[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Rules and Regulations]
[Pages 72717-72720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23684]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[T.D. TTB-39; Re: Notice No. 38]
RIN 1513-AA94


Establishment of the Ramona Valley Viticultural Area (2003R-375P)

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

ACTION: Final rule; Treasury decision.

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SUMMARY: This Treasury decision establishes the 89,000-acre Ramona 
Valley viticultural area in central San Diego County, California. The 
proposed area is entirely within the established South Coast 
viticultural area. 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.

DATES: Effective Date: January 6, 2006.

FOR FURTHER INFORMATION CONTACT: Nancy Sutton, Regulations and 
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 925 
Lakeville St., No. 158, Petaluma, California 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 such 
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, soils, elevation, and physical features, 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.

[[Page 72718]]

Ramona Valley Petition and Rulemaking

General Background

    TTB received a petition from the Ramona Vineyard Association of 
Ramona, California, proposing to establish the Ramona Valley 
viticultural area in central San Diego County, California. Surrounding 
the town of Ramona, the proposed viticultural area is located 28 miles 
northeast of the city of San Diego, and is entirely within the 
established, multi-county South Coast viticultural area (27 CFR 9.104). 
In addition, the Ramona Valley area is south of two other viticultural 
areas, Temecula Valley (27 CFR 9.50) and San Pasqual Valley (27 CFR 
9.25), both within the South Coast viticultural area. The proposed 
89,000-acre Ramona Valley viticultural area contains 17 vineyards 
currently cultivating an estimated 45 acres of wine grapes.
    The distinguishing factors of the proposed Ramona Valley 
viticultural area include its elevation, which contrasts with the 
surrounding areas, and climatic factors related to its elevation and 
inland location. Oriented west-southwest to east-northeast, the 
proposed area is roughly centered in the town of Ramona and is about 
14.5 miles long and 9.5 miles wide.
    Below, we summarize the evidence presented in the petition.

Name Evidence

    Californians have used the ``Ramona Valley'' name for at least a 
century. In 1906, historian Ed Fletcher wrote ``An Auto Trip Through 
San Diego's Back Country.'' As republished in the spring 1969 issue of 
the Journal of San Diego History, the auto trip article makes several 
references to Ramona Valley and its geography, climate, and 
agricultural potential. Mr. Fletcher states, ``The higher valley lands 
can easily be covered with water from the mountain streams, but a 
railroad is absolutely necessary, and when it does come, Ramona Valley 
will be heard from.''
    In 1963, Richard F. Pourade wrote ``The Silver Dons 1833-1865,'' 
found in volume three of ``The History of San Diego.'' He describes the 
difficulty of reaching the Ramona Valley by different routes during its 
settlement. Mr. Pourade writes, ``Both routes had difficult climbs, the 
San Pasqual route at the San Pasqual hill and the Lakeside route in the 
last mile before reaching the Ramona Valley.''
    In 1961, Clarence Woodson wrote ``Tea-Kettle Days,'' published in 
the San Diego Historical Society Quarterly, volume 7, number 4, October 
1961. He explained, ``My grandfather, Dr. M. C. Woodson served as a 
surgeon in the Confederate Army, and a few years after the Civil War he 
brought my father and the rest of the family out to California from 
Paducah, Ky. He homesteaded land in the Ramona Valley in 1873 * * *.''
    The proposed Ramona Valley viticultural area surrounds the 
unincorporated town of Ramona in San Diego County, which lies in a 
flat, broad valley largely isolated by the surrounding hills and 
mountains. Several businesses within the proposed viticultural area use 
``Ramona Valley'' in their names, including the Ramona Valley Inn, 
which was established in 1981 on Main Street in Ramona.

Boundary Evidence

    Using a boundary largely drawn through the surrounding mountain 
peaks, the proposed Ramona Valley viticultural area encompasses not 
only the valley in which the town of Ramona lies, but also several 
smaller side valleys and canyons, especially to the east and south of 
the town. The proposed boundary is based on historical and current 
viticultural activity within the proposed area and on its geographical 
and climatic features.
    The history of Ramona Valley viticulture began with the arrival of 
Spanish missionaries in 1769. American viticulture started as early as 
1889, with wine grapes grown at Rancho Bernardo for use at the Bernardo 
Winery. In modern times, Ross Rizzo, the master vintner at Bernardo 
Winery, recalls that up to a thousand acres of wine grapes were growing 
in Ramona Valley during the 1940s and 1950s. The Schwaesdall Winery, 
which opened in 1993, uses grape vines planted in the Ramona Valley in 
the 1950s as well as their own plantings begun in 1989.
    The elevation of the proposed Ramona Valley viticultural area, 
which lies between the lower coastal valleys to the south, west, and 
north, and the surrounding mountains and the higher desert-like areas 
to the east, distinguishes the proposed viticultural area from 
surrounding areas. Climatic factors related to the elevation of the 
Ramona Valley and its inland location also distinguish the proposed 
viticultural area from nearby grape-growing regions. These factors are 
discussed in more detail below.

Distinguishing Features

Geography
    The proposed Ramona Valley viticultural area is encircled by a ring 
of hills and mountains that isolate it from the surrounding regions of 
San Diego County. Santa Maria Creek flows west through the proposed 
viticultural area before passing through a narrow gap in the hills near 
the northwestern corner of the area.
    The lowest elevation of the proposed Ramona Valley viticultural 
area, 650 feet, is at the southwest corner of the area at the San 
Vicente Reservoir. Elevations within the northern, southern, and 
western portions of the proposed viticultural area vary between 650 and 
1,600 feet, with an average base elevation of about 1,400 feet. The 
eastern terrain of the proposed area climbs to more than 3,000 feet at 
the foothills of the Cuyamaca Mountains. The highest elevation suitable 
for viticulture within the proposed area is 2,640 feet.
    Beyond the proposed Ramona Valley viticultural area boundary line 
to the south, west, and north are the lower coastal valleys with 
elevations of 500 feet or less. While higher in elevation than these 
nearby coastal valleys, the proposed Ramona Valley viticultural area is 
significantly lower than that of the Cuyamaca Mountain range to the 
east, which has peaks of 6,200 feet.
Climate
    The proposed Ramona Valley viticultural area has a distinguishable 
microclimate as compared to the surrounding regions. With the Anza-
Borrego Desert 25 miles to the east and the Pacific Ocean 25 miles to 
the west, the desert and ocean influences affect and moderate the 
Ramona Valley climate during the growing season.
    Also known locally as ``the Valley of the Sun,'' due to its lack of 
cool coastal morning fog, the proposed Ramona Valley viticultural area 
is warmer than the lower elevation coastal areas and valleys to its 
south, west, and north. The proposed area is cooler in the summer, but 
warmer in the winter, than the higher Cuyamaca Mountains to its east.
    A comparison of daily temperature variations among the towns of 
Ramona, Poway, Escondido, and Julian indicates that Ramona has greater 
daily temperature fluctuations than the surrounding areas. The proposed 
viticultural area enjoys up to 320 frost-free days and has a heat 
summation of 3,470 degree-days annually. (During the growing season, 
one degree day accumulates for each degree Fahrenheit that a day's mean 
temperature is above 50 degrees, which is the minimum temperature 
required for grapevine growth; see ``General Viticulture,'' Albert J. 
Winkler, University of California Press, 1975.)
    The proposed Ramona Valley viticultural area receives an average

[[Page 72719]]

annual rainfall of 16.5 inches. This rainfall total is more than that 
of the lower coastal valleys, but less than the 31-inch average 
received at Julian in the higher mountains to the east of the Ramona 
Valley area.
Soils
    The proposed Ramona Valley viticultural area has a variety of soil 
types due to its differing landforms, slopes, and geology. The 
mountains surrounding the proposed area consist of igneous rock. Also, 
the mid-slopes to the east and west of the Ramona Valley floor have the 
reddish coloration of San Marcos Gabbro, a mafic rock type. Mafic rock 
formations are known to generate nutrient-rich soil, which is ideal for 
agriculture.
    Soil series of the proposed Ramona Valley viticultural area include 
Ramona, Visalia, Los Posas, and Fallbrook loams. The Ramona soil 
series, as documented in the 1973 U.S. Soil Conservation Service Soil 
Survey for San Diego County, consists of well-drained, very deep sandy 
loams with sandy clay loam subsoil. This series is found between the 
200-foot and 1,800-foot elevations on terraces and alluvial fans.

Notice of Proposed Rulemaking

    On March 31, 2005, TTB published a notice of proposed rulemaking 
regarding the establishment of the Ramona Valley viticultural area in 
the Federal Register (70 FR 16459) as Notice No. 38. In that notice, 
TTB requested comments by May 31, 2005, from all interested persons. 
TTB received no comments in response to Notice No. 38.

TTB Finding

    After careful review of the petition, TTB finds that the evidence 
submitted supports the establishment of the proposed viticultural area. 
Therefore, under the authority of the Federal Alcohol Administration 
Act and part 4 of our regulations, we establish the ``Ramona Valley'' 
viticultural area in San Diego County, California, effective 30 days 
from the publication date of this document.

Boundary Description

    See the narrative boundary description of the viticultural area in 
the regulatory text published at the end of this notice.

Maps

    The petitioner provided the required maps, and we list them below 
in the regulatory text.

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. With the establishment of this viticultural area and 
its inclusion in part 9 of the TTB regulations, its name, ``Ramona 
Valley,'' is recognized as a name of viticultural significance. 
Consequently, wine bottlers using ``Ramona Valley'' in a brand name, 
including a trademark, or in another label reference as to the origin 
of the wine, must ensure that the product is eligible to use the 
viticultural area's name as an appellation of origin.
    For a wine to be eligible to use as an appellation of origin the 
name of a viticultural area specified in part 9 of the TTB regulations, 
at least 85 percent of the grapes used to make the wine must have been 
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 to use the viticultural area name as an appellation of origin 
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 viticultural area 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 a 
viticultural area 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.

Regulatory Flexibility Act

    We certify that this regulation will not have a significant 
economic impact on a substantial number of small entities. This 
regulation imposes no new reporting, recordkeeping, or other 
administrative requirement. Any benefit derived from the use of a 
viticultural area name is 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 rule is not a significant regulatory action as defined by 
Executive Order 12866 (58 FR 51735). Therefore, it requires no 
regulatory assessment.

Drafting Information

    Nancy Sutton of the Regulations and Procedures Division drafted 
this document.

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1, 
part 9, 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. Amend subpart C by adding Sec.  9.191 to read as follows:


Sec.  9.191  Ramona Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Ramona Valley''. For purposes of part 4 of this chapter, 
``Ramona Valley'' is a term of viticultural significance.
    (b) Approved Maps. The two United States Geological Survey 
1:100,000 scale topographic (30 x 60 Minute Quadrangle) maps used to 
determine the boundaries of the Ramona Valley viticultural area are 
titled--
    (1) Borrego Valley, California, 1982 edition; and
    (2) El Cajon, California, 1979 edition.
    (c) Boundary. The Ramona Valley viticultural area is located in 
central San Diego County, California. The area's boundaries are defined 
as follows--
    (1) Beginning in the southwest corner of the Borrego Valley map at 
the 882-meter (2,894-foot) peak of Woodson Mountain, T13S, R1W, proceed 
straight north-northwest approximately 3.25 miles to the 652-meter 
(2,140-foot) peak of Starvation Mountain, T13S, R1W (Borrego Valley 
map); then
    (2) Proceed straight east-northeast approximately 12.5 miles to the 
Gaging Station on the northwest shoreline of Sutherland Lake, T12S, R2E 
(Borrego Valley map); then
    (3) Proceed straight southeast approximately 4.4 miles to the 999-
meter (3,278-foot) peak of Witch Creek Mountain, T13S, R2E, east of 
Ballena Valley (Borrego Valley map); then
    (4) Proceed straight south-southeasterly approximately 6.6 miles, 
crossing onto the El Cajon map, to the summit of Eagle Peak (3,166 
feet), T14S, R3E, northeast of the El Capitan Reservoir (El Cajon map); 
then
    (5) Proceed straight west-southwest approximately 12.7 miles, 
passing through Barona Valley, to the peak (1,002 feet) near the center 
of the unnamed island in the San Vicente

[[Page 72720]]

Reservoir, T14S, R1E (El Cajon map); then
    (6) Proceed straight northwesterly approximately 3.9 miles to the 
822-meter (2,697-foot) peak of Iron Mountain, T14S, R1W (El Cajon map); 
and
    (7) Proceed straight north-northwest approximately 2.8 miles, 
crossing onto the Borrego Valley map, and return to the beginning point 
at the peak of Woodson Mountain.

    Signed: August 29, 2005.
John J. Manfreda,
Administrator.

    Approved: November 3, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-23684 Filed 12-6-05; 8:45 am]
BILLING CODE 4810-31-P