Federal Register/Vol. 80, No. 32/Wednesday, February 18, 2015
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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8529 Dated: February 12, 2015. Secretary has delegated various • The appropriate United States Kevin J. Wolf, authorities through Treasury Geological Survey (USGS) map(s) Assistant Secretary for Export Department Order 120–01 (Revised), showing the location of the proposed Administration. dated December 10, 2013, to the TTB AVA, with the boundary of the [FR Doc. 2015–03321 Filed 2–17–15; 8:45 am] Administrator to perform the functions proposed AVA clearly drawn thereon; BILLING CODE 3510–33–P and duties in the administration and and enforcement of this law. • A detailed narrative description of Part 4 of the TTB regulations (27 CFR the proposed AVA boundary based on DEPARTMENT OF THE TREASURY part 4) authorizes TTB to establish USGS map markings. definitive viticultural areas and regulate Fountaingrove District Petition Alcohol and Tobacco Tax and Trade the use of their names as appellations of Bureau origin on wine labels and in wine TTB received a petition from Douglas advertisements. Part 9 of the TTB Grigg of Walnut Hill Vineyards, LLC, on 27 CFR Part 9 regulations (27 CFR part 9) sets forth behalf of the Fountaingrove Appellation standards for the preparation and Committee, proposing the establishment [Docket No. TTB–2014–0006; T.D. TTB–128; submission of petitions for the of the ‘‘Fountaingrove District’’ AVA in Ref: Notice No. 144] establishment or modification of Sonoma County, California, northeast of RIN 1513–AC09 American viticultural areas (AVAs) and the city of Santa Rosa. The committee lists the approved AVAs. originally proposed the name Establishment of the Fountaingrove ‘‘Fountaingrove,’’ after the 19th Century District Viticultural Area Definition utopian community of Fountaingrove Section 4.25(e)(1)(i) of the TTB that once existed within the region of AGENCY: Alcohol and Tobacco Tax and regulations (27 CFR 4.25(e)(1)(i)) defines the proposed AVA. Before the Trade Bureau, Treasury. a viticultural area for American wine as publication of the proposed rule, the ACTION: Final rule; Treasury decision. a delimited grape-growing region having committee submitted to TTB a request distinguishing features, as described in to change the name to ‘‘Fountaingrove SUMMARY: The Alcohol and Tobacco Tax part 9 of the regulations, and a name District’’ in order to avoid affecting and Trade Bureau (TTB) establishes the and a delineated boundary, as current use of the word approximately 38,000-acre established in part 9 of the regulations. ‘‘Fountaingrove,’’ standing alone, in ‘‘Fountaingrove District’’ viticultural These designations allow vintners and brand names on wine labels. The area in Sonoma County, California. The consumers to attribute a given quality, proposed AVA covers approximately viticultural area lies entirely within the reputation, or other characteristic of a 38,000 acres and has approximately 35 larger, multicounty North Coast wine made from grapes grown in an area commercially-producing vineyards viticultural area. TTB designates to the wine’s geographic origin. The covering a total of 500 acres. viticultural areas to allow vintners to establishment of AVAs allows vintners The proposed Fountaingrove District better describe the origin of their wines to describe more accurately the origin of AVA is located entirely within the and to allow consumers to better their wines to consumers and helps larger, multicounty North Coast AVA identify wines they may purchase. consumers to identify wines they may (27 CFR 9.30). The proposed AVA DATES: This final rule is effective March purchase. Establishment of an AVA is shares its boundaries with the 20, 2015. neither an approval nor an endorsement established Russian River Valley (27 FOR FURTHER INFORMATION CONTACT: by TTB of the wine produced in that CFR 9.66), Chalk Hill (27 CFR 9.52), Karen A. Thornton, Regulations and area. Knights Valley (27 CFR 9.76), Calistoga Rulings Division, Alcohol and Tobacco (27 CFR 9.209), Diamond Mountain Requirements Tax and Trade Bureau, 1310 G Street District (27 CFR 9.166), Spring NW., Box 12, Washington, DC 20005; Section 4.25(e)(2) of the TTB Mountain District (27 CFR 9.143), and phone 202–453–1039, ext. 175. regulations (27 CFR 4.25(e)(2)) outlines Sonoma Valley (27 CFR 9.29) AVAs but does not overlap any of these AVAs. SUPPLEMENTARY INFORMATION: the procedure for proposing an AVA and provides that any interested party According to the petition, the Background on Viticultural Areas may petition TTB to establish a grape- distinguishing features of the proposed Fountaingrove District AVA are its TTB Authority growing region as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) topography, climate, and soils. The Section 105(e) of the Federal Alcohol prescribes standards for petitions for the proposed AVA is located on the western Administration Act (FAA Act), 27 establishment or modification of AVAs. slopes of the Mayacmas Mountains and U.S.C. 205(e), authorizes the Secretary Petitions to establish an AVA must features low, rolling hills as well as of the Treasury to prescribe regulations include the following: higher, steeper mountains with for the labeling of wine, distilled spirits, • Evidence that the area within the southwest-facing slopes. The Sonoma and malt beverages. The FAA Act proposed AVA boundary is nationally Mountains, along the southwestern provides that these regulations should, or locally known by the AVA name boundary of the proposed AVA, shelter among other things, prohibit consumer specified in the petition; the proposed AVA from the strongest deception and the use of misleading • An explanation of the basis for marine breezes and heaviest fog, but an statements on labels and ensure that defining the boundary of the proposed air gap in the mountains does allow labels provide the consumer with AVA; some cooling air and fog into the adequate information as to the identity • A narrative description of the proposed AVA. The moderate and quality of the product. The Alcohol features of the proposed AVA affecting temperatures within the proposed and Tobacco Tax and Trade Bureau viticulture, such as climate, geology, Fountaingrove District AVA are suitable (TTB) administers the FAA Act soils, physical features, and elevation, for growing cabernet sauvignon, pursuant to section 1111(d) of the that make the proposed AVA distinctive chardonnay, sauvignon blanc, merlot, Homeland Security Act of 2002, and distinguish it from adjacent areas cabernet franc, zinfandel, syrah, and codified at 6 U.S.C. 531(d). The outside the proposed AVA boundary; voignier grape varieties. The proposed VerDate Sep<11>2014 17:46 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 mstockstill on DSK4VPTVN1PROD with RULES 8530 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations AVA contains a variety of different Comments Received Boundary Description soils, but most of the soils are derived In response to Notice No. 144, TTB See the narrative description of the from Sonoma Volcanic and Franciscan boundary of the AVA in the regulatory Formation bedrock and consist of received a total of four comments, all of which supported the establishment of text published at the end of this final volcanic materials, such as pumiceous rule. ashflow tuff and basalt lava. The soils the Fountaingrove District AVA. contain high levels of iron, which is Commenters included three local Maps essential for healthy vine growth, but vineyard and winery owners and one person who listed no affiliation. All of The petitioner provided the required also contain high levels of nickel, which the comments generally supported the maps, and they are listed below in the can be toxic to grapevines unless the establishment of the proposed AVA due regulatory text. soil is ameliorated to reduce the level. to its distinctive climate and soils and Impact on Current Wine Labels To the west of the proposed its long history as a wine region. One Fountaingrove District AVA, the comment (comment 4) also supported Part 4 of the TTB regulations prohibits established Russian River Valley AVA is the establishment of the proposed AVA any label reference on a wine that a low, broad valley with cooler as a way to honor the accomplishments indicates or implies an origin other than temperatures and soil derived from river of Kanaye Nagasawa, a Japanese citizen the wine’s true place of origin. For a deposits. To the north, the Knights who managed the vineyards and winery wine to be labeled with an AVA name Valley AVA is warmer than the of the Fountaingrove community and or with a brand name that includes an proposed AVA and contains broad became one of the most prominent wine AVA name, at least 85 percent of the stream valleys with soils derived from makers in California during the early wine must be derived from grapes river deposits. Also to the north of the 1900s. grown within the area represented by proposed AVA is the Chalk Hill AVA, that name, and the wine must meet the The comments did not raise any new other conditions listed in 27 CFR which has temperatures and topography issues concerning the proposed AVA. similar to the proposed AVA, but has 4.25(e)(3). If the wine is not eligible for TTB received no comments opposing labeling with an AVA name and that soils that are derived primarily from the establishment of the Fountaingrove river deposits. To the east, the Calistoga, name appears in the brand name, then District AVA. TTB also did not receive the label is not in compliance and the Diamond Mountain District, and Spring any comments in response to its Mountain District AVAs have northeast- bottler must change the brand name and question of whether the proposed obtain approval of a new label.