[Federal Register Volume 63, Number 66 (Tuesday, April 7, 1998)]
[Rules and Regulations]
[Pages 16902-16905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8990]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[T.D. ATF-397; RE: Notice No. 854]
RIN 1512-AA07
Establishment of the Yorkville Highlands Viticultural Area and
Realignment of the Southern Boundary of the Mendocino Viticultural Area
(95F-020P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Final rule, Treasury decision.
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SUMMARY: This final rule establishes a viticultural area located in
Mendocino County, California, to be known as ``Yorkville Highlands,''
and extends the southern boundary of the Mendocino Viticultural Area to
coincide with the boundary of Yorkville Highlands. These actions are
the result of a petition filed by Mr. William J.A. Weir for the
Yorkville Highlands Appellation Committee and a related petition filed
by Ms. Bernadette A. Byrne, Executive Director of the Mendocino
Winegrowers Alliance.
The establishment of viticultural areas and the subsequent use of
viticultural area names as appellations of origin in wine labeling and
advertising allow wineries to designate the specific areas where the
grapes used to make the wine were grown and enable consumers to better
identify the wines they purchase.
EFFECTIVE DATE: June 8, 1998.
FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, 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.
Petitions
ATF received a petition from Mr. William J.A. Weir of Weir
Vineyards for the Yorkville Highlands Appellation Committee
(``Yorkville Highlands petition''). The petition was signed by Mr.
Larry W. Martz of Martz Vineyards, Inc., Mr. Frank Souzao of Souzao
Cellars, Mr. Michael J. Page, of Mountain House Vineyard, Mr. Robert A.
Vidmar of Vidmar Vineyard, and Mr. Edward D. Wallo, of Yorkville
Vineyards. The petitioners represent both wineries and growers within
the area. The area includes historic vineyards dating from 1914 as well
as newly established vineyards. ATF also received a related petition
from Ms. Bernadette A. Byrne, Executive Director of the Mendocino
Winegrowers Alliance (``Mendocino petition''), requesting that the
southern boundary of the previously approved Mendocino Viticultural
Area be extended to coincide with the requested southern boundary in
the Yorkville Highlands petition. The Mendocino Viticultural Area was
established pursuant to T.D. ATF-178 on June 15, 1984 (49 FR 24711).
The Mendocino petition incorporated the Yorkville Highlands petition by
reference and stated that the proposed Yorkville Highlands southern
boundary was appropriate for the Mendocino viticultural area as well.
These two proposals result in the Yorkville Highlands area being
entirely within the Mendocino area. Both areas are entirely within
Mendocino County, California. The Yorkville Highlands area consists of
approximately 40,000 acres, of which approximately 70 are devoted to
viticulture. There are seven growers and two wine producers within the
area now, with two new growers planning vineyards and some existing
growers planning to plant more vineyards. The expansion of the
Mendocino viticultural area adds approximately 10,000 acres to that
area.
[[Page 16903]]
Notice of Proposed Rulemaking
In response to Mr. Weir's and Ms. Byrne's petition, ATF published a
notice of proposed rulemaking, Notice No. 854, in the Federal Register
on July 25, 1997 (62 FR 39984), proposing the establishment of the
Yorkville Highlands viticultural area and the extension of the southern
boundary of the Mendocino viticultural area. The notice requested
comments from all interested persons by September 23, 1997. ATF
received no comments concerning these proposals.
Evidence of Name
The Yorkville Highlands petitioners supplied the following evidence
that the name of the proposed new area is locally and/or nationally
known as referring to the area specified in the petition:
(a) A brochure published by the Mendocino Winegrowers Alliance
entitled ``Mendocino. Real Farmers, Real Wine. On California's Redwood
Coast'' which lists ``Yorkville Highlands'' among the County's wine
growing areas. In the brochure, the area is described as extending
northwest from the Mendocino--Sonoma County border along Route 128, a
description which fits the area proposed for designation.
(b) A map of ``Mendocino Wine Country'' published in ``Steppin''
Out, California's Wine Country Magazine,'' volume XIII, issue 27, which
includes the ``Yorkville Highlands'' area. Again, the area outlined on
the map coincides with the boundaries requested by the petitioner.
Evidence of Boundaries
The Yorkville Highlands area is defined primarily by reference to
the Sonoma--Mendocino county line and by straight lines drawn between
benchmarks, mountain peaks, and other features found on the U.S.G.S.
maps.
The area is within the North Coast viticultural area. It is also
entirely within the Mendocino viticultural area which is expanded by
this final rule. The Yorkville Highlands area is bounded on the
northwest by the Anderson Valley viticultural area, and surrounded by
other viticultural areas less than five miles away. McDowell Valley
lies to the northeast, Alexander Valley and Northern Sonoma lie to the
southeast and south, and the newly established Mendocino Ridge
viticultural area lies to the southwest.
Geographical Features
The Yorkville Highlands area, including the area added herein to
the previously approved Mendocino viticultural area, shares
characteristics of topography, soil composition and climate which
distinguish the viticultural area from the surrounding areas. For an
overview of the geographical features which set the area apart, Mr.
Mark Welch, President of the Mendocino County Farm Bureau, Mr. Glenn
McGourty, Viticultural Farm Advisor & County Director, University of
California Cooperative Extension, and Mr. Steve Williams, of A.V.V.S.
wrote letters describing the area.
Mr. Welch stated that he believes the viticultural area reflects a
unique and outstanding grape growing locale. He went on to say:
The soils of the area are different from adjacent, recognized
districts like the Anderson Valley, and the distinct micro climate
offers warmer days, cool afternoon breezes and a substantial growing
season for a low to mid region II.
Similarly, Mr. McGourty stated that the soils and climate of the
viticultural area are ``significantly different from surrounding grape
growing areas, being high elevation and in an area where the coastal
Douglas Fir forests meet the oak woodland forests more typical of
interior Mendocino County.''
Mr. Williams stated he has been building and managing vineyards in
the area for more than ten years. He notes that the Yorkville Highlands
viticultural area is different viticulturally from both the Anderson
Valley viticultural area and the Hopland area of the Mendocino
viticultural area. He gave the following details:
The climate of the * * * area has days warmer than Anderson
Valley but cooler than Hopland. The nights are cooler than both
Anderson Valley and Hopland. This means many grape varieties can be
grown in this area but will have a long ripening period which will
greatly enhance fruit flavors and quality.
In regards to soil the area also differs from [Anderson Valley]
or Hopland. The * * * soils are thinner then [sic] Hopland but more
fertile and varied than [Anderson Valley].
The following evidence was considered in establishing this area:
Topography
The Yorkville Highlands viticultural area lies generally along the
headwaters of Dry Creek and Rancheria Creek. The vineyards in the
Yorkville Highlands viticultural area are almost entirely above 800
feet in elevation. The area is ``a continuous string of high benches
and land troughs bordered by even higher ridges with Highway 128
running down the middle.'' The U.S.G.S. topographic maps show the area
is a valley, with Highway 128 and the Rancheria and Dry Creeks running
along the northwest-southeast axis. This center line of the area is the
lowest part, at approximately 800 feet, and the highest, in the area
near the northern boundary, is over 3,000 feet.
Soil
The soils in the Yorkville Highlands viticultural area are rocky
hill soils characterized by gravel and old brittle rock. These
generally thin soils found on the high benches and land troughs of the
proposed area stand in stark contrast to the generally very loamy clay
soils found in the valleys and bottom lands dominating the neighboring
approved viticultural areas. Soil types mapped by the U.S. Soil
Conservation Service include: Bearwallow, Hellman, Cole Loam, Henneke,
Montara, Hopland Loam, Squawrock, Witherell, Yorkville and Boontling.
Only one or two of these soil types are found in common with a
neighboring viticultural area.
Climate
The climate in the Yorkville Highlands viticultural area is
influenced by marine air well over 50 percent of the time. The
petitioner described the climate as follows: ``Almost every morning
during the growing season, the moist marine fog is found on the high
bench lands and land troughs which comprise the proposed viticulture
area and connect the cooler Anderson Valley with the much warmer
Alexander Valley. The trees on these bench lands are draped with the
moss from this ocean air invasion and cooler climatic condition.''
Unofficial heat summation data collected at the Weir Vineyards
within the area reflects a four year average of 3,060, compared to
approximately 2,500 in Boonville and Philo to the northwest of the
viticultural area and 3,650 reported by the University of California
Agricultural Extension Service in Cloverdale, to the southeast.
Average annual rainfall within the Yorkville Highlands area from
1961 through 1990, as measured by the Department of Water Resources,
Eureka Flood Center at the Yorkville Station, was 50.55 inches. The
Anderson Valley, to the northwest, receives an average of only 40.7
inches of rain per year.
Revised Mendocino Boundary
ATF is also revising the southern boundary of the Mendocino
viticultural area, as proposed by both the Mendocino Winegrowers
Alliance and the Yorkville Highlands petitioners. Prior to this
revision, the southern boundary of Mendocino ran through the middle of
the Yorkville Highlands area, leaving a large triangular portion of the
[[Page 16904]]
new area outside of Mendocino while the remainder of the new area was
within Mendocino.
Mr. Bruce E. Bearden, Farm Advisor, Emeritus, University of
California Cooperative Exchange, stated that the original Mendocino
viticultural area boundary arbitrarily excludes some of the regions
naturally associated with existing vineyards. Mr. Bearden further
states that the revised boundary would reunite the related soils and
climates of the area.
Boundaries
The revised boundary of the Mendocino viticultural area is
described in amended Sec. 9.93. In addition, there is a typographical
error in 27 CFR 9.93(c)(11), which we corrected as part of this
rulemaking.
The boundary of the Yorkville Highlands viticultural area may be
found on six United States Geological Survey (U.S.G.S.) maps with a
scale of 1:24000. The boundary is described in Sec. 9.159.
Miscellaneous
ATF does not wish to give the impression by approving the Yorkville
Highlands viticultural area or by approving the amended boundary of the
Mendocino viticultural area that it is approving or endorsing the
quality of wine from these area. ATF is approving the areas as being
distinct from surrounding areas, not better than other areas. By
approving these areas, ATF will allow wine producers to claim a
distinction on labels and advertisements as to origin of the grapes.
Any commercial advantage gained can only come from consumer acceptance
of wines from Yorkville Highlands or Mendocino.
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 final rule 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 imposed. Accordingly, a regulatory flexibility analysis is not
required.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3507) 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
Marjorie D. Ruhf, 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 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. Section 9.93 is amended by revising paragraph (c)(11), by
removing paragraphs (c)(17) and (c)(18), and by adding new paragraph
(c)(17), (c)(18) and (c)(19) to read as follows:
Sec. 9.93 Mendocino.
* * * * *
(c) Boundaries. * * *
(11) Thence in a straight line in a northwest direction to the
junction of Baily Gulch and the South Branch, North Fork of the Navarro
River, located in Section 8, T.15N., R.15W.;
* * * *
(17) Thence continuing in a straight line in a southerly direction
to the southwest corner of Section 5, T. 12 N., R. 13 W., and the
Mendocino County/Sonoma County line;
(18) Thence continuing in a straight line in a southeasterly
direction to the intersection of the southwest corner of Section 32, T.
12 N., R. 11 W., and the Mendocino County/Sonoma County line;
(19) Thence following the Mendocino County/Sonoma County line in an
easterly, northerly, and then an easterly direction to the beginning
point.
Par. 3. A new Sec. 9.159 is added to subpart C to read as follows:
Sec. 9.159 Yorkville Highlands.
(a) Name. The name of the viticultural area described in this
section is ``Yorkville Highlands.''
(b) Approved maps. The appropriate maps for determining the
boundary of the Yorkville Highlands viticultural area are the following
six U.S.G.S. topographical maps (7.5 minute series, 1:24000 scale):
(1) ``Gube Mountain, Calif.,'' provisional edition 1991.
(2) ``Big Foot Mountain, Calif.,'' provisional edition 1991.
(3) ``Cloverdale, Calif.,'' 1960, photoinspected 1975.
(4) ``Ornbaun Valley Quadrangle, Calif.,'' provisional edition,
1991.
(5) ``Yorkville, Calif.,'' provisional edition, 1991.
(6) ``Hopland, Calif.,'' 1960, photoinspected 1975.
(c) Boundary. The Yorkville Highlands viticultural area is located
in Mendocino County, California. The boundary is as follows:
(1) The beginning point is Benchmark 680, located in Section 30, T.
12 N., R. 13 W., on the Ornbaum Valley quadrangle map;
(2) From the beginning point, the boundary proceeds in a straight
line in a northeasterly direction to a point intersecting the North
Fork of Robinson Creek and the Section 20, T. 13 N., R. 13 W.;
(3) The boundary then proceeds in a straight line in a
southeasterly direction to the summit of Sanel Mountain, located at the
southeast corner of Section 30, T. 13 N., R. 12 W., on the Yorkville
quadrangle map;
(4) The boundary then proceeds in a straight line in a
southeasterly direction until it reaches the southeast corner of
Section 15, T. 12 N., R 11 W., on the Hopland quadrangle map;
(5) The boundary then proceeds south, following the eastern
boundaries of Sections 22 and 27, T. 12 N., R 11 W., until it reaches
the Mendocino-Sonoma County line on the Cloverdale quadrangle map;
(6) The boundary then follows the Mendocino-Sonoma county line
west, south and west until it reaches the southwest corner of Section
32, T. 12 N., R. 11 W.;
(7) The boundary then diverges from the county line and proceeds in
a northwesterly direction, traversing the Big Foot Mountain quadrangle
map, until it reaches the southwest corner of Section 5, T. 12 N., R.
13 W. on the Ornbaun Valley quadrangle map;
(8) The boundary proceeds in a straight line in a northerly
direction until it reaches the beginning point at Benchmark 680.
[[Page 16905]]
Dated: January 28, 1998.
John W. Magaw,
Director.
Approved: March 13, 1998.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 98-8990 Filed 4-6-98; 8:45 am]
BILLING CODE 4810-31-P
