Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules 19895 

(p) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2013–0232R1, dated 

October 2, 2013, for related information. This 

MCAI may be found in the AD docket on the 

Internet at http://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2015–0824. 

(2) For service information identified in 

this AD, contact Airbus SAS, Airworthiness 

Office—EAW, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; email account.airworth-eas@

airbus.com; Internet http://www.airbus.com. 

You may view this service information at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on March 

27, 2015. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–08071 Filed 4–13–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2015–0007; Notice No. 

151] 

RIN 1513–AC17 

Proposed Establishment of the 

Lamorinda Viticultural Area 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) proposes to 

establish the approximately 29,369-acre 

‘‘Lamorinda’’ viticultural area in Contra 

Costa County, California. The proposed 

viticultural area lies entirely within the 

larger San Francisco Bay viticultural 

area and the multicounty Central 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: Comments must be received by 

June 15, 2015. 

ADDRESSES: Please send your comments 

on this notice to one of the following 

addresses: 

• Internet: http://www.regulations.gov 

(via the online comment form for this 

notice as posted within Docket No. 

TTB–2015–0007 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 

200–E, Washington, DC 20005. 

See the PUBLIC PARTICIPATION section 

of this notice for specific instructions 

and requirements for submitting 

comments, and for information on how 

to request a public hearing or view or 

obtain copies of the petition and 

supporting materials. 

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 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 TTB to establish 

definitive viticultural areas and regulate 

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 (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 

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 grapegrowing region as an AVA. Section 9.12 

of the TTB regulations (27 CFR 9.12) 

prescribes the standards for petitions for 

the establishment or modification of 

AVAs. Petitions to establish an AVA 

must include the following: 

• Evidence that the area within the 

proposed AVA boundary is nationally 

or locally known by the AVA name 

specified in the petition; 

• An explanation of the basis for 

defining the boundary of the proposed 

AVA; 

• A narrative description of the 

features of the proposed AVA affecting 

viticulture, such as climate, geology, 

soils, physical features, and elevation, 

that make the proposed AVA distinctive 

and distinguish it from adjacent areas 

outside the proposed AVA boundary; 

• The appropriate United States 

Geological Survey (USGS) map(s) 

showing the location of the proposed 

AVA, with the boundary of the 

proposed AVA clearly drawn thereon; 

and 

• A detailed narrative description of 

the proposed AVA boundary based on 

USGS map markings. 

Lamorinda Petition 

TTB received a petition from Patrick 

L. Shabram, on behalf of the Lamorinda 

Wine Growers Association, proposing 

the establishment of the ‘‘Lamorinda’’ 

AVA. The proposed Lamorinda AVA is 

located in Contra Costa County, 

California, and contains the cities of 

Lafayette, Moraga, and Orinda. The 


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proposed viticultural area lies in the 

northeast portion of the San Francisco 

Bay AVA (27 CFR 9.157) and also 

within the larger, multicounty Central 

Coast AVA (27 CFR 9.75). 

The proposed AVA contains 

approximately 29,369 acres and has 46 

commercially producing vineyards that 

cover approximately 139 acres. The 

petition states that the individual 

vineyards are small, each covering less 

than 5 acres, due to the hilly terrain and 

the largely suburban nature of the 

region. However, three much larger 

commercial vineyards covering a total of 

130 acres are either in the early 

development or public review stages. 

There also are six bonded wineries 

currently within the proposed AVA. 

According to the petition, the 

distinguishing features of the proposed 

Lamorinda AVA include its topography, 

soils, geology, and climate. Unless 

otherwise noted, all information and 

data pertaining to the proposed 

viticultural area contained in this 

document are from the petition for the 

proposed Lamorinda AVA and its 

supporting exhibits, which may be 

viewed in Docket No. TTB–2015–0007 

at Regulations.gov. 

Name Evidence 

The proposed Lamorinda AVA takes 

its name from a commonly used 

portmanteau derived from the names of 

the three cities within the region: 

Lafayette (‘‘La’’), Moraga (‘‘mor’’), and 

Orinda (‘‘inda’’). As evidence of the use 

of the name ‘‘Lamorinda’’ in this region, 

the petition included a Rand McNally 

map of the region titled ‘‘Lamorinda.’’ 

The petition also included a listing of 

publications, sports clubs, businesses, 

and organizations within the proposed 

AVA that use the name ‘‘Lamorinda.’’ 

For example, a biweekly newspaper 

entitled Lamorinda Weekly and a Web 

site known as Lamorinda Web both 

provide news and information about the 

community. The Lamorinda Soccer 

Club, the Lamorinda Baseball Club, and 

the Lamorinda Rugby Football Club are 

all youth sports organizations in the 

region. A local transportation service 

known as the Lamorinda Spirit Van 

provides transportation for the elderly 

and individuals with disabilities within 

the region of the proposed AVA. Other 

businesses and organizations cited in 

the petition include Lamorinda Moms, 

Lamorinda Democratic Club, Lamorinda 

Sunrise Rotary, Lamorinda Music, 

Lamorinda Pediatrics, Lamorinda 

Theatre Academy, and Lamorinda Solar. 

Boundary Evidence 

The proposed Lamorinda AVA is 

comprised of hilly-to-mountainous 

terrain and occupies an area described 

in the petition as suburban. Elevations 

range from approximately 220 feet along 

Las Trampas Creek, which runs through 

the city of Lafayette in the eastern 

portion of the proposed AVA, to a 

2,024-foot peak on Rocky Ridge in the 

southeastern corner of the proposed 

AVA. 

The eastern boundary of the proposed 

Lamorinda AVA follows a series of 

straight lines drawn along the ridgeline 

that separates the city of Walnut Creek, 

which lies just outside the boundary, 

from the city of Lafayette. The proposed 

eastern boundary also separates the 

hilly terrain of the proposed AVA from 

the flatter, lower elevations of the 

Ygnacio Valley and the San Ramon 

Valley. The proposed southern 

boundary follows a series of straight 

lines drawn between peaks to separate 

the proposed AVA from the more 

rugged, mountainous terrain to the 

south. The proposed western boundary 

follows a series of lines drawn between 

mountain peaks to follow the Gudde 

Ridge, which separates the proposed 

AVA from the Berkeley Hills and 

Oakland Highlands, both of which lie 

west of the proposed AVA. West of the 

Berkeley Hills and Oakland Highlands, 

the land slopes sharply towards the 

flatter, lower terrain surrounding San 

Leandro Bay and San Francisco Bay. 

The proposed northern boundary 

follows a portion of the corporate 

boundary line of the city of Orinda and 

a series of straight lines drawn between 

unnamed peaks whose elevations are 

marked on the USGS maps. The 

proposed boundary separates the 

proposed AVA from the lower, slightly 

cooler region surrounding the Briones 

Reservoir, the San Pablo Reservoir, and 

Suisun Bay, which all lie just north of 

the proposed AVA. 

Distinguishing Features 

The distinguishing features of the 

proposed Lamorinda AVA include its 

topography, soils, geology, and climate. 

Topography 

The proposed Lamorinda AVA is 

characterized by hilly-to-mountainous 

terrain, with a number of moderate-tosteep slopes throughout the region. 

Valleys within the proposed AVA tend 

to be very narrow. The high ridgelines 

that form the northern and western 

boundaries of the proposed AVA limit 

the amount of cool marine air that 

enters the region, giving the proposed 

AVA a warmer climate than the regions 

to the north and west. 

According to the petition, the hilly 

terrain of the proposed AVA affects 

viticulture. All vineyards within the 

proposed AVA are located on hillsides 

because the valley floors are too narrow 

for commercial viticulture. Because of 

the steepness of the hillsides, machinery 

cannot be used safely in the vineyards. 

Therefore, all vineyard work, including 

harvesting, must be done by hand. The 

inability to use machinery keeps the 

vineyards small. The steep hillsides also 

promote airflow within the vineyards, 

which dries and cools the vines and 

reduces the risk of mildew. Finally, the 

hilly terrain is suitable for growing both 

cool- and warm-climate varietals, 

sometimes within the same vineyard. As 

an example of cool- and warm-climate 

grapes growing in the same vineyard, 

the petition cites the Captain Vineyards 

in Moraga, which grows both Pinot Noir 

and Cabernet Sauvignon. The steepness 

of the vineyard means vines planted on 

the lower portions of the hillsides 

receive less sunlight, making the 

temperature cool enough to grow coolclimate grapes such as Pinot Noir. By 

contrast, the hilltops receive more 

sunlight, which raises the temperature 

enough to grow warm-climate grapes 

such as Cabernet Sauvignon. 

The hilly-to-mountainous topography 

of the proposed Lamorinda AVA 

contrasts with the terrain of the 

surrounding regions. To the north, the 

terrain becomes flatter as the land 

slopes down towards Suisun Bay. To 

the immediate east of the proposed AVA 

are the Ygnacio Valley and San Ramon 

Valley, which both have flatter terrain 

than the proposed AVA. To the 

immediate south of the proposed AVA, 

the topography is more mountainous 

and rugged than within the proposed 

AVA. To the west, the Berkeley Hills 

and Oakland Hills give way to the flat 

coastal terrain along San Leandro Bay 

and San Francisco Bay. 

In addition to having a distinctive 

topography, the proposed Lamorinda 

AVA also has a suburban land use 

pattern that is distinct from many other 

AVAs. According to the petition, 79.5 

percent of the proposed AVA is located 

within the city limits of Lafayette, 

Moraga, and Orinda. However, the 

petition also notes that the proposed 

AVA has semi-rural characteristics, with 

homes on large lots and a low 

population density. As a result, property 

owners often have room to plant 

vineyards that are large enough to allow 

for commercial viticulture. The petition 

states that the areas to the immediate 

east and west of the proposed AVA are 

more urban than the proposed AVA, 

with higher population densities and 

land that is subdivided into much 

smaller lots than the land within the 

proposed Lamorinda AVA. Therefore, 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules 19897 

1 In the Winkler climate classification system, 

annual heat accumulation during the growing 

season, measured in annual GDDs, 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. See Albert J. Winkler, General 

Viticulture (Berkeley: University of California Press, 

1974), pages 61–64. 

commercial viticulture is not possible 

within those areas. 

Soils 

According to a geological report 

included with the petition as Exhibit B, 

the soils of the proposed Lamorinda 

AVA are classified as mollisols and 

vertisols. Mollisols are soils that are 

high in organic material and calcium 

and are common in areas where grass is 

the predominant native vegetation. 

Vertisols, the predominant soils in the 

proposed AVA, have high levels of clay 

and are known to shrink and form deep 

cracks during dry periods. The high clay 

content in the soils of the proposed 

AVA is attributable to the weathering of 

the clay-rich Orinda Formation that 

underlies the region. 

The most prevalent soil series within 

the proposed AVA are Los Osos clay 

loam, Lodo clay loam, Alo clay, Sehorn 

clay, and Altamont-Fontana Complex. 

Clay-rich soils such as these typically 

have high water-holding capacities, 

which can reduce the sugar content of 

the grapes and increase the risk of 

diseases and rot in vineyards. However, 

the soils of the proposed Lamorinda 

AVA have lower than expected waterholding capacities because the thinness 

of the soils, the steepness of the terrain, 

and the presence of sand in the soils all 

allow for the rapid runoff of excess 

water. The thinness of the soils also has 

the added effect of preventing the vines 

from growing too vigorously. 

The soils of the proposed Lamorinda 

AVA are distinctive from the soils in the 

surrounding regions. The soils to the 

west, south, and southeast of the 

proposed AVA are formed from a 

combination of sedimentary and 

volcanic materials. To the north of the 

proposed Lamorinda AVA, the soils 

along the Suisun Bay are fine-grained 

bay mud, which is unsuitable for 

viticulture due to its high water-holding 

capacity. To the east in the Ygnacio 

Valley, the soils are deeper, coarser 

alluvial deposits. 

Geology 

The dominant geological formation of 

the proposed AVA is the Orinda 

Formation. Other major geological 

formations within the proposed AVA 

include the Briones Formation and the 

Mulholland Formation. All three of 

these underlying geological formations 

contain large amounts of sedimentary 

rocks, including sandstone. Other 

sedimentary rocks present within these 

formations include shale, which is 

common in the Mulholland Formation, 

and claystone casts, which are present 

in large numbers in the Orinda 

Formation. 

The proposed Lamorinda AVA is 

bordered by two major faults. The 

Hayward Fault lies to the west of the 

proposed AVA and passes through the 

cities of Oakland and Berkeley. The 

Calaveras Fault runs east of the 

proposed AVA and through the city of 

Walnut Creek. The two faults angle 

toward each other and merge south of 

the proposed AVA. Millions of years 

ago, seismic activity in the Hayward 

Fault led to the uplifting of the Berkeley 

Hills and the formation of a restricted 

marine basin in the region of the 

proposed AVA. A restricted marine 

basin is a body of saltwater or brackish 

water that has more water flowing into 

the basin than out of it, due to the 

surrounding topography. Fine materials 

weathering from the Berkeley Hills, to 

the west, and the foothills of Mount 

Diablo, to the southeast, settled in this 

basin and led to the creation of the 

Orinda Formation. Eventually, the basin 

was completely restricted and became a 

shallow lake. The deposition of 

weathered material into this shallow 

lake created the Mulholland Formation. 

Over time, seismic activity along the 

Hayward Fault and the Calaveras Fault 

uplifted the bottom of the shallow lake, 

draining the lake and forming the hilly 

terrain that is characteristic of the 

proposed Lamorinda AVA. 

To the east of the proposed 

Lamorinda AVA, the dominant 

geological formation is the Tassajara– 

Green Valley Formation, which consists 

of mudstone, sandstone, and small 

amounts of volcanic material. To the 

south of the proposed AVA, the Orinda, 

Briones, and Mulholland Formations 

continue to dominate, eventually giving 

way to the Forearc Assemblage. To the 

west, the dominant geologic formations 

are the Forearc Assemblage, the 

Franciscan Formation, and the Great 

Valley Ophiolite, along with the Moraga 

Formation and Siesta Formation. To the 

north, the Briones and Monterey 

Formations dominate and eventually 

give way to Forearc Assemblage. 

The geology of the proposed 

Lamorinda AVA affects viticulture 

indirectly through its role in forming the 

terrain and soils of the region. Erosion 

of the Orinda Formation led to the 

formation of the proposed AVA’s clayrich soils with high water-holding 

capacities. The uplifting of the floor of 

the ancient lake created the steep, hilly 

terrain of the proposed AVA. The 

steepness of the hills provides good 

drainage and limits the depth of the 

soils, both of which help mitigate the 

high water-holding capacity of the soils 

in the proposed AVA. Finally, the hills 

of the proposed AVA allow for good 

airflow in vineyards and provide a 

variety of slope aspects that are suitable 

for growing a wide variety of grapes. 

Climate 

Ridgelines shelter the proposed 

Lamorinda AVA from much of the 

diurnal fog and cool marine air moving 

inland from San Francisco Bay, San 

Pablo Bay, and Suisun Bay. While some 

marine air enters the proposed AVA 

through narrow creek valleys and wind 

gaps, the region is less exposed to the 

cool air as the regions along the bays. 

Additionally, the small amount of 

daytime fog that enters the proposed 

AVA is thin and burns off quickly, 

unlike the heavier, longer-lasting fog of 

the coastal areas. As a result, the 

proposed AVA receives more sunlight 

and has generally warmer temperatures 

than the surrounding regions, except for 

the regions farther inland, which receive 

very little, if any, marine air and fog. 

The proposed AVA does receive some 

nocturnal fog, although the petition 

states that nocturnal fog has a different 

effect on temperatures than diurnal fog. 

Diurnal fog usually lowers daytime 

temperatures by blocking the sunlight. 

By contrast, nocturnal fog has a modest 

warming effect on nighttime 

temperatures. When the heat that has 

been absorbed by soil during the day is 

released back into the air at night, 

nocturnal fog acts as a blanket, trapping 

the heat closer to the ground and 

preventing it from dissipating. 

The petition included annual growing 

degree day (GDD) 1 data from eight 

weather stations within and around the 

proposed Lamorinda AVA. The data 

from all eight stations is contained in 

Exhibit C of the petition. Of the four 

stations that had complete data from 

2007 to 2011, the data showed that the 

proposed AVA had the highest GDD 

accumulations over that period, which 

substantiates the petition’s claim that 

the proposed AVA is sheltered from 

cooling marine air and diurnal fog more 

so than surrounding areas. The 

following table from the petition 

summarizes the GDD data from the four 

stations that had complete data from 

2007 to 2011. 


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2 Data from the East Bay Municipal Utility District 

(EBMUD) station located at the reservoir. 3 Data from the California Irrigation Management 

Information System (CIMIS) station #147 (‘‘Oakland 

Foothills’’) on the campus of Mills College in 

Oakland, CA. 4 Data from the CIMIS station #170 (‘‘Concord’’) 

on the Diablo Creek Golf Course in Concord, CA. 5 Data from the CIMIS station #191 (‘‘Pleasanton’’) 

located in Alameda County, CA. 6EBMUD station at San Pablo Reservoir (northnorthwest of proposed AVA), EBMUD station at 

Briones Reservoir (north of proposed AVA), 

EBMUD station at Upper San Leandro Reservoir 

(south of proposed AVA), and CMIS station #47 

(‘‘Brentwood’’) in Brentwood (east of proposed 

AVA). 

ANNUAL GROWING DEGREE DATA FROM 2007–2011 

Year 

Lafayette 

Reservoir 2

(within proposed 

AVA) 

Oakland Foothills 3

(South-southwest of 

proposed AVA) 

Concord 4

(Northwest of 

proposed AVA) 

Pleasanton 5

(Southeast of 

proposed AVA) 

2007 ................................................................................. 2,928 2,187 3,024 2,863 

2008 ................................................................................. 3,325 2,479 3,209 3,068 

2009 ................................................................................. 3,215 2,367 3,068 3,090 

2010 ................................................................................. 2,816 2,103 2,664 2,599 

2011 ................................................................................. 2,995 2,173 2,778 2,842 

The datafrom the remaining four 

weather stations 6 outside the proposed 

AVA was incomplete for the years 

between 2007 and 2011. However, the 

data that was provided also shows that 

the proposed AVA had higher GDD 

accumulations than three of those 

stations. The fourth station, located in 

Brentwood, California, which is to the 

east of the proposed AVA, had higher 

GDD accumulations than the proposed 

AVA. This further substantiates the 

petition’s claim that areas outside of the 

proposed AVA, such as Brentwood and 

other areas located much farther inland, 

differ in that they receive less marine air 

and fog than the proposed AVA. 

The warm temperatures, high GDD 

accumulations, and lack of diurnal fog 

in the proposed Lamorinda AVA have 

an effect on viticulture. Slowermaturing varieties of grapes have ample 

time to ripen because the warm 

temperatures and plentiful sunlight 

allow for long days of photosynthesis. 

By contrast, slower-maturing varieties of 

grapes are less likely to ripen 

successfully in the cooler, foggier 

regions to the north, south, and west of 

the proposed AVA because lower 

temperatures and lower levels of 

sunlight interrupt photosynthesis. 

Summary of Distinguishing Features 

In summary, the evidence provided in 

the petition indicates that the 

geographic features of the proposed 

Lamorinda AVA are distinguishable 

from those of the surrounding regions. 

The terrain of the proposed AVA is 

moderate-to-steep hills, which contrasts 

with the steeper, more rugged terrain to 

the south and west and the lower, flatter 

plains to the north and east. The soils 

of the proposed AVA are high in clay, 

whereas volcanic materials are present 

in the soils to the south and west and 

alluvial deposits are prominent to the 

north and east. The dominant geological 

formation of the proposed Lamorinda 

AVA is the Orinda Formation, whereas 

the Tassajara–Green Valley Formation is 

prominent to the east and the Forearc 

Assemblage dominates the regions to 

the north, west, and south. Finally, the 

surrounding regions are more exposed 

to marine air and fog and have lower 

GDD accumulations than the proposed 

AVA. 

Comparison of the Proposed Lamorinda 

Viticultural Area to the Existing San 

Francisco Bay and Central Coast AVAs 

San Francisco Bay AVA 

The San Francisco Bay AVA was 

established by T.D. ATF–407, which 

was published in the Federal Register 

on January 20, 1999 (64 FR 3024). 

According to T.D. ATF–407, the San 

Francisco Bay AVA is distinguished by 

a climate that is heavily influenced by 

marine air and fog from San Francisco 

Bay and the Pacific Ocean. The presence 

of stream valleys and wind gaps in the 

region allows limited amounts of marine 

air and fog to travel beyond the coastal 

mountains and into the interior regions 

of the AVA. However, as one travels 

easterly from the coastline, the climate 

generally becomes drier and warmer as 

the marine influence diminishes. 

The proposed Lamorinda AVA is 

located in the eastern portion of the San 

Francisco Bay AVA and shares some 

broad characteristics of the larger San 

Francisco Bay AVA. While the proposed 

Lamorinda AVA receives some marine 

air that enters the region through stream 

valleys and wind gaps, much of the 

cooling air is blocked by the higher 

elevations that surround the proposed 

AVA to the north, west, and south. The 

proposed AVA also experiences some 

light nocturnal marine fog, but the 

heavy diurnal fog that characterizes the 

more coastal portions of the San 

Francisco Bay AVA seldom occurs. 

Central Coast AVA 

The large, 1 million-acre Central Coast 

AVA was established by T.D. ATF–216, 

which was published in the Federal 

Register on October 24, 1985 (50 FR 

43128). The Central Coast viticultural 

area encompasses the California 

counties of Alameda, Contra Costa, 

Monterey, San Benito, San Francisco, 

San Luis Obispo, San Mateo, Santa 

Barbara, Santa Clara, and Santa Cruz, 

and it contains 28 established AVAs. 

T.D. ATF–216 describes the Central 

Coast viticultural area as extending from 

Santa Barbara to the San Francisco Bay 

area, and east to the California Coastal 

Ranges. The only distinguishing feature 

of the California Coast AVA addressed 

in T.D. ATF–216 is that all of the 

included counties experience marine 

climate influence due to their proximity 

to the Pacific Ocean. 

The proposed Lamorinda AVA is 

located within the Central Coast AVA 

and, like the larger AVA, experiences 

mild marine breezes and nocturnal 

marine fog. However, due to its much 

smaller size, the proposed AVA has 

greater uniformity in geographical 

features such as topography, 

temperature, and soils, than the larger, 

multicounty Central Coast AVA. 

TTB Determination 

TTB concludes that the petition to 

establish the approximately 29,369-acre 

Lamorinda AVA merits consideration 

and public comment, as invited in this 

notice of proposed rulemaking. 

Boundary Description 

See the narrative description of the 

boundary of the petitioned-for 

viticultural area in the proposed 

regulatory text published at the end of 

this proposed rule. 

Maps 

The petitioner provided the required 

maps, and they are listed below in the 

proposed regulatory text. 


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Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules 19899 

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 § 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 or 

other viticulturally significant term that 

was used as a brand name on a label 

approved before July 7, 1986. See 

§ 4.39(i)(2) of the TTB regulations (27 

CFR 4.39(i)(2)) for details. 

If TTB establishes this proposed AVA, 

its name, ‘‘Lamorinda,’’ will be 

recognized as a name of viticultural 

significance under § 4.39(i)(3) of the 

TTB regulations (27 CFR 4.39(i)(3)). The 

text of the proposed regulation clarifies 

this point. Consequently, wine bottlers 

using the name ‘‘Lamorinda’’ 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 AVA 

as an appellation of origin if this 

proposed rule is adopted as a final rule. 

The approval of the proposed 

Lamorinda AVA would not affect any 

existing viticultural area, and any 

bottlers using ‘‘San Francisco Bay’’ or 

‘‘Central Coast’’ as an appellation of 

origin or in a brand name for wines 

made from grapes grown within the San 

Francisco Bay or Central Coast AVAs 

would not be affected by the 

establishment of this new AVA. The 

establishment of the proposed 

Lamorinda AVA would allow vintners 

to use ‘‘Lamorinda,’’ ‘‘San Francisco 

Bay,’’ and ‘‘Central Coast’’ as 

appellations of origin for wines made 

from grapes grown within the proposed 

Lamorinda AVA, if the wines meet the 

eligibility requirements for the 

appellation. 

Public Participation 

Comments Invited 

TTB invites comments from interested 

members of the public on whether it 

should establish the proposed AVA. 

TTB is also interested in receiving 

comments on the sufficiency and 

accuracy of the name, boundary, soils, 

climate, and other required information 

submitted in support of the petition. In 

addition, given the proposed Lamorinda 

AVA’s location within the existing San 

Francisco Bay and Central Coast AVAs, 

TTB is interested in comments on 

whether the evidence submitted in the 

petition regarding the distinguishing 

features of the proposed AVA 

sufficiently differentiates it from the 

existing San Francisco Bay and Central 

Coast AVAs. TTB also is interested in 

comments whether the geographic 

features of the proposed AVA are so 

distinguishable from the surrounding 

San Francisco Bay and Central Coast 

AVAs that the proposed Lamorinda 

AVA should no longer be part of those 

AVAs. Please provide any available 

specific information in support of your 

comments. 

Because of the potential impact of the 

establishment of the proposed 

Lamorinda AVA on wine labels that 

include the term ‘‘Lamorinda’’ 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 AVA 

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 AVA will 

have on an existing viticultural 

enterprise. TTB also is interested in 

receiving suggestions for ways to avoid 

conflicts, for example, by adopting a 

modified or different name for the AVA. 

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–2015–0007 on 

Regulations.gov, the Federal erulemaking portal, at http://

www.regulations.gov. A direct link to 

that docket is available under Notice 

No. 151 on the TTB Web site at 

http://www.ttb.gov/wine/winerulemaking.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. 

• 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 200–E, Washington, 

DC 20005. 

Please submit your comments by the 

closing date shown above in this notice. 

Your comments must reference Notice 

No. 151 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. 

In your comment, please clearly state 

if you are commenting for yourself or on 

behalf of an association, business, or 

other entity. If you are commenting on 

behalf of an 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 

TTB will post, and you may view, 

copies of this notice, selected 

supporting materials, and any online or 

mailed comments received about this 

proposal within Docket No. TTB–2015– 

0007 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. 151. 

You may also reach the relevant docket 

through the Regulations.gov search page 

at http://www.regulations.gov. For 

information on how to use 

Regulations.gov, click on the site’s 

‘‘Help’’ tab. 

All posted comments will display the 

commenter’s name, organization (if 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
19900 Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules 

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 also may 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. Please note that TTB is 

unable to provide copies of USGS maps 

or other similarly-sized documents that 

may be included as part of the AVA 

petition. 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 

It has been determined that this 

proposed 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 notice 

of proposed rulemaking. 

List of Subjects in 27 CFR Part 9 

Wine. 

Proposed Regulatory Amendment 

For the reasons discussed in the 

preamble, TTB proposes to amend title 

27, chapter I, part 9, Code of Federal 

Regulations, as follows: 

PART 9—AMERICAN VITICULTURAL 

AREAS 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 27 U.S.C. 205. 

Subpart C—Approved American 

Viticultural Areas 

■ 2. Subpart C is amended by adding 

§ 9.___to read as follows: 

§ 9. Lamorinda. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Lamorinda’’. For purposes of part 4 of 

this chapter, ‘‘Lamorinda’’ 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 

Lamorinda viticultural area are titled: 

(1) Walnut Creek, CA, 1995; 

(2) Las Trampas Ridge, CA, 1995; 

(3) Oakland East, CA, 1997; and 

(4) Briones Valley, CA, 1995. 

(c) Boundary. The Lamorinda 

viticultural area is located in Contra 

Costa County, California. The boundary 

of the Lamorinda viticultural area is as 

described below: 

(1) The beginning point is on Walnut 

Creek map at the water tank (known 

locally as the Withers Reservoir) at the 

end of an unnamed light-duty road 

known locally as Kim Road, in the 

Can ̃ ada del Hambre Y Las Bolsas Land 

Grant. 

(2) From the beginning point, proceed 

south-southeast in a straight line 

approximately 0.8 mile to the 833-foot 

peak marked ‘‘Hump 2;’’ then 

(3) Proceed southeast in a straight line 

approximately 1.7 miles to the marked 

781-foot peak south of the shared 

Lafayette–Walnut Creek corporate 

boundary line and north of an unnamed 

light-duty road known locally as 

Peaceful Lane; then 

(4) Proceed southeast in a straight line 

approximately 0.3 mile to the marked 

610-foot peak southwest of an unnamed 

light-duty road known locally as 

Secluded Place; then 

(5) Proceed south-southwest in a 

straight line approximately 1.7 miles to 

an unidentified benchmark at the end of 

an unnamed unimproved road known 

locally as Diablo Oaks Way in section 

33, T1N/R2W; then 

(6) Proceed southeast in a straight line 

approximately 0.5 mile, crossing onto 

the Las Trampas map, and continuing 

another 0.9 mile to the substation at the 

southeast corner of section 4, T1S/R2W; 

then 

(7) Proceed southeast in a straight line 

approximately 2.3 miles to the 1,827- 

foot summit of Las Trampas Peak, 

section 22, T1S/R2W; then 

(8) Proceed south-southeast in a 

straight line approximately 2.1 miles to 

the 2,024-foot benchmark marked ‘‘Rock 

2’’ in section 26, T1S/R2W; then 

(9) Proceed west-southwest in a 

straight line approximately 2.7 miles to 

the marked 1,057-foot peak in section 

29, T1S/R2W; then 

(10) Proceed west-southwest in a 

straight line approximately 2 miles to 

the intersection of the 1,000-foot 

elevation line with the Contra Costa– 

Alameda County line in section 31, 

T1S/R2W; then 

(11) Proceed northwest in a straight 

line approximately 0.4 mile, crossing 

onto the Oakland East map, then 

continuing another 0.1 mile to the 

1,121-foot peak in section 30, T1S/R2W; 

then 

(12) Proceed northwest in a straight 

line approximately 3.6 miles to the 

1,301-foot peak in section 15, T1S/R3W; 

then 

(13) Proceed northwest in a straight 

line approximately 1.6 miles to the 

1,634-foot peak in section 9, T1S/R3W; 

then 

(14) Proceed northwest in a straight 

line approximately 2.2 miles to the 

communication tower on the Contra 

Costa–Alameda County line in section 

5, T1S/R3W; then 

(15) Proceed north in a straight line 

approximately 0.1 mile, crossing onto 

the Briones Valley map, then continuing 

another 0.6 mile to the 1,905-foot 

summit of Vollmer Peak in the El 

Sobrante Land Grant; then 

(16) Proceed north-northeast in a 

straight line approximately 3 miles, 

crossing over to the 1,027-foot peak in 

the Boca de la Can ̃ ada del Pinole Land 

Grant, to the Orinda corporate boundary 

line; then 

(17) Proceed generally east along the 

Orinda corporate boundary line 

approximately 3.3 miles to the water 

tank at the 1,142-foot elevation in the 

Boca de la Can ̃ ada del Pinole Land 

Grant; then 

(18) Proceed east-northeast in a 

straight line approximately 1.2 miles to 

the 1,357-foot benchmark marked 

‘‘Russell’’ in the Boca de la Can ̃ ada del 

Pinole Land Grant; then 

(19) Proceed northwest in a straight 

line approximately 0.8 mile to the 

1,405-foot peak in the Boca de la Can ̃ ada 

del Pinole Land Grant; then 

(20) Proceed east-northeast in a 

straight line approximately 0.5 mile, 

crossing onto the Walnut Creek map, 

then continuing another 1.1 miles to the 

beginning point. 

Signed: April 7, 2015. 

John J. Manfreda, 

Administrator. 

[FR Doc. 2015–08495 Filed 4–13–15; 8:45 am] 

BILLING CODE 4810–31–P 


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