[Federal Register Volume 64, Number 188 (Wednesday, September 29, 1999)]
[Proposed Rules]
[Pages 52483-52486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25286]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
RIN 1512-AA07
[Notice No. 882]
Diamond Mountain Viticultural Area (99R-223P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) has received
a petition proposing the Diamond Mountain viticultural area. This
petition was submitted by Rudy von Strasser of Von Strasser Winery on
behalf of the Diamond Mountain Appellation Committee, whose 15 growers
and vintners represent 87 percent of the total vineyard holdings in the
proposed area. The Diamond Mountain proposed viticultural area is
located entirely within the Napa Valley viticultural area. The proposed
viticultural area encompasses approximately 5,000 acres, of which
approximately 450 acres are planted to vineyards.
DATES: Written comments must be received by November 29, 1999.
ADDRESSES: Send written comments to: Chief, Regulations Division,
Bureau of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, DC
20091-0221 (Attn: Notice No. 882). Copies of the petition, the proposed
regulations, the appropriate maps, and any written comments received
will be available for public inspection during normal business hours at
the ATF Reading Room, Office of Public Affairs and Disclosure, room
6480, 650 Massachusetts Avenue, NW, Washington, DC 20226
FOR FURTHER INFORMATION CONTACT: Thomas B. Busey, Regulations Division,
Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW,
Washington DC 20226 (202) 927-8199.
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
[[Page 52484]]
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, the names of which may be used as
appellations of origin.
Section 4.25a(e)(1), title 27, CFR, defines an American
viticultural area as a delimited grape-growing region distinguishable
by geographic 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 characteristics (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 (or copies) of the appropriate U.S.G.S. map(s) with the
boundaries prominently marked.
Petition
The Bureau of Alcohol, Tobacco and Firearms (ATF) has received a
petition proposing a new viticultural area to be called Diamond
Mountain. The proposed viticultural area is located entirely in Napa
County, California. The proposed area encompasses approximately 5,000
acres, of which approximately 450 acres are planted to vineyards.
Evidence That the Name of the Area is Locally or Nationally Known
According to the petitioner, Diamond Mountain has been home to
vineyards and wineries since the 1860's. The petitioner presented
evidence that a Mr. Joseph Schram planted his first vines as early as
1863 and had a hundred acres of vineyards by 1892.
According to the petitioner, the evolution of Diamond Mountain into
a Napa Valley regional name began in the early decades of the 20th
century, with Diamond Mountain School and Diamond Mountain Road being
the first features in the region to bear the name. The naming of the
school took place in 1909, with the major access road in the region
designated as Diamond Mountain Road shortly thereafter.
The petitioner has also presented substantial evidence that the
Diamond Mountain region began to gain national renown in the early
1970's, as expanding consumer interest in California wines resulted in
new vineyards, new wineries and a greater awareness of regional wine
character. As evidence for this national name the petitioner includes
an excerpt from the second edition of The Wines of America by Leon
Adams that states, ``Diamond Mountain, like Mt. Veeder and Spring
Mountain also on the west side of Napa Valley, is regarded as a
viticultural district separate from the rest of Napa Valley.''
Historical or Current Evidence That the Boundaries of the
Viticultural Area Are as Specified in the Petition
According to the petitioner, precise boundaries for the region
being proposed have never been delineated. The petitioner does,
however, state that Diamond Mountain's viticultural history and
identity are associated almost exclusively with the Napa Valley, in
Napa County. For this reason, the boundaries of the proposed
viticultural area are entirely within Napa County. According to the
petitioner, the petition takes a conservative approach to establishing
boundaries for Diamond Mountain. The petitioner states that special
care has been taken to assure that the boundaries encompass only those
lands that meet both the historic and geographic criteria for inclusion
in the proposed viticultural area. Also, the boundaries have been drawn
to respect neighboring regions with separate names, histories,
geographic features and political boundaries.
The petitioner cites the Fourth Edition of ``The Connoisseurs'
Handbook of the Wines of California and the Pacific Northwest'' for a
description of the proposed area ``. . . a portion of the Napa Valley's
western hills between St. Helena and Calistoga''. This citation is
accompanied by a map which shows the rough limits of the region: Spring
Mountain to the south, the 400 foot elevation that generally parallels
Highway 29 to the east, Petrified Forest Road to the north and the
Napa-Sonoma County line to the west.
The petitioner claims that the 400 foot contour line for the
northeastern boundary accurately reflects the lowest elevation of
vineyards historically associated with Diamond Mountain. The petitioner
also claims that the southwestern boundary acknowledges the historic
association of the proposed Diamond Mountain viticultural area with
Napa County and Napa Valley, and also recognizes the differences in
history and geography that distinguish Diamond Mountain from adjacent
slopes of the Mayacama Mountains in Sonoma County.
Evidence Relating to the Geographical Features (Climate, Soil,
Elevation, Physical Features, Etc.) Which Distinguish Viticultural
Features of the Proposed Area From Surrounding Areas
According to the petitioner, the geographical features in the
proposed Diamond Mountain viticultural area clearly distinguish it from
surrounding areas. The Diamond Mountain region is situated in the Napa
Valley on the eastern slope of the Mayacamas Mountains. The region
consists entirely of residual upland soils derived from volcanic parent
material. According to the petitioner, these soils are very different
from the alluvial soils on the floor of the Napa Valley to the east and
northeast and are also significantly different from the sedimentary
upland soils prevalent in the Spring Mountain viticultural area to the
south. The petitioner also emphasizes that these soils are
significantly different from the shallow, dry soils in Sonoma County to
the west and southwest.
According to the petitioner, the proposed viticultural area's
topography and aspect contribute to a special microclimate. Hillside
topography and valley temperature inversions combine to give the region
an unusually moderate temperate regime during a growing season, with
lower maximum temperatures and higher minimum temperatures than nearby
locations on the floor of the Napa Valley. The petitioner states that
the microclimate of the Diamond Mountain region is clearly distinctive
when compared to the surrounding areas. The region's microclimate is
slightly warmer than that of the Spring Mountain District to the south,
but somewhat similar due to comparable upland locations, northeastern
(eastern, in Spring Mountain's case) aspects, and cooling influence of
marine breezes from the Pacific Ocean. The microclimate is
significantly cooler than the floor of the Napa Valley to its northeast
and north, due to various tempering influences primarily associated
with its upland location. So too is it cooler than adjacent land to the
west in Sonoma County, due to its predominantly northeastern aspect
which provides
[[Page 52485]]
oblique sun and shade in the afternoon, while the western aspect of the
Mayacamas Mountains adjacent to the region in Sonoma County is clearly
hotter and drier.
Proposed Boundaries
The proposed viticultural area is located in Napa County,
California. The approved USGS maps for determining the boundary of the
proposed Diamond Mountain viticultural area are, ``Mark West Springs,
Calif.'', 7.5 minute series, edition of 1993, and the ``Calistoga,
Calif.'', 7.5 minute series, edition of 1993.
The northeastern boundary follows the 400 foot contour line from
Ritchey Creek northwest to the Petrified Forest Road and the northern
boundary follows the Petrified Forest Road west from the 400 foot
contour line to the Napa-Sonoma county line. The southwestern boundary
follows the official boundary line between Napa and Sonoma counties
southeast from Petrified Forest Road to the east-west boundary between
Sections 18 and 19 in Township 8 North, Range 6 West, Mount Diablo
Range and Meridian. The southern boundary follows the boundary between
Sections 18 and l9, Sections 17 and 20 and Ritchey Creek east from the
Napa-Sonoma county line to the 400 foot elevation line. It also
corresponds with the Northern Boundary of the Spring Mountain District
viticultural area.
Public Participation--Written Comments
ATF requests comments from all interested persons. 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. However, assurance of consideration can
only be given to comments received on or before the closing date.
ATF will not recognize any submitted material as confidential and
comments may be disclosed to the public. Any material which the
commenter considers to be confidential or inappropriate for disclosure
to the public should not be included in the comments. The name of the
person submitting a comment is not exempt from disclosure.
Comments may be submitted by facsimile transmission to (202) 927-
8602, provided the comments: (1) Are legible; (2) are 8\1/2\'' x 11''
in size, (3) contain a written signature, and (4) are three pages or
less in length. This limitation is necessary to assure reasonable
access to the equipment. Comments sent by FAX in excess of three pages
will not be accepted. Receipt of FAX transmittals will not be
acknowledged. Facsimile transmitted comments will be treated as
originals.
Any person who desires an opportunity to comment orally at a public
hearing on the proposed regulation should submit his or her request, in
writing, to the Director within the 60-day comment period. The
Director, however, reserves the right to determine, in light of all
circumstances, whether a public hearing will be held.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995, 44 U.S.C.
Chapter 35, and its implementing regulations, 5 CFR Part 1320, do not
apply to this notice because no requirement to collect information is
proposed.
Regulatory Flexibility Act
It is hereby certified that this proposed regulation will not have
a significant 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.
ATF believes that the establishment of viticultural areas merely allows
wineries to more accurately describe the origin of their wines to
consumers, and helps consumers identify the wines they purchase. Thus,
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 that area.
No new requirements are proposed. Accordingly, a regulatory
flexibility analysis is not required.
Executive Order 12866
It has been determined that this proposed regulation is not a
significant regulatory action as defined by Executive Order 12866.
Accordingly, this proposal is not subject to the analysis required by
this Executive Order.
Drafting Information. The principal author of this document is
Thomas B. Busey, Regulations Division, 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 Section 9.166 to read as
follows
Subpart C--Approved American Viticultural Areas
* * * * *
Sec. 9.166 Diamond Mountain.
(a) Name. The name of the viticultural area described in this
section is ``Diamond Mountain.''
(b) Approved map. The appropriate maps for determining the boundary
of the Diamond Mountain viticultural area are two 1:24,000 Scale
U.S.G.S. topography maps. They are titled:
(1) Mark West Springs, CA 1993
(2) Calistoga, CA 1993
(c) Boundary. The proposed viticultural area is located in Napa
County, California. The beginning point is where the boundary between
Napa and Sonoma counties intersects Petrified Forest Road in Section 3
of Township 8 North, Range 7 West, Mount Diablo Base and Meridian on
the Mark West Springs map;
(1) Then north and east along Petrified Forest Road approximately
1.9 miles to the point where it intersects the 400 foot contour just
east of Section 35 of Township 9 North, Range 7 West, Mount Diablo Base
and Meridian, in the Mallacomes land grant;
(2) Then generally east southeast along the 400 foot contour
approximately 6.5 miles to the point where it intersects Ritchey Creek
in Section 3 of Township 8 North, Range 6 West, Mount Diablo Base and
Meridian;
(3) Then west southwest along Ritchey Creek approximately 2.2 miles
to the point where it intersects the boundary between Sections 17 and
20 of Township 8 North, Range 6 West, Mount Diablo Base and Meridian;
(4) Then due west in a straight line along the section boundary
approximately 0.8 miles to the point where it intersects the boundary
between Napa and Sonoma Counties between Sections 18 and 19 of Township
8 North, Range 6 West, Mount Diablo Base and Meridian;
(5) Then generally northwest along the boundary between Napa and
[[Page 52486]]
Sonoma Counties approximately 4.2 miles to the point where it
intersects Petrified Forest Road, to the point of beginning.
Signed: September 21, 1999.
John W. Magaw,
Director.
[FR Doc. 99-25286 Filed 9-28-99; 8:45 am]
BILLING CODE 4810-31-P
