnamed unimproved roads approximately 0.3 mile
west of the headwaters of Walker Creek (locally known as the
intersection of Blackhawk Drive, Walker Lake Road, and Williams Ranch
Road) section 2, T17N/R14W; then
(20) Proceed easterly along the unnamed improved road, locally
known as Blackhawk Drive, approximately 1.35 miles, crossing onto the
Laughlin range map, to the road's intersection with the section 2
eastern boundary line, T17N/R14W; then
(21) Proceed east-northeasterly in a straight line approximately
0.75 mile, returning to the 2,213 elevation point near the northeast
corner of section 1, T17N/R14W; then
(22) Proceed southeasterly in a straight line approximately 3.55
miles to BM 1893 (0.2 mile south of Ridge) in section 16, T17N/R13W,
and then continue southeasterly in a straight line approximately 0.85
mile to a radio facility located at approximately 2,840 feet in
elevation in the Laughlin Range, section 15, T17N/R13W; then
(23) Proceed easterly in a straight line approximately 0.85 mile to
another radio facility located at approximately 3,320 feet in elevation
in the Laughlin Range, section 14, T17N/R13W; then
(24) Proceed southerly in a straight line approximately 1.5 miles
to the 2,452-foot elevation point in section 26, T17N/R13W; then
(25) Proceed southeasterly in a straight line approximately 0.4
mile to the intersection of the 1,800-foot contour line with Bakers
Creek within McGee Canyon, section 26, T17N/R13W; then
(26) Proceed southeasterly (downstream) approximately 0.2 mile
along Bakers Creek, returning to the beginning point.
Dated: June 18, 2013.
John J. Manfreda,
Administrator.
[FR Doc. 2013-15247 Filed 6-26-13; 8:45 am]
BILLING CODE 4810-31-P