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Federal Register/Vol. 69, No. 124/Tuesday, June 29, 2004/Rules 38834 Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations Signed: March 15, 2004. establishment of definitive viticultural the use of brand names of viticultural Arthur J. Libertucci, areas and the use of their names as significance, such as the name of a Administrator. appellations of origin on wine labels State, county, or viticultural area, unless and in wine advertisements. Title 27 the wine meets the appellation of origin Approved: April 27, 2004. CFR Part 9, American Viticultural requirements for the named geographic Timothy E. Skud, Areas, contains the list of approved area. Deputy Assistant Secretary (Tax, Trade, and viticultural areas. With the establishment of the ‘‘San Tariff Policy). Bernabe’’ viticultural area, its name, like [FR Doc. 04–14651 Filed 6–28–04; 8:45 am] Definition that of the existing ‘‘San Lucas’’ BILLING CODE 4810–31–P Title 27 CFR 4.25(e)(1) defines an viticultural area, becomes a term of American viticultural area as a viticultural significance. Wine bottlers delimited grape-growing region using ‘‘San Bernabe’’ or ‘‘San Lucas’’ in DEPARTMENT OF THE TREASURY distinguishable by geographic features a brand name, including a trademark, or whose boundary has been delineated in in another label reference, must ensure Alcohol and Tobacco Tax and Trade subpart C of part 9. The establishment the product is eligible to use that Bureau of viticultural areas allows the viticultural area’s name as an identification of regions where a given appellation of origin. 27 CFR Part 9 quality, reputation, or other For a wine to be eligible to use a [T.D. TTB–14; Re: Notice No. 8] characteristics of the wine is essentially viticultural area name listed in part 9 of attributable to its geographic origin. The the TTB regulations as an appellation of RIN 1513–AA28 establishment of viticultural areas origin, at least 85 percent of the grapes used to make the wine must have been San Bernabe and San Lucas allows vintners to describe more grown within that viticultural area. If Viticultural Areas (2001R–170P) accurately the origin of their wines to consumers and helps consumers to the wine is not eligible to use the AGENCY: Alcohol and Tobacco Tax and identify the wines they purchase. viticultural area name and that name Trade Bureau, Treasury. Establishment of a viticultural area is appears in the wine’s brand name or in ACTION: Final rule; Treasury decision. neither an approval nor endorsement by another label reference, the label is not TTB of the wine produced there. in compliance and the bottler must SUMMARY: This Treasury decision change the brand name or other label establishes the San Bernabe viticultural Requirements reference and obtain approval of a new area and realigns the existing San Lucas Section 4.25(e)(2) outlines the label. viticultural area. Both viticultural areas procedure for proposing an American Different rules apply if a wine has a are within the Monterey viticultural viticultural area. Anyone interested may brand name containing a viticultural area in Monterey County, California, petition TTB to establish a grape- area name that was used as a brand and within California’s multi-county growing region as a viticultural area. name on a label approved before July 7, Central Coast viticultural area. The The petition must include— 1986. See 27 CFR 4.39(i) for details. • establishment of viticultural areas Evidence that the proposed San Bernabe and San Lucas Petitions allows vintners to describe more viticultural area is locally and/or accurately where their wines come from nationally known by the name specified We received two petitions from and enables consumers to better identify in the petition; Claude Hoover of Delicato Family the wines they purchase. • Historical or current evidence that Vineyards, Monterey, California, EFFECTIVE DATE: August 30, 2004. the boundaries of the proposed proposing the establishment of a new viticultural area to be named San FOR FURTHER INFORMATION CONTACT: N. viticultural area are as specified in the Bernabe, and the realignment of the A. Sutton, Program Manager, petition; • adjacent, established San Lucas Regulations and Procedures Division, Evidence relating to the viticultural area (27 CFR 9.56). Both Alcohol and Tobacco Tax and Trade geographical features, such as climate, viticultural areas are located in the Bureau, 6660 Delmonico Dr., #D422, soils, elevation, physical features, etc., Salinas Valley in central Monterey Colorado Springs, CO 80919; telephone that distinguish the proposed area from County, California. The two areas are 415–271–1254. surrounding areas; • A description of the proposed within the Monterey viticultural area SUPPLEMENTARY INFORMATION: viticultural area’s specific boundaries, (27 CFR 9.98) and the multi-county Background on Viticultural Areas based on features found on maps Central Coast viticultural area (27 CFR approved by the United States 9.75). TTB Authority Geological Survey (USGS); and The San Bernabe viticultural area The Federal Alcohol Administration • A copy of the appropriate USGS encompasses 24,796 acres of Act (FAA Act) at 27 U.S.C. 205(e) map(s) with the boundaries prominently predominantly rolling hills with sandy requires that alcohol beverage labels marked. soils and 7,636 acres of vineyards. The provide the consumer with adequate A petition requesting the modification realignment of the San Lucas information regarding a product’s of an established viticultural area must viticultural area transfers 1,281 acres of identity, while prohibiting the use of include the appropriate evidence and rolling, sandy land from the misleading information on such labels. maps as described above to support the northwestern San Lucas area to the The FAA Act also authorizes the requested modification(s). southern San Bernabe area. This Secretary of the Treasury to issue realignment avoids splitting a large regulations to carry out the Act’s Impact on Current Wine Labels vineyard between the two viticultural provisions. The Alcohol and Tobacco Part 4 of the TTB regulations prohibits areas, prevents overlapping boundary Tax and Trade Bureau (TTB) any label reference on a wine that lines between the two viticultural areas, administers these regulations. suggests an origin other than the wine’s and creates one common boundary line Regulations in 27 CFR Part 4, Labeling true place of origin. With certain between the San Bernabe viticultural and Advertising of Wine, allow the exceptions, the regulations also prohibit area and the San Lucas viticultural area. VerDate jul<14>2003 15:12 Jun 28, 2004 Jkt 203001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1 Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules and Regulations 38835 Name Evidence southwest boundary lines with the shale, and siltstone, which come from a According to the 1991 publication of surrounding Monterey viticultural area, different source material, according to ‘‘Monterey County Place Names, A which is, in turn, surrounded by the the petitioner. multi-county Central Coast viticultural Geographical Dictionary,’’ by Donald Climate Thomas Clark, Father Pedro Font, a area. The San Bernabe viticultural area The Salinas Valley forms a broad member of the California expedition of shares its south boundary line with the funnel for the strong, cool, afternoon Spanish explorer DeAnza, documented realigned San Lucas viticultural area’s marine winds coming off Monterey Bay the initial reference to San Bernabe on northwestern boundary. The transfer of during the warm months. The winds are March 8, 1776. He wrote in his diary, 1,281 acres of the San Lucas viticultural drawn inland and south through the ‘‘we had passed a spur of the Sierra de area to the San Bernabe viticultural area Salinas Valley by rising warm air that Santa Lucia * * *. The road at first runs helps to better define the geographical moderates the valley’s high and low through a spur of mountains, until it differences between the established San temperatures to varying degrees, descends to a wide valley called the Lucas area and the new San Bernabe producing a graduated effect in the Can˜ ada de San Bernabe.’’ Eventually the area while preventing the split of an valley. As a result, the San Bernabe area area became known as ‘‘Rancho San existing vineyard between the two is warmer than viticultural areas to the Bernabe.’’ viticultural areas. north, and closer to Monterey Bay, and The Thompson Canyon and San Growing Conditions cooler than the adjoining San Lucas Lucas USGS quadrangle maps viticultural area to the immediate south. prominently identify the area as San Topography The winds dissipate gradually as they Bernabe. The relevant Thomas Guide The San Bernabe viticultural area is travel inland from Monterey Bay and labels this area Rancho San Bernabe. located immediately south of King City create a series of temperature-unique, The TopoZone map Web site identifies in the long Salinas Valley. The grape-growing areas within the long this rural area as San Bernabe. approximately 9-mile-long and 7-mile- Salinas Valley. San Bernabe, at 60 miles The 13,000-acre San Bernabe vineyard wide viticultural area occupies the south of the Monterey Bay, averages a estate, owned by Delicato Family valley floor and rolling foothills, 30-degree daily temperature variation, Vineyards, has 7,636 acres planted to extending west from the Salinas River to while Salinas, at 17 miles from the grapes and sits almost entirely within the Santa Lucia Mountains. Unique Monterey Bay, averages a smaller 18- the new viticultural area. A small viticultural qualities of the San Bernabe degree daily temperature variation. portion of the vineyard estate, outside area include its climate, water quality, The cool night air helps retain the the San Bernabe viticultural area wind-produced eolian soils, and rolling grapes’ acid and color, while the daily boundaries, is unplanted and unsuitable hills.
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