Establishment of the Tehachapi Mountains Viticultural Area
| Citation | 85 FR 73617 |
| Record Number | 2020-25301 |
| Published date | 19 November 2020 |
| Section | Rules and Regulations |
| Court | Alcohol And Tobacco Tax And Trade Bureau |
Federal Register, Volume 85 Issue 224 (Thursday, November 19, 2020)
[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Rules and Regulations]
[Pages 73617-73620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25301]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2020-0006; T.D. TTB-164; Ref: Notice No. 191]
RIN 1513-AC69
Establishment of the Tehachapi Mountains Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes
the approximately 58,000-acre ``Tehachapi Mountains'' viticultural area
in Kern County, California. The Tehachapi Mountains viticultural area
is not located within, nor does it contain, any 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 December 21, 2020.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated the functions
and duties in the administration and enforcement of these provisions to
the TTB Administrator through Treasury Order 120-01, dated December 10,
2013 (superseding Treasury Order 120-01, dated January 24, 2003).
Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to
establish definitive viticultural areas and regulate the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets
forth standards for the preparation and submission to TTB of petitions
for the establishment or modification of American viticultural areas
(AVAs) and lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and 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:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
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;
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
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Tehachapi Mountains Petition
TTB received a petition from Julie Bell of Per La Vita LLC, on
behalf of local vineyard owners and winemakers, proposing to establish
the ``Tehachapi Mountains'' AVA. The proposed AVA is located in Kern
County, California, and is not within any established AVA. The proposed
Tehachapi Mountains AVA contains approximately 58,000 acres and has 6
commercially-producing vineyards covering approximately 25 acres, as
well as 1 winery. The distinguishing features of the proposed Tehachapi
Mountains AVA include its topography and climate.
The proposed Tehachapi Mountains AVA is a broad, saddle-shaped
region of mountain foot slopes, high valleys and rolling hills situated
at the summit of the southernmost pass of the Sierra Nevada mountain
range. The proposed AVA has an east-west orientation, and the terrain
at the east and west ends of
[[Page 73618]]
the ``saddle'' rise sharply before falling away to the lower elevations
of the San Joaquin Valley, to the west, and the Mojave Desert, to the
east. Elevations within the proposed AVA range from 3,600 and 5,400
feet, with the majority of the area situated between 3,800 and 4,600
feet. Slope angles average between 3 and 11 degrees within the proposed
AVA. According to the petition, the high altitude of the proposed AVA
exposes grapes to higher intensity ultraviolet light, which stimulates
synthesis of phenolic molecules and produces deep colors and thick
skins. Additionally, the gentle slope angles reduce the risk of erosion
and allow cold air to drain away from vineyards planted in the proposed
AVA.
The petition states that topography also affects the climate of the
proposed Tehachapi Mountains AVA and allows for successful viticulture,
even at such high elevation. The petition notes that wine grapes are
generally grown at elevations below 3,000 feet in the United States and
around the world, due to colder temperatures at higher elevations that
can permanently damage or kill vines. However, the proposed AVA's
location within a mountain pass allows prevailing west winds from the
San Joaquin Valley and east winds from the Mojave Desert to bring warm
air from those regions into the proposed AVA. As a result, the proposed
AVA has an average growing season of 198 days and accumulates an
average of 2,762 growing degree days \1\ (GDDs) annually, both of which
are sufficient for ripening late season varietals such as syrah,
zinfandel, and cabernet sauvignon. Warm air from the neighboring
valleys also results in typical winter low temperatures within the
proposed AVA that range from 35 to 26 degrees Fahrenheit. The petition
notes that grapevines can suffer permanent damage at temperatures
between 0 and -5 degrees Fahrenheit, so vines grown in the proposed AVA
are not at risk from serious frost damage.
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\1\ 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.
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The Tehachapi Mountains range continues to the south of the
proposed AVA. Elevations rise to over 7,000 feet, and slope angles are
over 30 degrees. To the north of the proposed Tehachapi Mountains AVA
are the Piute Mountains, which have elevations of over 6,000 feet and
also have slope angles over 30 degrees. In portions of the northern
region that are not exposed to the Mojave Desert or San Joaquin Valley,
growing seasons are shorter and GDD accumulations are lower than within
the proposed AVA. For example, to the north-northwest of the proposed
AVA, the community of Johnsondale is at an elevation of 4,700 feet, has
a growing season of 139 days, and accumulates an average of 2,149 GDDs.
However, regions with more direct exposure to the desert or the valley
can have longer growing seasons and greater GDD accumulations. For
example, the community of Walker Pass, to the north-northeast of the
proposed AVA at an elevation of 5,572 feet, is more exposed to the
Mojave Desert than the proposed AVA and has an average growing season
of 216 days and accumulates an average of 3,834 GDDs.
To the east of the proposed Tehachapi Mountains AVA is the Mojave
Desert, which has an average elevation of 2,600 feet. The growing
season is longer than within the proposed AVA, averaging 231 days at
Edwards Air Force Base. GDD accumulations are also much higher,
averaging 4,881 annually. To the west of the proposed AVA is the San
Joaquin Valley, where elevations drop below 500 feet near Bakersfield.
The growing season length in Bakersfield averages 349 days, and an
average annual GDD accumulation of 5,521.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 191 in the Federal Register on June 26,
2020 (85 FR 38345), proposing to establish the Tehachapi Mountains AVA.
In the notice, TTB summarized the evidence from the petition regarding
the name, boundary, and distinguishing features for 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.
191.
In Notice No. 191, TTB solicited comments on the accuracy of the
name, boundary, and other required information submitted in support of
the petition. The comment period closed August 25, 2020.
In response to Notice No. 191, TTB received a total of eight
comments. The commenters included the Tehachapi city manager, the Mayor
of Tehachapi City and Tehachapi City Council, the Second District
supervisor for Kern County, California State Assemblyman Vince Fong,
U.S. Representative Kevin McCarthy, and local wine industry members.
All of the comments supported the establishment of the proposed
Tehachapi Mountains AVA.
TTB Determination
After careful review of the petition and the comments received in
response to Notice No. 191, TTB finds that the evidence provided by the
petitioner supports the establishment of the Tehachapi Mountains AVA.
Accordingly, under the authority of the FAA Act, section 1111(d) of the
Homeland Security Act of 2002, and parts 4 and 9 of the TTB
regulations, TTB establishes the ``Tehachapi Mountains'' AVA in Kern
County, California, effective 30 days from the publication date of this
document.
Boundary Description
See the narrative description of the boundary of the Tehachapi
Mountains AVA in the regulatory text published at the end of this final
rule.
Maps
The petitioners provided the required maps, and they are listed
below in the regulatory text. You may also view the Tehachapi Mountains
AVA boundary on the AVA Map Explorer on the TTB website, at https://www.ttb.gov/wine/ava-map-explorer.
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 Tehachapi Mountains AVA, its name,
``Tehachapi Mountains,'' will be recognized as a name of viticultural
significance under Sec. 4.39(i)(3) of the
[[Page 73619]]
TTB regulations (27 CFR 4.39(i)(3)). The text of the regulations
clarifies this point. Consequently, wine bottlers using the name
``Tehachapi Mountains'' 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. TTB is not designating ``Tehachapi,'' standing
alone, as a term of viticultural significance if the proposed AVA is
established, in order to avoid potential conflicts with current label
holders who use the word ``Tehachapi'' in a brand name or a fanciful
name on their labels. Accordingly, the proposed part 9 regulatory text
set forth in this document specifies only the full name ``Tehachapi
Mountains'' as a term of viticultural significance for purposes of part
4 of the TTB regulations.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of an AVA
name would be the result of a proprietor's efforts and consumer
acceptance of wines from that area. Therefore, no regulatory
flexibility analysis is required.
Executive Order 12866
It has been determined that this final rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.273 to read as follows:
Sec. 9.273 Tehachapi Mountains.
(a) Name. The name of the viticultural area described in this
section is ``Tehachapi Mountains''. For purposes of part 4 of this
chapter, ``Tehachapi Mountains'' is a term of viticultural
significance.
(b) Approved maps. The eight United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Tehachapi Mountains viticultural area are titled:
(1) Bear Mountain, CA, 2015;
(2) Keene, CA, 2015;
(3) Cummings Mountain, CA, 2015;
(4) Tehachapi North, CA, 2015;
(5) Tehachapi NE, CA, 2015;
(6) Monolith, CA, 2015;
(7) Tehachapi South, CA, 2015; and
(8) Tejon Ranch, CA, 2015.
(c) Boundary. The Tehachapi Mountains viticultural area is located
in Kern County, California. The boundary of the Tehachapi Mountains
viticultural area is as described below:
(1) The beginning point is on the Bear Mountain map at the
intersection of the 4,800-foot elevation contour and an unnamed road
known locally as Skyline Drive. From the beginning point, proceed
easterly along the 4,800-foot elevation contour, crossing onto the
Keene map, to the intersection of the 4,800-foot elevation contour and
Horizon Court; then
(2) Proceed south along Horizon Court to its intersection with the
4,600-foot elevation contour; then
(3) Proceed east, then north along the meandering 4,600-foot
elevation contour to its intersection with Shenandoah Place; then
(4) Proceed southeast in a straight line to the 4,400-foot
elevation contour south of an unnamed road known locally as Big Sky
Court; then
(5) Proceed east, then north along the meandering 4,400-foot
elevation contour to its intersection with Bear Valley Road; then
(6) Proceed east in a straight line to the 4,600-foot elevation
contour; then
(7) Proceed southeasterly along the 4,600-foot elevation contour,
crossing onto the Cummings Mountain map and continuing southeasterly,
then northerly along the 4,600-foot elevation contour, crossing back
onto the Keene map, and continuing northerly along the 4,600-foot
elevation contour to a point due west of the intersection of Marcel
Drive and an unnamed road known locally as Woodford-Tehachapi Road;
then
(8) Proceed east in a straight line to the intersection of
Woodford-Tehachapi Road and Marcel Drive; then
(9) Proceed east in a straight line, crossing onto the Tehachapi
North map and crossing Tehachapi Creek, to the 4,400-foot elevation
contour northeast of the community of Cable, California; then
(10) Proceed easterly along the 4,400-foot elevation contour,
crossing onto the Tehachapi NE map, and continuing southeasterly along
the 4,400-foot elevation contour to a point due west of the terminus of
Zephyr Court; then
(11) Proceed east in a straight line to the terminus of Zephyr
Court; then
(12) Proceed east in a straight line to Sand Canyon Road; then
(13) Proceed south along Sand Canyon Road, crossing onto the
Monolith map, to its intersection with East Tehachapi Boulevard; then
(14) Proceed southwesterly in a straight line, crossing the
railroad tracks and State Route 58, to the 4,200-foot elevation
contour; then
(15) Proceed westerly along the 4,200-foot elevation contour to its
intersection with an unnamed intermittent creek; then
(16) Proceed southwest in a straight line to the 4,400-foot
elevation contour; then
(17) Proceed west along the 4,400-foot elevation contour, crossing
onto the Tehachapi South map, to its intersection with Tehachapi-Willow
Springs Road; then
(18) Proceed south along Tehachapi-Willow Springs Road to its
intersection with the 4,520-foot elevation contour; then
(19) Proceed west in a straight line to the intersection of the
4,840-foot elevation contour and Snowshoe Lane; then
(20) Proceed north in a straight line to the 4,800-foot elevation
contour; then
(21) Proceed westerly along the 4,800-foot elevation contour,
crossing onto the Cummings Mountain map and over two unnamed
intermittent streams, and continuing to the intersection of the 4,800-
foot elevation contour and a third unnamed intermittent stream; then
(22) Proceed south in a straight line to the 5,200-foot elevation
contour; then
(23) Proceed southerly along the 5,200-foot elevation contour to a
point northeast of the southern terminus of Arosa Road; then
(24) Proceed east in a straight line, crossing onto the Tehachapi
South map and over an unnamed road known locally as Water Canyon Road,
to the 5,400-foot elevation contour; then
(25) Proceed southeasterly, then south, then southwesterly along
the 5,400-foot elevation contour, crossing onto the Cummings Mountain
map and continuing to the intersection of the 5,400-foot elevation
contour with an unnamed road known locally as Matterhorn Drive; then
[[Page 73620]]
(26) Proceed west in a straight line, crossing Mountain Climber
Way, to the 4,600-foot elevation contour; then
(27) Proceed westerly along the 4,600-foot elevation contour to its
intersection with High Gun Drive; then
(28) Proceed south in a straight line to the second intersection of
the line with the 5,000-foot elevation contour; then
(29) Proceed west in a straight line, crossing onto the Tejon Ranch
map, to the line's intersection with an unnamed 4-wheel drive road;
then
(30) Proceed northwesterly along the 4-wheel drive road to its
intersection with the southern terminus of an unnamed road known
locally as Carlisle Drive; then
(31) Proceed southwesterly in a straight line to an unmarked 4,680-
foot summit; then
(32) Proceed north in a straight line to the 3,640-foot elevation
contour; then
(33) Proceed west in a straight line to the 3,600-foot elevation
contour; then
(34) Proceed west, then northwesterly along the 3,600-foot
elevation contour to its intersection with an unnamed intermittent
stream northwest of Jack Springs Road; then
(35) Proceed northeast in a straight line, crossing onto the Bear
Mountain map, and continuing to the intersection of the 4,800-foot
elevation contour and an unnamed intermittent creek west of Rockspring
Court; then
(36) Proceed north along the 4,800-foot elevation to a point due
west of the intersection of the 4,800-foot elevation point and an
unnamed road known locally as Skyline Drive; then
(37) Proceed east in a straight line to the beginning point.
Signed: October 26, 2020.
Mary G. Ryan,
Administrator.
Approved: November 9, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2020-25301 Filed 11-18-20; 8:45 am]
BILLING CODE 4810-31-P
