[Federal Register: October 30, 2003 (Volume 68, Number 210)]
[Proposed Rules]
[Page 61776-61779]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc03-25]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 20]
RIN 1513-AA69
Proposed Establishment of the Salado Creek Viticultural Area
(2003R-025P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
establish the Salado Creek viticultural area in western Stanislaus
County, California. Located near the town of Patterson, the proposed
viticultural area covers 2,940 acres, with 44 acres currently planted
to grapes. We propose this action under the authority of the Federal
Alcohol Administration Act. We invite comments on this proposal,
particularly from bottlers who use brand names similar to that of the
proposed area.
DATES: We must receive written comments on or before December 29, 2003.
ADDRESSES: You may send comments to any of the following addresses:
[sbull] Chief, Regulations and Procedures Division, Alcohol and Tobacco
Tax and Trade Bureau, P.O. Box 50221, Washington, DC 20091-0221 (Attn:
Notice No. 20);
[sbull] 202-927-8525 (facsimile);[sbull] nprm@ttb.gov (e-mail); or
[sbull] http://www.ttb.gov (An online comment form is posted with this
notice on our Web site.)
You may view copies of this notice and any comments received at
http://www.ttb.gov/alcohol/rules/index.htm or by appointment at our
reference library, 1310 G Street, NW., Washington, DC 20005; telephone
202-927-8210 for an appointment. You may also access copies of the
notice and comments on our Web site at http://www.ttb.gov/alcohol/rules/index.htm
.
See the Public Participation section of this notice for specific
instructions and requirements, and for information on how to request a
public hearing.
FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Specialist, Regulations
and Procedures Division (Oregon), Alcohol and Tobacco Tax and Trade
Bureau, 946 Northwest Circle Blvd., 286, Corvallis, OR 97330;
telephone 415-271-1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
The Federal Alcohol Administration Act (FAA Act) at 27 U.S.C.
205(e) requires that alcohol beverage labels provide the consumer with
adequate information regarding a product's identity, while prohibiting
the use of misleading information on such labels. The FAA Act also
authorizes the Secretary of the Treasury to issue regulations to carry
out its provisions, and the Secretary has delegated this authority to
the Alcohol and Tobacco Tax and Trade Bureau (TTB).
Regulations in 27 CFR Part 4, Labeling and Advertising of Wine,
allow the establishment of definitive viticultural areas and the use of
their names as appellations of origin on wine labels and in wine
advertisements. Title 27 CFR Part 9, American Viticultural Areas,
contains the list of approved viticultural areas.
Definition
Title 27 CFR 4.25(e)(1) defines an American viticultural area as a
delimited grape-growing region distinguishable by geographic features
whose boundary has been delineated in subpart C of part 9. These
designations allow consumers and vintners to attribute a given quality,
reputation, or other characteristic of the wine made from grapes grown
in an area to its geographic origin. We believe that the establishment
of viticultural areas allows wineries to describe more accurately the
origin of their wines to consumers and helps consumers identify the
wines they purchase. Establishment of a viticultural area is neither an
approval nor endorsement by TTB of the wine produced there.
Requirements to Establish a Viticultural Area
Section 4.25(e)(2) outlines the procedure for proposing an American
viticultural area. Anyone interested may petition TTB to establish a
grape-growing region as a viticultural area. The petition must
include--
[sbull] Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
[sbull] Historical or current evidence that the boundaries of the
proposed viticultural area are as specified in the petition;
[sbull] Evidence that the proposed area's growing conditions, such
as climate, soils, elevation, physical features, etc., distinguish it
from surrounding areas;
[sbull] A description of the proposed viticultural area's specific
boundaries, based on features found on maps approved by the United
States Geological Survey (USGS); and
[sbull] A copy of the appropriate USGS-approved map(s) with the
boundaries prominently marked.
Impact on Current Wine Labels
As appellations of origin, viticultural area names have geographic
significance. Our 27 CFR part 4 label regulations prohibit the use of a
brand name with geographic significance on a wine unless the wine meets
the appellation of origin requirements for the named area. Our
regulations also prohibit any other label references that suggest an
origin other than the true place of origin of the wine.
If we establish this proposed viticultural area, bottlers who use
brand names, including trademarks, like Salado Creek must ensure that
their existing products are eligible to use the viticultural area's
name as an appellation of origin. For a wine to be eligible, at least
85 percent of the grapes in the wine must have been grown within the
viticultural area, and the wine must meet the other requirements of 27
CFR 4.25(e)(3).
If the wine is not eligible for the appellation, the bottler must
change the brand name or other label reference and obtain approval of a
new label. Different rules apply to a wine in this category bearing a
brand name that was used on a label approved prior to July 7, 1986. See
27 CFR 4.39(i) for details.
Salado Creek Petition
TTB has received a petition filed on behalf of Mr. Fred Vogel of
the Sunflower Ranch Company in Patterson, California, proposing the
establishment of the ``Salado Creek'' viticultural area in Stanislaus
County, California. The proposed 2,940-acre area is located about 75
miles east-southeast of San Francisco and 18 miles southwest of Modesto
in a rural area of central, interior California. The proposed area is
located along Interstate 5 on the western edge of the San Joaquin
Valley, just southwest of the town of Patterson. The Diablo Mountains
rise to the west of the proposed area and shield it from the Pacific
Ocean's marine influence. Salado Creek flows from the mountains through
the area, while Little Salado Creek touches its southern tip.
Name Evidence
According to the petition, Spanish explorer Gabriel Moraga named
Salado Creek. Moraga, a Spanish army officer, explored the San Joaquin
Valley during his 1806-1811 expeditions to the San Joaquin Valley and
named many of its
[[Page 61777]]
geographic features including the San Joaquin River. Many of those
names remain in use today. The names ``Salado'' and ``Salado Creek,''
for example, are attached to a variety of features and places, both
natural and man-made.
As shown on the two official United States Geological Survey (USGS)
maps that cover the proposed viticultural area, the Patterson and Crows
Landing quadrangles, Salado Creek is an intermittent stream that flows
east from the higher elevations of the Diablo Mountains. After passing
under Interstate 5, Salado Creek turns and flows north through the
proposed viticultural area. After leaving the proposed area, the creek
runs west and north of Patterson.
The Patterson quadrangle map shows Little Salado Creek running east
from the Diablo Mountains to the southern tip of the proposed
viticultural area, where Interstate 5 and the California Aqueduct
interrupt its natural channel. On the Crows Landing map, the creek is
shown to resume southeast of the proposed area where it runs northeast
from the Delta-Mendota Canal. The Salado Sub-Station is shown beside
the California Aqueduct within the proposed area's boundaries.
The petition also notes that the Salado Creek Ranch, known for its
walnuts, is within the proposed boundary area. It adds that Salado
Avenue in Patterson is a major street that passes the town's post
office, its branch library, a new school, and the city council's
chambers. The petition also states that the local irrigation district
was previously known as the Salado Irrigation District.
The petition explains that Salado Creek is best known to local
residents for its floods. ``Salado Creek History,'' an article
published in ``The Gateway: A Patterson Township History Society
Bulletin'' in December 1996, discusses the creek's significant floods.
As noted in the article, the March 4, 1938, edition of the local
Patterson Irrigator newspaper states that Salado Creek spilled over its
banks and onto State Highway 33 on Patterson's east side. The article
adds that a flood in November of 1938 spilled into a local nursery.
Boundary Evidence
The petitioner explains that water from Salado Creek and Little
Salado Creek has deposited large quantities of sediment on the flood
plain and formed an alluvial fan. Further, these sediments are the
parent material for the Ensalado soil series, which the petition states
are unique to western Stanislaus County. The petitioner emphasizes that
the proposed Salado Creek viticultural area boundaries, which are on
this alluvial fan, generally coincide with the extent of the Ensalado
soil series.
Growing Conditions
Topography
The proposed Salado Creek viticultural area lies on the western
side of the San Joaquin Valley at the foot of the Diablo Mountains,
which are part of California's Coast Range. The proposed area, which is
between 125 and 340 feet above sea level as noted on the USGS maps, is
generally flat, with a gentle downward slope to the northeast towards
the San Joaquin River. A number of man-made canals, ditches, and drains
cross the proposed viticultural area. The California Aqueduct and the
Delta-Mendota Canal, for example, flow from the northwest to the
southeast across the proposed Salado Creek viticultural area.
Salado Creek is the major natural watercourse in the proposed
viticultural area. An intermittent stream, it begins in the Diablo
Mountain Range to the area's west and runs east in its natural channel
from the mountains to the California Aqueduct. After crossing the
Aqueduct at the foot of the Diablos, the creek flows north and then
northeasterly across the gently sloping floor of the San Joaquin
Valley. After crossing the Delta-Mendota Canal in a flume, it enters a
man-made channel that carries it north out of the proposed viticultural
area and then east around the heart of Patterson. According to the
petition, Salado Creek then enters large drainpipes at State Route 33,
which take its water to the San Joaquin River.
Another intermittent stream, Little Salado Creek, starts in the
Diablo range south of Salado Creek. It meanders east in its natural
channel to the southern tip of the proposed boundary area at Interstate
5 and Fink Road. The creek then enters a series of man-made drains and
channels as it flows northeast across the valley floor outside of the
proposed area south of Patterson.
The petition states that the proposed area covers the upper portion
and back slope of the alluvial fan created by Salado and Little Salado
Creeks. The two creeks created the fan as they left the steep slopes of
the Diablo Mountains and their flow velocity diminished as they entered
the much gentler slopes of the San Joaquin Valley. This drop in
velocity allowed the coarser, heavier sediments to settle out and
formed the creeks' alluvial fan at the foot of the Diablos. The two
streams carried finer, lighter sediments further downstream to the
flood plain of the San Joaquin River. The coarser, heavier sediments of
the alluvial fan became the parent material for the Ensalado soils
found in the proposed viticultural area.
Soils
The Ensalado series soils, formerly known as the Salado series, are
unique to west Stanislaus County, California, according to a 2001
publication by soil scientist, vineyard consultant, and Salado Creek
petition author Stan Grant. He further notes that this soil series
occurs only along three streams in the area, Salado, Orestimba, and Del
Puerto Creeks, and accounts for only 0.17 percent of the soils covering
western Stanislaus County. Grant notes in the petition that because of
their lower flow velocity, Salado Creek and Little Salado Creek dropped
large quantities of sediment immediately after leaving the Diablo
Mountains. This produced the large alluvial fan upon which the proposed
viticultural area sits. The petition adds that Orestimba and Del Puerto
Creeks, with their higher flow rates, took their sediments further to
the east, producing smaller alluvial fans at the foot of the mountains.
The petition explains that the Ensalado soils are very deep, with a
root depth of 60 inches or more. They are well drained, with parent
material from sandstone and shale, and have little organic matter. The
petition adds that they have little layer development due to the dry,
warm climate, and are calcareous. The petition notes that the soils
lack of layering results in soil properties that are generally
consistent with depth, including water permeability and soil moisture.
Classified as coarse-loamy, this soil generally consists of a thin
layer of fine sandy loam over deep loam subsoil. According to the
petition, other soils on the alluvial fan are older than the Ensalado
soils and lie beyond the courses of Salado and Little Salado Creeks.
Climate
The proposed Salado Creek viticultural area lies on the west side
of the San Joaquin Valley at the foot of the Diablo Mountain range.
These Coast Range mountains shield the proposed viticultural area from
the maritime influences of the Pacific Ocean. The petitioner states
that the area is in a ``thermal belt,'' which covers the alluvial fans
found along the western rim of the valley in Stanislaus County.
Consistent breezes from the north, which cool the area in the summer,
characterize this thermal belt, according to the petition. It adds that
in the winter, the thermal belt has less fog and
[[Page 61778]]
warmer temperatures than the valley's lower elevations along the San
Joaquin River. The petition also notes that the thermal belt allows
growers to raise citrus crops within it, but nowhere else in the
northern San Joaquin Valley.
The petition included a recent comparison of weather information
gathered from stations north, within, and south of the proposed
viticultural area. The petition states that the proposed Salado Creek
viticultural area has warmer minimum temperatures and cooler maximum
temperatures, for a milder climate, than the surrounding areas. Minimum
temperatures are higher in May, June, and August through October.
Maximum temperatures are cooler August through December. These periods
of comparatively mild temperatures correspond to the ripening season
for wine grapes, according to the petitioner.
Solar radiation statistics collected by the petitioner in 2001
indicate less solar influence between August and October in the
proposed viticultural area, creating a slower ripening period for the
grapes. The petition also comments that the proposed area's low
humidity, high average wind speeds, and high average solar radiation
create a high rate of moisture evaporation from the area's plants and
soil. The petition explains that this slow ripening, along with the
continuing high rate of evaporation for plants and soil, have a
positive effect on the quality of grapes grown in the area.
Boundary Description
The 2,940-acre proposed Salado Creek viticultural area is in
western Stanislaus County, just southwest of the town of Patterson. It
lies within a portion of a blunt-ended triangle formed by Interstate 5,
Sperry Road, Davis Road, and Fink Road. The proposed area's boundaries
are described in detail in the proposed regulation shown below.
Maps
The proposed boundaries of the Salado Creek viticultural area are
shown on two USGS maps: the Patterson, California Quadrangle--
Stanislaus Co., 7.5 Minute Series, edition of 1953; photorevised 1971,
photoinspected 1978; and the Crows Landing, California Quadrangle--
Stanislaus Co., 7.5 Minute Series, edition of 1952, photorevised 1980.
Public Participation
Comments Sought
We request comments from anyone interested. Please support your
comments with specific information about the proposed area's name,
growing conditions, or boundaries. All comments must include your name
and mailing address, reference this notice number, and be legible and
written in language acceptable for public disclosure.
Although we do not acknowledge receipt, we will consider your
comments if we receive them on or before the closing date. We will
consider comments received after the closing date if we can. We regard
all comments as originals.
Confidentiality
We do not recognize any submitted material as confidential. All
comments are part of the public record and subject to disclosure. Do
not enclose in your comments any material you consider confidential or
inappropriate for disclosure.
Submitting Comments
You may submit comments in any of four ways:
[sbull] By mail: You may send written comments to TTB at the
address listed in the ADDRESSES section.
[sbull] By facsimile: You may submit comments by facsimile
transmission to 202-927-8525. Faxed comments must--
(1) Be on 8.5 by 11-inch paper;
(2) Contain a legible, written signature; and
(3) Be five or less pages long. This limitation assures electronic
access to our equipment. We will not accept faxed comments that exceed
five pages. [sbull] By e-mail: You may e-mail comments to nprm@ttb.gov.
Comments transmitted by electronic mail must--
(1) Contain your e-mail address;
(2) Reference this notice number on the subject line; and
(3) Be legible when printed on 8.5 by 11-inch paper.
[sbull] By online form: We provide a comment form with the online
copy of this notice on our Web site at http://www.ttb.gov/alcohol/rules/index.htm.
Select ``Send comments via e-mail'' under this notice
number.
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, in light of all circumstances, whether a public hearing
will be held.
Disclosure
You may view copies of the petition, the proposed regulation, the
appropriate maps, and any comments received by appointment in our
reference library, 1310 G Street, NW., Washington, DC 20005. You may
also obtain copies at 20 cents per 8.5 x 11-inch page. Contact us at
the above address or telephone 202-927-8210 to schedule an appointment
or to request copies of comments.
For your convenience, we will post this notice and the comments
received on the TTB Web site. We may omit voluminous attachments or
material that we consider unsuitable for posting. In all cases, the
full comment will be available in our reference library. To access the
online copy of this notice, visit http://www.ttb.gov/alcohol/rules/index.htm
and select the ``View Comments'' link under this notice
number to view the posted comments.
Regulatory Analyses and Notices
Paperwork Reduction Act
We propose no requirement to collect information. Therefore, the
provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, and
its implementing regulations, 5 CFR part 1320, do not apply.
Regulatory Flexibility Act
We certify that this proposed regulation, if adopted, will not have
a significant economic impact on a substantial number of small
entities. This 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, 58 FR 51735. Therefore, it requires
no regulatory assessment.
Drafting Information
The principal author of this document is N.A. Sutton, Regulations
and Procedures Division (Oregon), Alcohol and Tobacco Tax and Trade
Bureau.
List of Subjects in 27 CFR Part 9
Wine.
Authority and Issuance
For the reasons discussed in the preamble, we propose to amend
Title 27, Code of Federal Regulations, Part 9, American Viticultural
Areas, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
2. Subpart C is amended by adding Sec. 9.---- to read as follows:
[[Page 61779]]
Subpart C--Approved American Viticultural Areas
Sec. 9.---- Salado Creek.
(a) The name of the viticultural area described in this section is
``Salado Creek''.
(b) Approved Maps. The appropriate maps for determining the
boundaries of the Salado Creek viticultural area are two 1:24,000 Scale
USGS topographic maps. They are titled:
(1) Patterson, California Quadrangle,--Stanislaus Co., 7.5 Minute
Series, edition of 1953; photorevised 1971, photoinspected 1978; and
(2) Crows Landing, California Quadrangle,--Stanislaus Co., 7.5
Minute Series, edition of 1952, photorevised 1980.
(c) Boundaries. The Salado Creek viticultural area is located in
Stanislaus County, California, just southwest of the town of Patterson.
(1) Beginning on the Patterson Quadrangle map in section 19, T6S,
R8E, at the junction of Fink Road and Interstate 5;
(2) Proceed northwest for 4.25 miles along Interstate Highway 5 to
its junction with an unnamed light duty road in section 35, T5S, R7E
(Patterson Quadrangle); then
(3) Following the unnamed light duty road for approximately 0.45
miles, go east across the California Aqueduct and then north, to the
road's intersection with the light duty road atop the levee on the east
bank of the Delta-Mendota Canal in section 35, T5S, R7E (Patterson
Quadrangle); then
(4) Proceed southeast approximately 0.3 miles along the Delta-
Mendota Canal levee road to its intersection with an unnamed unimproved
road in section 35, T5S, R7E (Patterson Quadrangle); then
(5) Proceed north and then east on the unimproved road for
approximately 0.4 mile to its intersection with Baldwin Road and
continue east on Baldwin Road approximately one mile, crossing Salado
Creek, to the road's intersection with Ward Avenue at the eastern
boundary line of section 36, T5S, R7E (Patterson Quadrangle); then,
(6) Proceed north on Ward Avenue approximately 400 feet to its
intersection with 2nd Lift drainage canal in section 31, T5S, R8E
(Patterson Quadrangle); then
(7) Follow the 2nd Lift canal southeast approximately 0.75 miles to
its intersection with Elfers Road in section 31, T5S, R8E (Patterson
Quadrangle); then
(8) Proceed east on Elfers Road approximately for 0.45 miles,
crossing onto the Crows Landing map, to its intersection with an
unnamed, unimproved road on the south side of Elfers Road that also
marks the western boundary of section 6, T6S, R8E (Crows Landing
Quadrangle); then
(9) Proceed straight south on the unimproved road approximately one
mile to its intersection with Marshall Road in section 6, T6S, R8E
(Crows Landing Quadrangle); then
(10) Follow Marshall Road straight west 1.1 miles, crossing onto
the USGS Patterson map, to its intersection with Ward Avenue in section
6, T6S, R8E (Patterson Quadrangle); then
(11) Proceed south 1.65 miles on Ward Avenue to its intersection
with the California Aqueduct, then continue generally south
approximately 1.4 miles along the aqueduct to its intersection with
Fink Road in section 19, T6S, R8E (Patterson Quadrangle); then
(12) Follow Fink Road northwest for approximately 0.5 miles,
returning to the point of beginning at Interstate Highway 5 in section
19, T6S, R8E (Patterson Quadrangle).
Signed: September 25, 2003.
Arthur J. Libertucci,
Administrator.
[FR Doc. 03-27317 Filed 10-29-03; 8:45 am]
BILLING CODE 4810-31-P