Proposed Rule2021-23976
Proposed Establishment of the Gabilan Mountains Viticultural Area
Primary source
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Published
November 10, 2021
Issuing agencies
Treasury DepartmentAlcohol and Tobacco Tax and Trade Bureau
Abstract
The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the approximately 98,000-acre "Gabilan Mountains" viticultural area in Monterey and San Benito Counties, California. The proposed viticultural area lies entirely within the established Central Coast viticultural area and would entirely encompass the established Mt. Harlan and Chalone viticultural areas. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on this proposed addition to its regulations.
Full Text
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<title>Federal Register, Volume 86 Issue 215 (Wednesday, November 10, 2021)</title>
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[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Proposed Rules]
[Pages 62495-62500]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23976]
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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.
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Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 /
Proposed Rules
[[Page 62495]]
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2021-0009; Notice No. 206]
RIN 1513-AC72
Proposed Establishment of the Gabilan Mountains Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the approximately 98,000-acre ``Gabilan Mountains''
viticultural area in Monterey and San Benito Counties, California. The
proposed viticultural area lies entirely within the established Central
Coast viticultural area and would entirely encompass the established
Mt. Harlan and Chalone viticultural areas. TTB designates viticultural
areas to allow vintners to better describe the origin of their wines
and to allow consumers to better identify wines they may purchase. TTB
invites comments on this proposed addition to its regulations.
DATES: TTB must receive comments on or before January 10, 2022.
ADDRESSES: You may electronically submit comments to TTB on this
proposal, and view copies of this document, its supporting materials,
and any comments TTB receives on it within Docket No. TTB-2021-0009 as
posted on <a href="http://Regulations.gov">Regulations.gov</a> (<a href="https://www.regulations.gov">https://www.regulations.gov</a>), the Federal e-
rulemaking portal. Please see the ``Public Participation'' section of
this document below for full details on how to comment on this proposal
via <a href="http://Regulations.gov">Regulations.gov</a> or U.S. mail, and for full details on how to obtain
copies of this document, its supporting materials, and any comments
related to this proposal.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
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 provides that these regulations should, 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 FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated the functions
and duties in the administration and enforcement of these provisions to
the TTB Administrator through Treasury Order 120-01, dated December 10,
2013 (superseding Treasury Order 120-01, dated January 24, 2003).
Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to
establish definitive viticultural areas and regulate 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) sets
forth standards for the preparation and submission of petitions for the
establishment or modification of American viticultural areas (AVAs) and
lists the approved AVAs.
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 having distinguishing features, as described in part 9
of the regulations, and a name and a delineated boundary, as
established 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 the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA 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 (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
the standards for petitions for the establishment or modification of
AVAs. Petitions to establish an AVA must include the following:
<bullet> Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
<bullet> An explanation of the basis for defining the boundary of
the proposed AVA;
<bullet> A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA;
<bullet> If the proposed AVA is to be established within, or
overlapping, an existing AVA, an explanation that both identifies the
attributes of the proposed AVA that are consistent with the existing
AVA and explains how the proposed AVA is sufficiently distinct from the
existing AVA and therefore appropriate for separate recognition;
<bullet> If the petition proposes the establishment of a new AVA
that is larger than, and encompasses, all of one or more existing AVAs,
the evidence submitted under paragraph (a) of Sec. 9.12 must include
information addressing whether, and to what extent, the attributes of
the proposed AVA are consistent with those of the existing AVA(s);
<bullet> The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon; and
<bullet> A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
[[Page 62496]]
Gabilan Mountains Petition
TTB received a petition from Parker Allen of Coastview Vineyards,
proposing the establishment of the ``Gabilan Mountains'' AVA. The
proposed Gabilan Mountains AVA is located within Monterey and San
Benito Counties, California, and lies entirely within the established
Central Coast AVA (27 CFR 9.75). The proposed AVA also entirely
encompasses the established Mt. Harlan (27 CFR 9.131) and Chalone (27
CFR 9.24) AVAs. The proposed Gabilan Mountains AVA contains
approximately 98,000 acres and has 6 commercially-producing vineyards
covering a total of approximately 436 acres, as well as 4 wineries.
According to the petition, the distinguishing features of the
proposed Gabilan Mountains AVA include its elevation, climate, and
soils. Unless otherwise noted, all information and data pertaining to
the proposed AVA contained in this document are from the petition for
the proposed Gabilan Mountains AVA and its supporting exhibits.
Name Evidence
The proposed Gabilan Mountains AVA takes its name from the Gabilan
Mountains range in which the proposed AVA is located. According to the
petition, the name is derived from the Spanish word meaning ``sparrow
hawk,'' a reference to the large number of red-tailed hawks that can be
found in the region.\1\ The petition notes that the word ``Gabilan'' is
sometimes written as ``Gavilan,'' as shown on a 1904 Decision Card from
the U.S. Board of Geographic Names.\2\ However, the petitioner chose
the spelling ``Gabilan,'' as that is the spelling found on current USGS
maps and in the current USGS Geographic Names Information System.\3\
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\1\ Gudde, Erwin G., and William Bright. California Place Names:
The Origin and Etymology of Current Geographical Names. Berkeley:
University of California, 2010.
\2\ See Exhibit 1 of the petition in Docket TTB-2021-0009 at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
\3\ See <a href="https://www.usgs.gov/core-science-systems/ngp/board-on-geographic-names/domestic-names">https://www.usgs.gov/core-science-systems/ngp/board-on-geographic-names/domestic-names</a>.
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The petition notes that the region of the proposed AVA is the
setting for John Steinbeck's book East of Eden. Steinbeck wrote that
``the Gabilan Mountains to the east of the valley were light gay
mountains full of sun and loveliness * * *,'' whereas the Santa Lucia
Mountains to the west were ``dark and brooding-unfriendly and
dangerous.'' The name has recently been used to describe the proposed
AVA region in a real estate listing for a lot consisting of
``approximately 165 acres in the Gabilan Mountains.'' \4\ A website for
planning hiking holidays includes an entry for the ``Trails of the
Gabilan Mountains.'' \5\ The California State Parks website includes an
entry for San Juan Bautista State Park, which includes the home of the
military commander of an 1846 battle at Fremont Peak, which took place
``in the nearby Gabilan Mountains.'' \6\ The petition notes that
Fremont Peak is located within the proposed AVA. Finally, the petition
states that a species of salamander found only within the proposed AVA
and a few other nearby areas is known as the Gabilan Mountains Slender
Salamander.\7\
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\4\ <a href="https://www.realtor.com/realestateandhomes-detail/Gabilan-Range_Hollister_CA_95023_M2012427678">https://www.realtor.com/realestateandhomes-detail/Gabilan-Range_Hollister_CA_95023_M2012427678</a>.
\5\ <a href="http://www.mountainhikingholidays.com/pinnacles-national-park-hiking-tour">www.mountainhikingholidays.com/pinnacles-national-park-hiking-tour</a>.
\6\ <a href="http://www.parks.ca.gov/?page_id=22678">www.parks.ca.gov/?page_id=22678</a>.
\7\ <a href="http://californiaherps.com/salamanders/pages/b.gavilanensis.html">californiaherps.com/salamanders/pages/b.gavilanensis.html</a>.
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Boundary Evidence
The proposed Gabilan Mountains AVA is comprised primarily of
elevations above 1,500 feet. The northern boundary follows the 1,520-
foot elevation contour and separates the proposed AVA from the lower
elevations of the San Juan and Hollister Valleys, as well as from the
Hollister Hills State Vehicular Recreational Area, which is not
available for commercial viticulture. The eastern boundary follows a
combination of the 1,520-foot elevation contour and the 1,600-foot
elevation contour to separate the proposed AVA from the lower
elevations of the adjacent, established San Benito (27 CFR 9.110) and
Cienega Valley (27 CFR 9.38) AVAs. The southern boundary follows the
boundary of the Pinnacles National Park boundary, to exclude that
region of Federally-owned land that is not available for commercial
viticulture. The western boundary generally follows the 1,520-foot
elevation contour to separate the proposed AVA from the lower
elevations of the Salinas Valley.
Distinguishing Features
The distinguishing features of the proposed Gabilan Mountains AVA
are its elevation, climate, and soils.
Elevation
The proposed Gabilan Mountains AVA is located in a mountainous
region with high elevations. According to the petition, the average
elevation within the proposed AVA is 2,370 feet. By contrast, the
surrounding regions all have lower average elevations, as demonstrated
in the following table.
Table 1--Average Elevations
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Average
AVA (direction from proposed AVA) elevation
(in feet)
------------------------------------------------------------------------
Proposed Gabilan Mountains................................. 2,370
Santa Clara Valley (north) \8\............................. 345
Lime Kiln Valley (east) \9\................................ 880
Cienega Valley (east) \10\................................. 1,105
Paicines (east) \11\....................................... 778
San Benito (east) \12\..................................... 881
Arroyo Seco (south) \13\................................... 331
Monterey (west) \14\....................................... 480
Santa Lucia Highlands (west) \15\.......................... 512
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According to the petition, the proposed AVA's higher elevations
place it above the heavy fog and marine layer. As a result, the
proposed AVA has a cool air climate without the humidity from the fog
and low-lying clouds. The petition claims that the lower humidity
levels significantly reduce mildew pressure in the proposed AVA, which
allows growers to use less fungicide and pursue more organic practices
during the growing season.
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\8\ 27 CFR 9.126.
\9\ 27 CFR 927.
\10\ 27 CFR 9.38.
\11\ 27 CFR 9.39.
\12\ 27 CFR 9.110.
\13\ 27 CFR 9.59.
\14\ 27 CFR 9.98.
\15\ 27 CFR 9.139.
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Climate
The petition states that the climate of the proposed Gabilan
Mountains AVA distinguishes it from the surrounding regions,
particularly with respect to fog and rainfall. According to a 2016
study cited in the petition, the proposed AVA averages fewer than 2.5
hours of fog and low clouds per day each year during the months of June
through September.\16\ By contrast, King City, to the south of the
proposed AVA averages 7 hours, while Salinas, to the west, and
Hollister, to the north, both average 9 hours. Each of these three
locations sits at lower elevations than the proposed AVA and lies
within valleys with airflow access to the Pacific Ocean. Paicines,
which is to the east of the proposed AVA and sheltered from the marine
air by the Hollister Hills, receives an average of only 2 hours of fog
and low cloud cover daily.
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\16\ Torregrosa, A., C. Combs, and J. Peters (2016), GOES-
derived fog and low cloud indices for coastal north and central
California ecological analyses, Earth and Space Science, 3, 46-67.
See also Figure 2 of the petition in Docket TTB-2021-0009.
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According to the petition, the lack of fog within the proposed
Gabilan Mountains AVA has an effect on viticulture. Vines exposed to
humid conditions, such as heavy fog or low cloud cover, have a high
degree of
[[Page 62497]]
mildew pressure. Additionally, heavy fog and low clouds act as a
blanket, insulating the valley floor and raising the average
temperature higher than temperatures in the elevations above the fog
line. Finally, vines growing above the fog line have more access to
direct sunlight, which provides photosynthesis to the vines for proper
maturation.
Annual rainfall amounts within the proposed Gabilan Mountains are
higher than in each of the surrounding regions.\17\ The proposed AVA
receives an average of 17.24 inches of rainfall each year, with over 12
inches of that amount occurring during the late fall and winter months.
Summers within the proposed AVA are extremely dry, averaging only 0.15
inch of rainfall annually. To the north of the proposed AVA in
Hollister, annual rainfall amounts average 14.19 inches, while
Paicines, to the east, receives 16.06 inches. To the south of the
proposed AVA, King City receives an average of 12.06 inches of rain
each year, and Salinas, to the west, receives an average of 12.83
inches. As within the proposed AVA, most of the rainfall in each of the
surrounding regions occurs in the late fall and winter months.
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\17\ All rainfall amounts derived from the National Climate Data
Center's 1981-2010 Climate Normals, which were the most recent
normals available.
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According to the petition, rains during the fall and winter act to
clear the soil and send nutrients and carbohydrates to the dormant
roots. Extremely dry summers reduce the risk of moisture-associated
diseases damaging the fruit and keeps the sugars and acids in balance
closer to harvest.
Soils
The soils of the proposed Gabilan Mountains AVA are described in
the petition as moderately coarse textured soils over a bedrock of
granite. The soils are primarily from the Sheridan-Cieneba-Auberry
association and are located on strongly sloping to very steep slope
angles. The soils are also described as well-drained to excessively
drained. Additionally, the soils are rich in calcium due to the high
limestone content.
By contrast, the petition describes the soils in the valleys to the
east and west of the proposed AVA as medium-textured soils on
floodplains and alluvial plains. The petition included a San Benito
County soil associations map, which includes the region to the east of
the proposed AVA. The map shows that the soils in the eastern valleys
outside of the proposed AVA are primarily of the San Benito-Gazos-Linne
association. The petition did not include a soil association map of the
valleys to the west of the proposed AVA in Monterey County, so TTB is
unable to determine the primary soil association for that region. The
petition also did not describe the soils to the north and south of the
proposed AVA.
According to the petition, the quick-draining soils of the proposed
AVA stress the vines during the growing season, resulting in more
intense flavors and rich, hardy skins that are less associated with
vines grown in less well-drained soils. Additionally, well-drained
soils are at less of a risk for root decay than waterlogged soils.
Finally, the high calcium content of the soil causes grapes to carry
acid later into the growing season, allowing growers to let the grapes
remain on the vines longer so that they reach physiological ripeness.
As a result, vineyards in the proposed AVA are typically harvested two
to three weeks later than the vineyards in the valleys of the
surrounding regions.
Summary of Distinguishing Features
In summary, the elevation, climate, and soils of the proposed
Gabilan Mountains AVA distinguish it from the surrounding regions. The
following table compares and contrast the features of the proposed AVA
to each of the surrounding regions.
Table 2--Comparison of Proposed AVA to Surrounding Regions
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Region Average elevation Climate Soils
----------------------------------------------------------------------------------------------------------------
Proposed AVA...................... 2,370 feet........... 2.5 hours or less of fog Moderately coarse
and low cloud cover daily textured soils over a
during summer months; bedrock of granite; well-
17.24 inches of rainfall drained to excessively
annually. drained; calcium-rich;
Sheridan-Cieneba-Auberry
association.
North............................. Lower................ 9 hours of fog and low Not provided.
cloud cover daily during
summer months; 14.19
inches of rainfall
annually.
East.............................. Lower................ 2 hours of fog and low Medium-textured soils on
cloud cover daily during floodplains and alluvial
summer months; 16.06 plains; San Benito-Gazos-
inches of rainfall Linne association.
annually.
South............................. Lower................ 7 hours of fog and low Not provided.
cloud cover daily during
summer months; 12.06
inches of rainfall
annually.
West.............................. Lower................ 9 hours of fog and low Medium-textured soils on
cloud cover daily during floodplains and alluvial
summer months; 12.83 plains.
inches of rainfall
annually.
----------------------------------------------------------------------------------------------------------------
Comparison of the Proposed Gabilan Mountains AVA to the Existing
Central Coast AVA
T.D.-ATF-216, which published in the Federal Register on October
24, 1985 (50 FR 43128), established the Central Coast AVA. The AVA is a
large, multi-county AVA that entirely encompasses the proposed Gabilan
Mountains AVA. T.D. ATF-216 states that the Central Coast AVA is
primarily distinguished by its marine-influenced climate. The AVA
experiences maximum high temperatures, minimum low temperatures, marine
fog incursion, relative humidity, length of growing season, and
precipitation that are significantly different from conditions on the
eastern (inland) side of the Coastal Ranges.
The proposed Gabilan Mountains AVA shares some of the general
viticultural features of the Central Coast AVA. For example, like the
Central Coast AVA, the proposed AVA has higher average annual rainfall
amounts than the more inland valleys. However, due to its higher
elevations, the proposed AVA experiences less marine fog incursion than
many of the lower elevation and coastal regions of the Central Coast
AVA. Additionally, due to its smaller size, the soils and elevations of
the proposed AVA are less varied than those of the Central Coast AVA.
Comparison of the Proposed Gabilan Mountains AVA to the Existing Mt.
Harlan AVA
The Mt. Harlan AVA is located in the northern portion of the
proposed Gabilan Mountains AVA and was established by T.D. ATF-304,
which was published in the Federal Register on November 15, 1990 (55 FR
47744). According to T.D. ATF-304, the Mt. Harlan AVA is characterized
by
[[Page 62498]]
elevations that are higher than those of the surrounding valleys and a
lack of heavy marine fog. Soils within the AVA are high in limestone
and are primarily from the Sheridan, Cieneba, and Auberry series.
Like the Mt. Harlan AVA, the proposed Gabilan Mountains AVA is a
region of high, mountainous elevations surrounded by lower valleys. The
proposed AVA also contains soils from the Sheridan, Cieneba, and
Auberry series, and it also experiences less marine fog than most of
the surrounding regions. However, due to its larger size, the proposed
AVA has a broader range of elevations and a higher average elevation
than the Mt. Harlan AVA. Additionally, the proposed AVA as a whole
receives less rainfall annually than the Mt. Harlan AVA, due to the Mt.
Harlan AVA's closer proximity to the Hollister and Cienega Valleys that
funnel storms in from the Pacific Ocean.
Comparison of the Proposed Gabilan Mountains AVA to the Existing
Chalone AVA
The Chalone AVA is located in the southern end of the proposed
Gabilan Mountains AVA and was established by T.D. ATF-107, which was
published in the Federal Register on June 14, 1982 (47 FR 25517). The
Chalone AVA is located at higher elevations than the Salinas Valley,
which is located to the west and south of the AVA, and therefore
receives less fog and marine air than the valley. The soils are derived
from granite and contain large amounts of limestone.
The proposed Gabilan Mountains AVA shares some of the major
characteristics of the Chalone AVA. For example, both the established
AVA and the proposed AVA have higher elevations than the surrounding
valleys, and both have soils characterized by high limestone content.
However, due to its larger size, the proposed Gabilan Mountains AVA has
a wider range of elevations and a higher average elevation.
Additionally, the proposed AVA as a whole receives more rainfall
annually than the Chalone AVA, which is sheltered from the Pacific
storms by the Santa Lucia Mountains.
TTB Determination
TTB concludes that the petition to establish the 98,000-acre
Gabilan Mountains AVA merits consideration and public comment, as
invited in this notice of proposed rulemaking.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA in the proposed regulatory text published at the end of this
proposed rule.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text. You may also view the proposed
Gabilan Mountains AVA boundary on the AVA Map Explorer on the TTB
website, at <a href="https://www.ttb.gov/wine/ava-map-explorer">https://www.ttb.gov/wine/ava-map-explorer</a>.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA 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, and the wine
must meet the other conditions listed in Sec. 4.25(e)(3) of the TTB
regulations (27 CFR 4.25(e)(3)). If the wine is not eligible for
labeling with an AVA name and that name 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 AVA name
appears in another reference on the label in a misleading manner, the
bottler would have to obtain approval of a new label. Different rules
apply if a wine has a brand name containing an AVA name that was used
as a brand name on a label approved before July 7, 1986. See Sec.
4.39(i)(2) of the TTB regulations (27 CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Gabilan
Mountains,'' will be recognized as a name of viticultural significance
under Sec. 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The
text of the proposed regulation clarifies this point. Consequently,
wine bottlers using the name ``Gabilan Mountains'' in a brand name,
including a trademark, or in another label reference as to the origin
of the wine, would have to ensure that the product is eligible to use
the AVA name as an appellation of origin if this proposed rule is
adopted as a final rule.
The approval of the proposed Gabilan Mountain AVA would not affect
any existing AVA, and any bottlers using ``Central Coast'', ``Mt.
Harlan,'' or ``Chalone'' as an appellation of origin or in a brand name
for wines made from grapes grown within those AVAs would not be
affected by the establishment of this new AVA. The establishment of the
proposed Gabilan Mountains AVA would allow vintners to use ``Gabilan
Mountains'' and ``Central Coast'' as appellations of origin for wines
made from grapes grown within the proposed Gabilan Mountains AVA if the
wines meet the eligibility requirements for the appellation. Vintners
whose wines meet the eligibility requirements for the Mt. Harlan AVA
appellation would also be able to use ``Gabilan Mountains,'' along with
or in place of ``Mt. Harlan'' or ``Central Coast,'' as an appellation
of origin. Additionally, vintners whose wines meet the eligibility
requirements for the Chalone AVA appellation would be able to use
``Gabilan Mountains,'' along with or in place of ``Chalone'' or
``Central Coast,'' as an appellation of origin.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed AVA. TTB is also interested in
receiving comments on the sufficiency and accuracy of the name,
boundary, soils, and other required information submitted in support of
the petition. In addition, given the proposed Gabilan Mountain AVA's
location within the existing Central Coast AVA, TTB is interested in
comments on whether the evidence submitted in the petition regarding
the distinguishing features of the proposed AVA sufficiently
differentiates it from the existing established AVA. TTB is also
interested in comments on whether the geographic features of the
proposed AVA are so distinguishable from the surrounding Central Coast
AVA that the proposed Gabilan Mountains AVA should no longer be part of
that AVA. Finally, TTB is interested in comments on whether the
evidence sufficiently distinguishes the proposed AVA from the Mt.
Harlan and Chalone AVAs located within it, and if either or both of
those established AVAs are so distinct that they should not be a part
of the larger proposed Gabilan Mountains AVA. Please provide any
available specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Gabilan Mountains AVA on wine labels that include the term
``Gabilan Mountains'' as discussed above under Impact on Current Wine
Labels, TTB is particularly interested in comments regarding whether
there will be a conflict between the proposed AVA name 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
anticipated negative economic impact that approval of the proposed AVA
will
[[Page 62499]]
have on an existing viticultural enterprise. TTB is also interested in
receiving suggestions for ways to avoid conflicts, for example, by
adopting a modified or different name for the AVA.
Submitting Comments
You may submit comments on this notice by using one of the
following methods:
<bullet> Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2021-
0009 on ``<a href="http://Regulations.gov">Regulations.gov</a>,'' the Federal e-rulemaking portal, at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. A direct link to that docket is available
under Notice No. 206 on the TTB website at <a href="<a href="https://www.ttb.gov/wine/wine_rulemaking.shtml">https://www.ttb.gov/wine/wine_rulemaking.shtml</a>"><a href="https://www.ttb.gov/wine/wine_rulemaking.shtml">https://www.ttb.gov/wine/wine_rulemaking.shtml</a></a>. Supplemental files may be attached to comments
submitted via <a href="http://Regulations.gov">Regulations.gov</a>. For complete instructions on how to use
<a href="http://Regulations.gov">Regulations.gov</a>, visit the site and click on the ``Help'' tab.
<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, 1310 G Street NW, Box 12, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 206 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. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly state if you are commenting for
yourself or on behalf of an association, business, or other entity. If
you are commenting on behalf of an entity, your comment must include
the entity's name, as well as your name and position title. If you
comment via <a href="http://Regulations.gov">Regulations.gov</a>, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, 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
TTB will post, and you may view, copies of this notice, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2021-0009 on the Federal e-
rulemaking portal, <a href="http://Regulations.gov">Regulations.gov</a>, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. A
direct link to that docket is available on the TTB website at <a href="https://www.ttb.gov/wine/wine_rulemaking.shtml">https://www.ttb.gov/wine/wine_rulemaking.shtml</a> under Notice No. 206. You may
also reach the relevant docket through the <a href="http://Regulations.gov">Regulations.gov</a> search page
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For information on how to use
<a href="http://Regulations.gov">Regulations.gov</a>, click on the site's ``Help'' tab.
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 email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also obtain copies of this proposed rule, all related
petitions, maps and other supporting materials, and any electronic or
mailed comments that TTB receives about this proposal at 20 cents per
8.5- x 11-inch page. Please note that TTB is unable to provide copies
of USGS maps or any similarly-sized documents that may be included as
part of the AVA petition. Contact TTB's Regulations and Rulings
Division by email using the web form at <a href="https://www.ttb.gov/contact-rrd">https://www.ttb.gov/contact-rrd</a>, or by telephone at 202-453-1039, ext. 175, to request copies of
comments or other materials.
Regulatory Flexibility Act
TTB certifies 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
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this notice of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.to read as follows:
Sec. 9.__ Gabilan Mountains.
(a) Name. The name of the viticultural area described in this
section is ``Gabilan Mountains''. For purposes of part 4 of this
chapter, ``Gabilan Mountains'' is a term of viticultural significance.
(b) Approved maps. The 10 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Gabilan Mountains viticultural area are titled:
(1) Hollister, CA, 2015;
(2) Mount Harlan, CA, 2015;
(3) Paicines, CA, 2015;
(4) Bickmore Canyon, CA, 2015;
(5) North Chalone Peak, CA, 2015;
(6) Soledad, CA, 2015;
(7) Mount Johnson, CA, 2015;
(8) Gonzales, CA, 2015;
(9) Natividad, CA, 2015; and
(10) San Juan Bautista, CA, 2015.
(c) Boundary. The Gabilan Mountains viticultural area is located in
Monterey and San Benito Counties, California. The boundary of the
Gabilan Mountains viticultural area is as described as follows:
(1) The beginning point is on the Hollister map at the intersection
of the 1,520-foot elevation contour and an unnamed local road known
locally as San Juan Canyon Road, southeast of the southernmost
intersection of San Juan Canyon Road and Hillside Road. From the
beginning point, proceed south, then southeasterly along the meandering
1,520-foot elevation contour to its intersection with a west-east
flowing tributary of Bird Creek in Azalea Canyon; then
(2) Proceed southeast in a straight line, crossing Azalea Canyon
and the
[[Page 62500]]
main channel of Bird Creek, to the intersection of the 1,520-foot
elevation contour an a southeast-northwest flowing tributary of Bird
Creek; then
(3) Proceed generally southeasterly along the 1,520-foot elevation
contour to its intersection with the eastern fork of an unnamed stream;
then
(4) Proceed southeast in a straight line, crossing onto the Mount
Harlan map, to the intersection of the 1,600-ft elevation contour and
the northernmost unnamed creek; then
(5) Proceed generally south, then north along the 1,600-foot
elevation contour to its intersection with a north-south trending
tributary of Pescadero Creek; then
(6) Proceed south in a straight line, crossing Pescadero Creek, to
the 1,520-foot elevation contour; then
(7) Proceed easterly along the meandering 1,520-foot elevation
contour, crossing onto the Paicines map, and continuing along the
1,520-foot elevation contour as it meanders back and forth between the
Mount Harlan map and the Paicines map, crossing Thompson Creek and
continuing along the 1,520-foot elevation contour to its intersection
with the eastern fork of an unnamed intermittent stream on the Paicines
map north of Three Troughs Canyon; then
(8) Proceed southeast in a straight line to a fork in a tributary
of Stone Creek east of Three Troughs Canyon; then
(9) Proceed east-southeast in a straight line, crossing onto the
Bickmore Canyon map, to the intersection of an unnamed tributary of the
San Benito River and the 1,520-foot elevation contour; then
(10) Proceed southeasterly along the 1,520-foot elevation contour
to a point north of the confluence of Willow Creek and the South Fork
of Willow Creek; then
(11) Proceed south in a straight line to the confluence of Willow
Creek and the South Fork of Willow Creek; then
(12) Proceed east in a straight line to State Route 25; then
(13) Proceed southeasterly along State Route 25 to its intersection
with the boundary of Pinnacles National Park; then
(14) Proceed south, then east, then generally south along the
boundary of Pinnacles National Park, crossing onto the North Chalone
Peak map, to the intersection of the National Park boundary and the
1,520-foot elevation contour northeast of Mann Canyon; then
(15) Proceed westerly along the 1,520-foot elevation contour to its
intersection with CA-146; then
(16) Proceed southwest in a straight line, crossing onto the
Soledad map, to the fork in an unnamed intermittent creek running
parallel to Fabry Road; then
(17) Proceed northwest in a straight line, crossing over Stonewall
Creek, the unnamed intermittent creek and its tributaries in Bryant
Canyon, and a second unnamed intermittent creek, to the intersection of
the 1,480-foot elevation contour and the northern terminus of a third
unnamed intermittent stream; then
(18) Proceed north in a straight line to the 1,520-foot elevation
contour; then
(19) Proceed southwest, then generally northwest along the
meandering 1,520-foot elevation contour, crossing over the Mount
Johnson map and back and forth between the Gonzales map and the Mount
Johnson map to the intersection of the 1,520-foot elevation contour and
an unnamed tributary of Chular Creek southeast of Espinosa Canyon on
the Gonzales map; then
(20) Proceed northwest in a straight line, crossing Chular Creek
and Espinosa Canyon, to the 1,520-foot elevation contour; then
(21) Proceed generally northwesterly, then northeasterly along the
1,520-foot elevation contour, crossing over the Mount Harlan,
Natividad, San Juan Bautista, and Hollister maps, returning to the
beginning point on the Hollister map.
Signed: August 4, 2021.
Mary G. Ryan,
Administrator.
Approved: September 24, 2021.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
Editorial Note: This document was received for publication by
the Office of the Federal Register on October 29, 2021.
[FR Doc. 2021-23976 Filed 11-9-21; 8:45 am]
BILLING CODE 4810-31-P
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</html>Indexed from Federal Register on November 10, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.