[Federal Register Volume 70, Number 19 (Monday, January 31, 2005)]
[Proposed Rules]
[Pages 4797-4801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1667]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 30]
RIN 1513-AA67


Proposed Expansion of the Russian River Valley Viticultural Area 
(2003R-144T)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau has received a 
petition proposing the expansion of the existing Russian River Valley 
viticultural area in Sonoma County, California. The proposed 30,200-
acre expansion would increase the size of this viticultural area to 
126,200 acres. We designate viticultural areas to allow vintners to 
better describe the origin of their wines and to allow consumers to 
better identify wines they may purchase. We invite comments on this 
proposed amendment to our regulations.

DATES: We must receive written comments on or before April 1, 2005.

ADDRESSES: You may send comments to any of the following addresses:
    <bullet> Chief, Regulations and Procedures Division, Alcohol and 
Tobacco Tax and Trade Bureau, Attn: Notice No. 30, P.O. Box 14412, 
Washington, DC 20044-4412.
    <bullet> 202-927-8525 (facsimile).
    <bullet> <a href="/cdn-cgi/l/email-protection#8fe1fffde2cffbfbeda1e8e0f9"><span class="__cf_email__" data-cfemail="2947595b44695d5d4b074e465f">[email protected]</span></a> (e-mail).
    <bullet> http://www.ttb.gov/alcohol/rules/index.htm. An online 
comment form is posted with this notice on our Web site.
    <bullet> http://www.regulations.gov (Federal e-rulemaking portal; 
follow instructions for submitting comments).
    You may view copies of this notice, the petition, the appropriate 
maps, and any comments we receive about this proposal by appointment at 
the TTB Library, 1310 G Street, NW., Washington, DC 20220. To make an 
appointment, call 202-927-2400. You may also access copies of the 
notice and comments online at http://www.ttb.gov/alcohol/rules/index.htm.
    See the Public Participation section of this notice for specific 
instructions and

[[Page 4798]]

requirements for submitting comments, and for information on how to 
request a public hearing.

FOR FURTHER INFORMATION CONTACT:  N. A. Sutton, Regulations and 
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 925 
Lakeville St., No. 158, Petaluma, CA 94952; telephone 415-271-1254.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (the FAA 
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels 
provide the consumer with adequate information regarding a product's 
identity and prohibits the use of misleading information on those 
labels. The FAA Act also authorizes the Secretary of the Treasury to 
issue regulations to carry out its provisions. The Alcohol and Tobacco 
Tax and Trade Bureau (TTB) administers these regulations.
    Part 4 of the TTB regulations (27 CFR part 4) allows the 
establishment of definitive viticultural areas and the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains 
the list of approved viticultural areas.

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries 
of which have been recognized and defined in part 9 of the regulations. 
These designations allow vintners and consumers to attribute a given 
quality, reputation, or other characteristic of a wine made from grapes 
grown in an area to its geographic origin. The establishment of 
viticultural areas allows vintners to describe more accurately the 
origin of their wines to consumers and helps consumers to identify 
wines they may purchase. Establishment of a viticultural area is 
neither an approval nor an endorsement by TTB of the wine produced in 
that area.

Requirements

    Section 4.25(e)(2) of the TTB regulations outlines the procedure 
for proposing an American viticultural area and provides that any 
interested party may petition TTB to establish a grape-growing region 
as a viticultural area. Section 9.3(b) of the TTB regulations requires 
the petition to include--
    <bullet> Evidence that the proposed viticultural area is locally 
and/or nationally known by the name specified in the petition;
    <bullet> Historical or current evidence that supports setting the 
boundary of the proposed viticultural area as the petition specifies;
    <bullet> Evidence relating to the geographical features, such as 
climate, elevation, physical features, and soils, that distinguish the 
proposed viticultural area from surrounding areas;
    <bullet> A description of the specific boundary of the proposed 
viticultural area, based on features found on United States Geological 
Survey (USGS) maps; and
    <bullet> A copy of the appropriate USGS map(s) with the proposed 
viticultural area's boundary prominently marked.
    Petitioners may use the same procedure to request changes involving 
existing viticultural areas.

Russian River Valley Expansion Petition

General Background

    TTB has received a petition from the Russian River Valley 
Winegrowers, a wine industry association based in Fulton, California, 
proposing a 30,200-acre expansion of the established Russian River 
Valley viticultural area (27 CFR 9.66). The established Russian River 
Valley viticultural area is located in Sonoma County, California, about 
50 miles north of San Francisco. As it currently exists, the Russian 
River Valley viticultural area generally lies north and west of Santa 
Rosa, north of Sebastopol, east of the Bohemian Highway (about 7 miles 
inland from the Pacific coast), and south of Healdsburg.
    The Chalk Hill viticultural area (27 CFR 9.52) lies entirely within 
the existing Russian River Valley viticultural area's northeastern 
third, while about 90 percent of the Sonoma County Green Valley 
viticultural area (27 CFR 9.57) is within the Russian River Valley 
area's southwestern third. In turn, the Russian River Valley 
viticultural area is entirely within the Northern Sonoma viticultural 
area (27 CFR 9.70), and is largely within the Sonoma Coast viticultural 
area (27 CFR 9.116). These two larger Sonoma County areas are within 
the multi-county North Coast viticultural area (27 CFR 9.30).
    In the vicinity of the city of Santa Rosa, the Russian River Valley 
Winegrowers' proposed expansion area includes the mix of rural, 
suburban, and urban land between Santa Rosa and Mendocino Avenues in 
Santa Rosa and the area's present eastern boundary. To the south, the 
proposed expansion would incorporate the remainder of the Sonoma County 
Green Valley viticultural area into the Russian River Valley area, as 
well as a large rural region to the west, south, and east of 
Sebastopol.
    As petitioned, the expansion proposed by the Russian River Valley 
Winegrowers includes a smaller, 767-acre expansion approved by TTB in 
2003. For details regarding this earlier expansion, see T.D. TTB-7, 
published in the Federal Register on December 2, 2003, at 68 FR 67367. 
T.D. TTB-7 is also posted on the TTB Internet Web site at http://www.tttb.gov.
    Cooling coastal fog, which moves inland from the Pacific Ocean via 
the valleys of the Russian River and its tributaries, is the dominant 
distinguishing viticultural feature of the existing Russian River 
Valley viticultural area. The expansion petition states that the reach 
of this coastal fog is the most significant factor for including the 
land in the proposed expansion within the established area. Other 
factors noted in the petition include the expansion area's location 
within the Russian River Valley watershed, and, to a lesser extent, the 
expansion area's geology and soils, which are similar to what is found 
in the existing viticultural area.
    Below, we summarize the evidence presented in the Russian River 
Valley Winegrowers' petition.

Name Evidence

    The petition offers evidence that the land in the proposed 
expansion area to the east and south of the current Russian River 
Valley viticultural area is also referred to as the Russian River 
Valley. A State of California hydrology map shows that the Russian 
River Valley, including the proposed expansion area, is within the 
Russian River Valley watershed.
    The petition also included an article from the July 2002 Wine 
Enthusiast magazine (page 31) that defined the Russian River Valley as 
``the box-shaped region that extends from Healdsburg to Santa Rosa in 
the east, and from Occidental to Guerneville in the west.'' This 
description includes the proposed eastern boundary expansion. The 1996 
``Wine Country'' guidebook (page 196), also included in the petition, 
provides a ``Russian River Region'' map that includes the east and 
south sides of the proposed expansion.
    The Homes and Land real estate magazine (Vol, 18, No. 7, summer of 
2002) lists a ``Russian River Appellation Vineyard Estate'' on pages 32 
and 33. The petition indicates that this estate is

[[Page 4799]]

within the eastern portion of the proposed expansion area.
    The Wine News June/July 2002 magazine publication includes an 
article titled ``Russian River Valley Pinot Noir's Promised Land'' 
which discusses this winegrowing area. On page 60 it notes that the 24-
acre Meredith Vineyard is ``located at the southern end of the RRV 
[Russian River Valley].'' This vineyard is in the proposed expansion 
area as well, as noted on the United States Geological Service 
Sebastopol quadrangle map.

Boundary Evidence

    The petition explains that, historically, agriculture in the 
proposed expansion area has included apples, prunes, cherries, berries, 
grapes, and other crops. As noted in the petition, local resident Lee 
Bondi recalls that in the early 1900s his family made wine from 
Palomino grapes on their ranch in the expansion area. Dena Bondelie, 
also a resident living within the proposed expansion area, remembers 
her father talking about the Zinfandel wine made by her grandfather at 
their Darby Lane property.
    Tom Henderson, an area resident, recalls that during World War II 
his grandparents grew berries, corn, pumpkins, and acorn squash to 
supplement their apple crop, on their Sander Road property. Ms. Merry 
Edwards, a current resident, states that when she first moved to the 
area in 1977, it was heavily planted with apples. Some apple and prune 
orchards are being replaced with vineyards because of the changing 
agricultural markets, according to the Russian River Valley Winegrowers 
group.
    As of spring 2003, according to the petition, there are 
approximately 1,070 acres planted with grapes within the proposed 
expansion area, with another 200 acres under development for commercial 
viticulture purposes.

Distinguishing Features

    Treasury Decision ATF-159 of October 21, 1983 (48 FR 48813), 
established the Russian River Valley as a viticultural area. This 
Treasury Decision stated:

    The Russian River viticultural area includes those areas through 
which flow the Russian River or some of its tributaries and where 
there is a significant climate effect from coastal fogs. The 
specific growing climate is the principal distinctive characteristic 
of the Russian River Valley viticultural area. The area designated 
is a cool growing coastal area because of fog intruding up the 
Russian River and its tributaries during the early morning hours.
Climate
    The Russian River Valley viticultural area expansion petition 
states that fog is the single most unifying and significant feature of 
the area. This is consistent with statements in the original 1983 
Russian River Valley viticultural area petition. The proposed expansion 
area also has heavy fog as documented by Robert Sisson, Sonoma County 
Viticulture Farm Advisor Emeritus, on his 1976 map titled ``Lines of 
Heaviest and Average Maximum Fog Intrusion for Sonoma County.''
    The current petition and Treasury Decision ATF-159, which 
established the Russian River Valley viticultural area, both refer to 
the Winkler degree-day (or accumulated heat units) system, which 
classifies grape-growing climatic regions. (Each degree that a day's 
mean temperature is above 50 degrees F, which is the minimum 
temperature required for grapevine growth, is counted as one degree 
day; see ``General Viticulture,'' Albert J. Winkler, University of 
California Press, 1975.) As noted in Treasury Decision ATF-159, ``The 
Russian River Valley viticultural area is termed `coastal cool' with a 
range of 2000 to 2800 accumulated heat units.''
    The petition provides growing season temperature data from 2001 for 
four vineyards within the proposed expansion boundaries.

------------------------------------------------------------------------
                                                           Degree days
                        Vineyard                           (accumulated
                                                           heat units)
------------------------------------------------------------------------
Le Carrefour...........................................            2,636
Osley East.............................................            2,567
Osley West.............................................            2,084
Bloomfield.............................................            2,332
------------------------------------------------------------------------

    The table above shows that the degree days for all four vineyards 
fall within the 2,000 to 2,800 accumulated heat units range of 
Winkler's ``coastal cool'' climate. This evidence suggests that these 
vineyards have the same grape-growing climate found within the 
established Russian River Valley viticultural area.
Elevation
    The terrain within the Russian River Valley viticultural area's 
proposed expansion ranges in elevation from about 70 feet to the east 
of Sebastopol, to around 800 feet in the expansion area's west toward 
Occidental, as noted on USGS maps. These elevations, according to USGS 
maps of this portion of Sonoma County, are similar to those found 
within most of the established Russian River Valley viticultural area.
Soils
    As indicated in the petition, there is a similar range and 
diversity of soils in the proposed expansion area and the originally 
established Russian River Valley viticultural area. This similarity is 
documented on the Sonoma County Soil Survey maps (USDA Conservation 
Service, U.S. Forest Service, and University of California Agricultural 
Experiment Station, undated) on survey sheets 65, 66, 73, 74, 80, 82, 
88, 89, 96, and 97.
    The predominant soils within the proposed Russian River Valley 
viticultural area expansion the petition notes, are Huichica Loam, Yolo 
Clay Loam, and Yolo Silt Loam. These soils are depicted on sheet 74 of 
the Sonoma County Soil Survey. They are also found within the 
established Russian River Valley viticultural area in vineyards to the 
north of the proposed expansion area, as documented on pages 57 and 66 
of the soil survey. The 1983 Treasury Decision ATF-159 does not 
identify the predominant soils of the area. Nor does it indicate that 
the soils of the viticultural area are unique.
Watershed
    According to the petition, the large Russian River watershed 
includes both the established Russian River Valley viticultural area 
and the proposed expansion area. The Russian River watershed, unit 
<greek-i>18010110, is depicted on the State of California Hydrology 
map, 1978. It extends from Lake Mendocino south to Sonoma Mountain, and 
from Mt. St. Helena west to Jenner, where the river meets the coastline 
of the Pacific Ocean. The 1983 Treasury Decision, ATF-159 states that 
the Russian River Valley viticultural area ``includes those areas 
through which flow the Russian River or some of its tributaries.''

Boundary Description

    The 30,200-acre proposed expansion of the Russian River Valley 
viticultural area includes land east and south of the area's originally 
established boundary. The proposed expanded boundary deviates from the 
established boundary at a point east of Highway 101 along Mark West 
Springs Road. From that point, the proposed expanded boundary line, in 
a clockwise direction, goes south to Todd Road in Santa Rosa. It then 
meanders west, with a southward bulge south of Sebastopol that 
incorporates the crossroads hamlet of Knowles Corners. Passing north of 
the town of Bloomfield, the proposed expanded boundary continues 
northwest of Freestone, where it rejoins

[[Page 4800]]

the area's established boundary. This expansion would increase the 
Russian River Valley viticultural area by about 31 percent, from 96,000 
acres to 126,200 acres.
    For a detailed description of the Russian River Valley's proposed 
expanded boundary, see the narrative boundary description the proposed 
regulatory text published below in this notice.

Maps

    The petitioner(s) provided the required maps to document the 
proposed boundary, and we list them in the proposed regulatory text.

Public Participation

Comments Invited

    We invite comments from interested members of the public on whether 
we should expand the Russian River Valley viticultural area as 
described above. We are especially interested in comments concerning 
the similarity of the proposed expansion area to the currently existing 
Russian River Valley viticultural area. Please support your comments 
with specific information about the proposed expansion area's name, 
proposed boundaries, or distinguishing features.

Submitting Comments

    Please submit your comments by the closing date shown above in this 
notice. Your comments must include this notice number and your name and 
mailing address. Your comments must be legible and written in language 
acceptable for public disclosure. We do not acknowledge receipt of 
comments, and we consider all comments as originals. You may submit 
comments in one of five ways:
    <bullet> Mail: You may send written comments to TTB at the address 
listed in the ADDRESSES section.
    <bullet> Facsimile: You may submit comments by facsimile 
transmission to 202-927-8525. Faxed comments must--
    (1) Be on 8.5- by 11-inch paper;
    (2) Contain a legible, written signature; and
    (3) Be no more than five pages long. This limitation assures 
electronic access to our equipment. We will not accept faxed comments 
that exceed five pages.
    <bullet> E-mail: You may e-mail comments to <a href="/cdn-cgi/l/email-protection#167866647b5662627438717960"><span class="__cf_email__" data-cfemail="acc2dcdec1ecd8d8ce82cbc3da">[email protected]</span></a>. Comments 
transmitted by electronic mail must--
    (1) Contain your e-mail address;
    (2) Reference this notice number on the subject line; and
    (3) Be legible when printed on 8.5- by 11-inch paper.
    <bullet> Online form: We provide a comment form with the online 
copy of this notice on our Web site at http://www.ttb.gov/alcohol/rules/index.htm. Select the ``Send comments via e-mail'' link under 
this notice number.
    <bullet> Federal e-Rulemaking Portal: To submit comments to us via 
the Federal e-rulemaking portal, visit http://www.regulations.gov and 
follow the instructions for submitting comments.
    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, in light of all circumstances, whether to hold a public 
hearing.

Confidentiality

    All submitted material is part of the public record and subject to 
disclosure. Do not enclose any material in your comments that you 
consider confidential or inappropriate for public disclosure.

Public Disclosure

    You may view copies of this notice, the petition, the appropriate 
maps, and any comments we receive by appointment at the TTB Library at 
1310 G Street, NW., Washington, DC 20220. You may also obtain copies at 
20 cents per 8.5- x 11-inch page. Contact our librarian at the above 
address or telephone 202-927-2400 to schedule an appointment or to 
request copies of comments.
    For your convenience, we will post this notice and any comments we 
receive on this proposal on the TTB Web site. We may omit voluminous 
attachments or material that we consider unsuitable for posting. In all 
cases, the full comment will be available in the TTB Library. To access 
the online copy of this notice, visit http://www.ttb.gov/alcohol/rules/index.htm. Select the ``View Comments'' link under this notice number 
to view the posted comments.

Regulatory Flexibility Act

    We certify that this proposed regulation, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The proposed regulation imposes no new reporting, 
recordkeeping, or other administrative requirement. Any benefit derived 
from the use of a viticultural area name would be the result of a 
proprietor's efforts and consumer acceptance of wines from that area. 
Therefore, no regulatory flexibility analysis is required.

Executive Order 12866

    This proposed rule is not a significant regulatory action as 
defined by Executive Order 12866, 58 FR 51735. Therefore, it requires 
no regulatory assessment.

Drafting Information

    N.A. Sutton of the Regulations and Procedures Division drafted this 
notice.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, we propose to amend 
title 27, chapter 1, 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--American Viticultural Areas

    2. Amend Sec.  9.66 by revising paragraphs (b) and (c)(8) through 
(c)(14), redesignating paragraphs (c)(15) through (c)(26) as (c)(23) 
through (c)(34), and adding new paragraphs (c)(15) through (c)(22) to 
read as follows:


Sec.  9.66  Russian River Valley.

* * * * *
    (b) Approved maps. The appropriate maps for determining the 
boundary of the Russian River Valley viticultural area are 11 United 
States Geological Survey (USGS) 1:24,000 Scale topographic maps. They 
are titled:
    (1) Healdsburg, California Quadrangle--Sonoma Co., 7.5 Minute 
Series, edition of 1993;
    (2) Guerneville, California Quadrangle--Sonoma Co., 7.5 Minute 
Series, edition of 1993;
    (3) Cazadero, California Quadrangle--Sonoma Co., 7.5 Minute Series, 
edition of 1978;
    (4) Duncans Mills California Quadrangle--Sonoma Co., 7.5 Minute 
Series, edition of 1979;
    (5) Camp Meeker, California Quadrangle--Sonoma Co., 7.5 Minute 
Series, edition of 1995;
    (6) Valley Ford, California Quadrangle, 7.5 Minute Series, edition 
of 1954; photorevised 1971;
    (7) Two Rock, California Quadrangle, 7.5 Minute Series, edition of 
1954; photorevised 1971;
    (8) Sebastopol, California Quadrangle--Sonoma Co., 7.5 Minute 
Series, edition of 1954; photorevised 1980;
    (9) Santa Rosa, California Quadrangle--Sonoma Co., 7.5 Minute 
Series, edition of 1954; and

[[Page 4801]]

    (10) Mark West Springs, California Quadrangle, 7.5 Minute Series, 
edition of 1998, and
    (11) Jimtown, California Quadrangle--Sonoma Co., 7.5 Minute Series, 
edition of 1993.
    (c) Boundaries. * * *
* * * * *
    (8) Proceed southeast along the Bohemian Highway, crossing over the 
Camp Meeker map, to the town of Freestone, where the Highway intersects 
at BM 214 with an unnamed medium-duty road (known locally as Bodega 
Road, section 12, T6N, R10W, on the Valley Ford map).
    (9) Proceed 0.9 mile northeast on Bodega Road to its intersection, 
at BM 486, with Jonvive Road to the north and an unnamed light duty 
road to the south, (known locally as Barnett Valley Road, T6N, R9W, on 
the Camp Meeker map).
    (10) Proceed 2.2 miles south, followed by east, on Barnett Valley 
Road, crossing over the Valley Ford map, to its intersection with 
Burnside Road in section 17, T6N, R9W, on the Two Rock map.
    (11) Proceed 3.3 miles southeast on Burnside Road to its 
intersection with an unnamed medium duty road at BM 375, T6N, R9W, on 
the Two Rock map.
    (12) Proceed 0.6 mile straight southeast to an unnamed 610-foot 
elevation peak, 1.5 miles southwest of Canfield School, T6N, R9W, on 
the Two Rock map.
    (13) Proceed 0.75 mile straight east-southeast to an unnamed 641-
foot elevation peak, 1.4 miles south-southwest of Canfield School, T6N, 
R9W, on the Two Rock map.
    (14) Proceed 0.85 mile straight northeast to the intersection with 
an unnamed intermittent stream and Canfield Road; continue 0.3 mile 
straight in the same northeast line of direction to its intersection 
with the common boundary of Ranges 8 and 9, just west of an unnamed 
unimproved dirt road, T6N, on the Two Rock map.
    (15) Proceed 1.8 miles straight north along the common Range 8 and 
9 boundary line to its intersection with Blucher Creek, T6N, on the Two 
Rock map.
    (16) Proceed 1.25 miles generally northeast along Blucher Creek to 
its intersection with Highway 116, also known as Gravenstein Highway, 
in section 18, T6N, R8W, on the Two Rock map.
    (17) Proceed 0.2 mile straight southeast along Highway 116 to its 
intersection with an unnamed light duty road to the north in section 
18, T6N, R8W, on the Two Rock map.
    (18) Proceed 0.1 mile straight northwest along the unnamed light 
duty road to its intersection with an unnamed medium-duty road to the 
east, ( known as Todd Road in Section 18, T6N, R8W, on the Two Rock 
map).
    (19) Proceed 4.8 miles east, north, and east again along Todd Road, 
a medium-duty road, crossing over the Sebastopol map and then passing 
over U.S. Highway 101 and continuing straight east 0.1 mile to Todd 
Road's intersection with Santa Rosa Avenue, a primary road that is 
generally parallel to U.S. Highway 101, in section 2, T6N, R8W, on the 
Santa Rosa map.
    (20) Proceed 5.8 miles generally north along Santa Rosa Avenue, 
which becomes Mendocino Avenue, to its intersection with an unnamed 
secondary road, known locally as Bicentennial Way, 0.3 mile north-
northwest of BM 161 on Mendocino Avenue, section 11, T7N, R8W, on the 
Santa Rosa map.
    (21) Proceed 2.5 miles straight north, crossing over the 906-foot 
elevation peak in section 35 of the Santa Rosa map, to its intersection 
with Mark West Springs Road and the meandering 280-foot elevation in 
section 26, T8N, R8W, of the Mark West Springs map.
    (22) Proceed 4.8 miles north-northwest along Mark West Springs 
Road, which becomes Porter Creek Road, to its intersection with Franz 
Valley Road, a light-duty road to the north of Porter Creek Road, in 
section 12, T8N, R8W, on the Mark West Springs map.
* * * * *

    Signed: January 24, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-1667 Filed 1-28-05; 8:45 am]
BILLING CODE 4810-31-P


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