[Federal Register Volume 75, Number 102 (Thursday, May 27, 2010)]
[Proposed Rules]
[Pages 29686-29693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12868]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 105; Docket No. TTB-2010-0003]
RIN 1513-AB41


Proposed Establishment of the Pine Mountain-Mayacmas Viticultural 
Area

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

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to 
establish the 4,600-acre ``Pine Mountain-Mayacmas'' American 
viticultural area in portions of Mendocino and Sonoma Counties, 
California. 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 
addition to our regulations.

DATES: We must receive written comments on or before July 26, 2010.

ADDRESSES: You may send comments on this notice to one of the following 
addresses:
    <bullet> http://www.regulations.gov: Use the comment form for this 
notice as posted within Docket No. TTB-2010-0003 on 
``Regulations.gov,'' the Federal e-rulemaking portal, to submit 
comments via the Internet;
    <bullet> Mail: Director, Regulations and Rulings Division, Alcohol 
and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412.
    <bullet> Hand Delivery/Courier in Lieu of Mail: Alcohol and Tobacco 
Tax and Trade Bureau, 1310 G Street, NW., Suite 200-E, Washington, DC 
20005.
    See the Public Participation section of this notice for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing.
    You may view copies of this notice, selected supporting materials, 
and any comments we receive about this proposal within Docket No. TTB-
2010-0003 at http://www.regulations.gov. A direct link to this docket 
is posted on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 105. You also may view copies of this 
notice, all supporting materials, and any comments we receive about 
this proposal by appointment at the TTB Information Resource Center, 
1310 G Street, NW., Washington, DC 20220. Please call 202-453-2270 to 
make an appointment.

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

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 requires that these regulations, 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 
regulations promulgated under the FAA Act.
    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 geographic 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

[[Page 29687]]

States Geological Survey (USGS) maps; and
    <bullet> A copy of the appropriate USGS map(s) with the proposed 
viticultural area's boundary prominently marked.

Pine Mountain-Mayacmas Petition

    Sara Schorske of Compliance Service of America prepared and 
submitted a petition on her own behalf and that of local wine industry 
members to establish the 4,600-acre Pine Mountain-Mayacmas American 
viticultural area in northern California. Located approximately 90 
miles north of San Francisco and 5 miles north-northeast of Cloverdale, 
the proposed viticultural area surrounds much of Pine Mountain, which 
rises to the east of U.S. 101 and the Russian River, to the north of 
the river's Big Sulphur Creek tributary, and to the immediate west of 
the Mayacmas Mountains. About two-thirds of the proposed viticultural 
area lies in the extreme southern portion of Mendocino County, with the 
remaining one-third located in the extreme northern portion of Sonoma 
County.
    According to the petition and the written boundary description, the 
proposed Pine Mountain-Mayacmas viticultural area is totally within the 
multicounty North Coast viticultural area (27 CFR 9.30), and it 
overlaps the northernmost portions of the established Alexander Valley 
viticultural area (27 CFR 9.53) and the Northern Sonoma viticultural 
area (27 CFR 9.70). The proposed area currently has 230 acres of 
commercial vineyards, the petition states, with another 150 acres under 
development.
    The petition states that the distinguishing features of the 
proposed Pine Mountain-Mayacmas viticultural area include its 
mountainous soils, steep topography with high elevations, and a growing 
season climate that contrasts with the climate of the Alexander Valley 
floor below. Also, the petition notes that Pine Mountain-Mayacmas 
vineyards generally are small, 5- to 20-acre plots located on flat or 
gently sloping patches of ground found within the proposed area's steep 
mountainous terrain, which contrast with the larger vineyards found on 
the valley floor.
    We summarize below the supporting evidence presented in the 
petition.

Name Evidence

    According to the petition, the ``Pine Mountain-Mayacmas'' name 
combines the names of the major geographical features found within the 
proposed viticultural area and serves to locate the proposed area 
within northern California. As shown on the provided USGS maps, the 
proposed viticultural area surrounds Pine Mountain, a 3,000-foot peak 
located on the western flank of the Mayacmas Mountains in northern 
Sonoma and southern Mendocino Counties.
    The northern portion of the 1998 USGS Asti, California, quadrangle 
map shows Pine Mountain rising to 3,000 feet in southern Mendocino 
County, near the Sonoma County line. Also, as shown on the Asti map, 
Pine Mountain Road climbs from the Cloverdale area and marks a portion 
of the proposed viticultural area's southern boundary.
    The October 2000 edition of the California State Automobile 
Association's Mendocino and Sonoma Coast road map shows the Mayacamas 
Mountains spanning north-northwest from approximately Mount St. Helena, 
and continuing through the Pine Mountain region to Lake Mendocino. A 
1956 regional map produced by the State of California Division of 
Forestry, as provided in the petition, shows Pine Mountain northeast of 
Cloverdale.
    The 1982 publication, ``Cloverdale Then & Now--Being a History of 
Cloverdale, California, Its Environs, and Families,'' refers to the 
Pine Mountain junction and the Pine Mountain toll road in discussing 
the early roads of the region (page 3). This publication also includes 
a 1942 picture of homesteaders Hubert and George Smith on Pine Mountain 
(page 6). A 1985 article in the Redwood Rancher, ``The Early Wineries 
of the Cloverdale Area,'' by William Cordtz, discusses the grape 
growing of Mrs. Emily Preston in the late 1800s. The article states 
that the Preston Winery ``was on Pine Mountain immediately north of the 
present U.S. 101 bridge north of Cloverdale.''
    The petition also notes that the Pine Mountain Mineral Water 
Company bottled water from springs located on Pine Mountain for more 
than 50 years, until the mid-1900s. A copy of one of the company's 
bottle labels included in the petition prominently displays the ``Pine 
Mountain'' name with a tall mountain in the background and springs in 
the foreground.
    As noted in the petition and as shown on USGS maps, the Mayacmas 
Mountain range covers portions of Mendocino, Sonoma, Napa, and Lake 
Counties. The Mayacmas Mountain range divides Lake County from 
Mendocino, Sonoma, and Napa Counties, and, the petition states, the 
range defines the northern side of the Alexander Valley. According to 
the petition, the mountains were named for the Mayacmas Indians. While 
the name is sometimes spelled ``Mayacamas'' or ``Maacama,'' 
``Mayacmas'' is the official spelling used on USGS maps.
    Noting that the name ``Pine Mountain'' is commonly used throughout 
the United States, the petition states that the use of ``Mayacmas'' in 
the proposed viticultural area's name acts as a geographic modifier 
that pinpoints the proposed viticultural area's northern California 
location. The petitioners believe that ``California'' is not an 
appropriate geographical modifier for the viticultural area's name 
since there are other Pine Mountains in California. The USGS 
Geographical Names Information System (GNIS), for example, lists 21 
additional ``Pine Mountains'' in California.
    The petition also notes that the Mayacmas Mountains ``are closely 
associated with winegrowing'' since the range is home to many vineyards 
and wineries. The Mayacmas range, the petition states, divides the 
grape growing regions of Ukiah and Clear Lake, and borders the 
Alexander Valley (27 CFR 9.53), Napa Valley (27 CFR 9.23), and Sonoma 
Valley (27 CFR 9.29) viticultural areas. The petitioners believe that 
``Mayacmas is an ideal modifier'' to distinguish the proposed 
viticultural area ``from other places with similar names'' and will 
``help consumers easily ascertain its general location.''

Boundary Evidence

    According to the petition, the proposed 4,600-acre Pine Mountain-
Mayacmas viticultural area encompasses those portions of Pine Mountain 
and its lower slopes that are suitable for viticulture. The petition 
states that the boundary was drawn in consideration of the mountain's 
varying steepness, water availability, and solar orientation.
    The petition notes that within the proposed Pine Mountain-Mayacmas 
viticultural area vineyard development is limited to the small, 5- to 
20-acre plots of flatter ground found within the proposed area's steep 
terrain. Limiting factors for these mountain vineyard operations, the 
petition explains, include the needs for tractor use and economical 
erosion control. The mountain vineyards' patchwork arrangement, the 
petition continues, contrasts to the large vineyards, some of 100 acres 
or more, found on the floor of the nearby Alexander Valley.
    The petition states that the south and southwest sides of Pine 
Mountain, included within the proposed area's boundary, have favorable 
growing season solar orientation as compared with the less sunny sides 
of the mountain outside of the proposed

[[Page 29688]]

boundary line. Successful viticulture depends partially on a favorable 
solar orientation to provide adequate growing season sunshine and heat 
accumulation. The petition summarizes the rationale for the proposed 
Pine Mountain-Mayacmas viticultural area boundary as shown in the table 
below:

------------------------------------------------------------------------
 Sides of Pine Mountain in relationship
   to the proposed viticultural area       Viticultural considerations
------------------------------------------------------------------------
North: Outside boundary line...........  Inadequate sun and heat.
East: Outside boundary line............  Inadequate sun and heat.
South and southwest at higher            Some gentle slopes, good sun
 elevations: Inside boundary line.        exposure and heat
                                          accumulation, and available
                                          water.
South at lower elevations below Pine     Steep terrain and lack of
 Mountain Road: Outside boundary line.    water.
West at higher elevations: Inside        Some gentle slopes, good sun
 boundary line.                           exposure and heat
                                          accumulation, and available
                                          water.
West at lower elevations: Outside        Steep terrain.
 boundary line.
------------------------------------------------------------------------

    The history of grape-growing and winemaking in the Pine Mountain 
region goes back to the 19th century, according to the petition. The 
1877 ``Thompson Historical Atlas Map of Sonoma County'' lists several 
grape growers with vineyards on or near Pine Mountain. These included, 
the petition states, George Allen's 2-acre vineyard on the slopes of 
Pine Mountain, J.G. Rains' 10-acre vineyard, Clay Worth's 6-acre 
vineyard at the base of Pine Mountain, and Wellington Appleton, who 
owned 144 acres on the mountain's western slopes.
    About 1910, the petition states, Steve Ratto developed a vineyard 
and winery at the 1,700-foot elevation of Pine Mountain, and the site 
is located inside the southwest boundary line of the proposed 
viticultural area. The winery site is shown on a 1956 State of 
California Division of Forestry map for the region included with the 
petition. The petition notes that remnants of the old winery building 
are still visible and that modern vineyards grow on the site as well.
    The petition also describes the large vineyard and winery operation 
of Hartwell and Emily Preston. The Preston Ranch, dating back to 1869, 
came to include over 1,500 acres of land, a 10-acre vineyard, an oak 
cooperage, and a large winery and wine cellar. An October 29, 1874, 
article in the Russian River Flag newspaper lauded Preston's ``Fruit 
and Wine Ranch,'' and noted that it stretched from the eastern bank of 
the Russian River to the slopes of Pine Mountain. Reports from the time 
state that Preston harvested 40 tons of grapes from his vineyards in 
1889. Much of the Preston winery's output was used in the various 
patent medicines prescribed by Emily Preston, a well-known faith healer 
of the time. According to the USGS Cloverdale Quadrangle map and a map 
included in the petition, the former Preston vineyard lies about a mile 
outside of the western boundary line of the proposed Pine Mountain-
Mayacmas viticultural area.

Distinguishing Features

    Differences in topography, climate, and soils distinguish the 
proposed Pine Mountain-Mayacmas viticultural area from the surrounding 
areas, according to the petition.
Topography
    The proposed Pine Mountain-Mayacmas viticultural area is higher in 
elevation, with steeper terrain, than the lower, flatter Alexander 
Valley to the proposed viticultural area's southwest. Elevations within 
the proposed viticultural area begin at 1,600 feet and rise to the 
3,000-foot summit of Pine Mountain. The terrain within the proposed 
viticultural area is generally steep and mountainous. Patches of 
flatter ground within this steep terrain allow for the development of 
areas of small, 5- to 20-acre vineyards.
    In contrast, to the west and south, the Alexander Valley floor 
rises from about 260 feet in elevation at the Russian River and 
continues easterly and upward to the foothills of Pine Mountain and the 
Mayacmas Mountains. This flatter, lower terrain allows for the 
development of larger vineyards, some 100 acres or more, with different 
viticultural characteristics than found in the small mountain 
vineyards. Areas to the north and east of the proposed viticultural 
area, while similar in elevation and steepness, lack the flatter 
patches of ground and water resources needed for vineyard development.
Climate
    The distinctive growing season climatic factors of the proposed 
Pine Mountain-Mayacmas viticultural area include limited marine fog 
cover, abundant sunshine, mild diurnal temperature changes, significant 
wind, and heavy winter rainfall, according to the petition. Quoting 
local growers, the petition states that the cooler spring climate of 
Pine Mountain delays the start of vine growth by about 2 weeks, as 
compared to valley vineyards. The sunnier summer growing conditions of 
the proposed viticultural area ensure that grape harvest starts at the 
same time as on the foggier valley floor. The petition also notes that 
the proposed area's growing season climate is cooler during the day, 
warmer at night, windier, and wetter than the surrounding, lower 
elevation grape growing areas.
    In support of these conclusions, the petitioners gathered climatic 
data from six regional weather stations within and surrounding the 
proposed viticultural area. These were: Cloverdale (southwest of Pine 
Mountain at 333 feet), Hopland East (north-northwest of Pine Mountain 
at 1,160 feet), Hopland West (northwest of Pine Mountain at 1,200 
feet), Sanel Valley (north-northwest of Pine Mountain at 525 feet), 
Alexander Valley (at the Seghesio Vineyards valley weather station, 
south-southwest of Pine Mountain at 350 feet), and Pine Mountain (at 
the Seghesio Vineyards mountain weather station, within the proposed 
viticultural area's boundary line at 2,600 feet in elevation).
    Fog: Despite the later start of the grape growing season at the 
higher elevations of the proposed viticultural area, the differing 
elevation-based fog patterns found on Pine Mountain allow grape growth 
within the proposed viticultural area to catch up with the earlier 
start of the valley vineyards, according to local growers. The petition 
states that the heavy fog that frequently blankets the surrounding 
valley floors fails to rise to the 1,600-foot minimum elevation of the 
proposed Pine Mountain-Mayacmas viticultural area boundary line. The 
petition describes the mountain as a sunny island floating above the 
fog, and the petition included pictorial documentation of this 
phenomenon.
    The petition states that the proposed Pine Mountain-Mayacmas 
viticultural area averages 3 to 4 hours more sunlight

[[Page 29689]]

a day than the Alexander Valley during the growing season. While the 
valley remains blanketed under a heavy fog layer until late morning and 
then again later in the afternoon, the higher Pine Mountain elevations 
routinely bask in sunshine all day without fog. The extra sunlight and 
resulting longer daily period of warmth found on the higher slopes of 
Pine Mountain allow grapes to develop quickly and mature at the same 
time as those grown in valley floor vineyards.
    Temperatures: During the growing season, daytime high temperatures 
within the proposed Pine Mountain-Mayacmas viticultural area are 
consistently cooler, and overnight temperatures are consistently 
warmer, than those found on the Alexander Valley floor, according to 
the petition data. The petition includes temperature data gathered by 
local grape grower John Copeland, who gathered hourly temperature 
readings at several sites within the proposed viticultural area prior 
to planting his vineyards there. The petitioners combined Mr. 
Copeland's data and that of the valley weather stations noted above in 
order to document the diurnal temperature differences between the 
proposed area and the lower valley floor. The average temperature 
differences between the higher elevations on Pine Mountain and the 
lower elevations on the Alexander Valley floor are shown in the table 
below:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Diurnal
                                                          High temperature   Low temperature      temperature
                  Region and elevation                       ([deg] F)          ([deg] F)        variation (in
                                                                                                    [deg] F)
----------------------------------------------------------------------------------------------------------------
Pine Mountain (2,200 feet).............................                 74                 60                 14
Valley Floor (225 feet)................................                 84                 49                 35
----------------------------------------------------------------------------------------------------------------

    The petition states that nights are warmer on the slopes of Pine 
Mountain mainly because cool night mountain air, being heavier than 
warm air, drains off the mountain into the valley below. This downward 
nocturnal air flow leaves the slopes of Pine Mountain slopes relatively 
warmer as compared to the cooler valley air temperatures. In addition, 
the petition explains that the marine inversion, a summer coastal 
phenomenon, results from a layer of cool, heavy, and moist marine air 
and fog that slips beneath the layer of warmer air. This cool, foggy 
air blankets the Alexander Valley floor and does not mix with the 
lighter, warm air above it on the mountain slopes. This phenomenon, the 
petition continues, inverts the normal mountainous air temperature 
pattern of cooler temperatures above and warmer temperatures below.
    Wind: The proposed Pine Mountain-Mayacmas viticultural area climate 
includes stronger and more frequent winds than those found in the 
valley below, the petition explains. The petition states that local 
growers report that Pine Mountain vineyards are naturally free of 
mildew, a vineyard malady commonly found in areas with more stagnant 
air.
    Precipitation: The petition notes that the proposed viticultural 
area receives 30 to 60 percent more rainfall than the valley below. 
Southern storms often stall over Pine Mountain and the Mayacmas range, 
dropping more rain than in other areas. Pine Mountain also receives 
some upper elevation-based snow, something unheard of on the Alexander 
Valley floor below, the petition explains.
Soils
    According to the petition, the mountain soils within the proposed 
Pine Mountain-Mayacmas viticultural area are significantly different 
from the alluvial valley soils found at lower elevations outside the 
proposed area. The petition documents these differences using United 
States Department of Agriculture online soil maps for Mendocino and 
Sonoma Counties.
    However, as the petition notes, the two county soil maps use 
different soils names since the two counties' soil surveys were 
conducted years apart using different name protocols. Specifically, the 
Sonoma County Soil Survey shows that the portion of the proposed 
viticultural area within that county falls within the Los Gatos-
Hennecke-Maymen association, with the Los Gatos soils series the 
predominant soil type. The Mendocino County Soil Survey, however, shows 
that the portion of the proposed viticultural area within that county 
falls within the Maymen-Estel-Snook association.
    To show that the soils within the proposed viticultural area are 
generally the same in each county, the petition also provides 
descriptions of the physical characteristics of the proposed 
viticultural area's soils. The petition describes the parent materials 
of the proposed Pine Mountain-Mayacmas viticultural area's soils as 
fractured shale and weathered sandstone. The petition notes that soils 
within the proposed viticultural area are mountainous types, which are 
generally steep, shallow to moderately deep, and very well to 
excessively well-drained. Also, these mountain soils include large 
amounts of sand and gravel. Pine Mountain soils are generally less than 
3 feet in depth, the petition continues, with more than half at depths 
of 12 inches or less. In contrast, soils found on the Alexander Valley 
floor and in other lower elevation areas outside of the proposed 
viticultural area are deeper, less well-drained alluvial soils.

Overlap With Established Viticultural Areas

    The Sonoma County portion of the proposed Pine Mountain-Mayacmas 
viticultural area lies almost entirely within the northern portion of 
the established Alexander Valley viticultural area, which, in turn, 
lies within the northern portion of the established Northern Sonoma 
viticultural area. The Alexander Valley and Northern Sonoma 
viticultural areas both lie totally within the North Coast viticultural 
area. While located in whole or in part within these existing 
viticultural areas, the petitioners believe that the proposed Pine 
Mountain-Mayacmas viticultural area is distinguishable from those 
existing areas.
    For example, the petition states that the 76,034-acre Alexander 
Valley viticultural area largely consists of lower elevation valley 
floor along the Russian River, with vineyards located below 600 feet, 
while the proposed Pine Mountain-Mayacmas viticultural area largely 
consists of mountainous terrain located above 1,600 feet. Further, as 
noted above, the petition includes climatic data documenting the 
differing valley and mountain growing season temperatures, wind, and 
fog patterns found in this region.
    In addition, the petition notes that the 349,833-acre Northern 
Sonoma viticultural area extends 40 miles south from the Mendocino-
Sonoma County line to the southernmost reaches of the Russian River 
Valley viticultural area

[[Page 29690]]

(27 CFR 9.66) southwest of Sebastopol. The large Northern Sonoma 
viticultural area includes the Alexander Valley (27 CFR 9.53), Knights 
Valley (27 CFR 9.76), Chalk Hill (27 CFR 9.52), Russian River Valley 
(27 CFR 9.66), Green Valley of Russian River Valley (27 CFR 9.57), and 
Dry Creek Valley (27 CFR 9.64) viticultural areas with their differing 
microclimates and terrains. According to the petition, the diversity of 
the Northern Sonoma viticultural area stands in contrast to the uniform 
climate and terrain found within the proposed Pine Mountain-Mayacmas 
viticultural area.
    The established North Coast viticultural area lies north and 
northwest of San Francisco, and includes all of Sonoma County and 
portions of Mendocino, Napa, Lake, Solano, and Marin Counties. This 
very large viticultural area's distinguishing features include its 
distinctive coastal climate and topography. While the proposed Pine 
Mountain-Mayacmas viticultural area has a somewhat similar climate, the 
petition notes, the proposed area is small, is limited to higher 
elevations, and is less foggy than the general North Coast area's 
climate.

TTB Determination

    TTB concludes that the petition to establish the 4,600-acre Pine 
Mountain-Mayacmas American viticultural area merits consideration and 
public comment, as invited in this notice.

Relationship to Existing Viticultural Areas

Alexander Valley Viticultural Area
    The original Treasury Decision, T.D. ATF-187, establishing the more 
than 60,000-acre Alexander Valley AVA, was published in the Federal 
Register (49 FR 42719) on October 24, 1984. In the discussion of 
geographical features, T.D. ATF-187 relied on the geographical features 
of the valley floor and specifically excluded the mountainous area to 
the east, primarily because these areas were determined to have 
geographical features different from those in the established 
viticultural area. T.D. ATF-187 stated that the mountainous area has an 
average rainfall of 30 to 70 inches, temperatures of 54 to 58 degrees 
Fahrenheit, and a frost-free season of 230 to 270 days but that the 
valley floor has an average rainfall of 25 to 50 inches, temperatures 
of 54 to 60 degrees Fahrenheit, and a frost-free season of 240 to 260 
days. Regarding soils, T.D. ATF-187 stated that the mountain area to 
the east is characterized primarily by the Goulding-Toomes-Guenoc and 
Henneke-Maymen associations, but the valley floor, by the Yolo-Cortina-
Pleasanton association. TTB notes that the temperature and frost-free 
season data concerning the valley and the mountainous area, though 
different, are not so different as to be considered significantly 
different.
    The area in the Alexander Valley viticultural area that also 
overlaps the proposed Pine Mountain-Mayacmas viticulture area was added 
in Treasury Decision ATF-233, published in the Federal Register (51 FR 
30353) on August 26, 1986. In discussing the proposal to add 
approximately 1,536 acres to the existing Alexander Valley viticultural 
area ``at elevations between 1,600 feet and 2,400 feet above sea level 
on Pine Mountain,'' T.D. ATF-233 recognized that ``the land in the area 
shares similar geological history, topographical features, soils, and 
climatic conditions as adjoining land within the previously established 
boundary of the [Alexander Valley] viticultural area.''
    However, the petitioner provides more detailed evidence regarding 
the geographical features that distinguish the entire proposed Pine 
Mountain-Mayacmas viticultural area (including the overlap area) from 
the greater portion of the Alexander Valley viticultural area. That 
evidence details the significant differences between the areas in 
comparable night and day temperatures, rainfall, and soils. The 
petitioner also included evidence that the proposed Pine Mountain-
Mayacmas viticultural area climate includes stronger and more frequent 
winds than those found in the valley below.
Northern Sonoma Viticultural Area
    The Alexander Valley viticultural area is within the Northern 
Sonoma viticultural area, and the area of overlap is the same with 
respect to both the Northern Sonoma and Alexander Valley viticultural 
areas. In addition, the name recognition for the Northern Sonoma 
viticultural area does not extend into the portion of the proposed Pine 
Mountain Mayacmas viticultural area beyond the boundary line for the 
Alexander Valley viticultural area. Historically, the outer boundaries 
of four viticultural areas [Alexander Valley, Dry Creek Valley, Russian 
River Valley, and Knights Valley] have been used in defining the 
boundary of the Northern Sonoma viticultural area.
    T.D. ATF-204, which established the Northern Sonoma viticultural 
area, states:

    Six approved viticultural areas are located entirely within the 
Northern Sonoma viticultural area as follows: Chalk Hill, Alexander 
Valley, Sonoma County Green Valley, Dry Creek Valley, Russian River 
Valley, and Knights Valley.
    The Sonoma County Green Valley and Chalk Hill areas are each 
entirely within the Russian River Valley area. The boundaries of the 
Alexander Valley, Dry Creek Valley, Russian River Valley, and 
Knights Valley areas all fit perfectly together dividing northern 
Sonoma County into four large areas. The Northern Sonoma area uses 
all of the outer boundaries of those four areas with the exception 
of an area southwest of the Dry Creek Valley area and west of the 
Russian River Valley area.

    Note: Sonoma County Green Valley was subsequently renamed Green 
Valley of Russian River Valley.


    TTB also notes that the Northern Sonoma viticultural area has been 
adjusted twice in order to maintain its boundary as being formed by the 
outer boundaries of the four areas specified in T.D. ATF-204 (See T.D. 
ATF-233 published in the Federal Register on August 26, 1986 (51 FR 
30352) and T.D. ATF-300 published in the Federal Register on August 9, 
1990 (55 FR 32400)).
North Coast Viticultural Area
    In addition to what was previously discussed in this document 
concerning the North Coast viticultural area, TTB notes that this 
viticultural area, established by T.D. ATF-145, 48 FR 42973 (September 
21, 1983), encompasses approximately 40 established viticultural areas, 
as well as the proposed Pine Mountain-Mayacmas viticultural area, in 
northern California. In the ``Geographical Features'' section, T.D. 
ATF-145 states that climate is the major factor in distinguishing the 
North Coast viticultural area from surrounding areas, and that all the 
areas within the North Coast viticultural area receive marine air and 
most receive fog. T.D. ATF-145 also states that ``[due] to the enormous 
size of the North Coast, variations exist in climatic features such as 
temperatures, rainfall and fog intrusion.''
    The proposed Pine Mountain-Mayacmas viticultural area shares the 
basic geographical feature of North Coast, marine air that results in 
greater amounts of rain in the proposed viticultural area. However, the 
proposed viticultural area is much more uniform in its geographical 
features than the North Coast viticultural area. In this regard, T.D. 
ATF-145 specifically states, ``approval of this viticultural area does 
not preclude approval of additional areas, either wholly contained with 
the North Coast, or partially overlapping the North Coast * * * the 
smaller viticultural areas tend to be more

[[Page 29691]]

uniform in their geographical and climatic characteristics * * *.''

Boundary Description

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

Maps

    The petition included the required maps, and we list them below in 
the proposed 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. If we establish this proposed viticultural area, its 
name, ``Pine Mountain-Mayacmas,'' will be recognized as a name of 
viticultural significance under 27 CFR 4.39(i)(3). The text of the 
proposed regulation clarifies this point.
    If this proposed regulatory text is adopted as a final rule, wine 
bottlers using ``Pine Mountain-Mayacmas'' in a brand name, including a 
trademark, or in another label reference as to the origin of the wine, 
will have to ensure that the product is eligible to use the full name 
of the viticultural area as an appellation of origin. Additionally, TTB 
wishes to clarify that if this viticultural area is established as the 
``Pine Mountain-Mayacmas'' viticultural area, this establishment would 
preclude the use of an alternate spelling, such as ``Pine Mountain-
Mayacamas,'' as the name of the viticultural area on a wine label. It 
would also preclude the use of an alternate spelling, such as ``Pine 
Mountain-Mayacamas,'' in a brand name, including a trademark, or in 
another label reference as to the origin of the wine unless the product 
were eligible to use the established name of the viticultural area as 
an appellation of origin. For a wine to be labeled with a viticultural 
area name or with a brand name that includes a viticultural area name 
or other term specified as having viticultural significance, at least 
85 percent of the wine must be derived from grapes grown within the 
area represented by that name or other term, 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 the viticultural area name or other 
viticulturally significant term and that name or term 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 or other term of viticultural significance 
appears in another reference on the label in a misleading manner, the 
bottler would have to obtain approval of a new label. Accordingly, if a 
previously approved label uses the name ``Pine Mountain-Mayacmas'' for 
a wine that does not meet the 85 percent standard, the previously 
approved label will be subject to revocation upon the effective date of 
the approval of the Pine Mountain-Mayacmas viticultural area.
    Different rules apply if a wine has a brand name containing a 
viticultural area name or other viticulturally significant term that 
was used as a brand name on a label approved before July 7, 1986. See 
27 CFR 4.39(i)(2) for details.

Public Participation

Comments Invited

    We invite comments from interested members of the public on whether 
we should establish the proposed Pine Mountain-Mayacmas viticultural 
area. We are interested in receiving comments on the sufficiency and 
accuracy of the name, boundary, climate, soils, and other required 
information submitted in support of the petition.
    In addition, given the proposed Pine Mountain-Mayacmas viticultural 
area's location within the multicounty North Coast viticultural area 
and its overlap with the Alexander Valley and Northern Sonoma 
viticultural areas, we are interested in receiving comments on whether 
the evidence submitted in the petition regarding the distinguishing 
features of the proposed viticultural area sufficiently differentiates 
it from those existing viticultural areas, and, in general, whether the 
evidence submitted warrants the establishment of the proposed 
viticultural area within the existing North Coast viticultural area and 
portions of the Alexander Valley and Northern Sonoma viticultural 
areas.
    Further, we note that the petitioner provides detailed evidence 
regarding the geographical features that distinguish the entire 
proposed Pine Mountain-Mayacmas viticultural area (including the 
overlap area) from the greater portion of the Alexander Valley 
viticultural area. We are interested in receiving comments on whether 
approval of the proposed viticultural area with the overlap is 
appropriate. That is, are the geographical features of the proposed 
viticultural area sufficiently different from those of the Alexander 
Valley viticultural area so that overlap is inappropriate, or are there 
geographical features of the proposed viticultural area that are 
sufficiently similar to those of the Alexander Valley viticultural area 
so that overlap is appropriate? We are also interested in comments, 
based on any asserted lack of sufficient similarity between 
geographical features of the proposed viticultural area and those of 
the Alexander Valley viticultural area, on whether the potential 
overlap with the Alexander Valley and Northern Sonoma viticultural 
areas should be avoided by curtailing both the Alexander Valley and 
Northern Sonoma viticultural areas so that these existing viticultural 
areas would merely border on rather than overlap the proposed Pine 
Mountain-Mayacmas viticultural area, or whether both the Alexander 
Valley and Northern Sonoma viticultural areas should be extended to 
completely encompass the new area. Please provide any available 
specific information in support of your comments.
    Because ``Mayacmas'' and ``Mayacamas'' are alternate spellings of 
the same name, we are interested in any comments concerning whether 
``Pine Mountain-Mayacmas'' should be the name of this viticultural area 
or should the name be ``Pine Mountain-Mayacamas''. Additionally, 
because of the potential impact of the establishment of the proposed 
Pine Mountain-Mayacmas viticultural area on wine labels that include 
the term ``Pine Mountain-Mayacmas'' or an alternate spelling, such as 
``Pine Mountain-Mayacamas'' as discussed above under Impact on Current 
Wine Labels, we are particularly interested in comments regarding 
whether there will be a conflict between either of these terms and 
currently used brand names. If a commenter believes that a conflict 
will arise, the comment should describe the nature of that conflict, 
including any negative economic impact that approval of the proposed 
viticultural area will have on an existing viticultural enterprise. We 
are also interested in receiving suggestions for ways to avoid any 
conflicts, for example, by adopting a modified or different name for 
the viticultural area.

Submitting Comments

    You may submit comments on this notice by using one of the 
following three methods:
    <bullet> Federal e-Rulemaking Portal: You may send comments via the 
online comment form linked to this notice in Docket No. TTB-2010-0003 
on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A link to the docket is available under Notice No. 
105 on the TTB Web site at http://

[[Page 29692]]

www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be 
attached to comments submitted via Regulations.gov. For information on 
how to use Regulations.gov, click on the site's Help or FAQ tabs.
    <bullet> U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412.
    <bullet> Hand Delivery/Courier: You may hand-carry your comments or 
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau, 
1310 G Street, NW., Suite 200-E, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
notice. Your comments must reference Notice No. 105 and include your 
name and mailing address. Your comments also must be made in English, 
be legible, and be written in language acceptable for public 
disclosure. We do not acknowledge receipt of comments, and we consider 
all comments as originals.
    If you are commenting on behalf of an association, business, or 
other entity, your comment must include the entity's name as well as 
your name and position title. If you comment via Regulations.gov, 
please include the entity's name in the ``Organization'' blank of the 
comment form. If you comment via postal mail, please submit your 
entity's comment on letterhead.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine whether to hold a public hearing.

Confidentiality

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

Public Disclosure

    On the Federal e-rulemaking portal, Regulations.gov, we will post, 
and the public may view, copies of this notice, selected supporting 
materials, and any electronic or mailed comments we receive about this 
proposal. A direct link to the Regulations.gov docket containing this 
notice and the posted comments received on it is available on the TTB 
Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice 
No. 105. You may also reach the docket containing this notice and the 
posted comments received on it through the Regulations.gov search page 
at http://www.regulations.gov.
    All posted comments will display the commenter's name, organization 
(if any), city, and State, and, in the case of mailed comments, all 
address information, including e-mail addresses. We may omit voluminous 
attachments or material that we consider unsuitable for posting.
    You and other members of the public may view copies of this notice, 
all related petitions, maps and other supporting materials, and any 
electronic or mailed comments we receive about this proposal by 
appointment at the TTB Information Resource Center, 1310 G Street, NW., 
Washington, DC 20220. You may also obtain copies at 20 cents per 8.5- x 
11-inch page. Contact our information specialist at the above address 
or by telephone at 202-453-2270 to schedule an appointment or to 
request copies of comments or other materials.

Regulatory Flexibility Act

    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. Therefore, it requires no regulatory 
assessment.

Drafting Information

    Nancy Sutton of the Regulations and Rulings 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--Approved American Viticultural Areas

    2. Subpart C is amended by adding Sec.  9.---- to read as follows:


Sec.  9.----  Pine Mountain-Mayacmas.

    (a) Name. The name of the viticultural area described in this 
section is ``Pine Mountain-Mayacmas''. For purposes of part 4 of this 
chapter, ``Pine Mountain-Mayacmas'' is a term of viticultural 
significance.
    (b) Approved maps. The three United States Geological Survey 1: 
24,000 scale topographic maps used to determine the boundary of the 
Pine Mountain-Mayacmas viticultural area are titled:
    (1) Asti Quadrangle--California, 1998;
    (2) Cloverdale Quadrangle--California, 1960, photoinspected 1975; 
and
    (3) Highland Springs Quadrangle--California, 1959, photorevised 
1978.
    (c) Boundary. The Pine Mountain-Mayacmas viticultural area is 
located in Sonoma and Mendocino Counties, California. The boundary of 
the Pine Mountain-Mayacmas viticultural area is as described below:
    (1) The beginning point is on the Asti map at the intersection of 
Pine Mountain Road and the Sonoma-Mendocino County line, section 35, 
T12N, R10W. From the beginning point, proceed southwesterly on Pine 
Mountain Road to its intersection with a light duty road known locally 
as Green Road, section 33, T12N, R10W; then
    (2) Proceed northerly on Green Road approximately 500 feet to its 
first intersection with the 1,600-foot contour line, section 33, T12N, 
R10W; then
    (3) Proceed northwesterly along the meandering 1,600-foot contour 
line, crossing onto the Cloverdale map in section 32, T12N, R10W, and 
continue to the contour line's intersection with the Sonoma-Mendocino 
County line at the northern boundary of section 31, T12N, R10W; then
    (4) Proceed northeasterly along the meandering 1,600-foot contour 
line to its intersection with the intermittent Ash Creek, section 29, 
T12N, R10W; then
    (5) Proceed northeasterly in a straight line, crossing onto the 
Asti map, to the unnamed 2,769-foot peak located south of Salty Spring 
Creek, section 20, T12N, R10W; then
    (6) Continue northeasterly in a straight line, crossing onto the 
Highland Springs map, to the unnamed 2,792-foot peak in the northeast 
quadrant of section 21, T12N, R10W; then
    (7) Proceed east-southeasterly in a straight line, crossing onto 
the Asti map, to the unnamed 2,198-foot peak in section 23, T12N, R10W; 
and then

[[Page 29693]]

    (8) Proceed south-southeasterly in a straight line, returning to 
the beginning point.

    Signed: May 24, 2010.
John J. Manfreda,
Administrator.
[FR Doc. 2010-12868 Filed 5-26-10; 8:45 am]
BILLING CODE 4810-31-P