Proposed Rule2023-04190
Proposed Establishment of the Crystal Springs of Napa Valley Viticultural Area
Primary source
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Published
March 2, 2023
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 4,000-acre ``Crystal Springs of Napa Valley'' American viticultural area (AVA) in Napa County, California. The proposed AVA is located entirely within the existing North Coast AVA and also entirely within the Napa Valley AVA. 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 these proposals.
Full Text
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<title>Federal Register, Volume 88 Issue 41 (Thursday, March 2, 2023)</title>
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<body><pre>[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Proposed Rules]
[Pages 13072-13077]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04190]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2023-0002; Notice No. 221]
RIN 1513-AC78
Proposed Establishment of the Crystal Springs of Napa Valley
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 4,000-acre ``Crystal Springs of Napa
Valley'' American viticultural area (AVA) in Napa County, California.
The proposed AVA is located entirely within the existing North Coast
AVA and also entirely within the Napa Valley AVA. TTB designates
viticultural areas to
[[Page 13073]]
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 these proposals.
DATES: TTB must receive your comments on or before May 1, 2023.
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-2023-0002 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.
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, 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 petition TTB to establish a grape-growing region as an AVA.
Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards
for petitions to establish or modify 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 that affect 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 boundary;
<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;
<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; and
<bullet> A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Petition To Establish the Crystal Springs of Napa Valley AVA
TTB received a petition from Steven Burgess, president of Burgess
Cellars, Inc., proposing to establish the ``Crystal Springs of Napa
Valley'' AVA. Mr. Burgess submitted the petition on behalf of local
vineyard owners and winemakers. The proposed AVA is located in Napa
County, California, and is entirely within the existing North Coast AVA
(27 CFR 9.30) and also entirely within the existing Napa Valley AVA (27
CFR 9.23). Within the proposed AVA, there are approximately 30
commercial vineyards which cover a total of approximately 230 acres.
The distinguishing feature of the proposed Crystal Springs of Napa
Valley AVA is its topography.
Proposed Crystal Springs of Napa Valley AVA
Name Evidence
Although the region of the proposed Crystal Springs of Napa Valley
is typically referred to simply as ``Crystal Springs,'' the petitioner
added the phrase ``of Napa Valley'' to distinguish the proposed AVA
from the numerous locations in the United States that are also known as
``Crystal Springs.'' The proposed Crystal Springs of Napa Valley AVA
takes its name from the many hillside springs in the region. In the
1800's, the Crystal Springs Rural Health Retreat was built within the
proposed AVA as a sanitarium promoting various types of water
treatments. Today, a modern hospital sits on the former sanitarium
site. One of the buildings on the hospital campus is called Crystal
Springs Manor.\1\ The petition also included several additional
examples of current use of the term ``Crystal Springs'' within the
proposed AVA. For example, Crystal Springs Road and North Fork Crystal
Springs Road both run through the proposed AVA. A vineyard within the
proposed AVA is known as Crystal Springs Vineyard.\2\ An article about
biking in the region of the proposed AVA lists the ``Silverado-Howell
Mountain-Crystal Springs-Franz Valley-Ida Clayton'' route.\3\ A 2016
article in the Napa Valley Register about a conflict between residents
in the proposed AVA and the owner of a winery was titled, ``Crystal
Springs neighbors trying to stop Woodbridge's
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\1\ <a href="https://adventisthealth.org/documents/sthelena/SHH398ParkingMapDirections.pdf">https://adventisthealth.org/documents/sthelena/SHH398ParkingMapDirections.pdf</a>.
\2\ <a href="https://www.vascocellars.com/crystal-springs">https://www.vascocellars.com/crystal-springs</a>.
\3\ <a href="https://ridewithgps.com/routes/14490907">https://ridewithgps.com/routes/14490907</a>.
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[[Page 13074]]
winery project''.\4\ Finally, a real estate video for an estate in the
proposed AVA is titled ``North Crystal Springs Estate, Napa
Valley''.\5\
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\4\ <a href="https://napavalleyregister.com/community/star/news/local/business/crystal-springs-neighbors-trying-to-stop-woodbridges-winery-project/article_45268603-62c5-5ac8-b66e-ac96d837cea1.html">https://napavalleyregister.com/community/star/news/local/business/crystal-springs-neighbors-trying-to-stop-woodbridges-winery-project/article_45268603-62c5-5ac8-b66e-ac96d837cea1.html</a>.
\5\ <a href="https://www.youtube.com/watch?v=mWekW4t4Ypo">https://www.youtube.com/watch?v=mWekW4t4Ypo</a>.
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Boundary Evidence
The proposed Crystal Springs of Napa Valley AVA is located in the
northern portion of Napa County along a portion of the western face of
the Vaca Range. It borders the established Calistoga (27 CFR 9.209),
St. Helena (27 CFR 9.149), and Howell Mountain (27 CFR 9.94) AVAs, but
does not overlap them. The northern boundary of the proposed Crystal
Springs of Napa Valley primarily follows the 1,400-foot elevation
contour and separates the proposed AVA from the established Howell
Mountain AVA. The proposed eastern boundary follows a road known
locally as Old Howell Mountain Road, which separates the west-to-
southwest-facing slopes of the proposed AVA from slopes that have a
more easterly-to-northeasterly exposure. The proposed southern boundary
follows the 400-foot elevation contour to separate the proposed AVA
from the lower elevations of the valley floor and from the established
St. Helena AVA. The proposed western boundary primarily follows the
880-foot elevation contour and separates the proposed AVA from the
established Calistoga AVA.
The petition states that, because topography is the distinguishing
feature of the proposed AVA, the proposed Crystal Springs of Napa
Valley AVA would include all elevations within the aforementioned
boundary that are at or below 1,400 feet. The petition notes that there
is a small region in the southeastern portion of the proposed AVA along
Crestmont Drive where elevations exceed 1,400 feet. According to the
petition, although this region is within the physical boundaries of the
proposed AVA, it should not be considered part of the proposed AVA due
to its higher elevations, which are more similar to those of the
neighboring Howell Mountain AVA. The petition also states that this
region does not currently have any vineyards and is unlikely to have
any in the future because it is primarily a residential area with rocky
outcroppings that are unsuitable for commercial viticulture. Because
the petitioner was unable to draw a contiguous boundary that physically
excludes this region, the proposed regulatory text states that any
elevations above 1,400 feet within the boundary of the proposed AVA are
not considered to be part of the proposed AVA.
Distinguishing Feature
According to the petition, the distinguishing feature of the
proposed Crystal Springs of Napa Valley AVA is its topography. The
petition describes the proposed AVA as an ``all hillside'' region with
no flat areas along the western face of the Vaca Range. Slopes are
generally west-to-southwesterly facing, and slope angles range from 15
to 40 percent. Elevations in the proposed AVA range from 400 to 1,400
feet. According to the petition, the reason for limiting the proposed
AVA to this range of elevations is that the 400-foot contour generally
marks the transition point between the foothills of the Vaca Range and
the floor of the Napa Valley. Additionally, the 1,400-foot contour
along the northern boundary of the proposed AVA coincides with the
southern boundary of the established Howell Mountain AVA.
To the north of the proposed AVA, the elevations rise up to 2,200
feet within the established Howell Mountain AVA, according to T.D. ATF-
163, which established the AVA. The topography of the Howell Mountain
AVA contains hillsides, like the proposed Crystal Springs of Napa
Valley AVA, but also has a rolling, plateau-like feature at the summit.
The region to the east of the proposed AVA has elevation similar to
those of the proposed AVA, but the slopes have a more easterly-to-
northeasterly exposure. South and west of the proposed AVA are the
established St. Helena and Calistoga AVAs, which have lower elevations
and include the flat lands along the floor of the Napa Valley. The
petition describes slope angles within the established St. Helena AVA
as mostly less than 5 percent, while the established Calistoga AVA is
described as having ``a multitude of * * * slopes, from steep mountains
to benchlands to fans, to flat valley floors to riparian habitats.''
According to the petition, the topography of the proposed Crystal
Springs of Napa Valley AVA has a major effect on viticulture. For
instance, the western and southwestern aspects of the slopes within the
proposed AVA receive larger amounts of solar radiation than slopes with
northern or eastern aspects, allowing grapes to mature easily each
growing season. Additionally, the petition states that the soils within
the proposed AVA are shallower than the soils in the neighboring
valleys because natural weathering processes have moved the soils
downhill and into the valleys. However, the petition states that the
most significant effect of topography is on the climate of the proposed
AVA.
The petition states that the topography of the proposed AVA
contributes to a frost-free and reliable growing period for grapes
grown in the proposed AVA. First, the petition notes that cold air does
not remain on the hillsides of the proposed AVA. Instead, cold air
flows downhill and pools in the lower elevations of the floor of the
Napa Valley, including the neighboring St. Helena and Calistoga AVAs,
making frost more common in those regions. The petition states that due
to the threat of frost on the valley floor, vineyards within the
established Calistoga and Saint Helena AVAs require frost protection
measures such as orchard fans, heaters, sprinklers, or misters. By
contrast, vineyards in the proposed Crystal Springs of Napa Valley AVA
do not require frost protection.
Additionally, because elevations within the proposed AVA are below
1,400 feet, the region is not as susceptible to frost caused by
adiabatic cooling, also known as elevation cooling. According to the
petition, adiabatic cooling can lower temperatures by 3 to 6 degrees
per 1,000 feet of elevation. As a result, higher elevations such as the
adjacent Howell Mountain AVA are at a higher risk for damaging frosts.
In fact, the petition notes that the use of frost protection measures
in vineyards within the Howell Mountain AVA commonly continues into
June. By contrast, the proposed Crystal Springs of Napa Valley AVA does
not have frost concerns during the bud break period.
Summary of Distinguishing Features
The following table summarizes the topographical differences
between the proposed Crystal Springs of Napa Valley AVA and the
surrounding regions.
[[Page 13075]]
Topographic Features of Proposed AVA and Surrounding Regions
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Region Topographic features
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Proposed Crystal Springs of Napa Located on hillsides with no flat
Valley AVA. areas; elevations between 400 and
1,400 feet; west-to-southwest slope
aspects; slope angles between 15
and 40 percent.
Howell Mountain AVA (North)....... Elevations between 1,400 and 2,200
feet; rolling, plateau-like
topography at summit.
St. Helena and Calistoga AVAs Both AVAs include elevations below
(South and West). 400 feet along the floor of the
Napa Valley; slope angles in St.
Helena AVA are mostly less than 5
degrees; Calistoga AVA has a
variety of slope angles, including
flat valley floors.
East.............................. Similar elevations to proposed AVA,
but slopes have easterly-to-
northeasterly slope aspects.
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Comparison of the Proposed Crystal Springs of Napa Valley AVA to the
Existing North Coast AVA
The North Coast AVA was established by T.D. ATF-145, published in
the Federal Register on September 21, 1983 (48 FR 42973). The primary
distinguishing feature of the North Coast AVA is its climate, which is
``influenced by intrusions of cooler, damper marine air and fog.'' The
North Coast AVA includes four Winkler Regions of cumulative heat units:
Regions I through IV.\6\ T.D. ATF-145 describes the topography of the
North Coast AVA as ``flat valleys and tillable hillsides surrounded by
mountains.'' According to the proposed Crystal Springs of Napa Valley
petition, elevations within the North Coast AVA range from sea level to
over 4,000 feet.
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\6\ See Albert J. Winkler, General Viticulture (Berkeley:
University of California Press, 1974), pages 61-64. In the Winkler
climate classification system, annual heat accumulation during the
growing season, measured in annual Growing Degree Days (GDDs),
defines climatic regions. One GDD accumulates for each degree
Fahrenheit that a day's mean temperature is above 50 degrees F, the
minimum temperature required for grapevine growth. The Winkler scale
regions are as follows: Region Ia: 1,500-2,000 GDDs; Region Ib:
2,000-2,500 GDDs; Region II: 2,500-3,000 GDDs; Region III: 3,000-
3,500 GDDs; Region IV: 3,500-4,000 GDDs; Region V: 4,000-4,900 GDDs.
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The proposed Crystal Springs of Napa Valley AVA shares some of the
general viticultural features of the larger North Coast AVA. For
instance, the proposed AVA has a topography of hillsides, similar to
other regions within the North Coast AVA. The proposed AVA has a
marine-influenced climate that is classified as low Region IV, which is
within the range of the North Coast AVA. However, due to its much
smaller size, the proposed AVA lacks the variety of topographic
features and climate regions of the larger, multi-county North Coast
AVA. For example, the proposed AVA is a hillside-only region and lacks
the flat valleys that are found within the North Coast AVA.
Additionally, the proposed AVA lacks the cooler Winkler regions found
elsewhere in the North Coast AVA.
Comparison of the Proposed Crystal Springs of Napa Valley AVA to the
Existing Napa Valley AVA
The Napa Valley AVA was established by T.D. ATF-79, published in
the Federal Register on January 28, 1981 (46 FR 9061). According to the
proposed Crystal Springs of Napa Valley AVA petition, the established
Napa Valley AVA is a geographically diverse region which includes
alluvial fans, riparian habitat, hillsides, and high mountains.
Elevations range from below 400 feet to over 4,000 feet within the Napa
Valley AVA. The established AVA also has a marine-influenced climate
that includes three Winkler Regions: Regions II, III, and IV.
The proposed Crystal Springs of Napa Valley AVA shares some of the
general viticultural features of the Napa Valley AVA. For instance, the
proposed AVA also has a marine-influenced climate and hillside
topography. However, due to its smaller size, the proposed AVA has a
more uniform topography, lacking the alluvial fans, riparian habitats,
and high mountain peaks of the larger Napa Valley AVA. Additionally,
the proposed AVA lacks the cooler Winkler Regions II and III.
TTB Determination
TTB concludes that the petition to establish the approximately
4,000-acre ``Crystal Springs of Napa Valley'' AVA merits consideration
and public comment, as invited in this document.
Boundary Description
See the narrative boundary descriptions of the petitioned-for AVA
in the proposed regulatory text published at the end of this document.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text. You may also view the proposed
Crystal Springs of Napa Valley 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 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 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 27 CFR 4.39(i)(2) for details.
If TTB establishes this proposed AVA, its name, ``Crystal Springs
of Napa Valley,'' 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 ``Crystal Springs of Napa Valley'' 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 viticultural area's name ``Crystal Springs of Napa
Valley.'' TTB is not proposing to make ``Crystal Springs,'' standing
alone, a term of viticultural significance due to the number of
locations in the United States and elsewhere that are known as
``Crystal Springs.''
The approval of the proposed Crystal Springs of Napa Valley AVA
would not affect any existing AVA, and any bottlers using ``North
Coast'' or ``Napa Valley'' as appellations of origin or in a brand name
for wines made from grapes grown within the Crystal Springs of Napa
Valley AVA would not be affected by the establishment of this new AVA.
[[Page 13076]]
If approved, the establishment of the proposed Crystal Springs of Napa
Valley AVA would allow vintners to use ``Crystal Springs of Napa
Valley,'' ``North Coast,'' or ``Napa Valley'' as appellations of origin
for wines made from grapes grown within the proposed AVA, if the wines
meet the eligibility requirements for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether TTB should establish the proposed Crystal Springs of Napa
Valley AVA. TTB is interested in receiving comments on the sufficiency
and accuracy of the name, boundary, topography, and other information
submitted in support of the AVA petition. In addition, because the
proposed Crystal Springs of Napa Valley AVA would be within the
existing North Coast and Napa Valley AVAs, 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 AVAs. TTB is also interested in
comments on whether the geographic features of the proposed AVA are so
distinguishable from one or both of the established AVAs that the
proposed Crystal Springs of Napa Valley AVA should not be part of
either established AVA. Please provide any available specific
information in support of your comments.
Because of the potential impact of the establishment of the
proposed Crystal Springs of Napa Valley AVA on wine labels that include
the term ``Crystal Springs of Napa Valley'' 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 area names 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 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 proposed 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-2023-
0002 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. 221 on the TTB website at <a href="https://www.ttb.gov/wine/wine-rulemaking.shtml">https://www.ttb.gov/wine/wine-rulemaking.shtml</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. 221 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 and Disclosure of Comments
All submitted comments and attachments are part of the rulemaking
record and are subject to public disclosure. Do not enclose any
material in your comments that you consider confidential or that is
inappropriate for disclosure.
TTB will post, and you may view, copies of this document, the
related petition and selected supporting materials, and any comments
TTB receives about this proposal within the related <a href="http://Regulations.gov">Regulations.gov</a>
docket. In general, TTB will post comments as submitted, and it will
not redact any identifying or contact information from the body of a
comment or attachment.
Please contact TTB's Regulations and Rulings division by email
using the web form available at <a href="https://www.ttb.gov/contact-rrd">https://www.ttb.gov/contact-rrd</a>, or by
telephone at 202-453-2265, if you have any questions about commenting
on this proposal or to request copies of this document, the related
petition and its supporting materials, or any comments received.
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
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866. Therefore, it requires no regulatory
assessment.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose 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
2. Add Sec. 9._to subpart C to read as follows:
Sec. 9._ Crystal Springs of Napa Valley.
(a) Name. The name of the viticultural area described in this
section is ``Crystal Springs of Napa Valley''. For purposes of part 4
of this chapter, ``Crystal Springs of Napa Valley'' is a term of
viticultural significance.
(b) Approved maps. The two United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
viticultural area are titled:
(1) Saint Helena, CA, 2015; and
(2) Calistoga, CA, 2015.
(c) Boundary. The Crystal Springs of Napa Valley viticultural area
is located
[[Page 13077]]
in Napa County, California. Within the boundary description that
follows, the viticultural area encompasses all areas at or below 1,400
feet. The boundary of the Crystal Springs of Napa Valley viticultural
area is as described as follows:
(1) The beginning point is on the Saint Helena map at the
intersection of Howell Mountain Road and White Cottage Road. From the
beginning point, proceed southeasterly along Howell Mountain Road to
its intersection with the 400-foot elevation contour near Big Rock
Road; then
(2) Proceed northwesterly along the 400-foot elevation contour to
its intersection with an unnamed road (an extension of a road known
locally as the North Fork of Crystal Springs Road); then
(3) Proceed northerly along the unimproved dirt road approximately
2,700 feet to its intersection with the 880-foot elevation contour;
then
(4) Proceed northwesterly along the meandering 880-foot elevation
contour, crossing onto the Calistoga map, and continuing along the
elevation contour to its intersection with Biter Creek; then
(5) Proceed northerly (upstream) along Biter Creek to its
intersection with the 1,400-foot elevation contour; then
(6) Proceed southeasterly along the meandering 1,400-foot elevation
contour, crossing onto the Saint Helena map, to the intersection of the
elevation contour with White Cottage Road; then
(7) Proceed easterly along White Cottage Road for approximately 130
feet, returning to the beginning point.
Signed: February 22, 2023.
Mary G. Ryan,
Administrator.
Approved: February 23, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2023-04190 Filed 3-1-23; 8:45 am]
BILLING CODE 4810-31-P
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</html>Indexed from Federal Register on March 2, 2023.
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.