[Federal Register Volume 59, Number 231 (Friday, December 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29632]
[[Page Unknown]]
[Federal Register: December 2, 1994]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[Notice No. 802]
RIN 1512-AA07
Cucamonga Valley Viticultural Area (94F-011P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is
considering the establishment of a viticultural area located in San
Bernardino and Riverside Counties, California, to be known as
``Cucamonga Valley.'' This proposal is the result of a petition filed
by Gino L. Filippi of J. Filippi Vintage Co. on behalf of himself and
other growers and wineries in the area.
ATF believes that the establishment of viticultural areas and the
subsequent use of viticultural area names as appellations of origin in
wine labeling and advertising allows wineries to designate the specific
areas where the grapes used to make the wine were grown and enables
consumers to better identify the wines they purchase.
DATES: Written comments must be received by January 31, 1995.
ADDRESSES: Send written comments to: Chief, Wine, Beer and Spirits
Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, P.O. Box
50221, Washington, DC 20091-0221, Attn: Notice No. 802. Copies of
written comments received in response to this notice of proposed
rulemaking will be available for public inspection during normal
business hours at: ATF Reference Library, Room 6480, 650 Massachusetts
Avenue, NW, Washington, DC 20226.
FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Wine, Beer and
Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms,
650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8230).
SUPPLEMENTARY INFORMATION:
Background
On August 23, 1978, ATF published Treasury Decision ATF-53 (43 FR
37672, 54624) revising regulations in 27 CFR part 4. These regulations
allow the establishment of definite American viticultural areas. The
regulations also allow the name of an approved viticultural area to be
used as an appellation of origin in the labeling and advertising of
wine.
On October 2, 1979, ATF published Treasury Decision ATF-60 (44 FR
56692) which added a new part 9 to 27 CFR, providing for the listing of
approved American viticultural areas. Section 4.25a(e)(1), Title 27,
CFR, defines an American viticultural area as a delimited grape-growing
region distinguishable by geographical features, the boundaries of
which have been delineated in subpart C of part 9. Section 4.25a(e)(2)
outlines the procedure for proposing an American viticultural area. Any
interested person may petition ATF to establish a grape-growing region
as a viticultural area. The petition should include:
(a) Evidence that the name of the proposed viticultural area is
locally and/or nationally known as referring to the area specified in
the petition;
(b) Historical or current evidence that the boundaries of the
viticultural area are as specified in the petition;
(c) Evidence relating to the geographical features (climate, soil,
elevation, physical features, etc.) which distinguish the viticultural
features of the proposed area from surrounding areas;
(d) A description of the specific boundaries of the viticultural
area, based on features which can be found on United States Geological
Survey (U.S.G.S.) maps of the largest applicable scale; and
(e) A copy of the appropriate U.S.G.S. map(s) with the boundaries
prominently marked.
Petition
ATF has received a petition from Gino L. Filippi of J. Filippi
Vintage Co. proposing to establish a viticultural area in San
Bernardino County, California, to be known as ``Cucamonga Valley.'' The
proposed viticultural area is located in southern California, about 45
miles east of the city of Los Angeles. It contains approximately
109,400 acres. The petitioner states that wine grapes, probably the
mission variety, were first planted in the Cucamonga Valley in 1839 or
1840, ``undoubtedly one of the first large plantings of grapes in
California.'' According to the petitioner the wine industry in the
Cucamonga Valley grew during the late nineteenth and early twentieth
centuries, reaching ``its peak in the 1940's and 1950's with over 60
wineries producing from approximately 35,000 acres.'' Today, there are
five bonded wineries within the proposed area, and approximately 2,000
acres are planted to wine grapes. The petitioner notes ``the area's
great history and heritage of wine growing and winemaking is truly more
impressive than the number of acres currently farmed.''
The petition was also signed by Philo Biane of Rancho de Philo
Winery, Rene Biane of Guasti Plaza, Don Galleano of Galleano Winery,
Paul Hofer III of Hofer Ranch, LeAnn Smothers of the City of Rancho
Cucamonga, and Jeff Wilson, of Inland Empire West Resource Conservation
District.
Evidence of Name
Evidence that the name of the proposed area is locally and/or
nationally known as referring to the area specified in the petition
includes:
(a) Leon D. Adams, in The Wines of America, describes the Cucamonga
Valley as follows:
The Cucamonga Valley, forty-five miles east of Los Angeles, has
grown the bulk of Southern California wine during the present
century. The vineyard area extends from Ontario east to Fontana and
from the base of the San Gabriel Mountains southward to the Jurupa
Hills in Riverside County. The climate, though tempered by winds
from the ocean, is as warm as the northern San Joaquin Valley and is
classed as Region IV.
(b) The petitioner provided a copy of an article published in The
Sun, a San Bernardino, California, newspaper, on March 30, 1994. The
article, titled ``Fontana winery soaks up more awards,'' described
awards won by two wines from J. Filippi Vintage Co. at a recent
competition and stated that the ``Ruby Port is produced from Cucamonga
Valley grapes, renowned for sherry and port wines.''
(c) The petitioner also provided an excerpt of a letter dated
August 20, 1991, from the San Bernardino County Archives to the
Riverside County Historical Commission discussing designation of the
Galleano Winery as a landmark. The excerpt makes several references to
the Cucamonga Valley, mentioning locations within the proposed area
such as Rancho Cucamonga, Fontana, Ontario and Mira Loma.
Evidence of Boundaries
As evidence that the proposed boundaries for the area are as
specified in the petition, the previously cited excerpt from The Wines
of America, by Leon D. Adams, states that the vineyard area of the
Cucamonga Valley ``extends from Ontario east to Fontana and from the
base of the San Gabriel Mountains southward to the Jurupa Hills in
Riverside County.'' The San Gabriel Mountains form the northern
boundary of the proposed area, and the Jurupa Hills form the eastern
part of the southern boundary. The towns of Fontana and Ontario are
both within the proposed area.
The petitioner proposes using the 560' elevation line as the
western portion of the southern boundary. He states the area south of
that elevation has poor drainage and is mainly used for dairy farming.
In support of Euclid Avenue as the western boundary for the
proposed viticultural area, the petitioner gave historical information.
He stated that the area west of Euclid Avenue ``was subjected to
flooding from the San Antonio Canyon. In the 1940's several flood
control construction projects began to solve the problem. Historically,
agriculture in this area (Upland, CA) was citrus (lemons and
oranges).'' He stated that citrus trees were grown there because there
was a good water source and better drainage than within the proposed
viticultural area to the east of Euclid Avenue.
The eastern boundary, made up of Lytle Creek Wash, Warm River, and
the Santa Ana River, marks a shift in the type of soil and the ability
of the soils to drain. These characteristics will be discussed in
detail in the section of the background material on soils.
Geographical Features
The petitioner describes the proposed viticultural area as follows:
Cucamonga Valley is an east-west oriented valley. The San
Gabriel mountains form the valley's northern boundary. The San
Antonio Creek, Cucamonga Creek, Deer Creek, Day Creek, San Sevaine
Creeks, from west to east respectively, spread out to form alluvial
fans as they descend the foothills and emerge in the Cucamonga
Plain. These fans contain sand and silt deposits that create a rich
mixture of fertile soil.
The petitioner seeks viticultural area designation for the area
described above and the valley drained by the Cucamonga Creek to the
south of this alluvial fan. According to the petitioner, these areas
share characteristics of topography, soil composition and climate which
distinguish the proposed viticultural area from the surrounding areas.
The petitioner provided the following evidence to support his claims:
Topography
The U.S.G.S. topographic maps submitted by the petitioner show the
proposed area slopes gradually from 2,000 feet at the northern boundary
to 560 feet at the southern boundary. The petitioner describes the San
Gabriel mountains to the north of the proposed area as ``a great wall,
from 8,000 to 10,000 feet high.'' The Jurupa Mountains to the southeast
of the proposed area offer another contrast as they rise steeply from
the valley floor to form part of the southern boundary. The balance of
the southern boundary, the 560 foot contour line, was chosen because
the area at lower elevations was poorly drained and was traditionally
used for dairy farming; furthermore, the nearby Prado Dam is scheduled
to be raised, so the area to the south of the 560 foot contour line
will be flooded.
Soil
The petitioner describes the soil in the proposed area as
``alluvial valley floors, fans and terraces . . . derived from granitic
rock from the San Gabriel formation in the north.'' He further states
that the wine grape vineyards in the region are ``found to be located
on Delhi, Hanford, Tujunga, Gorgonio and Hilmar soil series'' and
``most vineyards are nearly level to moderately sloping (0-15O).''
The General Soil Map for southwestern San Bernardino County
describes these associations as very deep, ``dominantly brownish soils
that are coarse textured throughout'' and ``somewhat excessively
drained to excessively drained.'' On this map, the proposed eastern
boundary in particular is distinguished by a change in the soil
composition to the Hanford-Greenfield-San Emigdio association, finer
textured and less well drained than the soils within the proposed area.
The mountainous areas to the north and southeast of the proposed area
have shallower soils over granite, schist and sandstone.
Climate
The petitioner states that the climate in the proposed area is
``well-suited for viticulture. * * * There are relatively few nights
below freezing in the winter and summer days can be very hot, reaching
temperatures over 100 degrees Fahrenheit.'' According to the
petitioner, the climate is classed as Region IV, with a heat summation
in the 3,501 to 4,000 degree F. range. He states this corresponds to
the Ukiah, Davis and Lodi areas of California, and is warmer than the
Santa Barbara, Santa Rosa and Santa Maria areas to the north and the
Temecula and Rancho California areas to the south.
Proposed Boundary
The boundary of the proposed Cucamonga Valley viticultural area may
be found on ten United States Geological Survey (U.S.G.S.) maps with a
scale of 1:24000. The boundary is described in Sec. 9.150.
Executive Order 12866
It has been determined that this proposed regulation is not a
significant regulatory action as defined in Executive Order 12866.
Accordingly, this proposal is not subject to the analysis required by
this Executive Order.
Regulatory Flexibility Act
It is hereby certified that this regulation will not have a
significant economic impact on a substantial number of small entities.
Any benefit derived from the use of a viticultural area name is the
result of the proprietor's own efforts and consumer acceptance of wines
from a particular area. No new recordkeeping or reporting requirements
are proposed. Accordingly, a regulatory flexibility analysis is not
required.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1980, Public Law
96-511, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR
part 1320, do not apply to this notice of proposed rulemaking because
no requirement to collect information is proposed.
Public Participation
ATF requests comments from all interested parties. We are
particularly interested in comments concerning the proposed western
boundary, Euclid Avenue. Comments received on or before the closing
date will be carefully considered. Comments received after that date
will be given the same consideration if it is practical to do so, but
assurance of consideration cannot be given except as to comments
received on or before the closing date.
ATF will not recognize any comment as confidential. Comments may be
disclosed to the public. Any material which a commenter considers to be
confidential or inappropriate for disclosure to the public should not
be included in the comment. The name of the person submitting a comment
is not exempt from disclosure. During the comment period, any person
may request an opportunity to present oral testimony at a public
hearing. However, the Director reserves the right to determine, in
light of all circumstances, whether a public hearing will be held.
Drafting Information
The principal author of this document is Marjorie D. Ruhf, Wine,
Beer and Spirits Regulations Branch, Bureau of Alcohol, Tobacco and
Firearms.
List of Subjects in 27 CFR Part 9
Administrative practices and procedures, Consumer protection,
Viticultural areas, and Wine.
Authority and Issuance
Title 27, Code of Federal Regulations, part 9, American
Viticultural Areas, is proposed to be amended as follows:
PART 9--AMERICAN VITICULTURAL AREAS
Paragraph 1. The authority citation for part 9 continues to read as
follows:
Authority: 27 U.S.C. 205.
Par. 2. Subpart C is amended by adding Sec. 9.150 to read as
follows:
Subpart C--Approved American Viticultural Areas
* * * * *
Sec. 9.150 Cucamonga Valley.
(a) Name. The name of the viticultural area described in this
section is ``Cucamonga Valley.''
(b) Approved maps. The appropriate maps for determining the
boundary of the Cucamonga Valley viticultural area are the following
ten U.S.G.S. topographical maps (7.5 minute series 1:24000 scale):
(1) ``Mt. Baldy, Calif.,'' 1967, photorevised 1988.
(2) ``Cucamonga Peak, Calif.,'' 1966, photorevised 1988.
(3) ``Devore, Calif.,'' 1966, photorevised 1988.
(4) ``San Bernardino North, Calif.,'' 1967, photorevised 1988.
(5) ``Ontario, Calif.,'' 1967, photorevised 1981.
(6) ``Guasti, Calif.,'' 1966, photorevised 1981.
(7) ``Fontana, Calif.,'' 1967, photorevised 1980.
(8) ``San Bernardino South, Calif.,'' 1967, photorevised 1980.
(9) ``Prado Dam, Calif.,'' 1967, photorevised 1981.
(10) ``Corona North, Calif.,'' 1967, photorevised 1981.
(c) Boundary. The Cucamonga Valley viticultural area is located in
San Bernardino and Riverside Counties, California. The boundary is as
follows:
(1) The beginning point is the intersection of Euclid Avenue and
24th Street on the Mt. Baldy, Calif. U.S.G.S. map;
(2) From the beginning point, the boundary follows 24th Street east
for approximately 0.3 mile, until it reaches the intersection of 24th
Street with two unnamed light-duty streets to the north;
(3) The boundary then diverges from 24th Street and goes straight
north for approximately 0.3 mile, until it reaches the 2,000 foot
contour line;
(4) The boundary then follows the 2,000 foot contour line in a
generally easterly direction across the Cucamonga Peak, Calif.,
U.S.G.S. map and onto the Devore, Calif., U.S.G.S. map until it reaches
Lytle Creek Wash;
(5) The boundary follows the intermittent stream in Lytle Creek
Wash in a southeasterly direction to the end of the intermittent stream
on the Devore, Calif., U.S.G.S. map;
(6) The boundary then continues through Lytle Creek Wash,
proceeding southeast in a straight line from the end of the
intermittent stream, across the southwest corner of the San Bernardino
North, Calif., U.S.G.S. map and onto the San Bernardino, South, Calif.,
U.S.G.S. map, to the northernmost point of the flood control basin at
the end of the Lytle Creek Wash, a distance of approximately 4.3 miles;
(7) The boundary then proceeds in a straight line south-southeast
across the flood control basin to the point where Lytle Creek Channel
exits the basin;
(8) The boundary continues along Lytle Creek Channel until it
empties into Warm Creek;
(9) The boundary then follows Warm Creek until it meets the Santa
Ana River;
(10) The boundary then follows the western edge of the Santa Ana
River in a generally southwesterly direction until it meets the San
Bernardino--Riverside County line;
(11) The boundary follows the county line west, crossing onto the
Guasti, Calif., U.S.G.S. map, until it reaches the unnamed channel
between Etiwanda and Mulberry Avenues (identified by the petitioner as
Etiwanda Creek Channel);
(12) The boundary then follows Etiwanda Creek Channel in a
southerly direction until it parallels Bain Street;
(13) The boundary then diverges from Etiwanda Creek Channel and
follows Bain Street south until it ends at Limonite Avenue in the
northeast corner of the Corona North, Calif., U.S.G.S. map;
(14) The boundary then continues south in a straight line until it
reaches the northern shore of the Santa Ana River;
(15) The boundary then follows the north shore of the Santa Ana
River until it intersects the 560 foot contour line in Section 1 T3S/
R7W;
(16) The boundary then follows the 560' contour line to the north
of the Santa Ana River in a generally westerly direction until it
reaches Euclid Avenue on the Prado Dam, Calif., U.S.G.S. map;
(17) The boundary then follows Euclid Avenue north to the point of
beginning.
Approved: November 8, 1994.
Daniel R. Black,
Acting Director.
[FR Doc. 94-29632 Filed 12-1-94; 8:45 am]
BILLING CODE 4810-31-P
