80_FR_8561 80 FR 8529 - Establishment of the Fountaingrove District Viticultural Area

80 FR 8529 - Establishment of the Fountaingrove District Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 80, Issue 32 (February 18, 2015)

Page Range8529-8531
FR Document2015-03371

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 38,000-acre ``Fountaingrove District'' viticultural area in Sonoma County, California. The viticultural area lies entirely within the larger, multicounty 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.

Federal Register, Volume 80 Issue 32 (Wednesday, February 18, 2015)
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Rules and Regulations]
[Pages 8529-8531]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03371]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2014-0006; T.D. TTB-128; Ref: Notice No. 144]
RIN 1513-AC09


Establishment of the Fountaingrove District 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 38,000-acre ``Fountaingrove District'' viticultural 
area in Sonoma County, California. The viticultural area lies entirely 
within the larger, multicounty 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.

DATES: This final rule is effective March 20, 2015.

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 various 
authorities through Treasury Department Order 120-01 (Revised), dated 
December 10, 2013, to the TTB Administrator to perform the functions 
and duties in the administration and enforcement of this law.
    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 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.

Fountaingrove District Petition

    TTB received a petition from Douglas Grigg of Walnut Hill 
Vineyards, LLC, on behalf of the Fountaingrove Appellation Committee, 
proposing the establishment of the ``Fountaingrove District'' AVA in 
Sonoma County, California, northeast of the city of Santa Rosa. The 
committee originally proposed the name ``Fountaingrove,'' after the 
19th Century utopian community of Fountaingrove that once existed 
within the region of the proposed AVA. Before the publication of the 
proposed rule, the committee submitted to TTB a request to change the 
name to ``Fountaingrove District'' in order to avoid affecting current 
use of the word ``Fountaingrove,'' standing alone, in brand names on 
wine labels. The proposed AVA covers approximately 38,000 acres and has 
approximately 35 commercially-producing vineyards covering a total of 
500 acres.
    The proposed Fountaingrove District AVA is located entirely within 
the larger, multicounty North Coast AVA (27 CFR 9.30). The proposed AVA 
shares its boundaries with the established Russian River Valley (27 CFR 
9.66), Chalk Hill (27 CFR 9.52), Knights Valley (27 CFR 9.76), 
Calistoga (27 CFR 9.209), Diamond Mountain District (27 CFR 9.166), 
Spring Mountain District (27 CFR 9.143), and Sonoma Valley (27 CFR 
9.29) AVAs but does not overlap any of these AVAs.
    According to the petition, the distinguishing features of the 
proposed Fountaingrove District AVA are its topography, climate, and 
soils. The proposed AVA is located on the western slopes of the 
Mayacmas Mountains and features low, rolling hills as well as higher, 
steeper mountains with southwest-facing slopes. The Sonoma Mountains, 
along the southwestern boundary of the proposed AVA, shelter the 
proposed AVA from the strongest marine breezes and heaviest fog, but an 
air gap in the mountains does allow some cooling air and fog into the 
proposed AVA. The moderate temperatures within the proposed 
Fountaingrove District AVA are suitable for growing cabernet sauvignon, 
chardonnay, sauvignon blanc, merlot, cabernet franc, zinfandel, syrah, 
and voignier grape varieties. The proposed

[[Page 8530]]

AVA contains a variety of different soils, but most of the soils are 
derived from Sonoma Volcanic and Franciscan Formation bedrock and 
consist of volcanic materials, such as pumiceous ashflow tuff and 
basalt lava. The soils contain high levels of iron, which is essential 
for healthy vine growth, but also contain high levels of nickel, which 
can be toxic to grapevines unless the soil is ameliorated to reduce the 
level.
    To the west of the proposed Fountaingrove District AVA, the 
established Russian River Valley AVA is a low, broad valley with cooler 
temperatures and soil derived from river deposits. To the north, the 
Knights Valley AVA is warmer than the proposed AVA and contains broad 
stream valleys with soils derived from river deposits. Also to the 
north of the proposed AVA is the Chalk Hill AVA, which has temperatures 
and topography similar to the proposed AVA, but has soils that are 
derived primarily from river deposits. To the east, the Calistoga, 
Diamond Mountain District, and Spring Mountain District AVAs have 
northeast-facing slopes, warmer temperatures, and less soil diversity. 
To the south, the Sonoma Valley AVA is a large, broad valley with soils 
derived from river deposits and temperatures that are warmer than those 
of the proposed AVA.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 144 in the Federal Register on June 30, 
2014 (79 FR 36683), proposing to establish the Fountaingrove District 
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. 144.
    In Notice No. 144, TTB solicited comments on the accuracy of the 
name, boundary, and other required information submitted in support of 
the petition. In addition, TTB solicited comments on whether the 
geographic features of the proposed Fountaingrove District are so 
distinguishable from the established North Coast AVA that the proposed 
AVA should not be part of the established AVA. The comment period 
closed on August 29, 2014.

Comments Received

    In response to Notice No. 144, TTB received a total of four 
comments, all of which supported the establishment of the Fountaingrove 
District AVA. Commenters included three local vineyard and winery 
owners and one person who listed no affiliation. All of the comments 
generally supported the establishment of the proposed AVA due to its 
distinctive climate and soils and its long history as a wine region. 
One comment (comment 4) also supported the establishment of the 
proposed AVA as a way to honor the accomplishments of Kanaye Nagasawa, 
a Japanese citizen who managed the vineyards and winery of the 
Fountaingrove community and became one of the most prominent wine 
makers in California during the early 1900s.
    The comments did not raise any new issues concerning the proposed 
AVA. TTB received no comments opposing the establishment of the 
Fountaingrove District AVA. TTB also did not receive any comments in 
response to its question of whether the proposed Fountaingrove District 
AVA is so distinguishable from the established North Coast AVA that the 
proposed AVA should not be part of the established AVA.

TTB Determination

    After careful review of the petition and the comments received in 
response to Notice No. 144, TTB finds that the evidence provided by the 
petitioner supports the establishment of the Fountaingrove District 
AVA. Accordingly, under the authority of the FAA Act, section 1111(d) 
of the Homeland Security Act of 2002, and part 4 of the TTB 
regulations, TTB establishes the ``Fountaingrove District'' AVA in 
Sonoma County, California, effective 30 days from the publication date 
of this document.
    TTB has also determined that the Fountaingrove District AVA will 
remain part of the established North Coast AVA. As discussed in Notice 
No. 144, the Fountaingrove District AVA receives some of the marine 
breezes and fog that are the primary characteristics of the North Coast 
AVA. However, the Fountaingrove District AVA is also a unique 
microclimate within the larger AVA because the Mayacmas Mountains 
shelter the Fountaingrove District AVA from the strongest breezes and 
heaviest fog. Additionally, due to its smaller size, the Fountaingrove 
District AVA is more uniform in its geographical and climatic 
characteristics than the much larger, multicounty North Coast AVA.

Boundary Description

    See the narrative description of the boundary of the AVA in the 
regulatory text published at the end of this final rule.

Maps

    The petitioner provided the required maps, and they are listed 
below in the regulatory text.

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 this AVA, its name, ``Fountaingrove 
District,'' will be recognized as a name of viticultural significance 
under Sec.  4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The 
text of the regulation clarifies this point. Consequently, wine 
bottlers using the name ``Fountaingrove District'' 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 
``Fountaingrove,'' standing alone, as a term of viticultural 
significance due to the current use of ``Fountaingrove,'' standing 
alone, as a brand name on wine labels.
    The establishment of the Fountaingrove District AVA will not affect 
any existing AVA, and any bottlers using ``North Coast'' as an 
appellation of origin or in a brand name for wines made from grapes 
grown within the North Coast AVA will not be affected by the 
establishment of this new AVA. The establishment of the Fountaingrove 
District AVA will allow vintners to use ``Fountaingrove District''

[[Page 8531]]

and ``North Coast'' as appellations of origin for wines made primarily 
from grapes grown within the Fountaingrove District AVA if the wines 
meet the eligibility requirements for the appellation.

Regulatory Flexibility Act

    TTB certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. The 
regulation imposes no new reporting, recordkeeping, or other 
administrative requirement. Any benefit derived from the use of an AVA 
name would be the result of a proprietor's efforts and consumer 
acceptance of wines from that area. Therefore, no regulatory 
flexibility analysis is required.

Executive Order 12866

    It has been determined that this final rule is not a significant 
regulatory action as defined by Executive Order 12866 of September 30, 
1993. Therefore, no regulatory assessment is required.

Drafting Information

    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.  9.250 to read as follows:


Sec.  9.250  Fountaingrove District.

    (a) Name. The name of the viticultural area described in this 
section is ``Fountaingrove District.'' For purposes of part 4 of this 
chapter, ``Fountaingrove District'' 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 
Fountaingrove District viticultural area are titled:
    (1) Mark West Springs, CA; 1993;
    (2) Calistoga, CA; 1997;
    (3) Kenwood, CA; 1954; photorevised 1980; and
    (4) Santa Rosa, CA; 1994.
    (c) Boundary. The Fountaingrove District viticultural area is 
located in Sonoma County, California. The boundary of the Fountaingrove 
District viticultural area is as described below:
    (1) The beginning point is on the Mark West Springs map at the 
intersection of the shared Sonoma-Napa County line with Petrified 
Forest Road, section 3, T8N/R7W.
    (2) From the beginning point, proceed southeasterly along the 
Sonoma-Napa County line, crossing onto the Calistoga map and then the 
Kenwood map, to the marked 2,530-peak of an unnamed mountain, section 
9, T7N/R6W; then
    (3) Proceed west-southwest in a straight line to the marked 2,730-
foot summit of Mt. Hood, section 8, T7N/R6W; then
    (4) Proceed west-northwest in a straight line to the marked 1,542-
foot summit of Buzzard Peak, section 11, T7N/R7W; then
    (5) Proceed west-southwest in a straight line, crossing onto the 
Santa Rosa map, to the intersection of State Highway 12 and Los Alamos 
Road; then
    (6) Proceed due north in a straight line to the southern boundary 
of section 9, T7N/R7W; then
    (7) Proceed west-northwest along the southern boundaries of 
sections 9, 4, and 5, T7N/R7W, to the western boundary of the Los 
Guilicos Land Grant; then
    (8) Proceed west-southwest along the southern boundaries of 
sections 5, 6, and 7, T7N/R7W; then continue west-southwest along the 
southern boundaries of sections 12 and 11, T7N/R8W, to the point where 
the section 11 boundary becomes concurrent with an unnamed light-duty 
road known locally as Lewis Road; and then continue west-southwest 
along Lewis Road to the road's intersection with Mendocino Avenue in 
Santa Rosa; then
    (9) Proceed north-northwesterly along Mendocino Avenue to the 
road's intersection with an unnamed road known locally as Bicentennial 
Way; then
    (10) Proceed north in a straight line, crossing through the marked 
906-foot elevation peak in section 35, T8N/R8W, and, crossing on to the 
Mark West Springs map, continue to the line's intersection with Mark 
West Springs Road, section 26, T8N/R8W; then
    (11) Proceed northerly along Mark West Springs Road, which turns 
easterly and becomes Porter Creek Road, to the road's intersection with 
Franz Valley Road, section 12, T8N/R8W; then
    (12) Proceed northeasterly along Franz Valley Road to the western 
boundary of section 6, T8N/R7W; then
    (13) Proceed south along the western boundary of section 6, T8N/
R7W, to the southwest corner of section 6; then
    (14) Proceed east, then east-northeast along the southern 
boundaries of sections 6, 5, and 4, T8N/R7W, to the southeast corner of 
section 4; then
    (15) Proceed north along the eastern boundary of section 4, T8N/
R7W, to the Sonoma-Napa County line; then
    (16) Proceed easterly along the Sonoma-Napa County line to the 
beginning point.

    Dated: January 15, 2015.
Mary G. Ryan,
Acting Administrator.
    Approved: January 21, 2015.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2015-03371 Filed 2-17-15; 8:45 am]
BILLING CODE 4810-31-P



                                                                 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations                                        8529

                                                  Dated: February 12, 2015.                              Secretary has delegated various                         • The appropriate United States
                                                Kevin J. Wolf,                                           authorities through Treasury                          Geological Survey (USGS) map(s)
                                                Assistant Secretary for Export                           Department Order 120–01 (Revised),                    showing the location of the proposed
                                                Administration.                                          dated December 10, 2013, to the TTB                   AVA, with the boundary of the
                                                [FR Doc. 2015–03321 Filed 2–17–15; 8:45 am]              Administrator to perform the functions                proposed AVA clearly drawn thereon;
                                                BILLING CODE 3510–33–P                                   and duties in the administration and                  and
                                                                                                         enforcement of this law.                                • A detailed narrative description of
                                                                                                            Part 4 of the TTB regulations (27 CFR              the proposed AVA boundary based on
                                                DEPARTMENT OF THE TREASURY                               part 4) authorizes TTB to establish                   USGS map markings.
                                                                                                         definitive viticultural areas and regulate
                                                                                                                                                               Fountaingrove District Petition
                                                Alcohol and Tobacco Tax and Trade                        the use of their names as appellations of
                                                Bureau                                                   origin on wine labels and in wine                        TTB received a petition from Douglas
                                                                                                         advertisements. Part 9 of the TTB                     Grigg of Walnut Hill Vineyards, LLC, on
                                                                                                         regulations (27 CFR part 9) sets forth                behalf of the Fountaingrove Appellation
                                                27 CFR Part 9
                                                                                                         standards for the preparation and                     Committee, proposing the establishment
                                                [Docket No. TTB–2014–0006; T.D. TTB–128;                 submission of petitions for the                       of the ‘‘Fountaingrove District’’ AVA in
                                                Ref: Notice No. 144]                                                                                           Sonoma County, California, northeast of
                                                                                                         establishment or modification of
                                                RIN 1513–AC09                                            American viticultural areas (AVAs) and                the city of Santa Rosa. The committee
                                                                                                         lists the approved AVAs.                              originally proposed the name
                                                Establishment of the Fountaingrove                                                                             ‘‘Fountaingrove,’’ after the 19th Century
                                                District Viticultural Area                               Definition                                            utopian community of Fountaingrove
                                                                                                           Section 4.25(e)(1)(i) of the TTB                    that once existed within the region of
                                                AGENCY:  Alcohol and Tobacco Tax and                     regulations (27 CFR 4.25(e)(1)(i)) defines            the proposed AVA. Before the
                                                Trade Bureau, Treasury.                                  a viticultural area for American wine as              publication of the proposed rule, the
                                                ACTION: Final rule; Treasury decision.                   a delimited grape-growing region having               committee submitted to TTB a request
                                                                                                         distinguishing features, as described in              to change the name to ‘‘Fountaingrove
                                                SUMMARY:   The Alcohol and Tobacco Tax                   part 9 of the regulations, and a name                 District’’ in order to avoid affecting
                                                and Trade Bureau (TTB) establishes the                   and a delineated boundary, as                         current use of the word
                                                approximately 38,000-acre                                established in part 9 of the regulations.             ‘‘Fountaingrove,’’ standing alone, in
                                                ‘‘Fountaingrove District’’ viticultural                  These designations allow vintners and                 brand names on wine labels. The
                                                area in Sonoma County, California. The                   consumers to attribute a given quality,               proposed AVA covers approximately
                                                viticultural area lies entirely within the               reputation, or other characteristic of a              38,000 acres and has approximately 35
                                                larger, multicounty North Coast                          wine made from grapes grown in an area                commercially-producing vineyards
                                                viticultural area. TTB designates                        to the wine’s geographic origin. The                  covering a total of 500 acres.
                                                viticultural areas to allow vintners to                  establishment of AVAs allows vintners                    The proposed Fountaingrove District
                                                better describe the origin of their wines                to describe more accurately the origin of             AVA is located entirely within the
                                                and to allow consumers to better                         their wines to consumers and helps                    larger, multicounty North Coast AVA
                                                identify wines they may purchase.                        consumers to identify wines they may                  (27 CFR 9.30). The proposed AVA
                                                DATES: This final rule is effective March                purchase. Establishment of an AVA is                  shares its boundaries with the
                                                20, 2015.                                                neither an approval nor an endorsement                established Russian River Valley (27
                                                FOR FURTHER INFORMATION CONTACT:                         by TTB of the wine produced in that                   CFR 9.66), Chalk Hill (27 CFR 9.52),
                                                Karen A. Thornton, Regulations and                       area.                                                 Knights Valley (27 CFR 9.76), Calistoga
                                                Rulings Division, Alcohol and Tobacco                                                                          (27 CFR 9.209), Diamond Mountain
                                                                                                         Requirements                                          District (27 CFR 9.166), Spring
                                                Tax and Trade Bureau, 1310 G Street
                                                NW., Box 12, Washington, DC 20005;                         Section 4.25(e)(2) of the TTB                       Mountain District (27 CFR 9.143), and
                                                phone 202–453–1039, ext. 175.                            regulations (27 CFR 4.25(e)(2)) outlines              Sonoma Valley (27 CFR 9.29) AVAs but
                                                                                                         the procedure for proposing an AVA                    does not overlap any of these AVAs.
                                                SUPPLEMENTARY INFORMATION:
                                                                                                         and provides that any interested party                   According to the petition, the
                                                Background on Viticultural Areas                         may petition TTB to establish a grape-                distinguishing features of the proposed
                                                                                                         growing region as an AVA. Section 9.12                Fountaingrove District AVA are its
                                                TTB Authority                                                                                                  topography, climate, and soils. The
                                                                                                         of the TTB regulations (27 CFR 9.12)
                                                  Section 105(e) of the Federal Alcohol                  prescribes standards for petitions for the            proposed AVA is located on the western
                                                Administration Act (FAA Act), 27                         establishment or modification of AVAs.                slopes of the Mayacmas Mountains and
                                                U.S.C. 205(e), authorizes the Secretary                  Petitions to establish an AVA must                    features low, rolling hills as well as
                                                of the Treasury to prescribe regulations                 include the following:                                higher, steeper mountains with
                                                for the labeling of wine, distilled spirits,               • Evidence that the area within the                 southwest-facing slopes. The Sonoma
                                                and malt beverages. The FAA Act                          proposed AVA boundary is nationally                   Mountains, along the southwestern
                                                provides that these regulations should,                  or locally known by the AVA name                      boundary of the proposed AVA, shelter
                                                among other things, prohibit consumer                    specified in the petition;                            the proposed AVA from the strongest
                                                deception and the use of misleading                        • An explanation of the basis for                   marine breezes and heaviest fog, but an
                                                statements on labels and ensure that                     defining the boundary of the proposed                 air gap in the mountains does allow
                                                labels provide the consumer with                         AVA;                                                  some cooling air and fog into the
mstockstill on DSK4VPTVN1PROD with RULES




                                                adequate information as to the identity                    • A narrative description of the                    proposed AVA. The moderate
                                                and quality of the product. The Alcohol                  features of the proposed AVA affecting                temperatures within the proposed
                                                and Tobacco Tax and Trade Bureau                         viticulture, such as climate, geology,                Fountaingrove District AVA are suitable
                                                (TTB) administers the FAA Act                            soils, physical features, and elevation,              for growing cabernet sauvignon,
                                                pursuant to section 1111(d) of the                       that make the proposed AVA distinctive                chardonnay, sauvignon blanc, merlot,
                                                Homeland Security Act of 2002,                           and distinguish it from adjacent areas                cabernet franc, zinfandel, syrah, and
                                                codified at 6 U.S.C. 531(d). The                         outside the proposed AVA boundary;                    voignier grape varieties. The proposed


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                                                8530             Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations

                                                AVA contains a variety of different                      Comments Received                                     Boundary Description
                                                soils, but most of the soils are derived                                                                         See the narrative description of the
                                                from Sonoma Volcanic and Franciscan                         In response to Notice No. 144, TTB
                                                                                                         received a total of four comments, all of             boundary of the AVA in the regulatory
                                                Formation bedrock and consist of                                                                               text published at the end of this final
                                                volcanic materials, such as pumiceous                    which supported the establishment of
                                                                                                         the Fountaingrove District AVA.                       rule.
                                                ashflow tuff and basalt lava. The soils
                                                contain high levels of iron, which is                    Commenters included three local                       Maps
                                                essential for healthy vine growth, but                   vineyard and winery owners and one
                                                                                                         person who listed no affiliation. All of                The petitioner provided the required
                                                also contain high levels of nickel, which                                                                      maps, and they are listed below in the
                                                                                                         the comments generally supported the
                                                can be toxic to grapevines unless the                                                                          regulatory text.
                                                                                                         establishment of the proposed AVA due
                                                soil is ameliorated to reduce the level.
                                                                                                         to its distinctive climate and soils and              Impact on Current Wine Labels
                                                   To the west of the proposed                           its long history as a wine region. One
                                                Fountaingrove District AVA, the                          comment (comment 4) also supported                       Part 4 of the TTB regulations prohibits
                                                established Russian River Valley AVA is                  the establishment of the proposed AVA                 any label reference on a wine that
                                                a low, broad valley with cooler                          as a way to honor the accomplishments                 indicates or implies an origin other than
                                                temperatures and soil derived from river                 of Kanaye Nagasawa, a Japanese citizen                the wine’s true place of origin. For a
                                                deposits. To the north, the Knights                      who managed the vineyards and winery                  wine to be labeled with an AVA name
                                                Valley AVA is warmer than the                            of the Fountaingrove community and                    or with a brand name that includes an
                                                proposed AVA and contains broad                          became one of the most prominent wine                 AVA name, at least 85 percent of the
                                                stream valleys with soils derived from                   makers in California during the early                 wine must be derived from grapes
                                                river deposits. Also to the north of the                 1900s.                                                grown within the area represented by
                                                proposed AVA is the Chalk Hill AVA,                                                                            that name, and the wine must meet the
                                                                                                            The comments did not raise any new                 other conditions listed in 27 CFR
                                                which has temperatures and topography                    issues concerning the proposed AVA.
                                                similar to the proposed AVA, but has                                                                           4.25(e)(3). If the wine is not eligible for
                                                                                                         TTB received no comments opposing                     labeling with an AVA name and that
                                                soils that are derived primarily from                    the establishment of the Fountaingrove
                                                river deposits. To the east, the Calistoga,                                                                    name appears in the brand name, then
                                                                                                         District AVA. TTB also did not receive                the label is not in compliance and the
                                                Diamond Mountain District, and Spring                    any comments in response to its
                                                Mountain District AVAs have northeast-                                                                         bottler must change the brand name and
                                                                                                         question of whether the proposed                      obtain approval of a new label.
                                                facing slopes, warmer temperatures, and                  Fountaingrove District AVA is so
                                                less soil diversity. To the south, the                                                                         Similarly, if the AVA name appears in
                                                                                                         distinguishable from the established                  another reference on the label in a
                                                Sonoma Valley AVA is a large, broad                      North Coast AVA that the proposed
                                                valley with soils derived from river                                                                           misleading manner, the bottler would
                                                                                                         AVA should not be part of the                         have to obtain approval of a new label.
                                                deposits and temperatures that are                       established AVA.
                                                warmer than those of the proposed                                                                              Different rules apply if a wine has a
                                                AVA.                                                     TTB Determination                                     brand name containing an AVA name
                                                                                                                                                               that was used as a brand name on a
                                                Notice of Proposed Rulemaking and                           After careful review of the petition               label approved before July 7, 1986. See
                                                Comments Received                                        and the comments received in response                 27 CFR 4.39(i)(2) for details.
                                                                                                         to Notice No. 144, TTB finds that the                    With the establishment of this AVA,
                                                   TTB published Notice No. 144 in the                   evidence provided by the petitioner                   its name, ‘‘Fountaingrove District,’’ will
                                                Federal Register on June 30, 2014 (79                    supports the establishment of the                     be recognized as a name of viticultural
                                                FR 36683), proposing to establish the                    Fountaingrove District AVA.                           significance under § 4.39(i)(3) of the
                                                Fountaingrove District AVA. In the                       Accordingly, under the authority of the               TTB regulations (27 CFR 4.39(i)(3)). The
                                                notice, TTB summarized the evidence                      FAA Act, section 1111(d) of the                       text of the regulation clarifies this point.
                                                from the petition regarding the name,                    Homeland Security Act of 2002, and                    Consequently, wine bottlers using the
                                                boundary, and distinguishing features                    part 4 of the TTB regulations, TTB                    name ‘‘Fountaingrove District’’ in a
                                                for the proposed AVA. The notice also                    establishes the ‘‘Fountaingrove District’’            brand name, including a trademark, or
                                                compared the distinguishing features of                  AVA in Sonoma County, California,                     in another label reference as to the
                                                the proposed AVA to the surrounding                      effective 30 days from the publication                origin of the wine, will have to ensure
                                                areas. For a detailed description of the                 date of this document.                                that the product is eligible to use the
                                                evidence relating to the name,                              TTB has also determined that the                   AVA name as an appellation of origin.
                                                boundary, and distinguishing features of                 Fountaingrove District AVA will remain                TTB is not designating
                                                the proposed AVA, and for a detailed                     part of the established North Coast                   ‘‘Fountaingrove,’’ standing alone, as a
                                                comparison of the distinguishing                         AVA. As discussed in Notice No. 144,                  term of viticultural significance due to
                                                features of the proposed AVA to the                      the Fountaingrove District AVA receives               the current use of ‘‘Fountaingrove,’’
                                                surrounding areas, see Notice No. 144.                   some of the marine breezes and fog that               standing alone, as a brand name on
                                                   In Notice No. 144, TTB solicited                      are the primary characteristics of the                wine labels.
                                                comments on the accuracy of the name,                    North Coast AVA. However, the                            The establishment of the
                                                boundary, and other required                             Fountaingrove District AVA is also a                  Fountaingrove District AVA will not
                                                information submitted in support of the                  unique microclimate within the larger                 affect any existing AVA, and any
                                                petition. In addition, TTB solicited                     AVA because the Mayacmas Mountains                    bottlers using ‘‘North Coast’’ as an
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                                                comments on whether the geographic                       shelter the Fountaingrove District AVA                appellation of origin or in a brand name
                                                features of the proposed Fountaingrove                   from the strongest breezes and heaviest               for wines made from grapes grown
                                                District are so distinguishable from the                 fog. Additionally, due to its smaller size,           within the North Coast AVA will not be
                                                established North Coast AVA that the                     the Fountaingrove District AVA is more                affected by the establishment of this
                                                proposed AVA should not be part of the                   uniform in its geographical and climatic              new AVA. The establishment of the
                                                established AVA. The comment period                      characteristics than the much larger,                 Fountaingrove District AVA will allow
                                                closed on August 29, 2014.                               multicounty North Coast AVA.                          vintners to use ‘‘Fountaingrove District’’


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                                                                 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations                                              8531

                                                and ‘‘North Coast’’ as appellations of                      (3) Kenwood, CA; 1954; photorevised                  (12) Proceed northeasterly along
                                                origin for wines made primarily from                     1980; and                                             Franz Valley Road to the western
                                                grapes grown within the Fountaingrove                       (4) Santa Rosa, CA; 1994.                          boundary of section 6, T8N/R7W; then
                                                District AVA if the wines meet the                          (c) Boundary. The Fountaingrove                      (13) Proceed south along the western
                                                eligibility requirements for the                         District viticultural area is located in              boundary of section 6, T8N/R7W, to the
                                                appellation.                                             Sonoma County, California. The                        southwest corner of section 6; then
                                                                                                         boundary of the Fountaingrove District                  (14) Proceed east, then east-northeast
                                                Regulatory Flexibility Act                                                                                     along the southern boundaries of
                                                                                                         viticultural area is as described below:
                                                   TTB certifies that this regulation will                  (1) The beginning point is on the                  sections 6, 5, and 4, T8N/R7W, to the
                                                not have a significant economic impact                   Mark West Springs map at the                          southeast corner of section 4; then
                                                on a substantial number of small                         intersection of the shared Sonoma-Napa                  (15) Proceed north along the eastern
                                                entities. The regulation imposes no new                  County line with Petrified Forest Road,               boundary of section 4, T8N/R7W, to the
                                                reporting, recordkeeping, or other                       section 3, T8N/R7W.                                   Sonoma-Napa County line; then
                                                administrative requirement. Any benefit                     (2) From the beginning point, proceed                (16) Proceed easterly along the
                                                derived from the use of an AVA name                      southeasterly along the Sonoma-Napa                   Sonoma-Napa County line to the
                                                would be the result of a proprietor’s                    County line, crossing onto the Calistoga              beginning point.
                                                efforts and consumer acceptance of                       map and then the Kenwood map, to the                    Dated: January 15, 2015.
                                                wines from that area. Therefore, no                      marked 2,530-peak of an unnamed                       Mary G. Ryan,
                                                regulatory flexibility analysis is                       mountain, section 9, T7N/R6W; then                    Acting Administrator.
                                                required.                                                   (3) Proceed west-southwest in a                      Approved: January 21, 2015.
                                                Executive Order 12866                                    straight line to the marked 2,730-foot                Timothy E. Skud,
                                                                                                         summit of Mt. Hood, section 8, T7N/
                                                  It has been determined that this final                 R6W; then
                                                                                                                                                               Deputy Assistant Secretary (Tax, Trade, and
                                                rule is not a significant regulatory action                                                                    Tariff Policy).
                                                                                                            (4) Proceed west-northwest in a
                                                as defined by Executive Order 12866 of                   straight line to the marked 1,542-foot
                                                                                                                                                               [FR Doc. 2015–03371 Filed 2–17–15; 8:45 am]
                                                September 30, 1993. Therefore, no                        summit of Buzzard Peak, section 11,                   BILLING CODE 4810–31–P
                                                regulatory assessment is required.                       T7N/R7W; then
                                                Drafting Information                                        (5) Proceed west-southwest in a
                                                                                                         straight line, crossing onto the Santa                DEPARTMENT OF THE TREASURY
                                                  Karen A. Thornton of the Regulations
                                                and Rulings Division drafted this final                  Rosa map, to the intersection of State
                                                                                                                                                               Office of Foreign Assets Control
                                                rule.                                                    Highway 12 and Los Alamos Road; then
                                                                                                            (6) Proceed due north in a straight
                                                List of Subjects in 27 CFR Part 9                                                                              31 CFR Part 538
                                                                                                         line to the southern boundary of section
                                                  Wine.                                                  9, T7N/R7W; then                                      Sudanese Sanctions Regulations
                                                                                                            (7) Proceed west-northwest along the
                                                The Regulatory Amendment                                 southern boundaries of sections 9, 4,                 AGENCY:  Office of Foreign Assets
                                                   For the reasons discussed in the                      and 5, T7N/R7W, to the western                        Control, Treasury.
                                                preamble, TTB amends title 27, chapter                   boundary of the Los Guilicos Land                     ACTION: Final rule.
                                                I, part 9, Code of Federal Regulations, as               Grant; then
                                                follows:                                                    (8) Proceed west-southwest along the               SUMMARY:   The Department of the
                                                                                                         southern boundaries of sections 5, 6,                 Treasury’s Office of Foreign Assets
                                                PART 9—AMERICAN VITICULTURAL                             and 7, T7N/R7W; then continue west-                   Control (OFAC) is adopting a final rule
                                                AREAS                                                    southwest along the southern                          amending the Sudanese Sanctions
                                                                                                         boundaries of sections 12 and 11, T7N/                Regulations (the ‘‘SSR’’) by adding a
                                                ■ 1. The authority citation for part 9                   R8W, to the point where the section 11                general license pertaining to certain
                                                continues to read as follows:                            boundary becomes concurrent with an                   software, hardware, and services
                                                    Authority: 27 U.S.C. 205.                            unnamed light-duty road known locally                 incident to personal communications.
                                                                                                         as Lewis Road; and then continue west-                OFAC is also making other technical
                                                Subpart C—Approved American                              southwest along Lewis Road to the                     and conforming changes.
                                                Viticultural Areas                                       road’s intersection with Mendocino                    DATES: Effective: February 18, 2015.

                                                ■ 2. Subpart C is amended by adding                      Avenue in Santa Rosa; then                            FOR FURTHER INFORMATION CONTACT:
                                                § 9.250 to read as follows:                                 (9) Proceed north-northwesterly along              Assistant Director for Licensing, tel.:
                                                                                                         Mendocino Avenue to the road’s                        202/622–2480, Assistant Director for
                                                § 9.250   Fountaingrove District.                        intersection with an unnamed road                     Policy, tel.: 202/622–6746, Assistant
                                                   (a) Name. The name of the viticultural                known locally as Bicentennial Way;                    Director for Regulatory Affairs, tel.: 202/
                                                area described in this section is                        then                                                  622–4855, Assistant Director for
                                                ‘‘Fountaingrove District.’’ For purposes                    (10) Proceed north in a straight line,             Sanctions Compliance & Evaluation,
                                                of part 4 of this chapter, ‘‘Fountaingrove               crossing through the marked 906-foot                  tel.: 202/622–2490, Office of Foreign
                                                District’’ is a term of viticultural                     elevation peak in section 35, T8N/R8W,                Assets Control, or Chief Counsel
                                                significance.                                            and, crossing on to the Mark West                     (Foreign Assets Control), tel.: 202/622–
                                                   (b) Approved maps. The four United                    Springs map, continue to the line’s                   2410, Office of the General Counsel,
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                                                States Geological Survey (USGS)                          intersection with Mark West Springs                   Department of the Treasury (not toll free
                                                1:24,000 scale topographic maps used to                  Road, section 26, T8N/R8W; then                       numbers).
                                                determine the boundary of the                               (11) Proceed northerly along Mark                  SUPPLEMENTARY INFORMATION:
                                                Fountaingrove District viticultural area                 West Springs Road, which turns easterly
                                                                                                         and becomes Porter Creek Road, to the                 Electronic and Facsimile Availability
                                                are titled:
                                                   (1) Mark West Springs, CA; 1993;                      road’s intersection with Franz Valley                   This document and additional
                                                   (2) Calistoga, CA; 1997;                              Road, section 12, T8N/R8W; then                       information concerning OFAC are


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Document Created: 2018-02-16 11:10:05
Document Modified: 2018-02-16 11:10:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; Treasury decision.
DatesThis final rule is effective March 20, 2015.
ContactKaren 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.
FR Citation80 FR 8529 
RIN Number1513-AC09

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