[Federal Register Volume 75, Number 170 (Thursday, September 2, 2010)]
[Proposed Rules]
[Pages 53877-53883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21989]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2010-0005; Notice No. 108]
RIN 1513-AB55


Proposed Establishment of the Antelope Valley of the California 
High Desert Viticultural Area

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 proposes to 
establish the 665-square mile ``Antelope Valley of the California High 
Desert'' viticultural area in Los Angeles and Kern 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 November 1, 2010.

ADDRESSES: You may send comments on this notice to one of the following 
addresses:
    <bullet> http://www.regulations.gov (Federal e-rulemaking portal; 
follow the instructions for submitting comments);
    <bullet> U.S. Mail: Director, Regulations and Rulings Division, 
Alcohol and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, 
DC 20044-4412; or
    <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 at http://www.regulations.gov within Docket No. TTB-2010-0005. 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. 108. You also may view copies 
of this notice, all related petitions, maps or other 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; telephone 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 States Geological 
Survey (USGS) maps; and

[[Page 53878]]

    <bullet> A copy of the appropriate USGS map(s) with the proposed 
viticultural area's boundary prominently marked.

Antelope Valley of the California High Desert Petition

    Mr. Ralph Jens Carter, on behalf of the Antelope Valley Winegrowers 
Association, proposes to establish the Antelope Valley of the 
California High Desert viticultural area. The proposed viticultural 
area covers 665 square miles, and lies in inland southern California, 
approximately 50 miles north of the Los Angeles metropolitan area. TTB 
notes that the proposed viticultural area is not within, does not 
contain, and does not overlap any existing or currently proposed 
viticultural area. In 2007, the proposed viticultural area included 128 
planted acres in 16 commercial vineyards, and 2 bonded wineries, 
according to a listing in the petition exhibits.
    The distinguishing features of the proposed Antelope Valley of the 
California High Desert viticultural area are climate, geology, 
geography, and soils, according to the petition. The Antelope Valley is 
surrounded by mountains on three sides and by a desert on the other 
side; it has an arid climate, desert soils, and a valley geomorphology.

History of Agriculture and Viticulture in the Antelope Valley

    For an estimated 11,000 years, various cultures have populated the 
Antelope Valley region, according to the petitioner. Native American 
tribes, traveling north from what is now Arizona and New Mexico, used 
the valley as a trade route.
    In the 1880s and early 1890s, Antelope Valley had ample rainfall 
and available surface water for farming. When settlers needed 
irrigation for farming, they initially used water from mountain 
streams, but eventually they dug wells into underground water 
reservoirs.
    The petition states that early viticulture in the Antelope Valley 
area consisted of two growers in Lancaster (``Directory of the Grape 
Growers and Winemakers in California,'' Compiled by Clarence J. 
Wetmore, Secretary of the Board of State Viticulture Commissioners, 
1888). By 1893, viticulture in the area grew to 239 acres of vines, 6.5 
acres of wine grapes, and 8 growers (``Vineyards of Southern 
California,'' E.C. Bichowsky, California Board of State Viticultural 
Commissioners, 1893).
    A drought in 1894 and Prohibition (1919-1933) ended viticulture in 
Antelope Valley, according to the petition. However, in the early 20th 
century water supplies for general farming in the valley became 
dependable as gasoline engines and electric pumps came into use. In 
1913, the Los Angeles Aqueduct, extending from Owens Valley in 
southeastern California to Los Angeles, was built. Bordering the north 
side of Antelope Valley, it also helped revive the agricultural economy 
in the valley. Viticulture restarted in 1981, when Steve Godde planted 
5 acres to grapevines on the west side of the valley.

Name Evidence

    The name ``Antelope Valley of the California High Desert'' combines 
the name recognition of the valley and the California high desert area 
into a single geographic descriptor, according to the petitioner. The 
modifier ``California High Desert'' distinguishes the proposed 
viticultural area from other places in California and elsewhere also 
called ``Antelope Valley;'' it is commonly used by area inhabitants to 
distinguish and identify the Antelope Valley located in the high desert 
in southeastern California. According to the Geographic Names 
Information System (GNIS) maintained by the USGS, the ``Antelope 
Valley'' name identifies 35 geographical locations in 10 States, 
including 9 locations in California.
    The petition contains several documents and citations that refer to 
the ``Antelope Valley'' in Los Angeles and Kern Counties, as follows: 
The USGS 1974 photorevised Little Buttes Quadrangle; the 1977 Geologic 
Map of California, compiled by Charles W. Jennings; the 2005 DeLorme 
Southern and Central California Atlas and Gazetteer; the California Air 
Resources Board Web site; and the 2001 California State Automobile 
Association (CSAA) Coast and Valley edition. The petition also includes 
excerpts of the 2006 Antelope Valley AT&T telephone directory listing 
more than 80 entities--businesses, churches, and health care providers, 
a college, a high school district, and a chamber of commerce--with 
``Antelope Valley'' in their names.
    References to the ``High Desert'' in the proposed viticultural area 
name include an excerpt from the 2006 Antelope Valley AT&T telephone 
directory, according to the petition. The telephone directory lists 25 
entities in the subject Antelope Valley area--businesses, health care 
providers, a school, a church, and a hospital--with ``High Desert'' in 
their names.
    Also of relevance, Antelope Valley is described as ``Medium to high 
desert of California and southern Nevada'' in the ``Sunset Western 
Garden Book'' (Kathleen Norris Brenzel, editor, eighth edition, January 
2007, Sunset Publishing Corporation, Menlo Park, California), which is 
discussed in more detail below.

Boundary Evidence

    The Antelope Valley region is a wedge-shaped portion of the western 
Mojave Desert, according the petitioner. The north and west sides of 
the wedge border the Tehachapi Mountains; the south side, the San 
Gabriel Mountains, the Sierra Pelona Mountains, and Portal Ridge. The 
east side is an open continuation of the Mojave Desert.
    The boundary line for the proposed Antelope Valley of the 
California High Desert viticultural area defines an area in the greater 
Antelope Valley region. The proposed viticultural area has similar 
climate, geology, geography, and soils. These geographical features are 
distinct from the areas outside of the proposed viticultural area.
    The proposed north boundary line is defined by a portion of the Los 
Angeles Aqueduct, streets, elevation lines, a trail, the southwest 
perimeter of the Edwards Air Force Base (AFB), and a series of 
stairstep section lines. The proposed east boundary line is defined by 
a section line. The proposed south boundary line is defined by 
elevation lines and a portion of the California Aqueduct system, which 
runs along the foothills of the surrounding mountains. The proposed 
west boundary line is defined by a portion of the Los Angeles Aqueduct. 
No part of Edwards AFB lies within the proposed viticultural area.

Distinguishing Features

    The distinguishing features of the proposed Antelope Valley of the 
California High Desert viticultural area include climate, geology, 
geography, and soils, according to the petition.
Climate
    The petition states that, in most years, summers in the Antelope 
Valley are hot and dry and winters are relatively cold (Soil Survey of 
the Antelope Valley Area, California, 1970, U.S. Department of 
Agriculture, Soil Conservation Service, in cooperation with the 
University of California Agricultural Experiment Station). Annual 
precipitation in the valley ranges from 4 to 9 inches, with little or 
no snow. The growing season is 240 to 260 days long. The table below 
summarizes the climate data presented in the petition for the Antelope 
Valley and the surrounding areas. The data are discussed in the text 
below.

[[Page 53879]]



    Annual Precipitation, Growing Season Length, Winter Low Temperatures, Sunset Climate Zone, and Winkler Climate Region for Antelope Valley and the
                                                                    Surrounding Areas
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                                   Antelope           North             East           Southeast        South central       Southwest          West
                                    Valley     ---------------------------------------------------------------------------------------------------------
                               ----------------                                       San Gabriel                          San Gabriel
           Location                                 Tehachapi        Victorville       Mountains         San Gabriel       Mountains,
                                    Within          Mountains        and Edwards    transitioning to  Mountains, lower       higher          Sandberg
                                                                         AFB       higher elevations      elevations       elevations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual precipitation (in.)....             4-9  12-20............           1.4-5  10-20............  10-20...........  9-20............           14-16
Growing season (days).........         240-260  50-100...........         215-235  170-190..........  220-240.........  100-150.........          50-100
Sunset climate zone *.........              11  1A...............              10  7................  18..............  2A..............              1A
Winkler region/degree days **.       V (4,600)  No Data..........       V (4,900)  No Data..........  No Data.........  No Data.........     III (3,370)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* See the ``Sunset Western Garden Book'' (Brenzel), discussed below.
** See ``General Viticulture'' (Winkler), discussed below.

    Hot summers, cold winters, and widely varying daily temperatures 
characterize the climate in the Antelope Valley, according to the 
petition. On average, 110 days a year have high temperatures above 90 
degrees F, but nights are mild. The growing season extends from mid-
March to early November. Winter low temperatures range from 6 to 11 
degrees F.
    In the mountainous areas to the south, west, and north of the 
Antelope Valley, summers are cool and winters are cold, according to 
the petition. To the west, in addition to the mountainous region, are 
areas of lower elevation terrain with a longer and warmer growing 
season conducive to successful viticulture. Annual precipitation is 9 
to 20 inches, significantly more than the 4 to 9 inches of 
precipitation in the valley; consequently, it increases the groundwater 
supply in the valley. The growing season in the mountains ranges from 
50 to 240 days, but in the proposed viticultural area is 240 to 260 
days.
    Northeast of the proposed viticultural area lies Edwards AFB, for 
which climate data related to agriculture or viticulture is limited, 
according to the petition. To the southeast, in an Antelope Valley-
Mojave Desert transition zone, summers are hot; winters are mild with 
neither severe cold nor high humidity. The growing season of this 
transition zone is 170 to 190 days--shorter than that in the Antelope 
Valley.
    There are 24 climate zones within the continental western United 
States, according to the ``Sunset Western Garden Book'' (Brenzel). 
Sunset climate zones are based on factors such as winter minimum 
temperatures, summer high temperatures, length of the growing season, 
humidity, and rainfall patterns. These factors are determined by 
latitude, elevation, ocean proximity and influence, continental air, 
hills and mountains, and local terrain. Sunset climate zone 1 is the 
harshest cold weather, and Sunset climate zone 24, the mildest.
    The Antelope Valley lies in Sunset climate zone 11, ``Medium to 
high desert of California and southern Nevada,'' according to the 
petition. Areas 11 miles or less to the north, west, and south of the 
Antelope Valley are in different Sunset climate zones. The Tehachapi 
Mountains, to the north, and Sandberg, to the west, are in Sunset 
climate zone 1A, ``Coldest mountains and intermountain areas throughout 
the contiguous states and southern British Columbia.'' Winter low 
temperatures are 0 to 11 degrees F. The growing season in this zone 
generally lasts from end of May to the first part of September, and 
summers are mild. To the south, in the higher elevations of the San 
Gabriel Mountains, lies Sunset climate zone 2A, ``Cold Mountain and 
Inter-Mountain'' Areas.'' Winter low temperatures are 10 to 20 degrees 
F.
    In the lower-elevation areas of the San Gabriel Mountains south of 
the Antelope Valley lies Sunset climate zone 18, ``Above and below the 
thermal belts in Southern California's interior valleys.'' The growing 
season can extend from the end of March to late November. Winter low 
temperatures average between 7 and 22 degrees F. This area is an 
intermediate zone where the Antelope Valley transitions to the part of 
the San Gabriel Mountains in Sunset climate zone 2A.
    Southeast of the Antelope Valley, where the San Gabriel Mountains 
transition to higher elevations, lies Sunset climate zone 7, 
``California's Gray Pine Belt.'' The growing season, from late April to 
early October, extends from 170 to 190 days. Summers are hot, and 
winters are mild. Winter low temperatures average between 26 to 35 
degrees F.
    The area to the east of the Antelope Valley, near Victorville and 
Edwards AFB, lies in Sunset climate zone 10, ``High desert areas of 
Arizona and New Mexico.'' This zone includes the part of the Mojave 
Desert near the California-Nevada border. The growing season, early 
April to November, averages 225 days. Winter low temperatures average 
between 22 to 25 degrees F.
    The Winkler climate classification system uses heat accumulation 
during the growing season to define climatic regions for viticulture 
(``General Viticulture,'' by Albert J. Winkler, University of 
California Press, 1974, pp. 61-64). As a measurement of heat 
accumulation during the growing season, 1 degree day accumulates for 
each degree Fahrenheit that a day's mean temperature is above 50 
degrees, the minimum temperature required for grapevine growth. 
Climatic region I has less than 2,500 growing degree days per year; 
region II, 2,501 to 3,000; region III, 3,001 to 3,500; region IV, 3,501 
to 4,000; and region V, 4,001 or more.
    The proposed Antelope Valley of the California High Desert 
viticultural area has an annual average heat accumulation of 4,600 
degree days and therefore is in Winkler climate region V, according to 
the petition. The areas to the east, also in Winkler region V, have a 
greater annual heat accumulation (4,900 degree days) but a shorter 
growing season (215 to 235 days) compared to the proposed viticultural 
area. Sandberg, to the west of the Antelope Valley, is in Winkler 
region III. Most mountainous areas surrounding the Antelope Valley are 
not assigned to a Winkler climate region because they are too cold to 
support commercial viticulture.
Geology
    Geology has influenced the topography of the Antelope Valley, the

[[Page 53880]]

surrounding mountains, and the neighboring desert, according to the 
petition. The distinguishing geologic features of the proposed 
viticultural area are valley fill, alluvial soils, diverging fault 
lines, and relatively young rocks.
    The topography of the Mojave Desert of California, of which the 
Antelope Valley is a part, varies from fault scarps and playas to 
surrounding hills and mountains. Valley fill is thickest in the 
Antelope Valley, in the westernmost part of the Mojave Desert.
    The Antelope Valley region is a geologically old basin that more 
recent alluvium has filled. Intermittent and ephemeral streams drain 
into two playas within the basin: Rosamond and Rogers Dry Lakes (U.S. 
Department of Agriculture, Soil Conservation Service). The valley 
landform resulted from a depression at the intersection of diverging 
fault lines from branches of the Garlock and San Andreas Faults. The 
valley's steep vertical relief evolved from a strike slip on the San 
Andreas Fault or an associated, branching fault.
    The relatively young age of the alluvial fill within the proposed 
viticultural area contrasts with the age of rocks in the surrounding 
areas, according to the petition. The rocks in the Antelope Valley 
region date primarily to the Cenozoic Era (65.5 million years ago to 
recent). The alluvial fill is Quaternary (2 million years ago to 
recent). Surrounding the Antelope Valley region, the rocks generally 
date to the Cretaceous Period (65 to 136 million years ago), the 
Jurassic Period (136 to 190 million years ago), and the Triassic Period 
(190 to 225 million years ago).
    Plutonic rocks are predominant in the mountainous areas surrounding 
the proposed viticultural area boundary line. They include crystalline, 
granite, quartz diorite, quartz monzonite, and granodiorite. These 
rocks, the granite and diorite granite rocks in particular, weathered 
to form mainly consolidated and unconsolidated, mostly nonmarine 
alluvium on the valley floor. However, Oso Canyon, at the western tip 
of the valley, is a sedimentary bed dating to the Miocene epoch (about 
23 to 5 million years ago).
Geography
    The terrain of the proposed Antelope Valley of the California High 
Desert viticultural area is characterized by significant uniformity and 
continuity, according to the petition. Slopes are level or nearly level 
on the valley floor, but range to gently sloping to moderately sloping 
on rises at the upper elevations of the terraces and alluvial fans. 
And, although the proposed viticultural area is approximately 52 miles 
wide, elevation varies only 838 feet, as shown on the USGS maps. The 
elevation of the surrounding mountains varies from that of the valley 
by approximately 450 to 4,900 feet, as shown on the USGS maps and the 
table below.

                                           Elevation of Locations in the Antelope Valley and Surrounding Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Distance from
                                                                    proposed       Direction from proposed viticultural
              Location                          Area           viticultural area                   area                         Elevation  (feet)
                                                                      (mi.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Antelope Valley.....................  Greater Antelope Valley               0     Within...............................  2,300 to 3,100.
                                       region.
Double Mountain.....................  Tehachapi Mountains....              10.5   North................................  7,981.
Soledad Mountain....................  Rosamond Hills.........               2     North................................  4,500.
Silver Peak.........................  Shadow Mountains.......              16     East.................................  4,043.
Burnt Peak..........................  Liebre Mountains.......               6     South................................  5,888.
Mount McDill........................  Sierra Pelona Range....               6.25  South................................  5,187.
Pine Peak...........................  Liebre Mountains.......               2.25  West.................................  3,555.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Soils
    The proposed Antelope Valley of the California High Desert 
viticultural area lies on the western rim of an old alluvial basin with 
interior drainage by intermittent and ephemeral streams (U.S. 
Department of Agriculture, Soil Conservation Service). The proposed 
boundary line closely follows the highest elevations of the alluvial 
fans and terraces of the basin.
    The soils in the Antelope Valley formed in alluvium weathered from 
granite and other rocks in the surrounding mountains, according to the 
petition. They are very deep loamy fine sand to loam and silty clay. 
The soils are well drained and well aerated in the root zone. They are 
mineral rich, and fertility is low to moderate. The available water 
capacity ranges from 5 to 12 inches.
    The predominant soils in the proposed viticultural area are the 
Hesperia-Rosamond-Cajon, Adelanto, Arizo, and Hanford-Ramona-Greenfield 
associations. These soils formed in alluvium derived from granitic rock 
on alluvial fans and terraces. Generally, they vary in drainage, slope, 
elevation, and natural vegetation.
    The Hesperia-Rosamond-Cajon association consists of moderately well 
drained to excessively drained soils on 0 to 15 percent slopes. 
Elevations range from 2,400 to 2,900 feet. Natural vegetation includes 
annual grasses, forbs [wild flowers], Joshua tree, Mormon tea, rabbit 
brush, and large sagebrush.
    The Adelanto association consists of well drained soils on 0 to 5 
percent slopes. Elevations range from 2,450 to 2,800 feet. Natural 
vegetation consists of annual grasses and forbs and in some areas 
desert stipa, sagebrush, creosote bush, Joshua tree, and juniper.
    The Arizo association consists of excessively well drained soils on 
0 to 5 percent slopes. Elevations range from 2,950 to 3,100 feet. 
Natural vegetation includes annual grasses, forbs, creosote bush, 
Mormon tea, and rabbit brush.
    The Hanford-Ramona-Greenfield association consists of well drained 
soils on 0 to 30 percent slopes. Elevations range from 2,600 to 3,900 
feet. Natural vegetation includes annual grasses and forbs and, in 
scattered areas, juniper.
    Unlike the soils in the Antelope Valley, the soils on the 
surrounding uplands are generally shallow, excessively well drained, 
coarse sandy loam, and available water capacity is 1.5 to 7 inches. 
Included with the soils in the Antelope Valley are saline soils in 
small, scattered areas within the proposed viticultural area. Outside 
the proposed viticultural area, near Rosamond and Rogers Lakes, saline 
soils appear as larger areas. TTB notes that saline soils are not 
suitable for agriculture, including viticulture.

TTB Determination

    TTB concludes that the petition to establish the 665-square mile 
``Antelope Valley of the California High Desert'' viticultural area 
merits consideration

[[Page 53881]]

and public comment, as invited in this notice.

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 petitioner provided 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, ``Antelope Valley of the California High Desert,'' 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.
    Therefore, the proposed part 9 regulatory text set forth in this 
document specifies ``Antelope Valley of the California High Desert'' as 
terms of viticultural significance for purposes of part 4 of the TTB 
regulations. If this proposed regulatory text is adopted as a final 
rule, wine bottlers using ``Antelope Valley of the California High 
Desert'' 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 ``Antelope Valley of the California High 
Desert'' 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 
identified as being viticulturally significant in part 9 of the TTB 
regulations, 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 ``Antelope Valley of the California High Desert'' 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 Antelope Valley of the California High Desert 
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 Antelope Valley of the California High 
Desert 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. Please 
provide any available specific information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Antelope Valley of the California High Desert viticultural 
area on wine labels that include the name ``Antelope Valley of the 
California High Desert'' as discussed above under Impact on Current 
Wine Labels, we are particularly interested in comments regarding 
whether there will be a conflict between this name 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 posted with this notice in Docket No. TTB-2010-0005 
on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under 
Notice No. 108 on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments 
submitted via Regulations.gov. For complete instructions on how to use 
Regulations.gov, visit the site and click on ``User Guide'' under ``How 
to Use this Site.''
    <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. 108 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 http://www.regulations.gov, please enter the entity's name in the 
``Organization'' blank of the comment form. If you comment via 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 inappropriate for 
public disclosure.

Public Disclosure

    On the Federal e-rulemaking portal, Regulations.gov, we will post, 
and you 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. 108. 
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

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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 also 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

    N.A. 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 I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

    1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

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


Sec.  9.----  Antelope Valley of the California High Desert.

    (a) Name. The name of the viticultural area described in this 
section is ``Antelope Valley of the California High Desert''. For 
purposes of part 4 of this chapter, ``Antelope Valley of the California 
High Desert'' is a term of viticultural significance.
    (b) Approved maps. The 20 United States Geological Survey 1:24,000 
scale topographic maps used to determine the boundary of the Antelope 
Valley of the California High Desert viticultural area are titled:
    (1) Rosamond Quadrangle, California, 1973;
    (2) Rosamond Lake Quadrangle, California, 1973;
    (3) Redman Quadrangle, California, 1992;
    (4) Rogers Lake South Quadrangle, California, 1992;
    (5) Alpine Butte Quadrangle, California-Los Angeles Co., 1992;
    (6) Hi Vista Quadrangle, California-Los Angeles Co., 1957, revised 
1992;
    (7) Lovejoy Buttes Quadrangle, California-Los Angeles Co., 1957, 
revised 1992;
    (8) El Mirage Quadrangle, California, 1956, revised 1992;
    (9) Littlerock Quadrangle, California-Los Angeles Co., 1957, 
revised 1992;
    (10) Palmdale Quadrangle, California-Los Angeles Co., 1958, 
photorevised 1974;
    (11) Ritter Ridge Quadrangle, California-Los Angeles Co., 1958, 
photorevised 1974;
    (12) Lancaster West Quadrangle, California-Los Angeles Co., 1958, 
photorevised 1974;
    (13) Del Sur Quadrangle, California-Los Angeles Co., 1995;
    (14) Lake Hughes Quadrangle, California-Los Angeles Co., 1995;
    (15) Fairmont Butte Quadrangle, California, 1995;
    (16) Neenach School Quadrangle, California, 1995;
    (17) Tylerhorse Canyon Quadrangle, California-Kern Co., 1995;
    (18) Willow Springs Quadrangle, California-Kern Co., 1965, 
photorevised 1974;
    (19) Little Buttes Quadrangle, California, 1965, photorevised 1974; 
and
    (20) Soledad Mtn. Quadrangle, California-Kern Co., 1973.
    (c) Boundary. The Antelope Valley of the California High Desert 
viticultural area is located in Los Angeles and Kern Counties, 
California. The boundary of the Antelope Valley of the California High 
Desert viticultural area is as described below:
    (1) The beginning point is on the Rosamond map at the intersection 
of the Kern and Los Angeles Counties boundary line and the Edwards Air 
Force Base (AFB), boundary line, T8N, R12W. From the beginning point, 
proceed south along the Edwards AFB boundary line to BM 2297, T8N, 
R12W; then
    (2) Proceed generally east along the Edwards AFB boundary line, 
crossing over the Rosamond Lake and Redman maps onto the Rogers Lake 
South map, to the 2,500-foot elevation line along the section 30 north 
boundary line, T8N, R9W; then
    (3) Proceed southwest along the 2,500-foot elevation line, crossing 
over the Redman map onto the Alpine Butte map, where the elevation line 
changes to a southeast direction, and continues onto the Hi Vista map 
to the line's intersection with J Avenue, T7N, R9W; then
    (4) Proceed straight east along J Avenue 0.2 mile to the 
intersection of the section 20 northeast corner and 160th St. E, T7N, 
R9W; then
    (5) Proceed straight south along 160th St. E to the section 33 
northwest corner, T7N, R9W; then
    (6) Proceed in a clockwise direction along the section 33 north and 
east boundary lines to the section 3 northwest corner at the marked 
2,585-foot elevation point, T6N, R9W; then
    (7) Proceed in a clockwise direction along the section 3 north and 
east boundary lines to the section 11 northwest corner, T6N, R9W; then
    (8) Proceed in a clockwise direction along the section 11 north and 
east boundary lines, crossing onto the Lovejoy Buttes map, to the 
section 13 northwest corner, T6N, R9W; then
    (9) Proceed in a clockwise direction along the section 13 north and 
east boundary lines, continuing south to the section 30 northwest 
corner, T6N, R8W; then
    (10) Proceed in a clockwise direction along the section 30 north 
and east boundary lines, continuing south to the section 32 northwest 
boundary line, T6N, R8W; then
    (11) Proceed in a clockwise direction, crossing onto the El Mirage 
map, along the section 32 north and east boundary lines, continuing 
south on the section 8 east boundary line to the line's intersection 
with the 3,100-foot elevation line, T5N, R8W; then
    (12) Proceed west-southwest along the 3,100-foot elevation line, 
crossing over the Lovejoy Buttes map onto the Littlerock map, and 
continuing to the line's intersection with the California Aqueduct, 
about 0.25 mile south of Pearlblossom Highway, section 22, T5N, R10W; 
then

[[Page 53883]]

    (13) Proceed generally north, northwest, and west along the 
California Aqueduct, crossing over the Palmdale, Ritter Ridge, 
Lancaster West, Del Sur, Lake Hughes, and Fairmont Butte maps, onto the 
Neenach School map, to the aqueduct's intersection with the Pacific 
Crest National Scenic Trail and the Los Angeles Aqueduct in section 16, 
T8N, R16W; then
    (14) Proceed north and northeast along the Pacific Crest National 
Scenic Trail and the Los Angeles Aqueduct as the aqueduct crosses over 
the Fairmont Butte map onto the Tylerhorse map to the 3,120-foot, 
marked elevation point at the West Antelope Station, section 3, T9N, 
R15W; then
    (15) Proceed east-northeast along the Los Angeles Aqueduct (the 
Pacific Crest National Scenic Trail forks to the west at the 3,120-foot 
marked elevation point), crossing onto the Willow Springs map, to the 
aqueduct's intersection with Tehachapi Willow Springs Road, section 7, 
T10N, R13W; then
    (16) Proceed southeast and south on Tehachapi Willow Springs Road, 
crossing onto the Little Buttes map, to the road's intersection with 
the 2,500-foot elevation line, section 17 west boundary line, T9N, 
R13W; then
    (17) Proceed east and northeast along the 2,500-foot elevation 
line, crossing over the Willow Springs map and continuing onto the 
Soledad Mtn. map, where that line crosses over and back three times 
from the Rosamond map, to the line's intersection with the Edwards AFB 
boundary line, section 10, T9N, R12W; and then
    (18) Proceed straight south along the Edwards AFB boundary line, 
crossing over to the Rosamond map, to the beginning point.

    Signed: August 23, 2010.
John J. Manfreda,
Administrator.
[FR Doc. 2010-21989 Filed 9-1-10; 8:45 am]
BILLING CODE 4810-31-P