Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 53877 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASW AR E5 Berryville, AR [New] 

Carroll County Airport, AR 

(Lat. 36°22′53′′ N., long. 93°37′28′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 8.9-mile 

radius of Carroll County Airport and within 

4 miles each side of the 253° bearing from the 

airport extending from the 8.9-mile radius to 

11.3 miles west of the airport. 

Issued in Fort Worth, TX, on August 18, 

2010. 

Richard J. Kervin, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2010–21937 Filed 9–1–10; 8:45 am] 

BILLING CODE 4901–13–P 

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. 

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: 

• http://www.regulations.gov (Federal 

e-rulemaking portal; follow the 

instructions for submitting comments); 

• U.S. Mail: Director, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, P.O. Box 14412, 

Washington, DC 20044–4412; or 

• 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 grapegrowing region as a viticultural area. 

Section 9.3(b) of the TTB regulations 

requires the petition to include— 

• Evidence that the proposed 

viticultural area is locally and/or 

nationally known by the name specified 

in the petition; 

• Historical or current evidence that 

supports setting the boundary of the 

proposed viticultural area as the 

petition specifies; 

• Evidence relating to the geographic 

features, such as climate, soils, 

elevation, and physical features, that 

distinguish the proposed viticultural 

area from surrounding areas; 

• A description of the specific 

boundary of the proposed viticultural 

area, based on features found on United 

States Geological Survey (USGS) maps; 

and 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
53878 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 

• 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. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 53879 

ANNUAL PRECIPITATION, GROWING SEASON LENGTH, WINTER LOW TEMPERATURES, SUNSET CLIMATE ZONE, AND

WINKLER CLIMATE REGION FOR ANTELOPE VALLEY AND THE SURROUNDING AREAS

Location 

Antelope 

Valley 

North East Southeast South central Southwest West 

Within 

Tehachapi 

Mountains 

Victorville and 

Edwards AFB 

San Gabriel 

Mountains 

transitioning to 

higher elevations 

San Gabriel 

Mountains, 

lower 

elevations 

San Gabriel 

Mountains, 

higher 

elevations 

Sandberg 

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 CaliforniaNevada 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 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
53880 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 

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

Location Area 

Distance from proposed viticultural 

area 

(mi.) 

Direction from proposed 

viticultural area 

Elevation 

(feet) 

Antelope Valley ............................... Greater Antelope Valley region ...... 0 Within .............................. 2,300 to 3,100. 

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 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 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: 

• 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 erulemaking 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.’’ 

• 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. 

• 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 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
53882 Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 

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 

§ 9.ll to read as follows: 

§ 9.ll 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, CaliforniaLos 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, CaliforniaLos Angeles Co., 1957, revised 1992; 

(10) Palmdale Quadrangle, CaliforniaLos 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, CaliforniaLos 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 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 170 / Thursday, September 2, 2010 / Proposed Rules 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2010–0107; FRL–9190–8] 

RIN–2060–AQ45 

Action To Ensure Authority To Issue 

Permits Under the Prevention of 

Significant Deterioration Program to 

Sources of Greenhouse Gas 

Emissions: Federal Implementation 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In this rulemaking, EPA is 

proposing a Federal implementation 

plan (FIP) to apply in any State that is 

unable to submit, by its deadline, a 

corrective State implementation plan 

(SIP) revision to ensure that the State 

has authority to issue permits under the 

Clean Air Act’s (CAA or Act) New 

Source Review Prevention of Significant 

Deterioration (PSD) program for sources 

of greenhouse gases (GHGs). This 

proposal is a companion rulemaking to 

‘‘Action to Ensure Authority to Issue 

Permits Under the Prevention of 

Significant Deterioration Program to 

Sources of Greenhouse Gas Emissions: 

Finding of Substantial Inadequacy and 

SIP Call,’’ which is being signed and 

published on the same schedule. In that 

action, EPA is proposing to make a 

finding of substantial inadequacy and 

proposing to issue a SIP call for 13 

States on grounds that their SIPs do not 

appear to apply the PSD program to 

GHG-emitting sources. 

DATES: Comments. Comments must be 

received on or before October 4, 2010. 

Public Hearing: One public hearing 

concerning the proposed regulation will 

be held. The date, time and location will 

be announced separately. Please refer to 

SUPPLEMENTARY INFORMATION for 

additional information on the comment 

period and the public hearing. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2010–0107 by one of the following 

methods: 

• www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744 

• Mail: Attention Docket ID No. EPA– 

HQ–OAR–2010–0107, U.S. 

Environmental Protection Agency, EPA 

West (Air Docket), 1200 Pennsylvania 

Avenue, NW., Mail code: 6102T, 

Washington, DC 20460. Please include a 

total of 2 copies. 

• Hand Delivery: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1301 Constitution Avenue, 

Northwest, Room 3334, Washington, DC 

20004, Attention Docket ID No. EPA– 

HQ–OAR–2010–0107. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions. Direct your comments to 

Docket ID No. EPA–HQ–OAR–2010– 

0107. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, avoid any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to section I.C 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket. All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, Air Docket, EPA/DC, EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lisa Sutton, Air Quality Policy Division, 

Office of Air Quality Planning and 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1