[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7066]
[[Page Unknown]]
[Federal Register: March 25, 1994]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[T.D. ATF-356; RE: Notice No. 783]
RIN 1512-AA07
The Hames Valley Viticultural Area (93F-009P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.
ACTION: Final rule, Treasury decision.
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SUMMARY: This final rule establishes a viticultural area in southern
Monterey County, California, to be known as ``Hames Valley.'' The
petition was submitted by Mr. Barry C. Jackson of the Harmony Wine
Company on behalf of Valley Farm Management, Soledad, California, and
Mr. Bob Denney & Associates, Visalia, California. The establishment of
viticultural areas and the subsequent use of viticultural area names as
appellations of origin in wine labeling and advertising will help
consumers better identify the wines they may purchase, and will help
winemakers distinguish their products from wines made in other areas.
EFFECTIVE DATE: April 25, 1994.
FOR FURTHER INFORMATION CONTACT: Robert White, Wine and Beer 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 definitive viticultural areas. The
regulations allow the name of an approved viticultural area to be used
as an appellation of origin on wine labels and in wine advertisements.
On October 2, 1979, ATF published Treasury Decision ATF-60 (44 FR
56692) which added a new part 9 to 27 CFR, 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 the 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 with the boundaries
prominently marked.
Petition
ATF received a petition from Mr. Barry C. Jackson of the Harmony
Wine Company to establish a viticultural area in southern Monterey
County, California, to be known as ``Hames Valley.'' Mr. Jackson
submitted the petition on behalf of Valley Farm Management, Soledad,
California, and Mr. Bob Denney & Associates, Visalia, California. The
Hames Valley viticultural area is located approximately three miles
west of the town of Bradley and some seven miles north of Lake
Nacimiento. It is located totally within the larger and previously
established Monterey viticultural area. As stated in the original
petition and letter from the petitioner dated April 27, 1993, there are
several existing vineyards within the area that comprise approximately
630 acres planted to grapes. No wineries are currently located within
the Hames Valley area. The size of the area is about sixteen square
miles or approximately 10,240 acres.
Notice of Proposed Rulemaking
In response to Mr. Jackson's petition, ATF published a notice of
proposed rulemaking, Notice No. 783, in the Federal Register on October
27, 1993 (58 FR 57764), proposing the establishment of the Hames Valley
viticultural area. The notice requested comments from all interested
persons by December 27, 1993.
Comments to Notice of Proposed Rulemaking
One comment was received in response to the notice of proposed
rulemaking (Notice No. 783). The comment was from Mr. Robert H. Denney
and Ms. Shelley B. Denney of Robert Denney & Associates, one of the
petitioners for the establishment of the Hames Valley viticultural
area. This commenter states that the existing Monterey viticultural
area covers a vast geographic and climatic area, from the cool Salinas
Valley floor area close to Monterey Bay to inland valleys and foothills
seventy miles to the south.
According to Mr. and Ms. Denney, these southern valleys exhibit
vastly different coastal influences and growing conditions. As a
result, the varieties grown, their yields, quality characteristics and
flavor components vary widely from Soledad on the north to Hames Valley
on the south.
Mr. and Ms. Denney state that, as growers and small business
people, it is important to their economic well being to be able to
differentiate the wine grapes they grow in Hames Valley from those
produced in the cooler regions of the Monterey viticultural area. They
further state that by being able to differentiate their grapes and,
ultimately through their own efforts, the wineries that purchase their
grapes, as well as the consumer, can identify and seek out their
product for its unique character.
Evidence That Viticultural Area Name Is Widely Known
The name Hames Valley has been associated with this area since the
latter part of the nineteenth century. The petitioner cites Donald T.
Clark, Monterey County Place Names, p. 201 (1991), which states that
the valley was named for John Hames who had extensive land holdings in
the area. In addition, the name Hames Valley appears on the U.S.G.S.
Bradley Quadrangle, 15 minute series, map of Bradley, California, and
also appears on the U.S.G.S. 7.5 minute series map entitled Hames
Valley. Additionally, the petitioner notes that there is a creek which
runs through the valley named Hames Creek.
Evidence of Boundaries
Hames Valley is located in the eastern foothills of the Santa Lucia
Range, west of the confluence of the Salinas, San Antonio, and
Nacimiento Rivers. The watershed of Hames Creek is the defining feature
of the appellation. Hames Valley is located wholly within the larger,
previously approved Monterey viticultural area. A portion of the
boundaries of the Monterey viticultural area form the northern and
western boundaries of Hames Valley. Swain Valley and the Salinas River
form part of the eastern boundary. The ridgeline that separates Hames
Valley from the San Antonio River forms the balance of the eastern and
southern boundaries.
Geographical Features
Hames Valley is a small east-west oriented valley, west of the
generally north-south orientation of the meandering Salinas River.
Formed by the watershed of Hames Creek, Hames Valley thrusts its way
seven miles into the eastern flank of the Santa Lucia Mountains. Hames
Creek empties into the Salinas River approximately two miles downstream
from the confluence of the San Antonio and Salinas Rivers. Hames Valley
is separated from the San Antonio River by a ridge averaging 1,500 feet
in elevation, the highest peak at 1,984 feet. A similar ridgeline forms
the northern boundary and separates Hames Valley from the Salinas
River.
The general topography within the valley consists of gently sloping
alluvial fans and associated terraces. Drainages are generally well
defined.
Soils
The petitioner submitted a composite map of the Hames Valley area
compiled from the Soil Survey of Monterey County, California, U.S.D.A.
Soil Conservation Service, U.S. Forestry Service, University of
California Agricultural Experiment Station (1972). According to this
map, the principal soils in the area are gravelly sandy loams of the
Lockwood series. These comprise approximately 75 percent of the soil
types present. Lesser amounts of Chamise shaly loams and Nacimiento
silty clay loams are also present. All current viticulture takes place
in the Lockwood series soils. Soils in the surrounding areas are also
silty and shaly loams, but are located on 30 to 50 percent slopes and
are of different compositions. The preponderance of the Lockwood shaly
clay loam and the geomorphology (flat, well defined valley floor) set
the Hames Valley apart from the surrounding mountainous areas.
Climate
With regard to climate, the petitioner submitted a study by A.N.
Kasimatis, Extension Viticulturist, University of California, Davis
(August 7, 1970). The study shows that heat summation for the Hames
Valley-Bradley area is generally in the 3200 to 3500 degree-day range.
This corresponds to a warm region III, similar to the King City and
Paso Robles areas. This differs from the generally cooler climate
(region I/II) for the Gonzales, Soledad, and Greenfield area, farther
north.
Regarding other climatic factors, the petitioner stated that
rainfall in the Hames Valley area averages 10 to 12 inches annually.
The petitioner further stated that the east-west axis of the Hames
Valley relative to the north-south orientation of the Salinas Valley
results in a reduced wind stress factor in the Hames Valley area.
Windspeed builds up later in the day and at reduced velocities relative
to the ``wind-tunnel'' effect in the Gonzales-Soledad-Greenfield area.
This results in shorter overall exposure to wind stress, from both a
time and wind velocity standpoint.
In sum, the following factors differentiate the Hames Valley from
the adjacent Salinas Valley:
(a) An east-west axis relative to the general north-south
orientation of the Salinas Valley.
(b) A generally warmer microclimate: Region III vs. region I/II.
(c) Higher overall elevation: 500 to 800 feet for Hames Valley, 100
to 500 feet for the Salinas Valley.
(d) Later daily windspeed build-up and duration of wind.
(e) More homogeneous soil profile: Hames Valley with one principal
soil type; Salinas Valley, over 70 soil types.
(f) Geographically distinct and separate from the Salinas River
Valley.
Viticultural Area Boundary
The boundary of the Hames Valley viticultural area may be found on
one United States Geological Survey map, entitled Bradley Quadrangle,
15 minute series, with a scale of 1:62,500. The boundary is described
in Sec. 9.147.
Executive Order 12866
It has been determined that this rule is not a significant
regulatory action, because it will not (1) Have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
Executive Order 12866.
Regulatory Flexibility Act
It is hereby certified that this regulation will not have a
significant economic impact on a substantial number of small entities.
The establishment of a viticultural area is neither an endorsement nor
approval by ATF of the quality of wine produced in the area, but rather
an identification of an area that is distinct from surrounding areas.
This process merely allows wineries to more accurately describe the
origin of their wines to consumers, and helps consumers identify the
wines they purchase. Designation of a viticultural area itself has no
significant economic impact because any commercial advantage can come
only from consumer acceptance of wines made from grapes grown within
the area. In addition, no new recordkeeping or reporting requirements
are imposed. Accordingly, a regulatory flexibility analysis is not
required.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1980, Pub. L. 96-
511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR part
1320, do not apply to this final rule because no requirement to collect
information is imposed.
Drafting Information
The principal author of this document is Robert White, Wine and
Beer 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 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.
Paragraph 2. Subpart C is amended by adding Sec. 9.147 to read as
follows:
Subpart C--Approved American Viticultural Areas
* * * * *
Sec. 9.147 Hames Valley.
(a) Name. The name of the viticultural area described in this
section is ``Hames Valley.''
(b) Approved maps. The appropriate map for determining the boundary
of the Hames Valley viticultural area is one U.S.G.S. 15 minute series
topographical map, titled Bradley Quadrangle, California, edition of
1961, with a scale of 1:62,500.
(c) Boundary. The Hames Valley viticultural area is located in
southern Monterey County in the State of California. The boundary is as
follows:
(1) Beginning at the southeast corner of section 26, T. 23 S., R.
10 E., which coincides with the point where the 640 foot contour line
crosses the Swain Valley drainage, the boundary proceeds in a straight
line across section 26 to the northwest corner of section 26, T. 23 S.,
R. 10 E.;
(2) Then west northwest in a straight line across sections 22, 21,
20, and 19, T. 23 S., R. 10 E., to the northwest corner of section 24,
T. 23 S., R. 9 E.;
(3) Then southeast in a straight line across sections 24, 25, 30,
31, and 32, to the southeast corner of section 5, T. 24 S., R. 10 E.;
(4) Then east southeast in a straight line across section 9 to the
southeast corner of section 10, T. 24 S., R. 10 E.;
(5) Then east southeast in a straight line for approximately 2.25
miles to Hill 704, located in section 18, T. 24 S., R. 11 E.;
(6) Then north northwest in a straight line for approximately 1.35
miles to Hill 801, located near the northwest corner of section 7, T.
24 S., R. 11 E., and then continue in a straight line to the northwest
corner of section 6, T. 24 S., R. 11 E.;
(7) Then in a generally northwesterly direction along the Salinas
River for approximately 1 mile to where the Swain Valley drainage
enters the Salinas River about .11 mile south of the northern boundary
line of section 36, T. 23 S., R. 10 E.;
(8) Then in a westerly direction for approximately .75 mile along
the Swain Valley drainage to the southeast corner of section 26, T. 23
S., R. 10 E., the point of beginning.
Signed: February 9, 1994.
Daniel R. Black,
Acting Director.
Approved: March 15, 1994.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 94-7066 Filed 3-24-94; 8:45 am]
BILLING CODE 4810-31-U
