Proposed Rule2023-06349
Proposed Establishment of the Comptche 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 29, 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 1,421.8-acre "Comptche" American viticultural area (AVA) in Mendocino County, California. The proposed AVA is located entirely within the boundaries of the existing North Coast AVA, but the petitioner requests excluding the proposed AVA from the North Coast AVA due to significant differences in distinguishing features. 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
<html>
<head>
<title>Federal Register, Volume 88 Issue 60 (Wednesday, March 29, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Proposed Rules]
[Pages 18481-18487]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06349]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2023-0003; Notice No. 222]
RIN 1513-AC77
Proposed Establishment of the Comptche Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the 1,421.8-acre ``Comptche'' American viticultural area
(AVA) in Mendocino County, California. The proposed AVA is located
entirely within the boundaries of the existing North Coast AVA, but the
petitioner requests excluding the proposed AVA from the North Coast AVA
due to significant differences in distinguishing features. 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.
DATES: TTB must receive your comments on or before May 30, 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-2023-0003 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
provisions pursuant to section 1111(d) of the Homeland Security Act of
2002, as codified at 6 U.S.C. 531(d). In addition, the Secretary of the
Treasury has delegated certain administrative and enforcement
authorities to TTB 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; and
<bullet> A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
If a smaller proposed AVA is to be established within an existing
AVA, the petitioner may request, and TTB may determine, that the
proposed AVA should not be part of the larger AVA because the proposed
AVA has features that clearly distinguish it from the
[[Page 18482]]
surrounding AVA. In such instances, wine produced from grapes grown
within the proposed AVA would not be entitled to use the name of the
larger AVA as an appellation of origin or in a brand name if the
proposed AVA is established.
Petition To Establish the Comptche AVA
TTB received a petition from Michael Nolan, submitted on behalf of
local vineyard owners, proposing to establish the ``Comptche'' AVA. The
proposed AVA is located in Mendocino County, California, and covers
1,421.8 acres. There are 3 commercial vineyards covering a total of
over 30 acres within the proposed AVA. Although there are no wineries
within the proposed AVA, grapes are sold to nearby wineries, including
Baxter, Phillips Hill, and Lula.
The distinguishing features of the proposed Comptche AVA are its
topography, soils, and climate. The proposed Comptche AVA is located
entirely within the boundaries of the existing North Coast AVA (27 CFR
9.30). However, the petition states that the features of the proposed
AVA are so distinguishable from those of the North Coast AVA that the
proposed AVA should not be included within it.
Proposed Comptche AVA
Name Evidence
The proposed Comptche AVA takes its name from the community of
Comptche, California, which is located within the proposed AVA. The
Comptche Volunteer Fire Department provides firefighting services for
the community. The Comptche Community Organization hosts a variety of
events for residents throughout the year, including bingo, senior
lunches, and an art show. Children within the proposed AVA attend the
Comptche School from kindergarten through fifth grade. The Comptche
Store sells food and supplies within the proposed AVA. Finally, the
Comptche Directory provides a list of addresses and phone numbers of
residents and businesses within the proposed AVA.
Boundary Evidence
The proposed Comptche AVA is located in Mendocino County,
California, in a valley surrounded by forests of coastal redwoods and
Douglas firs. The proposed northern, eastern, and western boundaries
follow the 400-foot elevation contour and separate the valley floor
from the higher, steeper, heavily-forested surrounding regions without
viticulture. The proposed southern boundary follows the Albion River,
which also separates the proposed AVA from the higher, heavily-forested
region to the south.
Distinguishing Features
According to the petition, the distinguishing features of the
proposed Comptche AVA are its topography, soils, and climate.
Topography
The proposed Comptche AVA is located in a low-elevation valley, a
natural opening that is surrounded by heavily forested lands and short,
steep ridges. Elevations within the proposed AVA range from 187 to 400
feet, and all vineyards are planted at elevations between 220 and 250
feet. According to the USGS map included with the petition, elevations
are higher in each direction outside of the proposed AVA. To the north
of the proposed AVA are several marked peaks with elevations of 1,000
feet or higher. To the east of the proposed AVA, elevations rise above
1,200 feet near the community of Cameron, California. South of the
proposed AVA, peaks reach over 600 feet near Morrison Gulch. West of
the proposed AVA, elevations rise over 800 feet.
The petition also notes that the proposed Comptche AVA is
surrounded by land designated as a Timberland Production Zone. Such
land is zoned only for the growing and harvesting of timber for a
period of at least 10 years from the time it was so designated.\1\ The
proposed AVA is unique because non-timber-related agricultural
activity, including viticulture, is permitted. The petition includes a
map showing the extent of the Timberland Production Zones in Mendocino
County.\2\ The map supports the petition's claim that the proposed
Comptche AVA is one of the few regions in the coastal section of
Mendocino County that is not set aside for timber production for at
least the near future.
---------------------------------------------------------------------------
\1\ <a href="http://Californialandcan.org/local-resources/Timberland-Production-Zone/28005">Californialandcan.org/local-resources/Timberland-Production-Zone/28005</a>.
\2\ You may view the Timber Production Zone map in Appendix 3 of
the petition as posted within Docket TTB-2023-0003 at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------
According to the petition, the topography of the proposed Comptche
AVA has an effect on viticulture. The petition states that above 400
feet the land becomes steeper. As a result, the higher elevations
surrounding the proposed AVA are less suited to viticulture than the
more level lands on the valley floor of the proposed AVA. The petition
also states that the 400-foot elevation contour approximates the change
to forest soils that are different from the soil series found within
the proposed AVA and are more suited for timber production than
viticulture.
Finally, the petition states that elevation affects temperatures.
As evidence, the petition included data on the monthly low temperatures
from a weather station in the proposed AVA at an elevation of 177 feet,
a station to the north of the proposed AVA at an elevation of 525 feet,
and a station to the south of the proposed AVA at an elevation of 1,168
feet.\3\ The petition noted that high temperatures are very similar in
the proposed AVA and on the ridgelines because the sun shines equally
on both in the day. Therefore, the petition focused on low, nighttime
temperatures, when cold air drains into the proposed AVA from the
surrounding higher elevations. Although the petition included data from
each month from 2017 through 2019, the petition states that the growing
season months are the important months to consider because the vines
are dormant the rest of the year. Therefore, the following table only
includes data from each growing season, defined in the petition as
April through October.\4\
---------------------------------------------------------------------------
\3\ Included in the petition as Table 1; see Docket TTB-2023-
0003 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
\4\ You may view the entire set of temperature data in Appendix
4 of the petition as posted within Docket TTB-2023-0003 at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
[[Page 18483]]
Table 1--Average Growing Season Monthly Low Temperatures in Degrees Fahrenheit From 2017-2019
----------------------------------------------------------------------------------------------------------------
Location (direction from proposed AVA)
-----------------------------------------------------
Month Comptche Huckleberry Hill Rancho Navarro
(within) (north) (south)
----------------------------------------------------------------------------------------------------------------
2017
----------------------------------------------------------------------------------------------------------------
April..................................................... 32.2 33.1 36.1
----------------------------------------------------------------------------------------------------------------
May....................................................... 35.7 38.1 41.9
June...................................................... N/A 42.3 45.1
July...................................................... 44.4 46.0 46.8
August.................................................... 44.7 47.5 48.6
September................................................. 35.8 41.2 46.8
October................................................... 27.8 39.2 43.3
----------------------------------------------------------------------------------------------------------------
2018
----------------------------------------------------------------------------------------------------------------
April..................................................... 32.7 33.6 36.3
----------------------------------------------------------------------------------------------------------------
May....................................................... 36.0 37.2 41.5
June...................................................... 37.1 38.7 44.2
July...................................................... 41.7 45.1 46.4
August.................................................... 43.1 46.2 48.6
September................................................. 36.9 42.6 47.8
October................................................... 31.0 37.4 41.7
----------------------------------------------------------------------------------------------------------------
2019
----------------------------------------------------------------------------------------------------------------
April..................................................... 34.1 39.0 41.4
----------------------------------------------------------------------------------------------------------------
May....................................................... 33.5 37.4 40.8
June...................................................... 37.8 41.0 N/A
July...................................................... 43.4 46.2 49.1
August.................................................... 46.6 50.4 51.1
September................................................. 35.9 40.6 42.6
October................................................... 26.0 31.3 42.8
----------------------------------------------------------------------------------------------------------------
The petition states that the low temperatures in the low elevations
of the proposed AVA place the proposed AVA at greater risk for frost
than the higher elevations. Frost during the growing season can harm
vines and delay the development of fruit. The cooler evening growing
season temperatures within the proposed AVA can also delay grape
maturation.
Soils
The petition states that the proposed Comptche AVA has two main
soil types--Bearwallow-Wolfey and Perrygulch Loam. According to the
petition, most of the vineyards in the proposed AVA are planted on
Bearwallow-Wolfey soils, which are described in the petition as well-
drained, shallow, and relatively infertile soils over fractured
sandstone. The USDA Soil Survey \5\ notes that these soils are
primarily used for livestock grazing, wine grape production, and
wildlife habitat. These soils are prone to erosion due to their
thinness and the fact that they frequently occur on slopes. Therefore,
mowing is the preferred method of controlling weeds in the vineyards
instead of tilling, which disturbs the soil. Additionally, vineyards
planted on these soils are at less of a risk for frost damage than
soils planted on the valley floor because cold air drains down the
slopes and settles on the valley floor.
---------------------------------------------------------------------------
\5\ Included in Appendix 2 of the petition, which is posted
within Docket TTB-2023-0003 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------
Perrygulch Loam is a deep, rich, bottomland soil series that is not
as well drained as Bearwallow-Wolfey soils. The soils also contain a
large amount of clay. Because these soils are primarily located on the
flat valley floor, they are more susceptible to frost than the
Bearwallow-Wolfey soils that occur on steeper slopes. The petition
states that the vineyard planted on Perrygulch Loam soils has an
overhead sprinkler system and catchment pond to help with frost
protection, while the vineyards planted on the Bearwallow-Wolfey soils
either have no frost protection equipment or occasionally use a simple
fan. Vineyards planted on Perrygulch soils also try to avoid soil
disturbance, not because the soils are easily eroded but because the
high clay content is easily compacted by heavy machinery. As a result,
the petition states that the preferred method of weed control in these
vineyards is the use of herbicides.
By contrast, the most common soils surrounding the proposed
Comptche AVA are Ornbaun and Zeni soils, which are found in each
direction outside the proposed AVA. These soils are described in the
USDA Soil Survey as occurring on hills and mountains. The soils are
moderately deep to deep and formed from sandstone, and the surface is
typically covered with a mat of leaves and twigs that is one-half inch
deep. The USDA Soil Survey notes that these soils are used for timber
production or as a watershed.
Climate
The petition to establish the proposed Comptche AVA included
climate data from within the proposed AVA and from three established
AVAs in Mendocino County: The Mendocino AVA (27 CFR 9.93), which forms
a ``V'' shape to the east and south of the proposed AVA, and the
Mendocino Ridge AVA (27 CFR 9.158) and Anderson Valley AVA (27 CFR
9.86),
[[Page 18484]]
which are both to the south of the proposed AVA.\6\ The following table
summarize the average growing season and average annual temperatures.
Data was not included for the regions to the north or west of the
proposed Comptche AVA.
---------------------------------------------------------------------------
\6\ Included as Table 2 in the petition, which is posted within
Docket TTB-2023-0003 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
\7\ Defined in the petition as the period from April through
October.
Table 2--Average Growing Season \7\ and Annual Temperatures
[Degrees fahrenheit]
------------------------------------------------------------------------
Average growing Average annual
Location season temperature temperature
------------------------------------------------------------------------
Proposed Comptche AVA....... 74.2 67.9
Mendocino AVA............... 80.4 71.0
Mendocino Ridge AVA......... 76.1 68.2
Anderson Valley AVA......... 78.2 70.1
------------------------------------------------------------------------
The petition also included data from three additional ways of
measuring the climate of a region. The first method is growing degree
days (GDDs), also known as the Winkler Index.\8\ The following table
summarizes the average annual GDD accumulations from the same locations
as used in the previous table.
---------------------------------------------------------------------------
\8\ See Albert J. Winkler et al., General Viticulture (Berkeley:
University of California Press, 2nd ed. 1974), pages 61-64. In the
Winkler climate classification system, annual heat accumulation
during the growing season, measured in annual 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.
Table 3--Average Annual GDD accumulations
------------------------------------------------------------------------
GDD
Location accumulations
------------------------------------------------------------------------
Proposed Comptche AVA................................... 2,258.85
Mendocino AVA........................................... 3,034.06
Mendocino Ridge AVA..................................... 2,680.08
Anderson Valley AVA..................................... 2,738.92
------------------------------------------------------------------------
The second system of measuring climate is the Huglin Index.
According to the petition, this method uses the period from April 1
through September 30 and sums the mean of the daily mean temperatures
above 10 degrees Celsius, multiplied by a coefficient indicative of the
latitude to account for increasing day lengths. The following table
summarizes the Huglin Index numbers for the same locations as used in
the previous table.
Table 4--Huglin Index
------------------------------------------------------------------------
Location Huglin Index
------------------------------------------------------------------------
Proposed Comptche AVA................................... 1,835.81
Mendocino AVA........................................... 2,399.82
Mendocino Ridge AVA..................................... 2,051.0
Anderson Valley AVA..................................... 2,185.79
------------------------------------------------------------------------
The final system of measuring climate is called Biologically
Effective Degree Days (BEDD). The BEDD method calculates the growing
degree days between April 1 and October 31 and also accounts for day
length and diurnal temperature range. The following table summarizes
the BEDD accumulations for the same locations as used in the previous
table.
Table 5--BEDD Accumulations
------------------------------------------------------------------------
BEDD
Location accumulations
------------------------------------------------------------------------
Proposed Comptche AVA................................... 1,395.05
Mendocino AVA........................................... 1,805.09
Mendocino Ridge AVA..................................... 1,543.05
Anderson Valley AVA..................................... 1,699.14
------------------------------------------------------------------------
The climate data included in the petition shows that the proposed
Comptche AVA has lower GDD and BEDD accumulations and a lower Huglin
Index number than the regions to the south and east, suggesting a
significantly cooler climate within the proposed AVA. The petition
states that the proposed AVA is a ``borderline'' region for growing
wine grapes, and that only the most cold-hardy varietals will
successfully ripen. Pinot Noir is the only grape varietal currently
grown commercially within the proposed Comptche AVA.
Summary of Distinguishing Features
The following table summarizes the characteristics of the proposed
Comptche AVA and the surrounding regions.
Table 6--Summary of Distinguishing Features
----------------------------------------------------------------------------------------------------------------
Location Topography Soils Climate
----------------------------------------------------------------------------------------------------------------
Proposed Comptche AVA........... Low elevation, Bearwallow-Wolfey and Average growing season
naturally-open valley; Perrygulch Loam; monthly low temperatures
elevations between 187 generally well- range from 26 to 46.6
and 400 feet; not drained, shallow, degrees F; 2,258.85 GDDs;
designated as a relatively fertile; Huglin Index 1,835.81;
Timberland Production prone to erosion. 1,495.05 BEDDs.
Zone.
North........................... Heavily forested; Ornbaun and Zeni; Average growing season
elevations reach 1,000 moderately deep and monthly low temperatures
feet and higher; typically covered with range from 31.3 to 50.4
designated as a mat of leaves and degrees F.
Timberland Production twigs.
Zone.
East............................ Elevations reach 1,200 Ornbaun and Zeni; Mendocino AVA: Average
feet and higher; moderately deep and growing season temperature
designated as typically covered with 80.4 degrees F, annual
Timberland Production a mat of leaves and temperature 71 degrees F;
Zone. twigs. 3,034.06 GDDs; Huglin Index
2,399.82; 1,805.09 BEDDs.
[[Page 18485]]
South........................... Elevations reach over Ornbaun and Zeni; Average growing season
600 feet; designated moderately deep and monthly low temperatures
as Timberland typically covered with range from 36.1 to 51.1
Production Zone. a mat of leaves and degrees F; in Mendocino
twigs. Ridge AVA: average growing
season temperature 76.1
degrees F, average annual
temperature 68.2 degrees F,
2,680.08 GDDs, Huglin Index
2,051, 1,543.05 BEDDs; in
Anderson Valley AVA:
average growing season 78.2
degrees F, average annual
temperature 70.1 degrees F,
2,738.92 GDDs, Huglin Index
2,185.79, 1,699.14 BEDDs.
West............................ Elevations rise over Ornbaun and Zeni; Not Available.
800 feet; designated moderately deep and
as Timberland typically covered with
Production Zone. a mat of leaves and
twigs.
----------------------------------------------------------------------------------------------------------------
Comparison of the Proposed Comptche 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). It includes
all or portions of Napa, Sonoma, Mendocino, Lake, Marin, and Solano
Counties, California. According to T.D. ATF-145, the North Coast AVA is
characterized by a marine-influenced climate that can be classified as
Regions I-III on the Winkler Index. T.D. ATF-145 did not include any
information on the soils of the North Coast AVA.
Comparison of Climate
Although the proposed Comptche AVA also has a marine-influenced
climate, the petition states that the climate and soils of the proposed
AVA are so different from the North Coast AVA that the proposed AVA
should not be considered a part of the larger AVA. The petition
describes the climate of the proposed AVA as suitable for growing only
the most cold-hardy wine grapes. The petition for the proposed Comptche
AVA included climate date from within the proposed AVA and from the
North Coast AVA, as a whole.\9\ The information is summarized in the
following table.
---------------------------------------------------------------------------
\9\ Included as Table 2 in the petition, which is posted within
Docket TTB-2023-0003 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------
Table 7--Climate Comparison of North Coast AVA and Proposed Comptche AVA
----------------------------------------------------------------------------------------------------------------
Average
growing Average
Location BEDDs GDDs Huglin season annual
Index temperature temperature
(degrees F) (degrees F)
----------------------------------------------------------------------------------------------------------------
Proposed Comptche AVA....................... 1,395.05 2,258.85 1,835.81 74.2 67.9
North Coast AVA............................. 1,798.84 3,080.43 2,342.98 79.6 71.4
----------------------------------------------------------------------------------------------------------------
The data in the table suggest that the climate of the proposed
Comptche AVA is cooler than that of the larger, multi-county North
Coast AVA as a whole. The GDD accumulations for the proposed AVA
indicate it is a Region I climate, whereas the North Coast AVA's GDD
accumulations indicate the AVA, as a whole, is a Region III
climate.\10\ T.D. ATF-145 notes that variations in climate exist within
the North Coast AVA due to its large size. However, the proposed
Comptche AVA is not just cooler than locations in other counties within
the North Coast AVA, but it is also cooler than its three closest
neighboring AVAs in Mendocino County--the Mendocino, Mendocino Ridge,
and Anderson Valley AVAs.\11\ Therefore, the petition lists climate as
one of the reasons to exclude the proposed Comptche AVA from the
established North Coast AVA.
---------------------------------------------------------------------------
\10\ See Albert J. Winkler et al., General Viticulture
(Berkeley: University of California Press, 2nd. ed. 1974), pages 61-
64. In the Winkler scale, the GDD regions are defined as follows:
Region I = less than 2,500 GDDs; Region II = 2,501-3,000 GDDs;
Region III = 3,001-3,500 GDDs; Region IV = 3,501-4,000 GDDs; Region
V = greater than 4,000 GDDs.
\11\ See Tables 3, 4, and 5 in the Climate section of this
proposed rule.
---------------------------------------------------------------------------
Comparison of Soil
T.D. ATF-145, which established the North Coast AVA, did not
include information about the AVA's soils. The proposed Comptche AVA
petition states that the primary soils in the proposed AVA are the
Bearwallow-Wolfey and Perrygulch Loam series. According to the
petition, these soil series have a limited extent in California: the
Bearwallow series covers a total of 30,050 acres, the Wolfey series
covers 4,709 acres, and the Perrygulch series covers 580 acres. By
comparison, the Zeni and Ornbaun series, which are the most prominent
soils in the regions directly outside the proposed AVA, cover 96,612
and 115,774 acres, respectively. T.D. ATF-145 notes that the entire
North Coast AVA covers slightly more than 3 million acres. The petition
states that the uniqueness of the primary soils of the proposed
Comptche AVA is another reason the proposed AVA should not be
considered a part of the North Coast AVA.
TTB Determination
TTB concludes that the petition to establish the 1,421.8-acre
``Comptche'' 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
Comptche 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>.
[[Page 18486]]
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, ``Comptche,'' 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 ``Comptche'' 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
``Comptche.''
If the proposed Comptche AVA is excluded from the established North
Coast AVA, grapes grown in the Comptche AVA would not count towards the
percentage requirement for wines labeled as ``North Coast.'' Vintners
would be able to use ``Comptche,'' and only that term, as an AVA
appellation of origin, if at least 85 percent of the wine is derived
from grapes grown in the Comptche AVA, and if the wine meets the other
eligibility requirements for the appellation. Alternatively, vintners
could use ``California'' or ``Mendocino County'' as non-AVA
appellations of origin.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether TTB should establish the proposed Comptche AVA. TTB is
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, and other required information submitted in support of
the AVA petition. In addition, because the proposed Comptche AVA would
not be considered part of the existing North Coast AVA, TTB is
interested in comments on whether the evidence submitted in the
petition regarding the distinguishing features of the proposed AVA
sufficiently demonstrate that its geographic features are so
distinguishable from the North Coast AVA that the proposed Comptche AVA
should not be part of the established AVA. Please provide any available
specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Comptche AVA on wine labels that include the term
``Comptche,'' as discussed in the Impact on Current Wine Labels
section, 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 proposal by using one of the
following methods:
<bullet> Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this document within Docket No. TTB-
2023-0003 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. 222 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 at the
top of the page.
<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
document. Your comments must reference Notice No. 222 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. We do not acknowledge receipt of comments, and we consider
all comments as originals.
Your comment must clearly state if you are commenting on your own
behalf or on behalf of an organization, business, or other entity. If
you are commenting on behalf of an organization, business, or other
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, 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 document, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2023-0003 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. 222. 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 instructions on how to use
<a href="http://Regulations.gov">Regulations.gov</a>, visit the site and click on the ``Help'' tab at the
top of the page.
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 it 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-
[[Page 18487]]
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
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
0
2. Add Sec. 9.__ to read as follows:
Sec. 9.__ Comptche.
(a) Name. The name of the viticultural area described in this
section is ``Comptche''. For purposes of part 4 of this chapter,
``Comptche'' is a term of viticultural significance.
(b) Approved maps. The one United States Geological Survey (USGS)
1:24,000 scale topographic map used to determine the boundary of the
viticultural area is titled Comptche, California (provisional edition
1991).
(c) Boundary. The Comptche viticultural area is located in
Mendocino County, California. The boundary of the Comptche viticultural
area is as described as follows:
(1) The beginning point is on the Comptche map at the intersection
of a north-south tributary of the Albion River and an unnamed improved
road known locally as Comptche Ukiah Road, section 12, T16N/R16W. From
the beginning point, proceed northwest in a straight line, crossing an
unnamed, unimproved road known locally as Surprise Valley Road, to the
400-foot elevation contour, section 12, T16N/R16W; then
(2) Proceed north, then easterly along the 400-foot elevation
contour to its intersection with an unnamed, unimproved road southeast
of the marked 517-foot peak in section 1, T16N/R16W; then
(3) Proceed southeasterly along the unnamed, unimproved road to its
intersection with an unnamed, unimproved road known locally as Surprise
Valley Road, section 1, T16N/R16W; then
(4) Proceed northeasterly along Surprise Valley Road to its
intersection with an unnamed, unimproved road known locally as North
Fork Road, section 1, T16N/R16 W; then
(5) Proceed northwesterly along North Fork Road to its intersection
with an unnamed, unimproved road known locally as Docker Hill Road in
section 36, T17N/R16W; then
(6) Proceed north along Docker Hill Road to its intersection with
the 400-foot elevation contour, section 36, T17N/R16W; then
(7) Proceed easterly along the 400-foot elevation contour to its
intersection with the North Fork of the Albion River in section 37,
T17N/R15W; then
(8) Continue in a generally southerly direction along the 400-foot
elevation contour to its intersection with an unnamed intermittent
creek in section 6, T16N/R15W; then
(9) Proceed south in a straight line to the 400-foot elevation
contour, section 6, T16N/R15W; then
(10) Proceed southeasterly, then north, then southeasterly along
the meandering 400-foot elevation contour to its intersection with the
Albion River in section 8, T16N/R15W; then
(11) Proceed westerly along the Albion River to its intersection
with a north-south tributary in section 12, T16N/R16W; then
(12) Proceed northeasterly along the tributary, returning to the
beginning point.
(d) Exclusion. The Comptche viticultural area as described in this
section is not included within the North Coast viticultural area as
described in Sec. 9.30.
Signed: March 17, 2023.
Mary G. Ryan,
Administrator.
Approved: March 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2023-06349 Filed 3-28-23; 8:45 am]
BILLING CODE 4810-31-P
</pre></body>
</html>Indexed from Federal Register on March 29, 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.