Rule2022-05001
Expansion of the Clarksburg Viticultural Area
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 9, 2022
Effective
April 8, 2022
Issuing agencies
Treasury DepartmentAlcohol and Tobacco Tax and Trade Bureau
Abstract
The Alcohol and Tobacco Tax and Trade Bureau (TTB) is expanding the approximately 64,640-acre "Clarksburg" viticultural area by approximately 27,945 acres. The Clarksburg viticultural area is located in Sacramento, Solano, and Yolo Counties, in California, and the expansion area is located in Sacramento and Solano Counties. The established Clarksburg viticultural area and the expansion area are not located within any other established viticultural area. 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.
Full Text
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<title>Federal Register, Volume 87 Issue 46 (Wednesday, March 9, 2022)</title>
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[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Rules and Regulations]
[Pages 13157-13160]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05001]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2020-0013; T.D. TTB-178; Ref: Notice No. 198]
RIN 1513-AC62
Expansion of the Clarksburg Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is
expanding the approximately 64,640-acre ``Clarksburg'' viticultural
area by approximately 27,945 acres. The Clarksburg viticultural area is
located in Sacramento, Solano, and Yolo Counties, in California, and
the expansion area is located in Sacramento and Solano Counties. The
established Clarksburg viticultural area and the expansion area are not
located within any other established viticultural area. 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.
DATES: This final rule is effective April 8, 2022.
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 to TTB 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, once approved, a name and a delineated boundary
codified 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 allows any interested
party to
[[Page 13158]]
petition TTB to establish a grape-growing region as an AVA. Petitioners
may use the same process to request changes to established AVAs.
Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards
for petitions to modify established AVAs. Petitions to expand an
established AVA must include the following:
<bullet> Evidence that the area within the proposed expansion area
boundary is nationally or locally known by the name of the established
AVA;
<bullet> An explanation of the basis for defining the boundary of
the proposed expansion area;
<bullet> A narrative description of the features of the proposed
expansion area that affect viticulture, such as climate, geology,
soils, physical features, and elevation, that make the proposed
expansion area similar to the established AVA and distinguish it from
adjacent areas outside the established AVA boundary;
<bullet> The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed expansion area, with the
boundary of the proposed expansion area clearly drawn thereon; and
<bullet> A detailed narrative description of the proposed expansion
area boundary based on USGS map markings.
Petition To Expand the Clarksburg AVA
TTB received a petition from James Reamer of Reamer Farms vineyard,
submitted on behalf of himself and other wine industry members,
proposing to expand the established ``Clarksburg'' AVA. The Clarksburg
AVA (27 CFR 9.95) was established by T.D. ATF-166, which published in
the Federal Register on January 23, 1984 (49 FR 2758). The Clarksburg
AVA covers approximately 64,640 acres in Sacramento, Solano, and Yolo
Counties in California. The Clarksburg AVA and the proposed expansion
area are not located within any other AVA. Although the established
Clarksburg AVA does contain the established Merritt Island AVA (27 CFR
9.68), the proposed expansion area is not adjacent to the Merritt
Island AVA and would not affect the boundaries of that AVA.
The proposed expansion area is adjacent to the southern portion of
the established AVA and entirely encompasses Grand Island and Ryer
Island, which together cover approximately 27,945 acres. The petitioner
states that within the proposed expansion area there are 350 acres of
grapevines on Grand Island and three vineyards on Ryer Island.
According to the petition, the soils, climate, and topography of the
proposed expansion area are similar to those of the established
Clarksburg AVA.
T.D. ATF-166 describes the soils of the Clarksburg AVA as poorly
drained clay and clay loam soils, but provides no additional
information about the soils of the surrounding regions except to note
that viticulture to the west of the AVA is made impossible due to the
combination of soils and flooding, and that the soils to the south of
the AVA contain poorly drained organic and mineral soils. However, the
expansion petition provides more detailed information about the soils
of the Clarksburg AVA and the surrounding regions. The expansion
petition states that the lands within the Clarksburg AVA and the
proposed expansion area fall into two groups: The alluvial fan-basin
group and the flood plain-basin-blackswamp group. These landform groups
influenced the development of the soils in the AVA. The alluvial fan-
basin group lands are found mostly in the western portion of the
Clarksburg AVA and include soils of the Lang, Laugenour, Maria,
Merritt, Sycamore, Tyndall, and Valdez series, as well as Egbert, Omni,
Sacramento, and Willows soils. The eastern portion of the Clarksburg
AVA is characterized by flood plain-basin-blackswamp landforms. Soils
commonly found in this region include the Columbia, Consumnes, Lang,
Laugenour, Sailboat, and Valpac series, as well as Clear Lake,
Dierssen, and Tinnin soils.
Soils of both landform groups share several characteristics,
including low-to-moderate levels of organic material, poor to somewhat-
poor drainage, and a combination of silt, clay, sand, and loam. Because
of the poor drainage quality of the soils, a well-placed and maintained
system of ditches and canals is necessary, as are tile drains in some
locations. Ridges in the vine rows called berms also allow for better
drainage and are common features in both the AVA and the proposed
expansion area. Additionally, vineyard owners often use rootstocks with
greater-than-average tolerances of wet soils in order to limit the risk
of significant root dieback and root diseases.
The proposed expansion area contains both flood plain-basin-
blackswamp landforms and alluvial fan-basin landforms. Grand Island, in
the eastern portion of the proposed expansion area, consists mostly of
flood plain-basin-blackswamp landforms. Soils found in both Grand
Island and the Clarksburg AVA include the Consumnes, Egbert, Laugenour,
and Sailboat series. Ryer Island, in the western portion of the
proposed expansion area, contains alluvial fan-basin landforms. Soils
of the Egbert, Sacramento, and Valdez series are found in both the
Clarksburg AVA and Ryer Island.
By contrast, one of the alluvial fan-basin landform soils found in
the proposed expansion area and the Clarksburg AVA are found in the
regions to the east and south, outside of the established AVA and the
proposed expansion area. These regions contain a type of marshland soil
called Rindge mucky silt loam, which is not found in either the
Clarksburg AVA or the proposed expansion area. Furthermore, the soils
to the east and south contain greater concentrations of organic matter.
To the west of the proposed expansion area and the Clarksburg AVA, the
common soils include the Capay and Pescadero series, which are not
found in either the proposed expansion area or the AVA.
T.D. ATF-166 included precipitation as a distinguishing feature of
the Clarksburg AVA, stating that the AVA receives an average of 16
inches of rain annually. The regions to the north and east were
described as having higher annual rainfall amounts, while the regions
to the south and west have lower annual amounts. T.D. ATF-166 also
briefly discussed temperature, noting that Sacramento, which is north
of the Clarksburg AVA, is generally 8 to 10 degrees warmer than the AVA
is in the summer. The proposed expansion petition includes information
about the average annual rainfall amounts of the Clarksburg AVA and the
surrounding regions, which suggest that the Clarksburg AVA receives
less rainfall annually than the surrounding regions. However, the
petition did not include annual average rainfall amounts from within
the proposed expansion area for comparison.
The expansion petition did provide more detailed information on
temperatures in the region than that included in T.D. ATF-166,
including information on the growing season mean, maximum, and minimum
temperatures from within the Clarksburg AVA and the proposed expansion
area. The data suggests that the climate of the proposed expansion area
is similar to that of the Clarksburg AVA.
T.D. ATF-166, which established the Clarksburg AVA, did not
consider topography to be a distinguishing feature of the Clarksburg
AVA, only noting that the ``lower terraces to the east'' of the AVA are
prone to flooding.\1\ However, the expansion petition includes
topographic information that suggests the proposed expansion area is
[[Page 13159]]
more topographically similar to the Clarksburg AVA than the surrounding
regions outside the AVA. Within the proposed expansion area, elevations
range from a lowest point of 10 feet below sea level to a highest point
of 5 feet above sea level. Within the current boundaries of the
Clarksburg AVA, elevations range from 10 feet below sea level to 10
feet above sea level. By comparison, elevations to the east and south
of the proposed expansion area are generally lower than within the
Clarksburg AVA and the proposed expansion area. The petition states
that the generally lower elevations in the surrounding regions mean
that the depths to water tables are appreciably shallower than within
the AVA and the proposed expansion area. As a result, functional root
zones are very shallow, and the potential for viticulture in the
surrounding regions is feasible but limited. Elevations within the
proposed expansion area and the Clarksburg AVA are similar to those of
the region to the west, in the Yolo Bypass, but that region to the west
was excluded from the AVA and the proposed expansion area due to the
frequency of flooding.
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\1\ 48 FR 2759.
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Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 198 in the Federal Register on November
10, 2020 (85 FR 71722), proposing to expand the Clarksburg AVA. In the
notice, TTB summarized the evidence from the petition regarding the
name, boundary, and distinguishing features for the proposed expansion
area. For a detailed description of the evidence relating to the name,
boundary, and distinguishing features of the proposed area, see Notice
No. 198.
The comment period for Notice No. 198 closed January 11, 2021. In
response to Notice No. 198, TTB received a total of two comments. One
comment was from the Board of Directors of the Suisun Valley Vintners
and Growers Association, which describes itself as the primary wine
grape grower association in Solano County. The Board expressed support
for the proposed expansion, noting that the Solano County portion of
the proposed expansion area is ``completely consistent in primary
attributes (saving for slight variances) of the existing Clarksburg
AVA'' and should be allowed to use the ``Clarksburg'' appellation
rather than the political appellation ``Solano County.'' Incorporating
the proposed expansion area into the Clarksburg AVA would lead to ``a
more complete understanding of the varied regions within Solano
County.'' The second comment, from a wine industry member in Lodi,
California, also expressed support for the proposed expansion.
TTB Determination
After careful review of the petition and the comments received in
response to Notice No. 198, TTB finds that the evidence provided by the
petitioner supports the expansion of the Clarksburg AVA. Accordingly,
under the authority of the FAA Act, section 1111(d) of the Homeland
Security Act of 2002, and parts 4 and 9 of the TTB regulations, TTB
modifies the boundaries of the AVA effective 30 days from the
publication date of this document.
Boundary Description
See the narrative description of the boundary modifications of the
Clarksburg AVA in the regulatory text published at the end of this
final rule.
Maps
The petitioners provided the required maps, and they are listed
below in the regulatory text. The modified Clarksburg AVA boundaries
may also be viewed 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 and Transition Period
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 with a
brand name that includes an AVA name, 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.
The expansion of the Clarksburg AVA boundary means that wines
produced mainly from grapes grown in the expansion area may be labeled
with ``Clarksburg'' as an appellation of origin. No other established
AVAs are affected by this expansion.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of an AVA
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 final 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 final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends 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. Section 9.95 is amended by adding paragraph (b)(9), revising
paragraphs (c)(4) and (5), redesignating paragraphs (c)(6) through (12)
as paragraphs (c)(7) through (13), and adding new paragraph(c)(6) to
read as follows:
Sec. 9.95 Clarksburg.
* * * * *
(b) * * *
(9) Rio Vista, Calif., 1978 (minor revision 1993).
(c) * * *
(4) Then south along Miner Slough to the point where it joins Cache
Slough.
(5) Then south along Cache Slough to the point where it joins the
Sacramento River.
(6) Then east, then generally northeasterly along the meandering
Sacramento River to the point where it
[[Page 13160]]
meets the Delta Cross Channel at the Southern Pacific Railroad.
* * * * *
Signed: March 2, 2022.
Mary G. Ryan,
Administrator.
Approved: March 2, 2022.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2022-05001 Filed 3-8-22; 8:45 am]
BILLING CODE 4810-31-P
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