This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

35146 

Vol. 74, No. 137 

Monday, July 20, 2009 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2009–0004; Notice No. 97] 

RIN 1513–AB64 

Proposed Establishment of the Sierra 

Pelona Valley Viticultural Area (2008R– 

176P) 

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 9.7-square mile ‘‘Sierra Pelona 

Valley’’ American viticultural area in 

southern 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 September 18, 

2009. 

ADDRESSES: You may send comments on 

this notice to one of the following 

addresses: 

• http://www.regulations.gov (via the 

online comment form for this notice as 

posted within Docket No. TTB–2009– 

0004 at ‘‘Regulations.gov,’’ the Federal 

e-rulemaking portal); 

• 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–2009–0004. 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. 97. 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 202–927–2400 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 

• A copy of the appropriate USGS 

map(s) with the proposed viticultural 

area’s boundary prominently marked. 

Sierra Pelona Valley Petition 

Mr. Ralph Jens Carter submitted a 

petition proposing the establishment of 

the Sierra Pelona Valley viticultural area 

on behalf of local grape growers. The 

proposed viticultural area covers 9.7 

square miles and contains 96 acres of 

commercial vineyards. The proposed 

viticultural area lies 30 miles north of 

the City of Los Angeles, 35 miles east of 

the Pacific Ocean, and 20 miles 

southwest of the Mojave Desert. TTB 

notes that the proposed viticultural area 

is not within any established American 

viticultural area, and that the boundary 

line of the proposed viticultural area 

neither overlaps nor runs along any 

other proposed or established 

viticultural area boundary line. The 

evidence submitted in support of the 

petition is summarized below. 


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Name Evidence 

The USGS Sleepy Valley and Agua 

Dulce maps identify the Sierra Pelona 

Valley as a landform within Los Angeles 

County. The USGS Ritter Ridge, Sleepy 

Valley, and Agua Dulce maps identify 

Sierra Pelona as a mountain range to the 

immediate north of the proposed Sierra 

Pelona Valley viticultural area. 

According to the petition, the Sierra 

Pelona Valley is located north of 

California State Highway 14, between 

the towns of Santa Clarita and Palmdale 

(Los Angeles Region map, California 

Regional Series, Automobile Club of 

Southern California, 2006 edition). The 

proposed viticultural area, including the 

expansive Sierra Pelona Valley region, 

is adjacent to the southern foothills of 

the Sierra Pelona range (DeLorme 

Southern and Central California Atlas 

and Gazetteer, Seventh Edition, 2005, 

page 79). 

The petition explains that the large 

Sierra Pelona Valley region, oriented 

northeast-to-southwest, comprises 

Hauser Canyon, upper Agua Dulce 

Canyon, and Mint Canyon, including 

Sleepy Valley. The petition states that in 

local usage ‘‘Sierra Pelona’’ applies to 

the expansive valley, as well as the 

mountain range to the immediate north 

of the valley. The Sierra Pelona Valley 

is the name that best describes the 

proposed viticultural area, according to 

the petitioner. 

Boundary Evidence 

The petition provides historical, 

physiological, and geographical data to 

define the boundary of the proposed 

viticultural area. 

Viticulture in the proposed Sierra 

Pelona Valley viticultural area started in 

1995, according to the petition. By 2008, 

the region had 96 acres of commercial 

vineyards. 

The petition states that the boundary 

encompasses the alluvial valley fill and 

the gently sloping foothills just to the 

steep inclines. The foothills extend 

outward for as much as 1 mile. 

The geology of the proposed 

viticultural area includes mostly 

consolidated alluvium between 23 and 

37 million years old, but also includes 

some more recent alluvium, between 1.5 

and 2 million years old, according to the 

petition. Further uniformity in the area 

is provided by a granitic intrusion, 

ranging from 195 to 225 million years 

old, that spans the Sierra Pelona Valley. 

In contrast to the valley alluvium and 

the granitic intrusion, the surrounding 

mountains, ranging from 195 million to 

4.5 billion years old, consist mainly of 

very different rocks. 

The petition states that elevations of 

the proposed viticultural area vary from 

2,400 to 3,400 feet. Those of the 

mountains to the west and of the 

mountain ridges to the north, east, and 

south vary from 3,401 to 5,187 feet. 

Elevations of a canyon in the Santa 

Clarita area, about 5 miles southwest of 

the proposed boundary line, drop to 

approximately 1,600 feet. 

Distinguishing Features 

The petition asserts that the 

distinguishing features of the proposed 

Sierra Pelona Valley viticultural area 

include climate, geology, soils, 

topography, and elevation. The inland 

location of the Sierra Pelona Valley both 

influences its distinguishing features 

and contributes to the success of its 

viticulture. 

Climate 

The petition, citing http:// 

www.wunderground.com and the ‘‘Soil 

Survey of the Antelope Valley Area’’ 

(issued by the U. S. Department of 

Agriculture, Soil Conservation Service, 

1970), states that precipitation in the 

proposed viticultural area averages 

between 9 and 12 inches per year and 

occurs mainly in winter. Citing 

‘‘Daymet’’ (a database designed by Peter 

Thornton, National Center for 

Atmospheric Research, Climate and 

Global Dynamic Division, University of 

Colorado at Boulder), the petition states 

that in the Sierra Pelona Valley daily 

growing season temperatures can vary 

by 40 to 50 degrees F, with summer 

daytime temperatures reaching 102 

degrees F, and summer nighttime 

temperatures frequently dropping to 50 

to 60 degrees F. 

To contrast the climate in the 

proposed viticultural area with that in 

the surrounding areas, the petition gives 

climate data for several locations 

outside the proposed area (‘‘Soil Survey 

of Antelope County, California’’). 

Sandberg is at an elevation of 4,517 feet 

in the high mountains northwest of the 

proposed viticultural area, and although 

it has a total annual average 

precipitation of 12.1 inches, about the 

same as the upper-end precipitation in 

the proposed viticultural area, Sandberg 

has average daily growing season 

maximum and minimum temperatures 

of 77 and 54 degrees F. San Fernando, 

at an elevation of 977 feet in a low-lying 

area to the southwest of the proposed 

viticultural area, has a total average 

monthly precipitation of 16.9 inches 

and average daily growing season 

maximum and minimum temperatures 

of 85 and 52 degrees F. Palmdale, at an 

elevation of 2,665 feet in the desert due 

east of the proposed viticultural area, 

has an total average monthly 

precipitation of 8.9 inches and average 

daily growing season maximum and 

minimum temperatures of 87 and 55 

degrees F. 

Air drainage from surrounding higher 

elevations to the Sierra Pelona Valley 

floor, the petition explains, reduces the 

hazard of frost damage in spring. In 

addition, air movement across the 

slopes reduces the threat of leaf fungus 

and the need for heavy spraying of 

pesticides. Wind direction, according to 

Don McAdam, a valley resident, is 

frequently shifted and redirected by 

hills, knolls, and valleys. 

The petition states that the climate of 

the mountainous surrounding areas 

does not support viticulture due to an 

excessively short growing season, cooler 

summers, and vine-killing, cold winters. 

Geology 

The petition states that the 

‘‘Geological Map of California’’ 

(Department of Conservation, Division 

of Mines and Geology, compilation of 

Charles W. Jennings, 1977) shows that 

deposits of alluvium, mostly nonmarine 

and unconsolidated, cover most of the 

Sierra Pelona Valley floor. The petition 

further states that deposits of 

semiconsolidated Quaternary 

nonmarine alluvium cover the rest of 

the valley. The deposits of alluvium in 

the Sierra Pelona Valley have a 

sedimentary geology; that is, they are 

both sand and gravel in origin. They 

contrast sharply with the rocks in the 

areas surrounding the Sierra Pelona 

Valley. 

The petition notes that soils on 

alluvial fans and terraces, like those in 

the proposed Sierra Pelona Valley 

viticultural area, are renowned 

throughout the world for wine grape 

growing (‘‘Viticulture and the 

Environment,’’ by John Gladstones, 

Winetitles, 1992). 

The petition states that the alluvium 

that dominates the valley floor of the 

proposed viticultural area is 

significantly younger than the rocks in 

the surrounding regions. According to 

the petition, the alluvium dates from the 

Tertiary and Quaternary Periods of the 

Cenozoic Era, 37 million years old to 

present (‘‘McGraw-Hill Concise 

Encyclopedia of Earth Science,’’ 2005, 

and the ‘‘Geological Map of California’’). 

The rocks on mountains to the north of 

the proposed viticultural area include 

Permian or Triassic Period schist, 195 to 

280 million years old, and some 

Precambrian rocks, 570 million to 4.5 

billion years old. The mountains to the 

south include Precambrian 

conglomerate, shale, gneiss, and 

sandstone. 

According to the petition, the Sierra 

Pelona Valley is on a formation of 


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Mesozoic granitic and metamorphic 

rocks, mostly gneiss and other 

metamorphic rocks with granitic 

intrusions. The petition notes that these 

mineral-rich rocks are particularly well 

suited to producing several varieties of 

wine, especially Syrah. To the north of 

the proposed viticultural area, the rocks 

consist of varying metasedimentary 

schist types of Precambrian age, but 

mostly of Paleozoic or Mesozoic age. A 

minor fault line lying along the north 

edge of the Sierra Pelona Valley is at the 

contact line between the alluvium in the 

Sierra Pelona Valley on the south side 

of the fault and the schist on the north, 

upland side of the fault. The south side 

of the fault is subsiding in places. 

To the south of the proposed 

viticultural area, the dominant rocks are 

marine sedimentary and 

metasedimentary conglomerate, shale, 

sandstone, limestone, dolomite, marble, 

gneiss, hornfelds, and quartzitet. To the 

south and east, in the Vasquez Rocks 

County Park of Los Angeles County, 

basaltic rocks are on a major portion of 

the lower Vasquez Formation. The 

basaltic rocks separate the alluvium of 

the proposed viticultural area from the 

surrounding regions to the south. 

Soils 

According to the petition, climate, 

especially rainfall and heat, influences 

soils through the growth of plant types, 

the decomposition rate of organic 

matter, and the weathering of minerals 

(‘‘Soil Survey of the Antelope Valley 

Area, California’’). Rainfall in the 

proposed viticultural area makes it a 

transitional zone between desert and 

forest. 

The soils on the valley floor in the 

proposed viticultural area have 

significant differences compared to 

those on the surrounding mountains. On 

the valley floor and on foot slopes at the 

edges of the valley floor, the soils are 

very deep and moderately drained 

(General Soil Map, ‘‘Soil Survey of the 

Antelope Valley Area, California’’). 

The slope-wash soils on the foot 

slopes are poor, and have rock 

fragments on the surface in many areas. 

However, these rock fragments diffuse 

and reflect sunlight to lower leaves 

shaded by canopy, help keep the soil 

warm, and increase soil moisture, all of 

which benefits viticulture (‘‘Terroir, The 

Role of Geology, Climate, and Culture in 

the Making of French Wines,’’ by James 

E. Wilson, University of California 

Press, 1998). 

And although the poor soils reduce 

the growth rate of the vines, the wines 

made from the grapes of those vines 

have more natural balance, according to 

the petition. The petition explains 

further that the soils of the area benefit 

the classic grape varieties, which 

generally produce well only in poor 

sandy soils (‘‘Terroir, The Role of 

Geology, Climate, and Culture in the 

Making of French Wines’’). The reduced 

vine growth rate decreases the need for 

summer pruning, irrigation, and use of 

farm equipment. On the other hand, 

these soils have multi-directional sun 

exposures, which allow for the planting 

of a variety of grapes. 

In the proposed viticultural area soil 

depth is 60 inches or more. The petition 

states that soil depth is important for 

vine growth because most vine roots 

grow to a depth of 39 inches (‘‘The 

University Wine Course: A Wine 

Appreciation Text & Self Tutorial,’’ by 

Marianne W. Baldy, The Wine 

Appreciation Guild, 1998). Such deep 

roots are important because vines can 

extract 1 or 2 inches of moisture for 

each foot of rooting depth. 

In contrast, the soils on the 

surrounding mountains are shallow, 

excessively drained, and infertile. They 

are dominantly on steep slopes, and are 

subject to erosion. These soils are suited 

to recreation, range, and wildlife, and to 

use as a watershed. 

Topography 

The petition explains that the large 

Sierra Pelona Valley region, oriented 

northeast-to-southwest, comprises 

Hauser Canyon, upper Agua Dulce 

Canyon, and Mint Canyon, including 

Sleepy Valley. The USGS Agua Dulce 

and Sleepy Valley maps show that the 

long, narrow, gentle side slopes of the 

Sierra Pelona Valley are surrounded by 

projecting mountain ridges to the north, 

east, and south and by a mountain and 

a chord of radiating canyons to the west. 

The petition states that the valley floor 

itself has many isolated knolls but that 

most of the valley is on gentle slopes 

suited to viticulture. 

The USGS Agua Dulce and Sleepy 

Valley maps also show that intermittent 

tributaries in the Sierra Pelona Valley 

flow into Agua Dulce Canyon and create 

a single, south-flowing stream that 

eventually joins the Santa Clara River. 

The petition explains that the alluvium 

derived from rocks at higher elevations 

is carried downstream by these 

tributaries. This pattern of alluvium 

deposition contributes to the unique 

mix of mineral and chemical soil 

properties in the proposed viticultural 

area. 

The petition states that fine quality 

wine grapes are universally associated 

with soils on midslopes where outwash 

accumulates and deeper soils form 

(‘‘Terroir, The Role of Geology, Climate, 

and Culture in the Making of French 

Wines’’). These midslopes, the petition 

notes, are sometimes called viticulture 

‘‘bellies,’’ because they hold the 

sediment washed from the weathered 

rocks above and create vineyards. In 

most of the proposed viticultural area, 

wine grapes are grown on gentle 

midslopes. 

The petition states that the proposed 

viticultural area has other features 

besides gentle slopes favorable for 

viticulture. Good water and air drainage 

and soils with low fertility and a high 

mineral content produce grapevines 

with reduced vigor but with more 

natural balance. 

Elevation 

According to the USGS maps of the 

region and the petition, elevations in the 

proposed viticultural area vary from 

2,400 to 3,400 feet. Elevations also 

gradually decline approximately 1,000 

feet over the 5 miles from the east side 

to the west side of the proposed 

boundary line. At the town of Agua 

Dulce and the Agua Dulce Air Park in 

the Sierra Pelona Valley floor, 

elevations range from 2,500 to 2,600 

feet. 

The petition states that elevations 

outside of the proposed viticultural area 

are generally higher than those in the 

valley. Some close-in peaks in the Sierra 

Pelona Range are 5,187-foot Mount 

McDill to the north, and west of Mount 

McDill, a 4,973-foot promontory at Bear 

Springs and a 4,859-foot peak at Willow 

Springs. According to the petition and 

the USGS Sleepy Valley map, southeast 

of Sierra Pelona Valley, Windy 

Mountain stands at 3,785 feet and two 

unnamed peaks reach elevations of 

3,791 and 3,706 feet, all within 1⁄4 to 1⁄2

mile of the 3,200-foot proposed 

boundary line. 

TTB Determination 

TTB concludes that this petition to 

establish the 9.7-square mile Sierra 

Pelona Valley American viticultural 

area merits consideration 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 


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indicates or implies an origin other than 

the wine’s true place of origin. If we 

establish this proposed viticultural area, 

its name, ‘‘Sierra Pelona Valley,’’ 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. 

In addition, if we establish the ‘‘Sierra 

Pelona Valley’’ viticultural area under 

the terms of the proposed rule, the name 

‘‘Sierra Pelona’’ standing alone also will 

be considered a term of viticultural 

significance because, we believe, 

consumers and vintners could 

reasonably attribute the quality, 

reputation, or other characteristic of 

wine made from grapes grown in the 

proposed ‘‘Sierra Pelona Valley’’ 

viticultural area to the name ‘‘Sierra 

Pelona.’’ See 27 CFR 4.39(i)(3), which 

also provides that a name has 

viticultural significance when so 

determined by the appropriate TTB 

officer. 

Therefore, the proposed part 9 

regulatory text set forth in this 

document specifies ‘‘Sierra Pelona 

Valley’’ and ‘‘Sierra Pelona’’ 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 ‘‘Sierra 

Pelona Valley’’ or ‘‘Sierra Pelona’’ 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 ‘‘Sierra 

Pelona Valley’’ 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 ‘‘Sierra 

Pelona Valley’’ or ‘‘Sierra Pelona’’ 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 

Sierra Pelona Valley 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 Sierra 

Pelona Valley viticultural area. We are 

interested in receiving comments on the 

sufficiency and accuracy of the name, 

climate, soils, and other required 

information submitted in support of the 

petition. We especially are interested in 

comments concerning the inclusion, 

within the proposed boundary line, of 

the valleys and canyons to the west and 

north that surround the Sierra Pelona 

Valley landform, as shown on the USGS 

Sleepy Valley map. We also are 

interested in receiving comments on the 

proposal to identify ‘‘Sierra Pelona’’ as 

a term of viticultural significance. 

Please provide any available specific 

information in support of your 

comments. 

Because of the potential impact of the 

establishment of the proposed Sierra 

Pelona Valley viticultural area on wine 

labels that include the terms ‘‘Sierra 

Pelona Valley’’ or ‘‘Sierra Pelona’’ as 

discussed above under Impact on 

Current Wine Labels, we are particularly 

interested in comments regarding 

whether there will be a conflict between 

either of these terms and currently used 

brand names. If a commenter believes 

that a conflict will arise, the comment 

should describe the nature of that 

conflict, including any negative 

economic impact that approval of the 

proposed viticultural area will have on 

an existing viticultural enterprise. We 

are also interested in receiving 

suggestions for ways to avoid any 

conflicts, for example, by adopting a 

modified or different name for the 

viticultural area. 

Submitting Comments 

You may submit comments on this 

notice by using one of the following 

three methods: 

• Federal e-Rulemaking Portal: You 

may send comments via the online 

comment form posted with this notice 

in Docket No. TTB–2009–004 on 

‘‘Regulations.gov,’’ the Federal erulemaking portal, at http:// 

www.regulations.gov. A direct link to 

that docket is available under Notice 

No. 97 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. 97 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. 97. You may also reach the docket 


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containing this notice and the posted 

comments received on it through the 

Regulations.gov search page at http:// 

www.regulations.gov. 

All posted comments will display the 

commenter’s name, organization (if 

any), city, and State, and, in the case of 

mailed comments, all address 

information, including e-mail addresses. 

We may omit voluminous attachments 

or material that we consider unsuitable 

for posting. 

You 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 202–927–2400 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.____ to read as follows: 

§ 9. Sierra Pelona Valley. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Sierra 

Pelona Valley’’. For purposes of part 4 

of this chapter, ‘‘Sierra Pelona Valley’’, 

and ‘‘Sierra Pelona’’ are terms of 

viticultural significance. 

(b) Approved maps. The three United 

States Geological Survey 1:24,000 scale 

topographic maps used to determine the 

boundary of the Sierra Pelona Valley 

viticultural area are titled: 

(1) Agua Dulce, CA, 1995; 

(2) Sleepy Valley, CA, 1995; and 

(3) Ritter Ridge, Calif., 1958, 

Photorevised 1974. 

(c) Boundary. The Sierra Pelona 

Valley viticultural area is located in Los 

Angeles County, California. The 

boundary of the Sierra Pelona Valley 

viticultural area is as described below: 

(1) The beginning point is on the 

Agua Dulce map at the intersection of 

the section 26 east boundary line, the 

pipeline, and Escondido Canyon Road, 

a secondary highway, T5N, R14W. From 

the beginning point, proceed in a 

straight line south 0.3 mile to the line’s 

intersection with the northeast corner of 

the Vasquez Rocks County Park, T5N, 

R14W; then 

(2) Proceed southwest through section 

26 along the straight lines and 90-degree 

turns of the county park boundary line 

to the line’s intersection with the 

southeast corner of section 27, T5N, 

R14W; then 

(3) Proceed southwest in a straight 

line 0.4 mile to the line’s intersection 

with BM 2258, section 34, T5N, R14W; 

then 

(4) Proceed west-northwest in a 

straight line 0.15 mile, crossing over the 

Agua Dulce Road, to the line’s 

intersection with the 2,400-foot 

elevation line and an unimproved dirt 

road, section 34, T5N, R14W; then 

(5) Proceed generally west along the 

meandering 2,400-foot elevation line to 

the line’s intersection with the section 

34 west boundary line, T5N, R14W; 

then 

(6) Proceed north along the section 34 

west boundary line 1 mile to the line’s 

intersection with the 2,800-foot 

elevation line and the section 27 west 

boundary line; then 

(7) Proceed along the 2,800-foot 

elevation line first generally northeast, 

then northwest around Saddleback 

Mountain, and then north across a trail 

and an unimproved dirt road, to the 

line’s intersection with the section 21 

south boundary line, T5N, R14W; then 

(8) Proceed straight east along the 

section 21 south boundary line 0.25 

mile to the southeast corner of section 

21, T5N, R14W; then 

(9) Proceed north along the section 21 

south boundary line onto the Sleepy 

Valley map 0.6 mile to the line’s 

intersection with the 2,800-foot 

elevation line and the section 22 west 

boundary line, T5N, R14W; then 

(10) Proceed along the 2,800-foot 

elevation line generally northeast 

around the 3,166-foot and 3,036-foot 

pinnacles, then continue southwest to 

the line’s intersection with the section 

22 north boundary line, T5N, R14W; 

then 

(11) Proceed west along the section 22 

north boundary line 0.2 mile to the 

line’s intersection with the 2,600-foot 

elevation line, T5N, R14W; then 

(12) Proceed generally west-southwest 

along the 2,600-foot elevation line to the 

line’s intersection with the section 21 

west boundary line, T5N, R14W; then 

(13) Proceed north along the section 

21 west boundary line 0.2 mile to the 

line’s intersection with the 2,400-foot 

elevation line and the section 20 east 

boundary line, T5N, R14W; then 

(14) Proceed generally southwest 

along the 2,400-foot elevation line to the 

line’s intersection with an unimproved 

dirt road in section 20, T5N, R14W; then 

(15) Proceed northwest along the 

unimproved dirt road 0.15 mile to its 

intersection with the Sierra Highway, a 

secondary highway, section 20, T5N, 

R14W; then 

(16) Proceed southwest along the 

Sierra Highway 0.15 mile to its 

intersection with an unnamed stream, 

section 20, T5N, R14W; then 

(17) Proceed in a straight line northnorthwest approximately 0.3 mile to the 

line’s intersection with the Angeles 

National Forest boundary line, an 

unnamed stream running through 

Rowher Canyon, and the section 17 

south boundary line, T5N, R14W; then 

(18) Proceed straight east, north, and 

east, making 90-degree turns, along the 

Angeles National Forest boundary line 

to the line’s intersection with the 

section 7 southwest corner, T5N, R13W; 

then 

(19) Proceed straight north along the 

Angeles National Forest boundary line 

and the section 7 west boundary line 0.5 

mile to the line’s intersection with the 

3,400-foot elevation line, T5N, R13W; 

then 

(20) Proceed along the 3,400-foot 

elevation line generally east, north, then 

west to the line’s intersection with the 

section 6 west boundary line, T5N, 

R13W; then 

(21) Proceed north along the section 6 

west boundary line 0.4 mile to the line’s 


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Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Proposed Rules 35151 

intersection with the 3,400-foot 

elevation line, T5N, R13W; then 

(22) Proceed generally southeast along 

the 3,400-foot elevation line, crossing 

over Latteau, Willow Springs, and 

Hauser Canyons and continuing onto 

the Ritter Ridge map, to the line’s 

intersection with an unimproved dirt 

road at Summit, section 16, T5N, R13W; 

then 

(23) Proceed south along the unnamed 

dirt road less than 0.1 mile, crossing the 

Sierra Highway, to its intersection with 

the 3,400-foot elevation line, section 16, 

T5N, R13W; then 

(24) Proceed generally southwest 

along the 3,400-foot elevation line, 

meandering between the Sleepy Valley 

and Ritter Ridge maps and then 

returning to the Sleepy Valley map, to 

the line’s intersection with the section 

20 north boundary line, T5N, R13W; 

then 

(25) Proceed in a straight line west 

along the section 20 north boundary line 

0.2 mile to the line’s intersection with 

the 3,200-foot elevation line, section 20, 

T5N, R13W; then 

(26) Proceed generally southwest 

along the 3,200-foot elevation line to the 

line’s intersection with the section 19 

west boundary line, T5N, R13W; then 

(27) Proceed in a straight line north 

along the section 19 west boundary line 

0.15 mile to the line’s intersection with 

a pipeline, T5N, R13W; and then 

(28) Proceed southwest onto the Agua 

Dulce map 1.25 miles along the 

pipeline, returning to the beginning 

point. 

Signed: July 7, 2009. 

John J. Manfreda, 

Administrator. 

[FR Doc. E9–17179 Filed 7–17–09; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0529] 

RIN 1625–AA00 

Safety Zone; Cape Charles Tomato 

Festival Fireworks Event, Chesapeake 

Bay, Cape Charles, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a 280-foot radius safety 

zone on the Chesapeake Bay in the 

vicinity of the Cape Charles Town 

Harbor, Cape Charles, VA in support of 

the Cape Charles Tomato Festival 

Fireworks event. This action is intended 

to protect mariners from the hazards 

associated with fireworks displays by 

restricting vessel traffic movement in 

the vicinity of the event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 19, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0529 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail LT Tiffany Duffy, 

United States Coast Guard Sector 

Hampton Roads Waterways 

Management Division; telephone 

757–668–5580, e-mail 

Tiffany.A.Duffy@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0529), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0529’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0529 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 


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