[Federal Register Volume 60, Number 62 (Friday, March 31, 1995)]
[Rules and Regulations]
[Pages 16576-16579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7893]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[TD ATF-362; Re: 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: Final rule, Treasury decision.
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SUMMARY: This final rule establishes a viticultural area in San
Bernardino and Riverside Counties, California, to be known as
``Cucamonga Valley.'' The petition was 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.
EFFECTIVE DATE: May 1, 1995.
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 received a petition from Gino L. Filippi of J. Filippi Vintage
Co. proposing to establish a viticultural area in San Bernardino and
Riverside Counties, California, to be known as ``Cucamonga Valley.''
The 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.
Notice of Proposed Rulemaking
In response to Mr. Filippi's petition, ATF published a notice of
proposed rulemaking, Notice No. 802, in the Federal Register on
December 2, 1994 (59 FR 61853), proposing the establishment of the
Cucamonga Valley viticultural area. The notice requested comments from
all interested persons by January 31, 1995.
Comments on Notice of Proposed Rulemaking
ATF received 15 letters of comment and copies of several newspaper
articles and a newspaper editorial concerning the proposal to establish
the Cucamonga Valley viticultural area. All commenters expressed their
support for establishing the Cucamonga Valley viticultural area as
proposed in Notice No. 802. Commenters included growers and other local
business owners, consumers, and government officials.
The Honorable James L. Brulte, State Assembly Republican Leader,
wrote to support recognition of Cucamonga Valley as a viticultural
area. The Honorable Fred Aguiar, State Assemblyman for the Sixty-first
assembly district, endorsed the establishment of Cucamonga Valley
viticultural area and wrote further:
Our region has a long and distinguished history in the
winegrowing industry and it is highly appropriate that this area be
recognized for such a distinction.
The San Bernardino County Board of Supervisors adopted a resolution
which read, in part, as follows:
* * * RESOLVED that the Board of Supervisors of the County of
San Bernardino, State of California, hereby recognizes the efforts
of the local wineries and supports the designation of ``CUCAMONGA
VALLEY'' in advertising and on the labels of wines produced in this
vicinity.
The Honorable William J. Alexander, Mayor of Rancho Cucamonga,
wrote:
I would like to express our support in establishing the
Cucamonga Valley as a [[Page 16577]] viticulture area. The City of
Rancho Cucamonga takes great pride in the fact that the grape
vineyards and the wineries of our area contributed so much to the
early history of the region. For this reason, a grape cluster has a
prominent focus in both the City's seal and logo.
Allyn B. Scheu of Scheu Manufacturing Company wrote that the
designation ``will help consumers to identify the origins of the wines
they buy and will recognize the Cucamonga area's rich heritage of wine
production.'' Charles L. Keagle, a restauranteur, also supported the
designation and wrote that ``the history of the area, America's first,
goes back over 100 years.''
Columnist Garry Greenberg of the Victorville, California Daily
Press, sent in a copy of his September 15, 1994 column which reported
on the filing of the petition, and described the Cucamonga Valley area
as ``the home of the largest winemaking industry in the world a century
ago.'' Mr. Greenberg also sent in the text of a column which he planned
to publish in January 1995, encouraging readers to write in support of
the proposed area.
The petitioner mailed in a clipping of an editorial from the Inland
Valley Daily Bulletin of December 30, 1994, which concluded:
There are 122 viticultural regions in the United States, and 69
of them are in California. The next one should be in California
also, in the ``Cucamonga Valley.''
Evidence of Name
Evidence that the name Cucamonga Valley is locally and/or
nationally known as referring to the viticultural area 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) An article published in The Sun, a San Bernardino, California,
newspaper, on March 30, 1994, 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, renown for sherry and port wines.''
(c) A letter dated August 20, 1991, from the San Bernardino County
Archives to the Riverside County Historical Commission discussed
designation of the Galleano Winery as a landmark. The letter 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 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 area.
The petitioner used 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
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
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 background material on soils.
Geographical Features
The petitioner describes the 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 viticultural area includes the area described above and the
valley drained by the Cucamonga Creek to the south of this alluvial
fan. These areas share characteristics of topography, soil composition
and climate which distinguish the viticultural area from the
surrounding areas. The petitioner provided the following evidence of
the area's distinctiveness:
Topography
The U.S.G.S. topographic maps submitted by the petitioner show the
viticultural 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 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
According to the petitioner, the soil in the viticultural area is
``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 (0-15 deg.).''
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 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 viticultural area have
shallower soils over granite, schist and sandstone.
Climate
The petitioner states that the climate in the area is ``well-suited
for viticulture * * *. There are relatively few nights below freezing
in the winter and [[Page 16578]] summer days can be very hot, reaching
temperatures over 100 degrees Fahrenheit.'' The climate is classed as
Region IV, with a heat summation in the 3,501 to 4,000 degree F. range.
The petitioner 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.
Boundary
The boundary of the 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.
Miscellaneous
ATF does not wish to give the impression by approving the Cucamonga
Valley viticultural area that it is approving or endorsing the quality
of wine from this area. ATF is approving this area as being distinct
from surrounding areas, not better than other areas. By approving this
area, 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 Cucamonga
Valley.
Executive Order 12866
It has been determined that this rule is not a significant
regulatory action because:
(1) It will not 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.
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 1980, Public Law
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 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. 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 [[Page 16579]] 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.
Signed: March 1, 1995.
Daniel R. Black,
Acting Director.
Approved: March 9, 1995.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary, (Regulatory, Tariff and Trade
Enforcement).
[FR Doc. 95-7893 Filed 3-30-95; 8:45 am]
BILLING CODE 4810-31-U