Proposed Establishment of the Upper Lake Valley Viticultural Area and Modification of the Clear Lake Viticultural Area

As Enacted ( Federal Register)

Cited authorities 10

Cited in

Published date	16 April 2021
Citation	86 FR 20102
Record Number	2021-07626
Section	Proposed rules
Court	Alcohol And Tobacco Tax And Trade Bureau

20102

Federal Register / Vol. 86, No. 72 / Friday, April 16, 2021 / Proposed Rules

Aviation Administration proposes to

amend 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

B, C, D, AND E AIRSPACE AREAS; AIR

TRAFFIC SERVICE ROUTES; AND

REPORTING POINTS

■1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(f), 106(g); 40103,

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,

1959–1963 Comp., p. 389.

§ 71.1 [Amended]

■2. The incorporation by reference in

14 CFR 71.1 of FAA Order 7400.11E,

Airspace Designations and Reporting

Points, dated July 21, 2020, and

effective September 15, 2020, is

amended as follows:

Paragraph 6005 Class E Airspace Areas

Extending Upward From 700 Feet or More

Above the Surface of the Earth.

* * * * *

ACE KS E5 Scott City, KS [Amended]

Scott City Municipal Airport, KS

(Lat. 38°28′30″ N, long. 100°53′04″ W)

That airspace extending upward from 700

feet above the surface within a 6.5-mile

radius of Scott City Municipal Airport.

Issued in Fort Worth, Texas, on April 8,

2021.

Martin A. Skinner,

Manager, Operations Support Group, ATO

Central Service Center.

[FR Doc. 2021–07579 Filed 4–15–21; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade

Bureau

27 CFR Part 9

[Docket No. TTB–2021–0001; Notice No.

200]

RIN 1513–AC73

Proposed Establishment of the Upper

Lake Valley Viticultural Area and

Modification of the Clear Lake

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 approximately 17,360-acre

‘‘Upper Lake Valley’’ viticultural area in

Lake County, California. TTB also

proposes to expand the boundary of the

existing 1,093-square mile Clear Lake

viticultural area so that the proposed

Upper Lake Valley viticultural area is

wholly within it. Both the established

Clear Lake viticultural area and the

proposed Upper Lake Valley viticultural

area are entirely within the established

North Coast 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. TTB invites comments on

these proposals.

DATES

: Comments must be received by

June 15, 2021.

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–2021–0001 as posted

on Regulations.gov (https://

www.regulations.gov), 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

Regulations.gov or U.S. mail, and for

full details on how to obtain copies of

this document, its supporting materials,

and any comments related to this

proposal.

FOR FURTHER INFORMATION CONTACT

Karen A. Thornton, Regulations and

Rulings Division, Alcohol and Tobacco

Tax and Trade Bureau, 1310 G Street

NW, Box 12, Washington, DC 20005;

phone 202–453–1039, ext. 175.

SUPPLEMENTARY INFORMATION

Background on Viticultural Areas

TTB Authority

Section 105(e) of the Federal Alcohol

Administration Act (FAA Act), 27

U.S.C. 205(e), authorizes the Secretary

of the Treasury to prescribe regulations

for the labeling of wine, distilled spirits,

and malt beverages. The FAA Act

provides that these regulations should,

among other things, prohibit consumer

deception and the use of misleading

statements on labels and ensure that

labels provide the consumer with

adequate information as to the identity

and quality of the product. The Alcohol

and Tobacco Tax and Trade Bureau

(TTB) administers the FAA Act

pursuant to section 1111(d) of the

Homeland Security Act of 2002,

codified at 6 U.S.C. 531(d). The

Secretary has delegated the functions

and duties in the administration and

enforcement of these provisions to the

TTB Administrator through Treasury

Order 120–01, 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 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 or

modifying the boundary of an

established AVA, and provides that any

interested party may petition TTB to

establish a grape-growing region as an

AVA or to modify the boundary of an

established AVA. Section 9.12 of the

TTB regulations (27 CFR 9.12)

prescribes the standards for petitions for

the establishment or modification of

AVAs. Petitions to establish an AVA, or

modify the boundary of an AVA, must

include the following:

•Evidence that the area within the

proposed AVA boundary, or the region

within the proposed expansion area, 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 or defining the boundary of the

proposed expansion area;

•A narrative description of the

features of the proposed AVA or

proposed expansion area affecting

viticulture, such as climate, geology,

soils, physical features, and elevation,

that make the proposed AVA or

expansion area distinctive and

distinguish it from adjacent areas

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Palmer, Lyman L., Wallace, W.F., and Wells,

Harry L. History of Napa and Lake Counties,

California. San Francisco: Slocum, Bowen & Co.,

1881. See Exhibit 6 of the Name Evidence

Appendix to the petition in Docket TTB–2021–0001

at https://www.regulations.gov.

Ibid. page 5.

Ibid. page 70.

Ibid. page 191.

http://www.lakecountyca.gov/Assets/

Departments/WaterResources/IRWMP/Lake+

County+Groundwater+Managment+Plan.pdf. See

Exhibit 1 of the Name Evidence Appendix to the

petition.

See Figure 1–1 of the Lake County Groundwater

Management Plan, which is included in Exhibit 1

of the Name Evidence Appendix to the petition.

https://www.lakecountywinegrape.org/region/

terroir/soils. See Exhibit 2 of the Name Evidence

Appendix to the petition.

www.redfin.com. See Exhibit 4 of the Name

Evidence Appendix to the petition.

www.sale-tax.com/UpperLakeUpperLake

ValleyCA. See Exhibit 3 of the Name Evidence

Appendix to the petition.

www.record-bee.com/2016/06/17/blue-lakes-

green-beans. See Exhibit 5 of the Name Evidence

Appendix to the petition.

outside the proposed AVA boundary or

established AVA boundary;

•The appropriate United States

Geological Survey (USGS) map(s)

showing the location of the proposed

AVA or proposed expansion area, with

the boundary of the proposed AVA or

proposed expansion area clearly drawn

thereon;

•If the proposed AVA or proposed

expansion area is to be established

within, or overlapping, an existing

AVA, an explanation that both identifies

the attributes of the proposed AVA or

proposed expansion area that are

consistent with the existing AVA, and

explains how the proposed AVA or

proposed expansion area is sufficiently

distinct from the existing AVA and

therefore appropriate for separate

recognition; and

•A detailed narrative description of

the proposed AVA or proposed

expansion area boundary based on

USGS map markings.

Petition To Establish the Upper Lake

Valley AVA and Modify the Boundary

of the Clear Lake AVA

TTB received a petition from Terry

Dereniuk, on behalf of the Growers of

Upper Lake Valley, proposing the

establishment of the ‘‘Upper Lake

Valley’’ AVA. The proposed Upper Lake

Valley AVA is located within Lake

County, California, and lies within the

established North Coast AVA (27 CFR

9.30) and partially within the

established Clear Lake AVA (27 CFR

9.99). The proposed AVA contains

approximately 17,360 acres and has 16

commercially-producing vineyards

covering a total of approximately 300

acres. At the time the petition was

submitted, at least one additional

vineyard was planned within the

proposed AVA.

Although most of the proposed Upper

Lake Valley AVA is located within the

existing Clear Lake AVA, a small

portion of the northwest corner of the

proposed AVA would, if established,

extend beyond the boundary of the

Clear Lake AVA. To address the overlap

of the two AVAs and account for

viticultural similarities between the

proposed Upper Lake Valley AVA and

the larger Clear Lake AVA, the petition

also proposes to expand the boundary of

the Clear Lake AVA so that the entire

proposed Upper Lake Valley AVA

would be included within the Clear

Lake AVA.

According to the petition, the

distinguishing features of the proposed

Upper Lake Valley AVA include its

hydrogeology, soils, and climate.

Although the petition included

information on the geology of the

proposed AVA and the surrounding

regions, TTB determined that geology is

such an integral part of hydrogeology

and the characteristics of the aquifers

the waters therein that it should not be

considered a distinguishing feature

separate from hydrogeology. Unless

otherwise noted, all information and

data pertaining to the proposed AVA

contained in this document are from the

petition for the proposed Upper Lake

Valley AVA and its supporting exhibits.

Proposed Upper Lake Valley AVA

Name Evidence

The proposed Upper Lake Valley

AVA is located along the northern shore

of Clear Lake and incorporates the town

of Upper Lake, California. The

petitioners proposed the name ‘‘Upper

Lake Valley’’ to reflect the proposed

AVA’s topography of alluvial valley

floors and the surrounding hillsides.

The petition included evidence that the

name has been used to describe the

region of the proposed AVA since the

late 1800’s. For example, an 1881 book

about the history of Lake County makes

several references to ‘‘Upper Lake

Valley.’’

The book contains a list of

geographical features in Lake County,

including an entry for ‘‘Upper Lake

Valley,’’ which is located ‘‘around the

head of Clear Lake, and is eight miles

long and from one to five miles wide.’’

In another reference, the book notes that

an 1842 land grant included ‘‘a part of

Upper Lake Valley.’’

A third reference

in the book states that a series of valleys,

including Bachelor Valley, ‘‘all center

around the head of Clear Lake, and form

what is known as Upper Lake Valley.’’

TTB notes that Bachelor Valley is

located within the proposed Upper Lake

Valley AVA.

The petition also included examples

of the current use of the name ‘‘Upper

Lake Valley’’ to describe the region of

the proposed AVA. For example, the

Lake County Groundwater Management

Plan

makes multiple references to the

Upper Lake Valley groundwater basin

and includes a map

which shows the

basin covering the region of the

proposed AVA. The Lake County

Winegrape Commission’s web page

notes, ‘‘Mountain valleys around Clear

Lake, including Big Valley District,

Upper Lake Valley, Clover Valley,

Bachelor Valley, and Scotts Valley, are

level with deep alluvial deposits.’’

real estate website

and a website for

finding city sales tax rates

both include

listings for ‘‘Upper Lake/Upper Lake

Valley.’’ Finally, a recent newspaper

article about the history of growing

green beans in the region of the

proposed AVA states that a prominent

bean farmer’s ‘‘acreage was located in

the Upper Lake valley [sic].’’

Boundary Evidence

The proposed Upper Lake Valley

AVA encompasses a series of valleys,

along with their surrounding hillsides,

that run in a north-northeasterly

direction from the shores of Clear Lake.

The northern boundary is generally

concurrent with the northern boundary

of the established Clear Lake AVA and

separates the proposed AVA from the

higher, rugged elevations of the

Mendocino National Forest. The eastern

boundary follows the 1,600-foot

elevation contour and also separates the

proposed AVA from the Mendocino

National Forest. The southern boundary

follows the northern shore of Clear

Lake. A portion of the western boundary

follows a series of roads and the 1,600-

foot elevation contour to separate the

proposed AVA from the higher terrain

of the Mayacamas Mountains. The

remainder of the western boundary is a

straight line between points that is

concurrent with the established Clear

Lake AVA boundary and also separates

the proposed AVA from the Mayacamas

Mountains.

Distinguishing Features

The distinguishing features of the

proposed Upper Lake Valley AVA are

its hydrogeology, soils, and climate.

Hydrogeology

According to the petition, the

proposed Upper Lake Valley AVA has

four identified water-bearing

formations: Quaternary alluvium;

Pleistocene terrace deposits; Pleistocene

lake and floodplain deposits; and Plio-

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California Department of Water Resources.

California’s Ground Water Bulletin 118. California

Department of Water Resources: 1975. Updated

2004; see https://water.ca.gov/-/media/DWR-

website/web pages/Programs/Groundwater-

Management/Bulletin-118/Files/2003-Basin-

Descriptions/5_013_UpperLake.pdf.

California Department of Water Resources.

California’s Ground Water Bulletin 118. California

Department of Water Resources: 1975. Updated

2004; https://water.ca.gov/-/media/DWR-website/

web pages/Programs/Groundwater-Management/

Bulletin-118/Files/2003-Basin-Descriptions/5_015_

BigValley.pdf.

California Department of Water Resources.

California’s Ground Water Bulletin 118. California

Department of Water Resources: 1975. Updated

2004; https://water.ca.gov/-/media/DWR-website/

web pages/Programs/Groundwater-Management/

Bulletin-118/Files/2003-Basin-Descriptions/5_014_

ScottsValley.pdf.

Albert J. Winkler et al., General Viticulture

(Berkeley: University of California Press, 2nd ed.

1974, page 71.

Ibid, page 71.

pleistocene cache creek. These

formations make up the Upper Lake

Groundwater Basin, which covers the

majority of the proposed AVA. The

Quaternary alluvium and Pleistocene

terrace, lake, and floodplain deposits are

the primary sources of groundwater

within the proposed AVA. The petition

states that groundwater levels within

the Upper Lake Groundwater Basin are

generally within 10 feet of the surface

and fluctuate between 5 and 15 feet

lower in the fall. Lowering of water

levels during dry months is not

excessive and is balanced by rapid

recovery of water level elevations

during the wet months.

According to a bulletin from the

California Department of Water

Resources, the predominant

groundwater types in the Upper Lake

Groundwater Basin are magnesium

bicarbonate and calcium carbonate

water.

The bulletin also shows high

iron, manganese, and calcium levels in

the groundwater, as well as high

electrical conductivity. Boron was

detected in some wells used in the

bulletin’s analysis, but high boron levels

are not associated with the groundwater

in the proposed Upper Lake Valley

AVA. The bulletin’s analysis showed a

total dissolved solids average of 500 mg/

The petition states that water for

irrigation is critical for wine grape

production within the proposed AVA.

The water quality in the proposed

Upper Lake Valley AVA is suitable for

irrigation and has few impediments.

The high levels of calcium are desirable,

since low levels of calcium may cause

deficiencies in vine growth. Low levels

of boron in the groundwater are also

desirable for irrigation purposes, as

levels of 2 mg/L and above are toxic to

most plants. The low levels of dissolved

solids are also beneficial, since total

dissolved solids levels above 2,000 mg/

L are very likely to cause vine growth

problems. However, the high iron and

manganese levels in the water of the

proposed AVA can cause irrigation

equipment to clog.

The Gravelly Valley Groundwater

Basin lies to the north of the proposed

Upper Lake Valley AVA, within the

Mendocino National Forest. The

petition states that no additional

information was available about this

basin. To the east of the proposed AVA

lies the High Valley Groundwater Basin,

which is formed by rocks of the Jurassic-

Cretaceous Franciscan Formation and

Quaternary Holocene volcanics. The

groundwater is characterized as

magnesium bicarbonate with high levels

of ammonia, phosphorous, chloride,

iron, boron, and manganese. During the

spring, the High Valley Groundwater

Basin water level is 10 to 30 feet below

the surface, with the summer drawdown

5 to 10 feet below the spring level.

Spring groundwater levels have

fluctuated widely over the years, with

incidences of slow recovery after

periods of drought.

Additionally, Clear Lake is to the

immediate south of the proposed AVA,

while the Big Valley Groundwater Basin

is farther south. The prominent

groundwater formations in this basin are

Quaternary Alluvium and Upper

Pliocene to Lower Pliocene Volcanic

Ash Deposit. California Groundwater

Bulletin 118 notes that boron is an

impairment in the water in some parts

of the Big Valley Groundwater Basin.

Groundwater levels in the northern

portion of the Big Valley Basin are

usually 5 feet below the surface and

decrease 10 to 50 feet during the

summer. In the uplands of the basin, the

depth to water in the spring is much

deeper, ranging from 70 to 90 feet below

the surface and dropping an additional

30 to 40 feet over the summer. To the

west of the proposed AVA is the Scotts

Valley Groundwater Basin, which

consists of rocks from the Jurassic-

Cretaceous Franciscan Formation.

California Groundwater Bulletin 118

lists iron, manganese, and boron as

impairments of groundwater in this

basin.

Depth to water in the spring is

10 feet below the surface on the average,

with spring to summer drawdown

ranging from 30 to 60 feet below spring

levels depending on location across the

Scotts Valley Groundwater Basin.

Soils

According to the petition, many

different soil series make up the soils of

the proposed Upper Lake Valley AVA.

However, three general soil map units

broadly characterize the area:

Millsholm-Skyhigh-Bressa; Still-

Lupoyoma; and Tulelake-Fluvaquentic-

Haplawuolls. Soils from these three

units make up over 56 percent of the

total area of the proposed AVA.

Millsholm-Skyhigh-Bressa soils are

formed from sandstone and shale and

are primarily loams and clay loams.

These soils are moderately deep,

moderately-well to well-drained, and

have slopes that range from moderately

sloping to steep. Soils from the Still-

Lupoyoma general map unit occur on

the nearly-level valley floors and consist

of loams and silt loams. These soils are

very deep, with rooting depths of 60

inches or more, and are moderately-well

to well-drained. Soils from the Tulelake-

Fluvaquentic-Haplawuolls map unit

occur in marshy and reclaimed areas

around Clear Lake and Tule Lake. Soils

of this unit are very deep silty clay

loams with poor to very poor drainage.

The petition states that soil

composition, depth, and drainage are

key components of vine and fruit

development. According to the petition,

most of the vineyards in the proposed

Upper Lake Valley AVA are planted on

Still-Luopyoma soils due to the gentle

slopes, which create less of an erosion

hazard and provide good drainage.

These soils are also deep, which allows

the roots to extend farther than in

shallow soils. Grapevines are ‘‘deep-

rooted plants that fully explore the soil

to 6 to 10 feet or more if root penetration

is not obstructed by hardpan,

impervious clay substratum, toxic

concentrations of salts, or a free water

table.’’

The petition states that soils of

the Tulelake-Fluvaquentic-Haplawuolls

map unit, which are also very deep, may

also be suitable for viticulture where

poor drainage can be mitigated.

Although soils of the Millsholm-

Skyhigh-Bressa map unit are more

shallow than soils of the other two map

units, the petition states that shallow

soils can also be desirable for viticulture

because ‘‘[t]he quality of fruit is better,

although yields are usually lower, on

soils * * * limited in depth by

hardpan, rocks, or clay substrata.’’

However, because these soils are found

on steeper slopes, there is a risk of

erosion.

To the north of the proposed Upper

Lake Valley AVA, within the

Mendocino National Forest, the soils

belong to the Maymen-Etsel and the

Sanhedrin-Speaker-Kekawaka soil map

units. These soils are not very prevalent

in the proposed AVA and are described

as shallow soils with outcroppings of

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http://www.westernwx.com/LakeCo/.

www.wrcc.dri.edu/cgi-bin/cliMAIN.pl?ca9173.

California Department of Water Resources.

California’s Ground Water Bulletin 118. California

Department of Water Resources: 1975. Updated

2004.

Ryan Keiffer, Agricultural Technician, UCCE

Mendocino, and Dr. Broc Zoller, Pest Control

Advisor, Kelseyville. Vineyard Water Use in Lake

County, California. December 1, 2014.

Data collected by the Western Weather Group

on behalf of the Lake County Winegrape

Commission; see http://www.westernwx.com/

LakeCo/.

Jones, G. V. (2014). Climate Characteristics for

Winegrape Production in Lake County, California.

Open Report to the Lake County Winegrape

Commission. p. 14.

large stones, including greywackes and

sandstone. To the east of the proposed

AVA, the most common soil map units

are the Maymen-Etsel, Sobrante-

Guenoc-Hambright, and the Sanhedrin-

Speaker-Kekawaka units, which are also

not common within the proposed AVA

and occur mostly on very steep slopes.

South of the proposed AVA, within the

Big Valley District AVA (27 CFR 9.232),

the soils belong to the Cole-Clear Lake

Variant-Clear Lake general soil map

unit. To the west of the proposed AVA,

the soils are from the Millsholm-

Skyhigh-Bressa soil map unit and then

transition to the Maymen-Etsel soil map

unit in the higher elevations of the

Mayacamas Mountains.

Climate

The petition for the proposed Upper

Lake Valley AVA included information

on the climate of the region, including

rainfall, frost-free days, wind, and

growing degree days.

Rainfall. According to the petition,

rainfall amounts in Lake County vary

greatly due to the rapid changes in

topography between the higher

elevations of the Mayacamas Mountains

in the western portion of the county and

the lower elevations of Bachelor, Middle

Creek, and Clover Creek Valleys, where

the proposed AVA is located. The table

below shows the average annual rainfall

amounts for the weather station in

Upper Lake, California, which is within

the proposed AVA, for the years 2011

through 2016. The data was collected by

the Western Weather Group

on behalf

of the Lake County Winegrape

Commission. Data was unavailable for

2013.

ABLE

1—A

VERAGE

NNUAL

AINFALL

MOUNTS FOR

PPER

AKE

EATH

TATION

Year Rainfall

amount

(inches)

2016 ........................................ 41.43.

2015 ........................................ 20.53.

2014 ........................................ 38.34.

2013 ........................................ unavailable.

2012 ........................................ 41.08.

2011 ........................................ 28.43.

The average annual rainfall amount

for the available years was 33.96. The

petition states that, although rainfall

data was not available from the weather

station for 2013, the average rainfall

amounts for the available years is

comparable to the average rainfall

recorded by the Western Region Climate

Center

for the period of January 1,

1893, through November 12, 2006,

which is 34.09 inches.

The petition also included annual

predicted rainfall amounts for the Upper

Lake Groundwater Basin, where the

proposed AVA is located, and the

surrounding groundwater basins. The

data shows that annual predicted

rainfall amounts for the Upper Lake

Groundwater Basin are higher than the

predicted amounts for each of the

surrounding basins, except for the basin

to the north of the proposed AVA.

ABLE

2—A

NNUAL

REDICTED

AINFALL

MOUNTS

Basin name Direction from proposed AVA Rainfall

amounts

(inches)

Upper Lake Basin ....................................................................... Within .......................................................................................... 35–43

Big Valley Basin ......................................................................... South .......................................................................................... 22–35

High Valley Basin ....................................................................... East ............................................................................................ 27–35

Scotts Valley Basin ..................................................................... West ........................................................................................... 31–35

Gravelly Valley Basin ................................................................. North ........................................................................................... 49

The petition states that the high

annual rainfall amounts in the proposed

Upper Lake Valley AVA recharge the

Upper Lake Groundwater Basin, which

is used for irrigation. The rainfall

amounts are also sufficient during the

growing season to provide hydration for

grapevines. The petition states that

grapes require an average of 8 to 11 acre

inches of water per year in order to

successfully produce and ripen fruit.

Frost-free days. According to the

petition, the growing season, which is

broadly defined as the number of days

between the last frost event in the spring

and the first frost event in the fall, is an

important indicator for successful wine

grape cultivation. The following table

shows the median, maximum, and

minimum number of frost-free days

recorded at the Upper Lake climate

station from 2011 through 2016,

well as from the seven established

AVAs in Lake County, which were

derived from the 1971–2000 climate

normals.

Data was not provided for

the region to the north of the proposed

AVA.

ABLE

3—F

ROST

-F

REE

AYS

AVA name (direction from proposed AVA) Median Maximum Minimum

Upper Lake Valley ....................................................................................................................... 202 232 172

Big Valley District–Lake County (South) ..................................................................................... 195 228 190

Kelsey Bench–Lake County (South) ........................................................................................... 198 227 192

Clear Lake (Encompasses) ......................................................................................................... 200 260 174

Guenoc Valley (Southeast) .......................................................................................................... 216 261 211

High Valley (East) ........................................................................................................................ 236 255 190

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Data collected by the Western Weather Group

from 2008–2013.

ABLE

3—F

ROST

-F

REE

AYS

—Continued

AVA name (direction from proposed AVA) Median Maximum Minimum

Red Hills Lake County (South) .................................................................................................... 241 255 194

Benmore Valley (West) ................................................................................................................ 248 250 243

The data in the table indicates that the

proposed Upper Lake Valley AVA has

substantially shorter median, maximum,

and minimum frost-free periods than

the established AVAs to the east,

southeast, and west, and a longer frost-

free period than the established AVAs to

the south, except for the Red Hills Lake

County AVA (27 CFR 9.169). The

proposed AVA has a frost-free period

similar in length to that of the Clear

Lake AVA, which encompasses the

proposed AVA and also includes the Big

Valley District–Lake County (27 CFR

9.232), Kelsey Bench–Lake County (27

CFR 9.233), High Valley (27 CFR 9.189),

and Red Hills Lake County AVAs.

The petition states that the length of

the frost-free period for a region impacts

viticulture. Spring frosts that occur after

bud break can cause tender shoots and

forming grape clusters to burn and die,

resulting in crop loss and lower yields.

Early fall frosts impact the ability of

sugar levels in the grapes to reach a

desirable Brix level.

Wind. The petition states that the

winds in the proposed Upper Lake

Valley AVA are influenced by the

mountains that lie to the west, north,

and east, and by Clear Lake to the south.

Winds within the proposed AVA are

predominantly from the south-southeast

or north during the daytime and from

the north during the night. Wind speeds

within the proposed AVA are lower

than within many other parts of Lake

County, but the winds are frequent

during both the day and night. Winds

are calm (below 1 mile per hour) only

2.23 percent of the time during daytime

hours and 3.04 percent of the time

during nighttime hours.

The highest

daytime wind speeds range from 11 to

20 miles per hour but only occurred

1.25 percent of the time. Wind speeds

between 1 and 5 miles per hour

accounted for 82.88 of the daytime wind

speeds. Nighttime wind speeds were

also mostly between 1 and 5 miles per

hour, accounting for 88.86 of the

nighttime wind speeds. Wind speeds

above 20 miles per hour were not

recorded within the proposed AVA.

The petition included wind speed

information from the Kelsey Bench–

Lake County, Red Hills Lake County,

and Guenoc Valley AVAs (27 CFR 9.26)

for comparison. That information is

presented in the table below and was

collected from the same time period as

the wind speed data from the proposed

AVA. TTB notes that none of the

surrounding region had wind speeds

above 30 miles per hour.

ABLE

4—D

AYTIME

IND

PEED

ATA FOR

URROUNDING

EGIONS

Region

(direction from proposed AVA)

Frequency of wind speed

(percent)

mile per hour 1–5

miles per hour 6–10

miles per hour 11–20

miles per hour 21–30

miles per hour

Kelsey Bench–Lake County (South) .................................... 8.44 64.02 22.08 5.46 0

Red Hills Lake County (South) ............................................ 5.21 71.22 21.34 2.23 0

Guenoc Valley (Southeast) .................................................. 10.89 77.23 7.43 3.96 0.5

ABLE

5—N

IGHTTIME

IND

PEED

ATA FOR

URROUNDING

EGIONS

Region

(direction from proposed AVA)

Frequency of wind speed

(percent)

mile/hour 1–5

miles/hour 6–10

miles/hour 11–20

miles/hour 21–30

miles/hour

Kelsey Bench-Lake County (South) .................................... 12.66 69.87 11.90 5.06 0.51

Red Hills Lake County (South) ............................................ 11.42 65.23 21.83 1.52 0

Guenoc Valley (Southeast) .................................................. 10.89 77.23 7.43 3.96 0.5

Although the predominant daytime

and nighttime wind speeds in the

proposed AVA and the surrounding

regions were between 1 and 5 miles per

hour, the proposed Upper Lake Valley

had the greatest percent of wind speeds

within that range. The proposed AVA

also had the smallest percentage of calm

winds, defined as wind speeds of less

than 1 mile per hour. The proposed

AVA also did not record any wind

speeds over 20 miles per hour, whereas

the Kelsey Bench–Lake County AVA

recorded daytime wind speeds over 20

miles per hour and the Guenoc Valley

AVA recorded both daytime and

nighttime wind speeds over 20 miles

per hour.

The petition states that air movement

keeps the fruit and canopies cool and

dry. In this way, the air movement plays

a key role by preventing mildew and

other pests in the vineyard and

translates to a lesser need for

application of pesticides.

Heat summation. The petition

provided information on the heat

summation values of the proposed

Upper Lake Valley AVA and the

surrounding regions. 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

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Albert J. Winkler et al., General Viticulture

(Berkeley: University of California Press, 2nd ed.

1974), pages 67–71.

The GDD data for the proposed AVA was

calculated from data from the weather station in

Upper Lake from 2011–2016. The data from the

surrounding regions was calculated from 1971–

2000 climate normal. See Jones, G.V. (2014).

Climate Characteristics for Winegrape Production

in Lake County, California. Open Report to the Lake

County Winegrape Commission. p. 23.

(GDDs). A baseline of 50 degrees F is

used because there is almost no shoot

growth below this temperature.

The

following table is derived from

information in the petition and shows

the median, maximum, and minimum

GDD accumulations for the proposed

Upper Lake Valley AVA and the

surrounding regions.

GDD information

was not provided for the region to the

north of the proposed AVA.

ABLE

6—G

ROWING

EGREE

AYS

Region

(direction from proposed AVA) Median Maximum Minimum

Proposed AVA ............................................................................................................................. 3,158 3,343 2,809

Clear Lake (Encompasses) ......................................................................................................... 3,267 3,811 2,799

High Valley (East) ........................................................................................................................ 3,548 3,755 3,139

Guenoc Valley (Southeast) .......................................................................................................... 3,481 3,796 3,420

Big Valley District–Lake County (South) ..................................................................................... 3,245 3,281 3,171

Kelsey Bench–Lake County (South) ........................................................................................... 3,250 3,593 3,189

Red Hills Lake County (South) .................................................................................................... 3,595 3,753 3,155

Benmore Valley (West) ................................................................................................................ 3,248 3,332 3,155

According to the data in the table, the

proposed Upper Lake Valley AVA has a

lower median GDD accumulation than

each of the surrounding regions for

which data was provided. The

maximum GDD accumulation for the

proposed AVA is lower than each of the

regions except for the Big Valley

District–Lake County AVA to the south

and the Benmore Valley AVA to the

west. The minimum GDD accumulation

for the proposed AVA is also lower than

each of the surrounding regions except

for the larger Clear Lake AVA, which

encompasses the proposed AVA as well

as the Big Valley District–Lake County,

Kelsey Bench–Big Valley, and Red Hills

Lake County AVAs and most of the High

Valley AVA.

The petition states that GDD

accumulations are an important factor

in predicting a site’s suitability for

growing specific grape varieties.

Varietals that require warmer climates

in order to ripen will do better in

regions with higher GDD accumulations.

The petition states that the moderate

climate of the proposed AVA makes it

suitable for growing a variety of grapes,

including Sauvignon Blanc.

Summary of Distinguishing Features

In summary, the hydrogeology, soils,

and climate of the proposed Upper Lake

Valley AVA distinguish it from the

surrounding regions. The following

table summarizes the distinguishing

features of the proposed AVA and

compares them to the features of the

surrounding regions.

ABLE

7—S

UMMARY OF

ISTINGUISHING

EATURES

Region Hydrogeology Soils Climate

Proposed AVA ............................... Upper Lake Groundwater Basin;

high iron, manganese, and cal-

cium levels; groundwater levels

generally within 10 feet of the

surface, with minimal seasonal

fluctuations; low levels of dis-

solved solids.

Millsholm–Skyhigh–Bressa, Still–

Lupoyoma, and Tulelake–

Fluvaquentic–Haplawuolls soil

map units; moderately deep to

very deep; poorly drained to

well-drained.

Average annual rainfall of 35–43

inches; median frost-free period

of 202 days; wind speeds pre-

dominantly between 1 and 5

mph, are calm 2.23–3.04 per-

cent of the time, and do not ex-

ceed 20 mph; median GDD ac-

cumulations of 3,158.

North .............................................. Gravelly Valley Groundwater

Basin. Maymen–Etsel and Sanhedrin–

Speaker–Kekawaka soil map

units; contain outcroppings of

large stones.

Average annual rainfall of 49

inches; other climate data not

available.

East ................................................ High Valley Groundwater Basin;

high levels of ammonia, phos-

phorous, chloride, iron, boron,

and manganese; groundwater

levels 10 to 30 feet below the

surface, with seasonal fluctua-

tions and incidences of slow re-

covery after periods of drought.

Maymen–Estel, Sobrante–

Guenoc–Hambright, and San-

hedrin–Speaker–Kekawaka soil

map units; found on very steep

slopes.

Average annual rainfall of 27–35

inches; longer frost-free period;

winds are more frequently calm

but do exceed 20 mph; higher

median GDD accumulations.

South .............................................. Big Valley Groundwater Basin;

boron is an impairment in some

parts of the basin; groundwater

levels vary between northern

and southern parts of the basin

but are generally deeper than

within proposed AVA and have

greater seasonal fluctuations.

Cole–Clear Lake Variant–Clear

Lake soil map unit. Average annual rainfall of 22–35

inches; longer median frost-free

period in Red Hills Lake County

AVA, and a shorter median

frost-free period in Big Valley

District–Lake County AVA;

winds are more frequently calm

but do exceed 20 mph; higher

median GDD accumulations.

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ABLE

7—S

UMMARY OF

ISTINGUISHING

EATURES

—Continued

Region Hydrogeology Soils Climate

West ............................................... Scotts Valley Groundwater Basin;

iron, manganese, and boron

are listed as impairments;

groundwater is 10 feet below

the surface on the average,

with seasonal fluctuations de-

pending on location across the

Scotts Valley Basin.

Millsholm–Skyhigh–Bressa soil

map unit, transitioning to

Maymen–Etsel soil map unit in

the higher elevations of the

Mayacamas Mountains.

Average annual rainfall of 31–35

inches; longer median frost-free

period; wind data not available;

higher median GDD accumula-

tions.

Comparison of the Proposed Upper Lake

Valley AVA to the Existing Lake County

AVA

T.D. ATF–174, which published in

the Federal Register on May 8, 1984 (49

FR 19466), established the Clear Lake

AVA. T.D. ATF–174 cited elevation,

climate, and watershed as

distinguishing features of the Clear Lake

AVA. Elevations for vineyards ranged

from 1,300 to 1,800 feet. The Clear Lake

AVA has a growing season of 223 days

and an average annual rainfall amount

of about 37 inches. The AVA is also

located within the Clear Lake

watershed, which is said to affect the

climate patterns of the AVA.

The proposed Upper Lake Valley

AVA is located in the northern portion

of the Clear Lake AVA and shares some

of the same general features. For

instance, vineyards in the proposed

AVA are planted at elevations between

1,330 and 1,450 feet, which is within

the range of vineyard elevations for the

Clear Lake AVA. The proposed AVA is

also within the Clear Lake watershed,

and Clear Lake has a moderating effect

on the proposed AVA’s climate.

However, the proposed Upper Lake

Valley AVA petition describes the Clear

Lake AVA as having many different

microclimates, including the proposed

Upper Lake Valley AVA. As a

microclimate within the Clear Lake

AVA, the proposed AVA has unique

characteristics, which may warrant its

establishment as a new AVA. For

example, the proposed AVA has a

shorter median growing season and

receives more rainfall annually than the

Clear Lake AVA overall. The proposed

AVA also has a median heat summation

of 3,158 GDDs, while the Clear Lake

AVA has a higher overall median heat

summation of 3,267 GDDs.

Proposed Modification of the Clear

Lake AVA

As previously noted, the petition to

establish the proposed Upper Lake

Valley AVA also requested an

expansion of the established Clear Lake

AVA. The proposed Upper Lake Valley

AVA is located in the northern portion

of the Clear Lake AVA. Most of the

proposed Upper Lake Valley AVA, if

established, would be located within the

current boundary of the Clear Lake

AVA. However, unless the boundary of

the Clear Lake AVA is modified, a small

portion of the proposed Upper Lake

Valley AVA, along Scotts Creek, would

be outside the Clear Lake AVA.

Currently, the Clear Lake AVA

boundary in the vicinity of the proposed

AVA and the proposed expansion area

follows a straight line drawn from the

summit of Griner Peak, south of the

proposed AVA, to the summit of Hells

Peak, north of the proposed AVA. The

portion of the proposed Upper Lake

Valley AVA that would be outside the

Clear Lake AVA (the ‘‘proposed

expansion area’’) follows Scotts Creek

west of Tule Lake and contains one

vineyard. If the proposed modification

of the Clear Lake AVA boundary is

finalized, the entire proposed Upper

Lake Valley AVA would be situated

within the Clear Lake AVA.

The petition states that the name

‘‘Clear Lake’’ is associated with the

proposed expansion area. T.D. ATF–174

noted that Scotts Valley is a prominent

growing area within the Clear Lake

AVA. The southern portion of Scotts

Valley, as well as the portion of Scotts

Creek east of Tule Lake, are both

currently within the Clear Lake AVA.

The proposed expansion area contains

the northern portion of Scotts Valley

and the portion of Scotts Creek west of

Tule Lake. The expansion petition states

that because Scotts Valley, and by

extension Scotts Creek which runs

through the valley, was specifically

mentioned in the original Clear Lake

AVA petition as a region within the area

known as ‘‘Clear Lake,’’ the proposed

expansion area also meets this criteria to

be known as ‘‘Clear Lake.’’

T.D. ATF–174 defined elevation,

watershed, and climate as the

distinguishing features of the Clear Lake

AVA. The expansion petition asserts

that the proposed expansion area shares

these characteristics of the Clear Lake

AVA. First, elevations within the Clear

Lake AVA range from 1,300 to over

4,000 feet, according to T.D. ATF–174.

At the time the AVA was established,

most of the vineyards were planted on

flat or gently rolling land with

elevations between 1,300 and 1,800 feet.

The proposed expansion petition states

that elevations within the proposed

expansion area are similar to those of

the Clear Lake AVA. The vineyard

within the proposed expansion area is

located at approximately 1,360 feet, well

within the range of elevations of other

vineyards found in the Clear Lake AVA.

T.D. ATF–174 stated that the Clear

Lake watershed is an important feature

of the Clear Lake AVA because of its

effect on the climate within the AVA.

The proposed expansion petition

included a map of the Clear Lake

watershed, which shows that the

entirety of Scotts Creek, including the

portion within the proposed expansion

area, is within the Clear Lake watershed.

The map is included as Figure 5 in the

petition addendum and is included in

the public docket.

Finally, T.D. ATF–174 described the

climate of the Clear Lake AVA. Annual

rainfall within the established AVA was

approximately 37 inches, and the region

had a frost-free period of approximately

223 days. Within the Clear Lake AVA,

growing degree accumulations placed

the northern portion in the Winkler

Region II and the southern portion in

Winkler Region III, including the

portion of Scotts Valley currently within

the AVA. According to the proposed

expansion petition, the average annual

rainfall within the proposed expansion

area from 2012 through 2017 was 33.61

inches. Although this is lower than the

average annual rainfall amount for the

Clear Lake AVA described in T.D. ATF–

174, it is within the range of the 2012–

2017 rainfall amounts for other

locations within the Clear Lake AVA

which were included in the expansion

petition. Those average amounts ranged

from a high of 36.37 at Upper Lake to

a low of 23.68 at Kelseyville. Within the

proposed expansion area, growing

degree accumulations for the period

from 2013 to 2016 ranged from 2,985 to

3,364, which places the region in

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Id.

Winkler Regions II and III, similar to the

Clear Lake AVA as described in T.D.

ATF–174.

TTB notes that the expansion petition

included data on the frost-free period of

the proposed expansion area and other

regions within the Clear Lake AVA.

However, the data suggested that the

frost-free period in the proposed

expansion area is shorter than that of

the Clear Lake AVA. Therefore, based

on the data, TTB cannot determine that

the frost-free period within the

proposed expansion area is the same as

within the Clear Lake AVA.

Comparison of the Proposed Upper Lake

Valley AVA to the Existing North Coast

AVA

The North Coast AVA was established

by T.D. ATF–145, published in the

Federal Register on September 21, 1983

(48 FR 42973). It includes all or portions

of Napa, Sonoma, Mendocino, Lake,

Marin, and Solano Counties in

California. T.D. ATF–145 describes the

topography of the North Coast AVA as

‘‘valleys between the coast ranges

running parallel to the Pacific Ocean

shore and the lower slopes of these

ranges.’’ GDD accumulations for the

North Coast AVA range from Region I to

Region III.

Average rainfall in the

North Coast AVA varies widely, ranging

from 24.8 inches in one location in the

AVA to 62.2 inches in another part of

the AVA.

The proposed Upper Lake Valley

AVA shares some of the same general

characteristics as the North Coast AVA.

The proposed AVA is comprised of

valleys between mountainous areas and

the lower slopes of the mountains. The

GDD accumulations for the proposed

AVA classify it as a low Region III.

However, the proposed AVA is much

more uniform in its climatic features,

namely temperature, soils, and

topography than the diverse,

multicounty North Coast AVA. In this

regard, TTB notes that T.D. ATF–145

specifically states that ‘‘approval of this

viticultural area does not preclude

approval of additional areas, either

wholly contained with the North Coast,

or partially overlapping the North

Coast,’’ and that ‘‘smaller viticultural

areas tend to be more uniform in their

geographical and climatic

characteristics, while very large areas

such as the North Coast tend to exhibit

generally similar characteristics, in this

case the influence of maritime air off of

the Pacific Ocean and San Pablo Bay.’’

Thus, the proposal to establish the

Upper Lake Valley AVA is consistent

with what was envisioned when the

North Coast AVA was established.

TTB Determination

TTB concludes that the petition to

establish the 17,360-acre Upper Lake

Valley AVA and to concurrently modify

the boundary of the established Clear

Lake AVA merits consideration and

public comment, as invited in this

notice of proposed rulemaking.

TTB is proposing the establishment of

the new AVA and the modification of

the existing AVA as one action.

Accordingly, if TTB establishes the

proposed Upper Lake Valley AVA, then

the proposed boundary modification of

the Clear Lake would be approved

concurrently. If TTB does not establish

the proposed Upper Lake Valley AVA,

then the present Clear Lake AVA

boundary would not be modified.

Boundary Description

See the narrative description of the

boundary of the petitioned-for AVA and

the proposed expansion of the Clear

Lake AVA in the proposed regulatory

text published at the end of this

proposed rule.

Maps

The petitioner provided the required

maps, and they are listed below in the

proposed regulatory text. You may also

view the proposed Upper Lake Valley

AVA boundary and the proposed

expansion of the Clear Lake 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,

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 § 4.25(e)(3) of the TTB

regulations (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

§ 4.39(i)(2) of the TTB regulations (27

CFR 4.39(i)(2)) for details.

If TTB establishes this proposed AVA,

its name, ‘‘Upper Lake Valley,’’ will be

recognized as a name of viticultural

significance under § 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 the name ‘‘Upper Lake Valley’’ in

a brand name, including a trademark, or

in another label reference as to the

origin of the wine, would have to ensure

that the product is eligible to use the

AVA name as an appellation of origin if

this proposed rule is adopted as a final

rule.

The approval of the proposed Upper

Lake Valley AVA would not affect any

existing AVA, and any bottlers using

‘‘Clear Lake’’ or ‘‘North Coast’’ as an

appellation of origin or in a brand name

for wines made from grapes grown

within the Clear Lake or North Coast

AVAs would not be affected by the

establishment of this new AVA. The

establishment of the proposed Upper

Lake Valley AVA would allow vintners

to use ‘‘Upper Lake Valley,’’ ‘‘Clear

Lake,’’ and ‘‘North Coast’’ as

appellations of origin for wines made

from grapes grown within the proposed

Upper Lake Valley AVA if the wines

meet the eligibility requirements for the

appellation. Additionally, vintners

would be allowed to use ‘‘Upper Lake

Valley,’’ ‘‘Clear Lake,’’ and ‘‘North

Coast’’ as appellations of origin for

wines made from grapes grown within

the proposed Clear Lake AVA expansion

area if the wines meet the eligibility

requirements for the appellation.

Public Participation

Comments Invited

TTB invites comments from interested

members of the public on whether it

should establish the proposed AVA and

concurrently modify the boundary of

the established Clear Lake AVA. TTB is

interested in receiving comments on the

sufficiency and accuracy of the name,

boundary, soils, climate, hydrogeology,

and other required information

submitted in support of the petition. In

addition, given the proposed Upper

Lake Valley AVA’s location within the

existing Clear Lake and North Coast

AVAs, TTB is interested in comments

on whether the evidence submitted in

the petition regarding the distinguishing

features of the proposed AVA

sufficiently differentiates it from the

existing established AVAs. TTB is also

interested in comments on whether the

geographic features of the proposed

AVA are so distinguishable from the

surrounding Clear Lake or North Coast

AVA that the proposed Upper Lake

Valley AVA should no longer be part of

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that AVA. Please provide any available

specific information in support of your

comments.

TTB also invites comments on the

proposed expansion of the existing

Clear Lake AVA. TTB is specifically

interested in receiving comments on the

similarity of the proposed expansion

area to the established Clear Lake AVA,

as well as the differences between the

proposed expansion area and the areas

outside the Clear Lake AVA. Comments

should address the boundaries,

elevation, climate, watershed, and any

other pertinent information that

supports or opposes the proposed Clear

Lake AVA boundary expansion.

Because of the potential impact of the

establishment of the proposed Upper

Lake Valley AVA on wine labels that

include the term ‘‘Upper Lake Valley’’

as discussed above under Impact on

Current Wine Labels, TTB is

particularly interested in comments

regarding whether there will be a

conflict between the proposed AVA

name 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 AVA.

Submitting Comments

You may submit comments on this

notice by using one of the following

methods:

•Federal e-Rulemaking Portal: You

may send comments via the online

comment form posted with this notice

within Docket No. TTB–2021–0001 on

‘‘Regulations.gov,’’ the Federal

e-rulemaking portal, at https://

www.regulations.gov. A direct link to

that docket is available under Notice

No. 200 on the TTB website at https://

www.ttb.gov/wine/wine-

rulemaking.shtml. Supplemental files

may be attached to comments submitted

via Regulations.gov.

•U.S. Mail: You may send comments

via postal mail to the Director,

Regulations and Rulings Division,

Alcohol and Tobacco Tax and Trade

Bureau, 1310 G Street NW, Box 12,

Washington, DC 20005.

Please submit your comments by the

closing date shown above in this notice.

Your comments must reference Notice

No. 200, and also must be made in

English, be legible, and be written in

language acceptable for public

disclosure. TTB does not acknowledge

receipt of comments, and TTB considers

all comments as originals.

In your comment, please clearly state

if you are commenting for yourself or on

behalf of an association, business, or

other entity. If you are commenting on

behalf of an entity via Regulations.gov,

please use the ‘‘organization’’ version of

the comment form and include the

entity’s name, as well as your name and

position title in the comment. 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 notice, selected

supporting materials, and any online or

mailed comments received about this

proposal within Docket No. TTB–2021–

0001 on the Federal e-rulemaking

portal, Regulations.gov, at https://

www.regulations.gov. A direct link to

that docket is available on the TTB

website at https://www.ttb.gov/wine/

wine_rulemaking.shtml under Notice

No. 200. You may also reach the

relevant docket through the

Regulations.gov search page at https://

www.regulations.gov.

If provided, 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 the Bureau

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-

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 https://

www.ttb.gov/contact-rrd, 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

It has been determined that this

proposed 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 notice

of proposed rulemaking.

List of Subjects in 27 CFR Part 9

Wine.

Proposed Regulatory Amendment

For the reasons discussed in the

preamble, TTB proposes to amend title

27, chapter I, part 9, Code of Federal

Regulations, 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. Amend § 9.99 by:

■a. Removing the period at the end of

paragraph (b)(4) and adding a semicolon

in its place;

■b. Adding paragraph (b)(5);

■c. Redesignating paragraphs (c)(11)

through (c)(17) as paragraphs (c)(15)

through (c)(21); and

■d. Adding new paragraphs (c)(11)

through (c)(14).

The additions read as follows:

§ 9.99 Clear Lake.

* * * * *

(b) * * *

(5) ‘‘Upper Lake Quadrangle,

California,’’ 7.5 minute series, 1996.

(11) Then southeasterly in a straight

line, crossing onto the Upper Lake

quadrangle, to the intersection of the

1,600-foot elevation contour and an

unnamed 4-wheel drive road in Section

9, T15N/R10W;

(12) Then northwesterly, then

southwesterly along the 1,600-foot

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20111

Federal Register / Vol. 86, No. 72 / Friday, April 16, 2021 / Proposed Rules

elevation contour to a point in Section

8, T15N/R10W, that is due north of the

westernmost structure in a row of three

structures located south of Scotts Creek;

(13) Then south in a straight line,

crossing over Scotts Creek and the

westernmost structure, to the

intersection with an unnamed,

unimproved road and the 1,600-foot

elevation contour in Section 17, T15N/

R10W;

(14) Then generally east along the

1,600-foot elevation contour to its

second intersection with an unnamed,

unimproved road in section 15, T15N/

R10W;

* * * * *

■3. Subpart C is amended by adding

§ 9.to read as follows:

Subpart C—Approved American

Viticultural Areas

§9.lll Upper Lake Valley.

(a) Name. The name of the viticultural

area described in this section is ‘‘Upper

Lake Valley’’. For purposes of part 4 of

this chapter, ‘‘Upper Lake Valley’’ 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 Upper

Lake Valley viticultural area are titled:

(1) Lakeport, 1958; photorevised 1978;

minor revision 1994;

(2) Upper Lake, 1996;

(3) Bartlett Mountain, 1996; and

(4) Lucerne, 1996.

viticultural area is located in Lake

County, California. The boundary of the

Upper Lake Valley viticultural area is as

described below:

(1) The beginning point is on the

Lakeport map at the intersection of

Lyons Creek and the western shore of

Clear Lake in Section 31, T15N/R9W.

From the beginning point, proceed

south in a straight line to an unnamed

light-duty road known locally as

Lafferty Road; then

(2) Proceed west along Lafferty Road

to its intersection with an unnamed

secondary highway known locally as

Lakeshore Boulevard; then

(3) Proceed north on Lakeshore

Boulevard to its intersection with an

unnamed light-duty road known locally

as Whalen Way; then

(4) Proceed west on Whalen Way to

its intersection with State Highway 29;

then

(5) Proceed north on State Highway

29, crossing onto the Upper Lake map,

to the intersection of the highway and

the southern boundary of Section 13,

T15N, R10W; then

(6) Proceed west along the southern

boundary of Sections 13 and 14 to the

intersection of the southern boundary of

Section 14 with the 1,600-foot elevation

contour; then

(7) Proceed in a generally

northwesterly direction along the

meandering 1,600-foot elevation contour

to its intersection with an unnamed,

unimproved road in Section 17, T15N/

R10W; then

(8) Proceed north in a straight line,

crossing Scotts Creek, to the 1,600-foot

elevation contour in Section 8, T15N/

R10W; then

(9) Proceed northeasterly, then

southeasterly along the 1,600-foot

elevation contour to its intersection

with an unnamed 4-wheel drive road in

Section 9, T15N/R10W; then

(10) Proceed northwest in a straight

line to the marked 2,325-foot elevation

point on Hell’s Peak; then

(11) Proceed southeast in a straight

line to the intersection of the 1,600-foot

elevation contour and the southern

boundary of Section 30 along the

Mendocino National Forest boundary,

T16N/R9W; then

(12) Proceed southeast along the

meandering 1,600-foot elevation contour

to its third intersection with the

Mendocino National Forest boundary,

along the eastern boundary of Section

31, T16N/R9W; then

(13) Proceed south, then west along

the Mendocino National Forest

boundary to its intersection with the

1,600-foot elevation contour along the

northern boundary of Section 5, T15N/

R9W; then

(14) Proceed southeasterly along the

meandering 1,600-foot elevation

contour, crossing onto the Bartlett

Mountain map, to the intersection of the

1,600-foot elevation contour and the

Mendocino National Forest boundary

along the eastern boundary of Section 9,

T15N/9RW; then

(15) Proceed south, then east along

the Mendocino National Forest

boundary to its intersection with the

1,600-foot elevation contour along the

northern boundary of Section 15, T15N/

R9W; then

(16) Proceed south, then northwest

along the meandering 1,600-foot

elevation contour, crossing onto the

Upper Lake map, and continuing

southeasterly along the 1,600-foot

elevation contour crossing back and

forth between the Bartlett Mountain

map and the Upper Lake map, to the

intersection of the 1,600-foot elevation

contour and an unimproved 4-wheel

drive road in Section 21, T15N/R9W;

then

(17) Continue southeast along the

1,600-foot elevation contour, crossing

onto the Lucerne map, to the

intersection of the 1,600-foot elevation

contour and an unimproved 4-wheel

drive road in Section 36, T15N/R9W;

then

(18) Proceed south in a straight line to

the shoreline of Clear Lake; then

(19) Proceed northeasterly along the

shoreline of Clear Lake, crossing onto

the Lakeport map, and continuing

southwesterly along the shoreline,

crossing Rodman Slough, to return to

the beginning point.

Signed: January 25, 2021.

Mary G. Ryan,

Administrator.

Approved: March 24, 2021.

Timothy E. Skud,

Deputy Assistant Secretary (Tax, Trade, and

Tariff Policy).

[FR Doc. 2021–07626 Filed 4–15–21; 8:45 am]

BILLING CODE 4810–31–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2, 15, 25, 27, and 101

[WT Docket No. 20–443; GN Docket No. 17–

183; DA 21–370; FR ID 20758]

Expanding Flexible Use of the 12.2–

12.7 GHz Band

AGENCY

: Federal Communications

Commission.

ACTION

: Proposed rule, extension of

comment and reply comment period.

SUMMARY

: In this document, the Federal

Communications Commission

(Commission) extends the comment and

reply comment period of the Notice of

the Proposed Rulemaking of the

proceeding that was released on January

15, 2021.

DATES

: The deadline for filing comments

is extended to May 7, 2021, and the

deadline for filing reply comments is

extended to June 7, 2021.

ADDRESSES

: You may submit comments,

identified by WT Docket No. 20–443

and GN Docket No. 17–183, by any of

the following methods:

•Electronic Filers: Comments may be

filed electronically using the internet by

accessing the ECFS: https://

www.fcc.gov/ecfs.

•Paper Filers: Parties who choose to

file by paper must file an original and

one copy of each filing. If more than one

docket or rulemaking number appears in

the caption of this proceeding, filers

must submit two additional copies for

each additional docket or rulemaking

number.

Filings can be sent by commercial

overnight courier, or by first-class or

overnight U.S. Postal Service mail. All

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Proposed Establishment of the Upper Lake Valley Viticultural Area and Modification of the Clear Lake Viticultural Area

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