[Federal Register Volume 74, Number 137 (Monday, July 20, 2009)]
[Proposed Rules]
[Pages 35146-35151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17179]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


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

[[Page 35146]]



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:
    <bullet> 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);
    <bullet> Director, Regulations and Rulings Division, Alcohol and 
Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412; or
    <bullet> Hand delivery/courier in lieu of mail: Alcohol and Tobacco 
Tax and Trade Bureau, 1310 G Street, NW., Suite 200-E, Washington, DC 
20005.
    See the Public Participation section of this notice for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing.
    You may view copies of this notice, selected supporting materials, 
and any comments we receive about this proposal at http://www.regulations.gov within Docket No. TTB-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 grape-growing region 
as a viticultural area. Section 9.3(b) of the TTB regulations requires 
the petition to include--
    <bullet> Evidence that the proposed viticultural area is locally 
and/or nationally known by the name specified in the petition;
    <bullet> Historical or current evidence that supports setting the 
boundary of the proposed viticultural area as the petition specifies;
    <bullet> Evidence relating to the geographic features, such as 
climate, soils, elevation, and physical features, that distinguish the 
proposed viticultural area from surrounding areas;
    <bullet> A description of the specific boundary of the proposed 
viticultural area, based on features found on United States Geological 
Survey (USGS) maps; and
    <bullet> 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.

[[Page 35147]]

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

[[Page 35148]]

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

[[Page 35149]]

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:
    <bullet> 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 e-rulemaking 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.''
    <bullet> U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412.
    <bullet> Hand Delivery/Courier: You may hand-carry your comments or 
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau, 
1310 G Street, NW., Suite 200-E, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
notice. Your comments must reference Notice No. 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

[[Page 35150]]

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 Sec.  9.-------- to read as 
follows:


Sec.  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 north-northwest 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

[[Page 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