Rule2023-18588
Establishment of the Winters Highlands 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
August 29, 2023
Effective
September 28, 2023
Issuing agencies
Treasury DepartmentAlcohol and Tobacco Tax and Trade Bureau
Abstract
The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 7,296-acre "Winters Highlands" viticultural area in portions of Solano and Yolo Counties in California. The Winters Highlands viticultural area is 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
<html>
<head>
<title>Federal Register, Volume 88 Issue 166 (Tuesday, August 29, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Rules and Regulations]
[Pages 59446-59449]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18588]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2022-0013; T.D. TTB-189; Ref: Notice No. 218]
RIN 1513-AC91
Establishment of the Winters Highlands Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes
the approximately 7,296-acre ``Winters Highlands'' viticultural area in
portions of Solano and Yolo Counties in California. The Winters
Highlands viticultural area is 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 September 28, 2023.
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). 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
[[Page 59447]]
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 a name and a delineated boundary, as
established in part 9 of the regulations. These designations allow
vintners and consumers to attribute a given quality, reputation, or
other characteristic of a wine made from grapes grown in an area to the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA is neither an approval nor an endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
standards for petitions for the establishment or modification of AVAs.
Petitions to establish an AVA must include the following:
<bullet> Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
<bullet> An explanation of the basis for defining the boundary of
the proposed AVA;
<bullet> A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA 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.
Petition To Establish the Winters Highlands AVA
TTB received a petition on behalf of Berryessa Gap Vineyards
proposing the establishment of the ``Winters Highlands'' AVA in
portions of Solano and Yolo counties in California. The proposed
Winters Highlands AVA covers approximately 7,296 acres and is not
located within any other AVA. There are planted vineyards covering
approximately 134 acres within the proposed AVA, as well as three
wineries. According to the petition, an additional 60 acres of
vineyards are planned for planting in the next few years. According to
the petition, the distinguishing features of the proposed Winters
Highlands AVA are its climate, specifically, its temperature,
precipitation, and relative air humidity, and its soils.
According to the petition, the proposed AVA is located on the
eastern side of the Coast Ranges, which provide shelter from most of
the cool air blowing eastward from the Pacific Ocean. However, the
Berryessa Gap, a break in the Coast Ranges where Putah Creek flows into
the manmade Lake Berryessa, does allow some cool air from the Pacific
Ocean directly into the proposed AVA, particularly in the evenings. The
petition states that, as a result, the proposed AVA tends to have
cooler evenings than the more inland regions to the north. The petition
also says that the proposed AVA has more growing degree days \1\ (GDDs)
than surrounding areas and a wide difference between daily minimum and
maximum temperatures. This set of conditions promotes the growth of
Mediterranean-type grapes.
---------------------------------------------------------------------------
\1\ Heat summation is calculated as the sum of the mean monthly
temperature above 50 degrees Fahrenheit (F) during the growing
season from April 1 to October 31 and is expressed as growing degree
days (GDDs). A baseline of 50 degrees F is used because there is
almost no shoot growth below this temperature. See Albert J. Winkler
et al., General Viticulture (Berkeley: University of California
Press, 2nd ed. 1974), pages 67-71.
---------------------------------------------------------------------------
The GDD data indicates that the proposed Winters Highlands AVA has
higher average GDD accumulations than all surrounding regions except
those to the northeast. The proposed AVA has a greater average monthly
maximum temperature than all the other regions, except the Woodlands
region to the northeast from May to September, when temperature
differences are most pronounced. From March to September, the average
monthly minimum temperature of the proposed AVA is similar to locations
east and northeast of the proposed AVA and higher than temperatures in
the other surrounding locations. The petition includes frost-free data
that indicates the proposed AVA has more frost-free days than any of
the other locations except the region east of the proposed AVA.
According to the petition, frost-free days are the criterion that
determines the length of the growing season for wine grape production
regions, since spring frost can damage the newly emerged shoots and
fall frost can lead to berry damage and aging of the leaves, or leaf
senescence. Precipitation amounts in the proposed AVA were similar to
amounts in the region southeast of the proposed AVA; greater than the
amounts in the regions to the southwest, east, and northeast; and lower
than the amounts to the west during winter. Precipitation amounts
greatly affect the level of water retained in the soil and decisions
about vineyard irrigation during the growing season. Data for average
relative air humidity suggests the proposed Winters Highlands AVA has
lower humidity than all the surrounding regions throughout the year,
except during October and November, when the humidity rises slightly
and becomes similar to that of the region northeast of the proposed
AVA. Air humidity during the growing season profoundly influences pest
and disease control in the vineyards.
The proposed Winters Highlands AVA contains soils that are
dominated by fine clay or loamy alfisols and inceptisols with gentle to
steep slopes and a mean annual soil temperature between 15 to 22
degrees C. The petition also describes the soils as warm and somewhat
dry in the summer and cool and wet in the winter. The soils within the
proposed AVA are mostly well or moderately well drained, which is
critical for root growth and respiration. The petition also states that
soils within the proposed AVA generally have a lower soil pH than those
to the east. A higher soil pH could affect the availability of soil
nutrients.
The petition states that soils found in the northeastern portion of
the proposed AVA are very deep and derived from mixed sources on the
alluvial fan, while soils found on the western and southeastern
portions are relatively shallow and formed on the terraces from
sedimentary rocks. North and south of the proposed AVA, the soils have
a similar profile to those of the proposed AVA. However, according to
the petition, soils with poor or somewhat poor drainage are more
prevalent in the region to the north of the proposed AVA, while soils
derived from sedimentary rocks, rather than alluvium, are more common
in the region to the south. The regions east and
[[Page 59448]]
southeast of the proposed AVA are dominated by soils formed from the
alluvium of mixed sources. To the southwest of the proposed AVA, soils
are mainly loamy or clay mollisols, vertisols, ultisols and alfisols on
alluvial fans and terraces.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 218 in the Federal Register on November
28, 2022 (87 FR 72932), proposing to establish the Winters Highlands
AVA. In the notice, TTB summarized the evidence from the petition
regarding the name, boundary, and distinguishing features of the
proposed AVA. The notice also compared the distinguishing features of
the proposed AVA to the surrounding areas. For a detailed description
of the evidence relating to the name, boundary, and distinguishing
features of the proposed AVA and for a detailed comparison of the
distinguishing features of the proposed AVA to the surrounding areas,
see Notice No. 218. In Notice No. 218, TTB solicited comments on the
sufficiency and accuracy of the name, boundary, and other required
information submitted in support of the petition. The comment period
closed on January 27, 2023.
In response to Notice No. 218, TTB received one comment. The
commenter expressed their full support for the AVA, but also stated
that the proposed AVA should be expanded to the west to incorporate
additional area. They stated that they have 2 ranches in the area that
they plan for future vineyards and would like the AVA to include their
planned vineyards that border the proposed area. The commenter did not
provide additional information regarding how the name, climate, and
soil evidence might apply to the expansion area.
TTB Determination
After careful review of the petition and the comment received in
response to Notice No. 218, TTB finds that the evidence provided by the
petitioner supports establishing the Winters Highlands AVA as proposed.
TTB is not expanding the boundary of the AVA as suggested by the
comment due to a lack of information to support such a change.
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 establishes the ``Winters Highlands'' AVA in Solano
and Yolo Counties, California, effective 30 days from the publication
date of this document.
Boundary Description
See the narrative description of the boundary of the Winters
Highlands AVA in the regulatory text published at the end of this final
rule.
Maps
The petitioner provided the required maps, and they are listed
below in the regulatory text. The Winters Highlands AVA boundary 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
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.
With the establishment of the Winters Highlands AVA, its name,
``Winters Highlands,'' 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 regulations clarifies this point.
Consequently, wine bottlers using the name ``Winters Highlands'' in a
brand name, including a trademark, or in another label reference as to
the origin of the wine, will have to ensure that the product is
eligible to use the AVA name as an appellation of origin.
Establishing the Winters Highlands AVA will not affect any existing
AVA. Establishing the Winters Highlands AVA will allow vintners to use
``Winters Highlands'' as an appellation of origin for wines made
primarily from grapes grown within the Winters Highlands AVA if the
wines meet the eligibility requirements for the appellation.
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
Vonzella C. Johnson 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. Add Sec. 9.290 to read as follows:
Sec. 9.290 Winters Highlands.
(a) Name. The name of the viticultural area described in this
section is ``Winters Highlands.'' For purposes of part 4 of this
chapter, ``Winters Highlands'' is a term of viticultural significance.
(b) Approved maps. The four United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Winters Highlands viticultural area are:
(1) Winters, CA, 2018;
(2) Allendale, CA, 2018;
(3) Mount Vaca, CA, 2018; and
(4) Monticello Dam, CA, 2018.
(c) Boundary. The Winters Highlands viticultural area is located in
portions of Solano and Yolo Counties, California. The boundary of the
Winters Highlands viticultural area is as follows:
(1) The boundary begins on the Winters map at the intersection of
Putah
[[Page 59449]]
Creek Road and Wintu Way. From the beginning point, proceed
southeasterly along Wintu Way, crossing onto the Allendale map, to the
terminus of Wintu Way; then
(2) Proceed south-southwest in a straight line for 1.05 miles to
the eastern terminus of Morse Lane; then
(3) Proceed westerly along Morse Lane to its intersection with
Olive School Lane; then
(4) Proceed north-northwest in a straight line for 2.52 miles,
crossing over the northeastern corner of the Mount Vaca map and onto
the Monticello Dam map, to the line's intersection with Highway 128,
approximately 2.78 miles west of the intersection of Highway 128 and
County Road 89; then
(5) Proceed north in a straight line to the intersection of the
line with the Chickahominy Slough; then
(6) Proceed east-southeast along the Chickahominy Slough, crossing
onto the Winters map, to its intersection with the 170-foot elevation
contour; then
(7) Proceed south-southeasterly along the 170-foot elevation
contour to its intersection with the Winters Canal; then
(8) Proceed south along the Winters Canal to its intersection with
the terminus of an unnamed local road; then
(9) Proceed due west in a straight line to the 200-foot elevation
contour; then
(10) Proceed south in a straight line to the northern terminus of
County Road 88; then
(11) Proceed south along County Road 88 to its southern terminus
and continue south in a straight line to Valley Oak Drive; then
(12) Proceed southerly along Valley Oak Drive to its intersection
with Highway 128; then
(13) Proceed southeasterly in a straight line for 1.04 miles,
returning to the beginning point.
Signed: August 21, 2023.
Mary G. Ryan,
Administrator.
Approved: August 22, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2023-18588 Filed 8-28-23; 8:45 am]
BILLING CODE 4810-31-P
</pre></body>
</html>Indexed from Federal Register on August 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.