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San Bernabe and San Lucas Viticultural Areas

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San Bernabe and San Lucas Viticultural Areas Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Proposed Rules 25851 DEPARTMENT OF THE TREASURY PO Box 4644, Petaluma, California growing region as a viticultural area. 94955–4644; telephone 415–271–1254. The petition must include— Alcohol and Tobacco Tax and Trade SUPPLEMENTARY INFORMATION: • Evidence of local and/or national Bureau name recognition of the proposed TTB Background viticultural area as the area specified in 27 CFR Part 9 What Is the Impact of the Homeland the petition; • Security Act on Rulemaking? Historical or current evidence that RIN 1512–AC60 the proposed viticultural area’s Effective January 24, 2003, the [TTB Notice No. 8] boundaries are as specified in the Homeland Security Act of 2002 divided petition; the Bureau of Alcohol, Tobacco and • Evidence of geographical San Bernabe and San Lucas Firearms (ATF) into two new agencies, Viticultural Areas (2001R–170P) characteristics, such as climate, soil, the Alcohol and Tobacco Tax and Trade elevation, physical features, etc., that AGENCY: Alcohol and Tobacco Tax and Bureau in the Department of the distinguish the proposed area from Trade Bureau (TTB), Treasury. Treasury and the Bureau of Alcohol, surrounding areas; Tobacco, Firearms and Explosives in the • ACTION: Notice of proposed rulemaking. A description of the specific Department of Justice. Regulation of boundaries of the viticultural area, SUMMARY: The Alcohol and Tobacco Tax wine labeling, including viticultural based on features reflected on United and Trade Bureau proposes the area designations, is the responsibility States Geological Survey (USGS) establishment of the San Bernabe of the new TTB. References to ATF in approved maps of the largest applicable viticultural area (the proposed area) and this document relate to events that scale; and the realignment of the adjacent San occurred prior to January 24, 2003, or to • A copy (or copies) of the USGS- Lucas viticultural area. Both viticultural functions that the Bureau of Alcohol, approved map(s) with the boundaries areas exist entirely within the Central Tobacco, Firearms and Explosives prominently marked. Coast and Monterey viticultural areas continues to perform. Will This Proposal Impact on Current and within Monterey County, Background on Viticultural Areas Wine Labels? California. The proposed San Bernabe viticultural area consists of 24,796 acres What Is TTB’s Authority To Establish a If this proposed viticultural area is that the petitioner states are Viticultural Area? established, bottlers who use brand predominantly rolling hills of sandy The Federal Alcohol Administration names like the name of the viticultural soils. The realignment would transfer Act (FAA Act) at 27 U.S.C. 205(e) area may be affected. If you do use a 1,281 acres of rolling, sandy land from requires that alcohol beverage labels brand name like San Bernabe, you must the northwest San Lucas area to the provide the consumer with adequate ensure that your existing products are south San Bernabe area. This proposed information regarding a product’s eligible to use the name of the realignment would avoid splitting a identity, while prohibiting the use of viticultural area as an appellation of large vineyard between two viticultural deceptive information on such labels. origin. For a wine to be eligible, at least areas and prevent overlapping of The FAA Act also authorizes TTB to 85 percent of the grapes in the wine viticultural areas. Claude Hoover of issue regulations to carry out the Act’s must have been grown within the Delicato Family Vineyards, Monterey, provisions. viticultural area. California, filed both petitions. Regulations in 27 CFR part 4, Labeling If the wine is not eligible to use the appellation, you must change the brand DATES: We must receive written and Advertising of Wine, allow the comments by July 14, 2003. establishment of definitive viticultural name of that wine and obtain approval of a new label. Different rules apply if ADDRESSES: You may send comments to areas and the use of their names as appellations of origin on wine labels you label a wine in this category with any of the following addresses— a label approved before July 7, 1986. See • Chief, Regulations and Procedures and in wine advertisements. Title 27 CFR Part 9, American Viticultural 27 CFR 4.39(i) for details. Additionally, Division, Alcohol and Tobacco Tax and where the name of a viticultural area is Trade Bureau, PO Box 50221, Areas, contains the list of approved viticultural areas. presented on a wine label in a context Washington, DC 20091–0221 (Attn: other than as the claimed appellation of Notice No. 8); What Is the Definition of an American • origin, then the use of such a 202–927–8525 (facsimile); Viticultural Area? viticultural area name is subject to the • [email protected] (e-mail); or • Title 27 CFR 4.25a(e)(1) defines an general prohibitions against misleading http://www.ttb.gov (An online American viticultural area as a representation in part 4 of the comment form is posted with this notice delimited grape-growing region regulations. on our Web site). distinguishable by geographic features San Bernabe and San Lucas Petitions You may view copies of this notice whose boundaries have been delineated and any comments received at http:// in subpart C of part 9. These We received two petitions proposing www.ttb.gov or by appointment at the designations allow consumers and (1) the establishment of a new ATF Reference Library, 650 vintners to attribute a given quality, viticultural area to be named San Massachusetts Avenue, NW., reputation, or other characteristic of Bernabe and (2) a realignment of the Washington, DC 20226; phone 202–927– wine made from grapes grown in an area adjacent, established San Lucas 7890. to its geographical origin. viticultural area. Both areas are located See the Public Participation section of in central Monterey County, California. this notice for specific instructions and What Is Required To Establish a The proposed San Bernabe viticultural requirements, and for information on Viticultural Area? area encompasses 24,796 acres, of how to request a public hearing. Section 4.25a(e)(2) outlines the which 7,636 acres are vineyard. The FOR FURTHER INFORMATION CONTACT: N. procedure for proposing an American petitioned realignment of the San Lucas A. Sutton, Specialist, Regulations and viticultural area. Anyone interested may viticultural area would transfer 1,281 Procedures Division (California), TTB, petition TTB to establish a grape- acres to the proposed San Bernabe VerDate Jan<31>2003 14:20 May 13, 2003 Jkt 200001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\14MYP1.SGM 14MYP1 25852 Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Proposed Rules viticultural area, create a common the proposed viticultural area of the Lockwood series soils dominate the boundary line between the two areas, same name. adjacent San Lucas viticultural area, and avoid overlapping of the viticultural The petitioner defines the proposed according to the petitioner. The areas. Claude Hoover of Delicato Family San Bernabe viticultural area proposed realignment area possesses a Vineyards, Monterey, California, filed boundaries on USGS maps by predominance of the wind-produced both petitions. connecting benchmarks, mountain eolian soils that contrast to the alluvial peaks, and other geographical features type soils of the San Lucas area. Above What Name Evidence Related to San with straight lines and by using several and west of the 700-foot contour line, Bernabe Has Been Provided? existing roads that follow the hilly the soils are derived from the shale- According to the 1991 publication of terrain and soil changes. based Santa Lucia Mountains. The ‘‘Monterey County Place Names, A The proposed San Bernabe bench soils along the east boundary are Geographical Dictionary,’’ by Donald viticultural area shares portions of its common to the Salinas River area. East Thomas Clark, Father Pedro Font, a west and southwest boundary lines with of the proposed viticultural area, the member of the California expedition of the surrounding Monterey viticultural Gabilan Mountain Range includes Spanish explorer DeAnza, documented area, which is also surrounded by the calcareous sandstone, shale, and the initial reference to San Bernabe on Central Coast viticultural area. If the siltstone, which come from a different March 8, 1776. He wrote in his diary, petitioned realignment is approved, the source material, according to the ‘‘we had passed a spur of the Sierra de proposed San Bernabe area will share its petitioner. southeast boundary with the San Lucas Santa Lucia * * * The road at first runs Climate through a spur of mountains, until it viticultural area. According to the descends to a wide valley called the petitioner, the transfer of 1,281 acres of The petitioner explains that the Can˜ ada de San Bernabe.’’ Eventually the the San Lucas viticultural area to the Salinas Valley forms a broad funnel for area became known as ‘‘Rancho San San Bernabe proposed viticultural area the strong, cool, afternoon marine winds Bernabe.’’ would better define the geographical coming off Monterey Bay during the The Thompson Canyon and San differences between the established San warm months. The winds are drawn Lucas USGS quadrangle maps Lucas and the proposed San Bernabe inland and south through the Salinas prominently identify the area as San viticultural areas and avoid splitting an Valley by rising, warm air and moderate Bernabe. The relevant Thomas Guide existing vineyard between
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