33642 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Rules and Regulations 

Subpart C—Approved American 

Viticultural Areas 

■ 2. Subpart C is amended by adding 

§ 9.284 to read as follows: 

§ 9.284 Mount Pisgah, Polk County, 

Oregon. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Mount 

Pisgah, Polk County, Oregon’’. The word 

‘‘Mount’’ may be abbreviated as ‘‘Mt.’’ 

in the name of this AVA. For purposes 

of part 4 of this chapter, ‘‘Mount Pisgah, 

Polk County, Oregon’’ and ‘‘Mt. Pisgah, 

Polk County, Oregon’’ are terms of 

viticultural significance. 

(b) Approved maps. The two United 

States Geological Survey (USGS) 

1:24,000 scale topographic maps used to 

determine the boundary of the Mount 

Pisgah, Polk County, Oregon viticultural 

area are titled: 

(1) Dallas, OR, 2014; and 

(2) Airlie North, OR, 2014. 

(c) Boundary. The Mount Pisgah, Polk 

County, Oregon viticultural area is 

located in Polk County in Oregon. The 

boundary of the Mount Pisgah, Polk 

County, Oregon viticultural area is as 

described below: 

(1) The beginning point is on the 

Dallas map at the point where the 320- 

foot elevation contour intersects 

Mistletoe Road south of the unnamed 

road known locally as SE Lewis Street. 

From the beginning point, proceed 

south along Mistletoe Road for 

approximately 2 miles to the road’s 

second intersection with the 740-foot 

elevation contour; then 

(2) Proceed due west approximately 

0.5 miles to the 400-foot elevation 

contour; then 

(3) Proceed south along the 400-foot 

elevation contour, crossing onto the 

Airlie North map, to the contour’s 

intersection with Cooper Hollow Road 

near Fisher Reservoir; then 

(4) Proceed southeasterly along 

Cooper Hollow Road to its intersection 

with McCaleb Road; then 

(5) Proceed east, then northeast, then 

east along McCaleb Road for 

approximately 1.6 miles to its 

intersection with Mistletoe Road and 

the 260-foot elevation contour; then 

(6) Proceed easterly along the 260-foot 

elevation contour until it intersects 

again with Mistletoe Road; then 

(7) Proceed east along Mistletoe Road 

for 0.3 mile to its intersection with 

Matney Road; then 

(8) Proceed north along Matney Road 

for 0.6 mile to its intersection with the 

260-foot elevation contour at a 90 degree 

turn in the road; then 

(9) Proceed northwesterly along the 

260-foot elevation contour to its 

intersection with Bursell Road; then 

(10) Proceed east along Bursell Road 

for 0.2 mile to its intersection with the 

260-foot elevation contour; then 

(11) Proceed north along the 260-foot 

elevation contour, crossing onto the 

Dallas map, to the contour’s intersection 

with Whiteaker Road; then 

(12) Proceed southeasterly along 

Whiteaker Road for 1.0 mile to its 

intersection with the 260-foot elevation 

contour at a 90 degree turn in the road; 

then 

(13) Proceed north, then west along 

the 260-foot elevation contour to its 

intersection with Ballard Road; then 

(14) Proceed south along Ballard Road 

to its intersection with the 300-foot 

elevation contour; then 

(15) Proceed northwesterly along the 

300-foot elevation contour, to its 

intersection with Cherry Knoll Road; 

then 

(16) Proceed south along Cherry Knoll 

Road to its intersection with the 320- 

foot elevation contour; then 

(17) Proceed northwesterly along the 

320-foot elevation contour, returning to 

the beginning point. 

Signed: May 25, 2022. 

Mary G. Ryan, 

Administrator. 

Approved: May 26, 2022. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2022–11715 Filed 6–2–22; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2021–0001; T.D. TTB–182; 

Ref: Notice No. 200] 

RIN 1513–AC73 

Establishment of the Upper Lake 

Valley Viticultural Area and 

Modification of the Clear Lake 

Viticultural Area 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Final rule; Treasury decision. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) establishes the 

approximately 17,360-acre ‘‘Upper Lake 

Valley’’ viticultural area in Lake County, 

California. TTB also expands the 

boundary of the existing 1,093-square 

mile Clear Lake viticultural area so that 

the Upper Lake Valley viticultural area 

is wholly within it. Both viticultural 

areas are located within the established 

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. 

DATES: This final rule is effective July 5, 

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 


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Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Rules and Regulations 33643 

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 

petition TTB to establish a grapegrowing region as an AVA. Section 9.12 

of the TTB regulations (27 CFR 9.12) 

prescribes standards for petitions to 

establish or modify AVAs. Petitions to 

establish an AVA, or modify the 

boundary of an AVA, must include the 

following: 

• Evidence that the area within the 

proposed AVA boundary, or the region 

within the proposed expansion area, 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 or defining the boundary of the 

proposed expansion area; 

• A narrative description of the 

features of the proposed AVA or 

proposed expansion area affecting 

viticulture, such as climate, geology, 

soils, physical features, and elevation, 

that make the proposed AVA or 

expansion area distinctive and 

distinguish it from adjacent areas 

outside the proposed AVA boundary or 

established AVA boundary; 

• The appropriate United States 

Geological Survey (USGS) map(s) 

showing the location of the proposed 

AVA or proposed expansion area, with 

the boundary of the proposed AVA or 

proposed expansion area clearly drawn 

thereon; 

• If the proposed AVA or proposed 

expansion area is to be established 

within, or overlapping, an existing 

AVA, an explanation that both identifies 

the attributes of the proposed AVA or 

proposed expansion area that are 

consistent with the existing AVA, and 

explains how the proposed AVA or 

proposed expansion area is sufficiently 

distinct from the existing AVA and 

therefore appropriate for separate 

recognition; and 

• A detailed narrative description of 

the proposed AVA or proposed 

expansion area boundary based on 

USGS map markings. 

Petition To Establish the Upper Lake 

Valley AVA and Modify the Boundary 

of the Clear Lake AVA 

TTB received a petition from Terry 

Dereniuk, on behalf of the Growers of 

Upper Lake Valley, proposing the 

establishment of the ‘‘Upper Lake 

Valley’’ AVA. The proposed Upper Lake 

Valley AVA is located within Lake 

County, California, and lies within the 

established North Coast AVA (27 CFR 

9.30) and partially within the 

established Clear Lake AVA (27 CFR 

9.99). The proposed AVA contains 

approximately 17,360 acres and has 16 

commercial vineyards covering a total of 

approximately 300 acres. At the time the 

petition was submitted, at least one 

additional vineyard was planned within 

the proposed AVA. 

Although most of the proposed Upper 

Lake Valley AVA is located within the 

existing Clear Lake AVA, a small 

portion of the northwest corner of the 

proposed AVA would, if established, 

extend beyond the boundary of the 

Clear Lake AVA. To address the overlap 

of the two AVAs and account for 

viticultural similarities between the 

proposed Upper Lake Valley AVA and 

the larger Clear Lake AVA, the petition 

also proposes to expand the boundary of 

the Clear Lake AVA so that the entire 

proposed Upper Lake Valley AVA 

would be included within the Clear 

Lake AVA. The distinguishing features 

of the proposed Upper Lake Valley AVA 

are its hydrogeology, soils, and climate. 

According to the petition, the 

proposed Upper Lake Valley AVA has 

four identified water-bearing 

formations: Quaternary alluvium; 

Pleistocene terrace deposits; Pleistocene 

lake and floodplain deposits; and Plio– 

pleistocene cache creek. These 

formations make up the Upper Lake 

Groundwater Basin, which covers the 

majority of the proposed AVA. The 

petition states that groundwater levels 

within the Upper Lake Groundwater 

Basin are generally within 10 feet of the 

surface and fluctuate between 5 and 15 

feet lower in the fall. Lowering of water 

levels during dry months is not 

excessive and is balanced by rapid 

recovery of water level elevations 

during the wet months. The 

groundwater of the Upper Lake 

Groundwater Basin has high levels of 

iron, manganese, and calcium and low 

levels of boron and dissolved solids. 

The petition states that although the 

high levels of iron and manganese may 

clog irrigation equipment, the high 

levels of calcium and low levels of 

boron and dissolved solids are 

beneficial to grapevine growth. 

The Gravelly Valley Groundwater 

Basin lies to the north of the proposed 

Upper Lake Valley AVA, within the 

Mendocino National Forest. The 

petition states that no additional 

information was available about the 

hydrogeology of this basin. To the east 

of the proposed AVA is the High Valley 

Groundwater Basin, which is 

characterized by rocks of the Jurassic– 

Cretaceous Franciscan Formation and 

Quaternary Holocene volcanics. The 

groundwater contains high levels of 

ammonia, phosphorous, chloride, iron, 

boron, and manganese. The springtime 

groundwater level is 10 to 30 feet below 

the surface, with the summer drawdown 

5 to 10 feet below the spring level. 

Clear Lake is to the immediate south 

of the proposed AVA, while the Big 

Valley Groundwater Basin is farther 

south. The prominent groundwater 

formations in the Big Valley 

Groundwater Basin are Quaternary 

Alluvium and Upper Pliocene to Lower 

Pliocene Volcanic Ash Deposit. 

Groundwater levels in the northern 

portion of the Big Valley Groundwater 

Basin are usually 5 feet below the 

surface and decrease 10 to 50 feet 

during the summer. In the uplands of 

the basin, the depth to water in the 

spring is much deeper, ranging from 70 

to 90 feet below the surface and 

dropping an additional 30 to 40 feet 

over the summer. Boron is an 

impairment in the water in some parts 

of the basin. At levels of 2 mg/l or 

above, Boron is toxic to most plants. To 

the west of the proposed AVA is the 

Scotts Valley Groundwater Basin, which 

consists of rocks from the Jurassic– 

Cretaceous Franciscan Formation. Depth 

to water in the spring is 10 feet below 

the surface on the average, with summer 

drawdown ranging from 30 to 60 feet 

below spring levels depending on 

location across the basin. Boron, iron, 

and manganese are impairments of 

groundwater in this basin. 

According to the petition, soils from 

three general soil map units make up 

over 56 percent of the total area of the 

proposed Upper Lake Valley AVA: 

Millsholm–Skyhigh-Bressa; Still– 

Lupoyoma; and Tulelake–Fluvaquentic– 

Haplawuolls. Millsholm–Skyhigh– 

Bressa soils are formed from sandstone 

and shale and are primarily loams and 

clay loams. They are moderately deep, 

moderately-well to well-drained, and 

have slopes that range from moderately 

sloping to steep. These soils are 

shallower than soils in the other two 

map units. They may still be suitable for 

viticulture, however, since the petition 

states the quality of fruit is better, 

although yields are usually lower, on 

soils limited in depth by hardpan, rock, 


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1Heat summation is calculated as the sum of the 

mean monthly temperature above 50 degrees 

Fahrenheit (F) during the growing season from 

April 1 to October 31 and is expressed as growing 

degree days (GDDs). A baseline of 50 degrees F is 

used because there is almost no shoot growth below 

this temperature. See Albert J. Winkler et al., 

General Viticulture (Berkeley: University of 

California Press, 2nd ed. 1974), pages 67–71. 

or clay substrata. Soils from the Still– 

Lupoyoma general map unit occur on 

the nearly-level valley floors and consist 

of very deep, moderately-well to welldrained loams and silt loams. According 

to the petition, most vineyards in the 

proposed AVA are planted on these 

soils due to their gentle slopes, which 

create less of an erosion hazard and 

provide good drainage. These soils are 

also deep, which allows roots to extend 

further. Soils from the Tulelake– 

Fluvaquentic–Haplawuolls map unit are 

very deep, poorly drained silty clay 

loams that occur in marshy and 

reclaimed areas around Clear Lake and 

Tule Lake. The petition states these soils 

can be suitable for viticulture if the poor 

drainage can be mitigated. 

To the north of the proposed Upper 

Lake Valley AVA, the soils belong to the 

Maymen–Etsel and the Sanhedrin– 

Speaker–Kekawaka soil map units. 

These shallow soils contain 

outcroppings of large stones and are not 

very prevalent in the proposed AVA. To 

the east of the proposed AVA, the most 

common soil map units are the 

Maymen–Etsel, Sobrante–Guenoc– 

Hambright, and the Sanhedrin–Speake– 

Kekawaka units, which are also not 

common within the proposed AVA and 

occur mostly on very steep slopes. 

South of the proposed AVA, within the 

Big Valley District AVA (27 CFR 9.232), 

the soils belong to the Cole-Clear Lake 

Variant-Clear Lake general soil map 

unit. To the west of the proposed AVA, 

the soils are from the Millsholm– 

Skyhigh–Bressa soil map unit and then 

transition to the Maymen–Etsel soil map 

unit in the higher elevations of the 

Mayacamas Mountains. 

According to the petition, the climate 

of the proposed Upper Lake Valley AVA 

is characterized by high annual rainfall 

amounts, a relatively short frost-free 

period, low-speed but frequent winds, 

and low median growing degree (GDD) 

accumulations.1 Annual predicted 

rainfall amounts within the Upper Lake 

Groundwater Basin, where the proposed 

AVA is located, range from 35 to 43 

inches, which provides sufficient 

hydration for grapevines. To the east, 

west and south of the proposed AVA, 

annual predicted rainfall amounts are 

lower, while in the region to the north, 

the annual predicted rainfall is 

approximately 49 inches. 

The proposed AVA has a median of 

202 frost-free days per year. The 

median, minimum, and maximum frostfree periods within the proposed AVA 

are substantially shorter than those of 

the established AVAs to the east, 

southeast, and west. The median and 

maximum frost-free periods in the 

proposed AVA are longer than their 

counterparts in most AVAs to the south 

of the proposed AVA, with the 

exception of the established Red Hills 

Lake County AVA (27 CFR 9.169). The 

number of frost-free days in the region 

to the north of the proposed AVA was 

not available. Late frosts can damage 

new vine growth and early frosts can 

impact the ability of grapes to reach a 

desirable sugar level. 

The median GDD accumulation in the 

proposed Upper Lake Valley AVA is 

3,158, while the maximum is 3,434 and 

the minimum is 2,809. According to the 

petition, GDD accumulations within the 

proposed AVA are suitable for growing 

a variety of grapes, including Sauvignon 

Blanc. The median GDD accumulation 

for the proposed AVA is substantially 

smaller than those of established AVAs 

to the east, southeast, south, and west. 

The maximum GDD accumulation in the 

proposed AVA is less than the 

maximum GDD accumulation in each of 

these established AVAs, with the 

exception of Benmore Valley AVA (27 

CFR 9.142) to the west and Big Valley 

District–Lake County AVA (27 CFR 

9.232) to the south. The minimum GDD 

accumulation in the proposed AVA is 

lower than those of established AVAs to 

the east, southeast, south, and west. 

GDD data was not provided for the 

region to the north of the proposed 

AVA. 

Within the proposed AVA, wind 

speeds between 1 and 5 miles per hour 

account for 82.88 percent of the daytime 

wind speeds and 88.86 percent of 

nighttime wind speeds. Winds with 

speeds below 1 mile per hour, defined 

as ‘‘calm,’’ occurred only 2.23 percent of 

the time during daytime hours and 3.04 

percent of the time during nighttime 

hours. Wind speeds greater than 20 

miles per hour were not recorded within 

the proposed AVA. The petition states 

that constant, gentle winds keep grapes 

and leaf canopies cool and dry, and 

reduce the risk of mildew. According to 

the petition, a larger percentage of wind 

speeds in three established AVAs to the 

southeast and south of the proposed 

AVA are less than 1 mile per hour, and 

in two of these AVAs, winds with 

speeds exceeding 20 miles per hour 

were recorded. Wind speed data was not 

available for the regions to the north and 

west of the proposed AVA. 

The petition also requested the 

expansion of the Clear Lake AVA 

boundary so that the entire proposed 

Upper Lake Valley would be contained 

within it. The petition noted that the 

proposed expansion area, located in the 

northern portion of Scotts Valley along 

Scotts Creek, has elevations within the 

range of those found elsewhere in the 

Clear Lake AVA. T.D. ATF–147, which 

established the Clear Lake AVA, states 

that elevations for vineyards planted 

within the AVA range from 1,300 to 

1,800 feet. For comparison, the 

expansion petition notes that the 

vineyard within the proposed expansion 

area sits at 1,360 feet. The expansion 

petition also notes that T.D. ATF–147 

included a map of the Clear Lake 

watershed, which was described as 

having an important effect on the 

climate of the Clear Lake AVA. The 

expansion petition notes that the map 

includes all of Scotts Valley, including 

the proposed expansion area, in the 

Clear Lake watershed. Finally, T.D. 

ATF–147 stated that the climate of the 

Clear Lake AVA places it in Winkler 

Regions II and III. The expansion 

petition notes that annual GDD 

accumulations in the proposed 

expansion area range from 2,985 to 

3,364, which also places the proposed 

expansion area in Winkler Regions II 

and III. 

Notice of Proposed Rulemaking and 

Comments Received 

TTB published Notice No. 200 in the 

Federal Register on April 16, 2021 (86 

FR 20102), proposing to establish the 

Upper Lake Valley AVA and expand the 

boundary of the established Clear Lake 

AVA. In the notice, TTB summarized 

the evidence from the petition regarding 

the name, boundary, and distinguishing 

features for the proposed AVA. The 

notice also compared the distinguishing 

features of the proposed AVA to the 

surrounding area, including the existing 

Clear Lake and North Coast AVAs, and 

provided a comparison of the features of 

the proposed expansion area to those of 

the established Clear Lake AVA. For a 

detailed description of the evidence 

relating to the name, boundary, and 

distinguishing features of the proposed 

AVA, and for a detailed comparison of 

the distinguishing features of the 

proposed AVA and the proposed 

expansion area to the surrounding areas, 

see Notice No. 200. In Notice No. 200, 

TTB solicited comments on the 

accuracy of the name, boundary, and 

other required information submitted in 

support of the petition. The comment 

period closed on June 15, 2021. 


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TTB received two comments in 

response to Notice No. 200. One 

comment was anonymous, and the 

second comment was submitted by the 

Lake County Winegrape Commission. 

Both comments support establishing the 

proposed Upper Lake Valley AVA and 

also specifically supported the proposed 

expansion of the Clear Lake AVA. 

TTB Determination 

After careful review of the petition, 

TTB finds that the evidence provided by 

the petitioner supports the 

establishment of the Upper Lake Valley 

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 establishes the ‘‘Upper Lake 

Valley’’ AVA in Lake County, 

California. Additionally, TTB expands 

the boundary of the Clear Lake AVA in 

order to entirely encompass the Upper 

Lake Valley AVA. The establishment of 

the Upper Lake Valley AVA and the 

expansion of the Clear Lake AVA are 

both effective 30 days from the 

publication date of this document. 

Boundary Description 

See the narrative description of the 

boundary of the Upper Lake Valley AVA 

and the modified Clear Lake AVA 

boundary 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. The Upper Lake Valley 

AVA boundary and the expanded Clear 

Lake Valley AVA boundary 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 

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 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 

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

With the establishment of the Upper 

Lake Valley AVA, its name, ‘‘Upper 

Lake Valley,’’ 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 

regulations clarifies this point. 

Consequently, wine bottlers using the 

name ‘‘Upper Lake Valley’’ in a brand 

name, including a trademark, or in 

another label reference to the origin of 

the wine, will have to ensure that the 

product is eligible to use the AVA name 

as an appellation of origin. 

The establishment of the Upper Lake 

Valley AVA will allow vintners to use 

‘‘Upper Lake Valley’’ and ‘‘North Coast’’ 

as appellations of origin for wines made 

primarily from grapes grown within the 

Upper Lake Valley AVA if the wines 

meet the eligibility requirements for the 

appellations. The expansion of the Clear 

Lake AVA will also allow vintners to 

use ‘‘Clear Lake’’ as an appellation of 

origin for wines made primarily from 

grapes grown anywhere in the Upper 

Lake Valley AVA if the wines meet the 

eligibility requirements for the 

appellation. 

Bottlers who wish to label their wines 

with ‘‘Upper Lake Valley’’ as an 

appellation of origin must obtain a new 

Certificate of Label Approval (COLA) for 

the label, even if the currently approved 

label already contains another AVA 

appellation of origin. Please do not 

submit COLA requests to TTB before the 

date shown in the Dates section of this 

document, or your request will be 

rejected. 

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 

■ 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. Amend § 9.99 by: 

■ a. Removing the period at the end of 

paragraph (b)(4) and adding a semicolon 

in its place; 

■ b. Adding paragraph (b)(5); 

■ c. Redesignating paragraphs (c)(11) 

through (c)(17) as paragraphs (c)(15) 

through (c)(21); and 

■ d. Adding new paragraphs (c)(11) 

through (c)(14). 

The additions read as follows: 

§ 9.99 Clear Lake. 

* * * * * 

(b) * * * 

(5) ‘‘Upper Lake Quadrangle, 

California,’’ 7.5 minute series, 1996. 

(c) * * * 

(11) Then southeasterly in a straight 

line, crossing onto the Upper Lake 

quadrangle, to the intersection of the 

1,600-foot elevation contour and an 

unnamed 4-wheel drive road in Section 

9, T15N/R10W; 

(12) Then northwesterly, then 

southwesterly along the 1,600-foot 

elevation contour to a point in Section 

8, T15N/R10W, that is due north of the 

westernmost structure in a row of three 

structures located south of Scotts Creek; 

(13) Then south in a straight line, 

crossing over Scotts Creek and the 

westernmost structure, to the 

intersection with an unnamed, 

unimproved road and the 1,600-foot 

elevation contour in Section 17, T15N/ 

R10W; 

(14) Then generally east along the 

1,600-foot elevation contour to its 

second intersection with an unnamed, 

unimproved road in section 15, T15N/ 

R10W; 

* * * * * 

■ 3. Add § 9.286 to read as follows: 


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33646 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Rules and Regulations 

§ 9.286 Upper Lake Valley. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Upper 

Lake Valley’’. For purposes of part 4 of 

this chapter, ‘‘Upper Lake Valley’’ 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 Upper 

Lake Valley viticultural area are titled: 

(1) Lakeport, 1958; photorevised 1978; 

minor revision 1994; 

(2) Upper Lake, 1996; 

(3) Bartlett Mountain, 1996; and 

(4) Lucerne, 1996. 

(c) Boundary. The Upper Lake Valley 

viticultural area is located in Lake 

County, California. The boundary of the 

Upper Lake Valley viticultural area is as 

described as follows: 

(1) The beginning point is on the 

Lakeport map at the intersection of 

Lyons Creek and the western shore of 

Clear Lake in Section 31, T15N/R9W. 

From the beginning point, proceed 

south in a straight line to an unnamed 

light-duty road known locally as 

Lafferty Road; then 

(2) Proceed west along Lafferty Road 

to its intersection with an unnamed 

secondary highway known locally as 

Lakeshore Boulevard; then 

(3) Proceed north on Lakeshore 

Boulevard to its intersection with an 

unnamed light-duty road known locally 

as Whalen Way; then 

(4) Proceed west on Whalen Way to 

its intersection with State Highway 29; 

then 

(5) Proceed north on State Highway 

29, crossing onto the Upper Lake map, 

to the intersection of the highway and 

the southern boundary of Section 13, 

T15N, R10W; then 

(6) Proceed west along the southern 

boundary of Sections 13 and 14 to the 

intersection of the southern boundary of 

Section 14 with the 1,600-foot elevation 

contour; then 

(7) Proceed in a generally 

northwesterly direction along the 

meandering 1,600-foot elevation contour 

to its intersection with an unnamed, 

unimproved road in Section 17, T15N/ 

R10W; then 

(8) Proceed north in a straight line, 

crossing Scotts Creek, to the 1,600-foot 

elevation contour in Section 8, T15N/ 

R10W; then 

(9) Proceed northeasterly, then 

southeasterly along the 1,600-foot 

elevation contour to its intersection 

with an unnamed 4-wheel drive road in 

Section 9, T15N/R10W; then 

(10) Proceed northwest in a straight 

line to the marked 2,325-foot elevation 

point on Hell’s Peak; then 

(11) Proceed southeast in a straight 

line to the intersection of the 1,600-foot 

elevation contour and the southern 

boundary of Section 30 along the 

Mendocino National Forest boundary, 

T16N/R9W; then 

(12) Proceed southeast along the 

meandering 1,600-foot elevation contour 

to its third intersection with the 

Mendocino National Forest boundary, 

along the eastern boundary of Section 

31, T16N/R9W; then 

(13) Proceed south, then west along 

the Mendocino National Forest 

boundary to its intersection with the 

1,600-foot elevation contour along the 

northern boundary of Section 5, T15N/ 

R9W; then 

(14) Proceed southeasterly along the 

meandering 1,600-foot elevation 

contour, crossing onto the Bartlett 

Mountain map, to the intersection of the 

1,600-foot elevation contour and the 

Mendocino National Forest boundary 

along the eastern boundary of Section 9, 

T15N/9RW; then 

(15) Proceed south, then east along 

the Mendocino National Forest 

boundary to its intersection with the 

1,600-foot elevation contour along the 

northern boundary of Section 15, T15N/ 

R9W; then 

(16) Proceed south, then northwest 

along the meandering 1,600-foot 

elevation contour, crossing onto the 

Upper Lake map, and continuing 

southeasterly along the 1,600-foot 

elevation contour crossing back and 

forth between the Bartlett Mountain 

map and the Upper Lake map, to the 

intersection of the 1,600-foot elevation 

contour and an unimproved 4-wheel 

drive road in Section 21, T15N/R9W; 

then 

(17) Continue southeast along the 

1,600-foot elevation contour, crossing 

onto the Lucerne map, to the 

intersection of the 1,600-foot elevation 

contour and an unimproved 4-wheel 

drive road in Section 36, T15N/R9W; 

then 

(18) Proceed south in a straight line to 

the shoreline of Clear Lake; then 

(19) Proceed northeasterly along the 

shoreline of Clear Lake, crossing onto 

the Lakeport map, and continuing 

southwesterly along the shoreline, 

crossing Rodman Slough, to return to 

the beginning point. 

Signed: May 25, 2022. 

Mary G. Ryan, 

Administrator. 

Approved: May 26, 2022. 

Timothy E. Skud, 

Deputy Assistant Secretary, (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2022–11717 Filed 6–2–22; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2021–0005; T.D. TTB–181; 

Ref: Notice No. 202] 

RIN 1513–AC81 

Establishment of the Paulsell Valley 

Viticultural Area 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Final rule; Treasury decision. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) establishes the 

34,155-acre ‘‘Paulsell Valley’’ 

viticultural area (AVA) in Stanislaus 

County, California. The Paulsell Valley 

viticultural area is not located within, 

nor does it contain, 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 July 5, 

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). 


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