[Federal Register Volume 80, Number 3 (Tuesday, January 6, 2015)]
[Rules and Regulations]
[Pages 400-402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30942]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2014-0005; T.D. TTB-126; Ref: Notice No. 143]
RIN 1513-AC07
Expansion of the Fair Play Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
expanding the approximately 33-square mile ``Fair Play'' viticultural
area in El Dorado County, California, by 1,200 acres (approximately 2
square miles). The established viticultural area and the expansion area
are both located entirely within the larger El Dorado and Sierra
Foothills viticultural areas. 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.
DATES: This final rule is effective February 5, 2015.
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
December 10, 2013, 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) authorizes 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 the standards for the preparation and submission of petitions for
the establishment or modification of American viticultural areas (AVAs)
and lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and a name
[[Page 401]]
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 the wine's geographic origin. The establishment of
AVAs allows vintners to describe more accurately the origin of their
wines to consumers and helps consumers to identify wines they may
purchase. Establishment of an AVA is neither an approval nor an
endorsement by TTB of the wine produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Petitioners may use the same process to request changes
involving established AVAs. Section 9.12 of the TTB regulations (27 CFR
9.12) prescribes standards for petitions for modifying established
AVAs. Petitions to expand an established AVA must include the
following:
Evidence that the area within the proposed expansion area
boundary is nationally or locally known by the name of the established
AVA;
An explanation of the basis for defining the boundary of
the proposed expansion area;
A narrative description of the features of the proposed
expansion area that affect viticulture, such as climate, geology,
soils, physical features, and elevation, that make the proposed
expansion area similar to the established AVA and distinguish it from
adjacent areas outside the established AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed expansion area, with the
boundary of the proposed expansion area clearly drawn thereon; and
A detailed narrative description of the proposed expansion
area boundary based on USGS map markings.
Petition To Expand the Fair Play AVA
TTB received a petition from Randy and Tina Rossi, owners of Saluti
Cellars winery and vineyard, proposing that the established Fair Play
AVA in El Dorado County, California, be expanded. The Fair Play AVA (27
CFR 9.168) was established by T.D. ATF-440, which was published in the
Federal Register on February 26, 2001 (66 FR 11539). The Fair Play AVA
contains approximately 250 acres of commercially producing vineyards
and covers approximately 33 square miles in southern El Dorado County,
California, around the small, unincorporated community of Fair Play.
The proposed expansion area and the established AVA are both located
within the El Dorado AVA (27 CFR 9.61), which, in turn, is within the
larger, multicounty Sierra Foothills AVA (27 CFR 9.120). The Fair Play
AVA and the proposed expansion area do not overlap any other
established or proposed AVAs.
The proposed expansion area is adjacent to the northeast corner of
the established Fair Play AVA boundary and covers approximately 1,200
acres (approximately 2 square miles). One commercial vineyard, Saluti
Cellars, is within the proposed expansion area. The petition included a
letter from the president of the Fair Play Winery Association in
support of the proposed expansion.
According to the petition, the soils, topography, and climate of
the proposed expansion area are similar to those of the established
Fair Play AVA. The proposed expansion area and the established AVA are
both regions of steep hillsides and ridge tops with elevations between
2,000 and 3,000 feet. The soils of the proposed expansion area and the
established AVA are deep, well-drained sandy loams and coarse sandy
loams derived mainly from granite, with the Holland, Musick, and Shaver
soil series being the most prevalent soil series. Finally, the proposed
expansion area and the Fair Play AVA both have growing seasons of
between 230 and 250 days and receive between 35 and 40 inches of rain
annually.
Although the proposed expansion area is more similar to the Fair
Play AVA than the surrounding regions, the proposed expansion area
still shares some of the features of the surrounding El Dorado and
Sierra Foothills AVAs. For example, the well-drained sandy loam soils
that characterize the proposed expansion area are also found in limited
amounts within the two larger AVAs, although the most common soils
within the El Dorado and Sierra Foothills AVA are poorly drained
volcanic soils. The proposed expansion area is a region of rolling
hills that become progressively steeper, similar to the topography of
the El Dorado and Sierra Foothills AVAs. However, the range of
elevations within the smaller proposed expansion area is not as great
as within the two larger AVAs, which have elevations ranging from 500
to 3,500 feet. Finally, although the range of annual rainfall amounts
and the growing season lengths within the proposed expansion area and
the Fair Play AVA are within the ranges of those of the larger El
Dorado and Sierra Foothills AVA, the wider range of elevations within
the two larger AVAs results in a much wider range of precipitation
amounts and growing season lengths.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 143 in the Federal Register on June 17,
2014 (79 FR 34474), proposing to expand the Fair Play AVA. In the
notice, TTB summarized the evidence from the petition regarding the
name, boundary, and distinguishing features for the proposed expansion
area. For a detailed description of the evidence relating to the name,
boundary, and distinguishing features of the proposed expansion area,
and for a comparison of the distinguishing features of the proposed
expansion area to the surrounding areas and to the established Fair
Play AVA, see Notice No. 143.
In Notice No. 143, TTB solicited comments on the accuracy of the
name, boundary, climatic, and other required information submitted in
support of the petition. The comment period closed on August 18, 2014.
TTB received no comments in response to Notice No. 143.
TTB Determination
After careful review of the petition, TTB finds that the soil,
climate, and topography evidence provided by the petitioner
sufficiently demonstrates that although the proposed expansion area
shares some of the broader characteristics of the larger El Dorado and
Sierra Foothills AVAs, it is also similar to the established Fair Play
AVA and should also be recognized as part of that AVA. Accordingly,
under the authority of the FAA Act, section 1111(d) of the Homeland
Security Act of 2002, and part 4 of the TTB regulations, TTB expands
the 33-square mile ``Fair Play'' AVA to include the approximately 2-
square mile expansion area as described in Notice No. 143, effective 30
days from the publication date of this document.
Boundary Description
See the narrative description of the boundary of the AVA expansion
in the regulatory text published at the end of this final rule.
Maps
The petitioner provided the required maps, and they are listed
below in the regulatory text.
[[Page 402]]
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in Sec.
4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)). If the wine is
not eligible for labeling with an AVA name and that name appears in the
brand name, then the label is not in compliance, and the bottler must
change the brand name and obtain approval of a new label. Similarly, if
the AVA name appears in another reference on the label in a misleading
manner, the bottler would have to obtain approval of a new label.
Different rules apply if a wine has a brand name containing an AVA name
that was used as a brand name on a label approved before July 7, 1986.
See Sec. 4.39(i)(2) of the TTB regulations (27 CFR 4.39(i)(2)) for
details.
The expansion of the Fair Play AVA will not affect any other
existing AVA, and bottlers using ``Fair Play,'' ``El Dorado,'' or
``Sierra Foothills'' as an appellation of origin or in a brand name for
wines made from grapes within the ``Fair Play,'' ``El Dorado,'' or
``Sierra Foothills'' AVAs will not be affected by this expansion of the
Fair Play AVA. The expansion of the Fair Play AVA will allow vintners
to use ``Fair Play,'' ``El Dorado,'' or ``Sierra Foothills'' as
appellations of origin for wines made primarily from grapes grown
within the expansion area if the wines meet the eligibility
requirements for the appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of an AVA
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
It has been determined that this rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Section 9.168 is amended by revising paragraphs (b), (c)(4) through
(c)(7), (c)(12), and (c)(13) to read as follows:
Sec. 9.168 Fair Play.
(a) * * *
(b) Approved maps. The four United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Fair Play viticultural area are titled:
(1) Aukum, Calif., 1952 (photorevised 1973);
(2) Camino, CA, 1952 (photorevised 1973);
(3) Sly Park, CA, 1952 (photorevised 1973); and
(4) Omo Ranch, Calif., 1952 (photorevised 1973).
(c) * * *
(4) The boundary continues east along Grizzly Flat Road to its
intersection with the 2,200-foot contour line (``Camino Quadrangle'');
(5) The boundary continues northeasterly and then easterly along
the 2,200-foot contour line until the contour line intersects with
Jackass Canyon Creek near the eastern boundary of Section 10, T. 9 N.,
R. 12. E., on the ``Camino Quadrangle'' map;
(6) The boundary then proceeds southeast along Jackass Canyon
Creek, crossing over the southwestern corner of the ``Sly Park''
Quadrangle map and onto the ``Omo Ranch'' Quadrangle map, to the
headwaters of the creek, then proceeds in a straight line southeast to
Grizzly Flat Road in Section 24, T. 9 N., R. 12 E.;
(7) The boundary continues east along Grizzly Flat Road until the
road intersects with the range line between R. 12 E. and R. 13 E.
(``Omo Ranch Quadrangle'');
* * * * *
(12) The boundary continues west along the South Fork of the
Cosumnes River to its intersection with the western boundary of Section
14, T. 8 N., R 11 E. (``Aukum Quadrangle'');
(13) The boundary then proceeds north along the western boundary
lines of Sections 14, 11, and 2, T. 8 N., R 11 E., and then the western
boundary lines of Sections 35 and 26, T. 9 N., R 11 E., to return to
the beginning point (``Aukum Quadrangle'').
Signed: October 14, 2014.
John J. Manfreda,
Administrator.
Approved: November 18, 2014.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2014-30942 Filed 1-5-15; 8:45 am]
BILLING CODE 4810-31-P