[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Rules and Regulations]
[Pages 13157-13160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05001]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2020-0013; T.D. TTB-178; Ref: Notice No. 198]
RIN 1513-AC62


Expansion of the Clarksburg 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 64,640-acre ``Clarksburg'' viticultural 
area by approximately 27,945 acres. The Clarksburg viticultural area is 
located in Sacramento, Solano, and Yolo Counties, in California, and 
the expansion area is located in Sacramento and Solano Counties. The 
established Clarksburg viticultural area and the expansion area are not 
located within any other established 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.

DATES: This final rule is effective April 8, 2022.

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 the functions 
and duties in the administration and enforcement of these provisions to 
the TTB Administrator through Treasury Order 120-01, dated December 10, 
2013 (superseding Treasury Order 120-01, dated January 24, 2003).
    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 to TTB 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, once approved, a name and a delineated boundary 
codified 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 allows any interested 
party to

[[Page 13158]]

petition TTB to establish a grape-growing region as an AVA. Petitioners 
may use the same process to request changes to established AVAs. 
Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards 
for petitions to modify established AVAs. Petitions to expand an 
established AVA must include the following:
    <bullet> Evidence that the area within the proposed expansion area 
boundary is nationally or locally known by the name of the established 
AVA;
    <bullet> An explanation of the basis for defining the boundary of 
the proposed expansion area;
    <bullet> 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;
    <bullet> 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
    <bullet> A detailed narrative description of the proposed expansion 
area boundary based on USGS map markings.

Petition To Expand the Clarksburg AVA

    TTB received a petition from James Reamer of Reamer Farms vineyard, 
submitted on behalf of himself and other wine industry members, 
proposing to expand the established ``Clarksburg'' AVA. The Clarksburg 
AVA (27 CFR 9.95) was established by T.D. ATF-166, which published in 
the Federal Register on January 23, 1984 (49 FR 2758). The Clarksburg 
AVA covers approximately 64,640 acres in Sacramento, Solano, and Yolo 
Counties in California. The Clarksburg AVA and the proposed expansion 
area are not located within any other AVA. Although the established 
Clarksburg AVA does contain the established Merritt Island AVA (27 CFR 
9.68), the proposed expansion area is not adjacent to the Merritt 
Island AVA and would not affect the boundaries of that AVA.
    The proposed expansion area is adjacent to the southern portion of 
the established AVA and entirely encompasses Grand Island and Ryer 
Island, which together cover approximately 27,945 acres. The petitioner 
states that within the proposed expansion area there are 350 acres of 
grapevines on Grand Island and three vineyards on Ryer Island. 
According to the petition, the soils, climate, and topography of the 
proposed expansion area are similar to those of the established 
Clarksburg AVA.
    T.D. ATF-166 describes the soils of the Clarksburg AVA as poorly 
drained clay and clay loam soils, but provides no additional 
information about the soils of the surrounding regions except to note 
that viticulture to the west of the AVA is made impossible due to the 
combination of soils and flooding, and that the soils to the south of 
the AVA contain poorly drained organic and mineral soils. However, the 
expansion petition provides more detailed information about the soils 
of the Clarksburg AVA and the surrounding regions. The expansion 
petition states that the lands within the Clarksburg AVA and the 
proposed expansion area fall into two groups: The alluvial fan-basin 
group and the flood plain-basin-blackswamp group. These landform groups 
influenced the development of the soils in the AVA. The alluvial fan-
basin group lands are found mostly in the western portion of the 
Clarksburg AVA and include soils of the Lang, Laugenour, Maria, 
Merritt, Sycamore, Tyndall, and Valdez series, as well as Egbert, Omni, 
Sacramento, and Willows soils. The eastern portion of the Clarksburg 
AVA is characterized by flood plain-basin-blackswamp landforms. Soils 
commonly found in this region include the Columbia, Consumnes, Lang, 
Laugenour, Sailboat, and Valpac series, as well as Clear Lake, 
Dierssen, and Tinnin soils.
    Soils of both landform groups share several characteristics, 
including low-to-moderate levels of organic material, poor to somewhat-
poor drainage, and a combination of silt, clay, sand, and loam. Because 
of the poor drainage quality of the soils, a well-placed and maintained 
system of ditches and canals is necessary, as are tile drains in some 
locations. Ridges in the vine rows called berms also allow for better 
drainage and are common features in both the AVA and the proposed 
expansion area. Additionally, vineyard owners often use rootstocks with 
greater-than-average tolerances of wet soils in order to limit the risk 
of significant root dieback and root diseases.
    The proposed expansion area contains both flood plain-basin-
blackswamp landforms and alluvial fan-basin landforms. Grand Island, in 
the eastern portion of the proposed expansion area, consists mostly of 
flood plain-basin-blackswamp landforms. Soils found in both Grand 
Island and the Clarksburg AVA include the Consumnes, Egbert, Laugenour, 
and Sailboat series. Ryer Island, in the western portion of the 
proposed expansion area, contains alluvial fan-basin landforms. Soils 
of the Egbert, Sacramento, and Valdez series are found in both the 
Clarksburg AVA and Ryer Island.
    By contrast, one of the alluvial fan-basin landform soils found in 
the proposed expansion area and the Clarksburg AVA are found in the 
regions to the east and south, outside of the established AVA and the 
proposed expansion area. These regions contain a type of marshland soil 
called Rindge mucky silt loam, which is not found in either the 
Clarksburg AVA or the proposed expansion area. Furthermore, the soils 
to the east and south contain greater concentrations of organic matter. 
To the west of the proposed expansion area and the Clarksburg AVA, the 
common soils include the Capay and Pescadero series, which are not 
found in either the proposed expansion area or the AVA.
    T.D. ATF-166 included precipitation as a distinguishing feature of 
the Clarksburg AVA, stating that the AVA receives an average of 16 
inches of rain annually. The regions to the north and east were 
described as having higher annual rainfall amounts, while the regions 
to the south and west have lower annual amounts. T.D. ATF-166 also 
briefly discussed temperature, noting that Sacramento, which is north 
of the Clarksburg AVA, is generally 8 to 10 degrees warmer than the AVA 
is in the summer. The proposed expansion petition includes information 
about the average annual rainfall amounts of the Clarksburg AVA and the 
surrounding regions, which suggest that the Clarksburg AVA receives 
less rainfall annually than the surrounding regions. However, the 
petition did not include annual average rainfall amounts from within 
the proposed expansion area for comparison.
    The expansion petition did provide more detailed information on 
temperatures in the region than that included in T.D. ATF-166, 
including information on the growing season mean, maximum, and minimum 
temperatures from within the Clarksburg AVA and the proposed expansion 
area. The data suggests that the climate of the proposed expansion area 
is similar to that of the Clarksburg AVA.
    T.D. ATF-166, which established the Clarksburg AVA, did not 
consider topography to be a distinguishing feature of the Clarksburg 
AVA, only noting that the ``lower terraces to the east'' of the AVA are 
prone to flooding.\1\ However, the expansion petition includes 
topographic information that suggests the proposed expansion area is

[[Page 13159]]

more topographically similar to the Clarksburg AVA than the surrounding 
regions outside the AVA. Within the proposed expansion area, elevations 
range from a lowest point of 10 feet below sea level to a highest point 
of 5 feet above sea level. Within the current boundaries of the 
Clarksburg AVA, elevations range from 10 feet below sea level to 10 
feet above sea level. By comparison, elevations to the east and south 
of the proposed expansion area are generally lower than within the 
Clarksburg AVA and the proposed expansion area. The petition states 
that the generally lower elevations in the surrounding regions mean 
that the depths to water tables are appreciably shallower than within 
the AVA and the proposed expansion area. As a result, functional root 
zones are very shallow, and the potential for viticulture in the 
surrounding regions is feasible but limited. Elevations within the 
proposed expansion area and the Clarksburg AVA are similar to those of 
the region to the west, in the Yolo Bypass, but that region to the west 
was excluded from the AVA and the proposed expansion area due to the 
frequency of flooding.
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    \1\ 48 FR 2759.
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Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 198 in the Federal Register on November 
10, 2020 (85 FR 71722), proposing to expand the Clarksburg 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 area, see Notice 
No. 198.
    The comment period for Notice No. 198 closed January 11, 2021. In 
response to Notice No. 198, TTB received a total of two comments. One 
comment was from the Board of Directors of the Suisun Valley Vintners 
and Growers Association, which describes itself as the primary wine 
grape grower association in Solano County. The Board expressed support 
for the proposed expansion, noting that the Solano County portion of 
the proposed expansion area is ``completely consistent in primary 
attributes (saving for slight variances) of the existing Clarksburg 
AVA'' and should be allowed to use the ``Clarksburg'' appellation 
rather than the political appellation ``Solano County.'' Incorporating 
the proposed expansion area into the Clarksburg AVA would lead to ``a 
more complete understanding of the varied regions within Solano 
County.'' The second comment, from a wine industry member in Lodi, 
California, also expressed support for the proposed expansion.

TTB Determination

    After careful review of the petition and the comments received in 
response to Notice No. 198, TTB finds that the evidence provided by the 
petitioner supports the expansion of the Clarksburg AVA. Accordingly, 
under the authority of the FAA Act, section 1111(d) of the Homeland 
Security Act of 2002, and parts 4 and 9 of the TTB regulations, TTB 
modifies the boundaries of the AVA effective 30 days from the 
publication date of this document.

Boundary Description

    See the narrative description of the boundary modifications of the 
Clarksburg AVA in the regulatory text published at the end of this 
final rule.

Maps

    The petitioners provided the required maps, and they are listed 
below in the regulatory text. The modified Clarksburg AVA boundaries 
may also be viewed on the AVA Map Explorer on the TTB website, at 
https://www.ttb.gov/wine/ava-map-explorer.

Impact on Current Wine Labels and Transition Period

    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 Clarksburg AVA boundary means that wines 
produced mainly from grapes grown in the expansion area may be labeled 
with ``Clarksburg'' as an appellation of origin. No other established 
AVAs are affected by this expansion.

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 final 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 9.95 is amended by adding paragraph (b)(9), revising 
paragraphs (c)(4) and (5), redesignating paragraphs (c)(6) through (12) 
as paragraphs (c)(7) through (13), and adding new paragraph(c)(6) to 
read as follows:


Sec.  9.95   Clarksburg.

* * * * *
    (b) * * *
    (9) Rio Vista, Calif., 1978 (minor revision 1993).
    (c) * * *
    (4) Then south along Miner Slough to the point where it joins Cache 
Slough.
    (5) Then south along Cache Slough to the point where it joins the 
Sacramento River.
    (6) Then east, then generally northeasterly along the meandering 
Sacramento River to the point where it

[[Page 13160]]

meets the Delta Cross Channel at the Southern Pacific Railroad.
* * * * *

    Signed: March 2, 2022.
Mary G. Ryan,
Administrator.

    Approved: March 2, 2022.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2022-05001 Filed 3-8-22; 8:45 am]
BILLING CODE 4810-31-P