[Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
[Proposed Rules]
[Pages 39984-39986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19610]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[Notice No. 854]
RIN: 1512-AA07
Proposals To Establish a Yorkville Highlands Viticultural Area
and Realign the Southern Boundary of the Mendocino Viticultural Area
(95F-020P)
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
Mendocino County, California, to be known as ``Yorkville Highlands,''
and the extension of the southern boundary of the Mendocino
Viticultural Area to coincide with the boundary of the proposed area.
These proposals 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.
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 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.
DATES: Written comments must be received by September 23, 1997.
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. 854. 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, Office of Public Affairs and
Disclosure, Room 6300, 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.
Petitions
ATF has 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 proposed area. The petitioners note the area includes historic
vineyards dating from 1914 as well as newly established vineyards.
ATF has 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
existing 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 recent Mendocino petition incorporated
the Yorkville Highlands petition by reference and stated that the
proposed Yorkville Highlands southern boundary is appropriate for the
Mendocino viticultural area as well.
These two proposals, if adopted, would result in the Yorkville
Highlands area being entirely within the Mendocino area. Both areas
would be entirely within Mendocino County, California, as is the
existing Mendocino viticultural area.
The proposed new 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 proposed Yorkville Highlands
area now, with two new growers planning vineyards and some existing
growers planning to plant more vineyards. The proposed expansion of the
Mendocino viticultural area would add approximately 10,000 acres to
that area.
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
[[Page 39985]]
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 petitioners have defined the proposed area
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 proposed new area is within the North Coast viticultural area.
If the Mendocino viticultural area is expanded as proposed, then the
new area will be entirely within the Mendocino area as well. The
proposed 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 there is a new viticultural area under consideration to the
southeast.
Geographical Features
According to the petitioners, the proposed new area, including the
area under consideration for addition to the existing Mendocino
viticultural area, share characteristics of topography, soil
composition and climate which distinguish the proposed viticultural
area from the surrounding areas. For an overview of the geographical
features which set the area apart, the petitioners submitted letters
from 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.
Mr. Welch stated that he believes the boundaries submitted reflect
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
proposed 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 proposed ``Yorkville Highlands'' viticultural area for more than
ten years. He notes that the proposed new 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 petitioners provided the following evidence to support their
claims:
Topography
According to the petitioners, the proposed ``Yorkville Highlands''
viticultural area lies generally along the headwaters of Dry Creek and
Rancheria Creek. The petitioners state that the vineyards in the
proposed ``Yorkville Highlands'' viticultural area are almost entirely
above 800 feet in elevation. The petitioners describe the area as ``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 submitted by the petitioners show the proposed area is
a valley, with Highway 128 and the Rancheria and Dry Creeks running
along the northwest-southeast axis of the area. 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 petitioners state that the soils in the proposed new
viticultural area are rocky hill soils characterized by gravel and old
brittle rock. According to the petitioners, 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. The
petitioners note only one or two of these soil types are found in
common with a neighboring viticultural area.
Climate
The petitioners state the climate in the proposed Yorkville
Highlands viticultural area is influenced by marine air well over 50
percent of the time. The petition states:
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 proposed area reflects a four year average of 3,060,
compared to approximately 2,500 in Boonville and Philo to the northwest
of the proposed area and 3,650 reported by the University of California
Agricultural Extension Service in Cloverdale, to the southeast.
Average annual rainfall within the proposed 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
Concurrent with consideration of the Yorkville Highlands petition,
ATF is considering a revision of the southern boundary of the Mendocino
viticultural area. The existing southern boundary of Mendocino runs
through the middle of the proposed area. A large triangular portion of
the proposed area is outside of the Mendocino area while the other
portion of the proposed area is within the Mendocino area. This
revision has been proposed by both the Mendocino Winegrowers Alliance
and the Yorkville Highlands petitioners.
In support of the boundary revision, the petitioners note that the
bisection of the proposed Yorkville Highlands area by Mendocino leaves
similar growing areas and conditions within a few miles to a few feet
of each other on the opposite side of the Mendocino Boundary. Mr. Bruce
E. Bearden, Farm Advisor, Emeritus, University of California
Cooperative Exchange, stated that the existing boundary arbitrarily
excludes some of the regions naturally associated with existing
vineyards. Mr. Bearden further states that the revised
[[Page 39986]]
boundary would reunite the related soils and climates of the area.
Proposed Boundary
The proposed revision to the boundary of the Mendocino viticultural
area is described in Sec. 9.93. In addition, there is a typographical
error in 27 CFR Sec. 9.93(c)(11), which we propose to correct as part
of this rulemaking.
The boundary of the proposed 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. 9.157.
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 requirements are proposed. 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(j)) 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. 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 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
revising paragraphs (c)(17) and (c)(18), and by adding new paragraph
(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. 9.157 is added to subpart C to read as follows:
Sec. 9.157 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.
Approved: July 16, 1997.
John W. Magaw,
Director.
[FR Doc. 97-19610 Filed 7-24-97; 8:45 am]
BILLING CODE 4810-31-P
