[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)] [Rules and Regulations] [Pages 29952-29954] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-14854] ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Bureau of Alcohol, Tobacco, and Firearms 27 CFR Part 9 [T.D. ATF-377; Ref: Notice No. 818, T.D. ATF-148] RIN 1512-AA07 Extension Of The Paso Robles Viticultural Area (93F-026T) AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of Treasury. ACTION: Final rule. Treasury decision. ----------------------------------------------------------------------- SUMMARY: This final rule extends the western border of the Paso Robles viticultural area in San Luis Obispo County, California. This extension will include vineyard land similar to land in the current Paso Robles viticultural area which was established on October 4, 1983, by the issuance of Treasury Decision ATF-148 (48 FR 45241). This extension of the western border adds approximately 52,618 acres, of which 235 acres are being planted to vineyards. EFFECTIVE DATE: August 12, 1996. FOR FURTHER INFORMATION CONTACT: Mary Lou Blake, Wine, Beer, and Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8210). 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 American 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 The original petition to extend the western border of the Paso Robles viticultural area was filed in July 1993, by Justin C. Baldwin as spokesperson for his own vineyard and winery and for five other vineyards in the area. All of the vineyards and the winery, which are located outside the western border of the current Paso Robles viticultural area, were established after the original Paso Robles viticultural area was approved. At the time Mr. Baldwin submitted his petition additional information was still needed to complete the petition. Until the additional information could be obtained, the original petition was returned to Mr. Baldwin. July Ackerman, Executive Director of the Paso Robles Vintners and Growers Association, later resubmitted the petition in December 1994. Ms. Ackerman, in her official role as Executive Director, along with members of the Paso Robles Vintners and Growers Association, supported the extension. The petition also included the names of 71 people in the grape and wine [[Page 29953]] industries who supported the expansion area. Ms. Ackerman stated the expansion area has always been considered a part of the Paso Robles Wine Country. In fact, the petition noted that the expansion area was included in the original petition but was removed due to a petition involving a contiguous area. The expansion area is between the boundaries set forth in these two petitions. In 1989 the Paso Robles Chamber of Commerce published ``A History and Tour Guide of the Paso Robles Wine Country.'' Included in this publication was one of the vineyards and wineries located in the expansion area. As noted, the expansion area was also originally included in the petition for the current Paso Robles viticultural area. However, a concurrent petition was being considered for the York Mountain viticultural area and to prevent any intrusion into York Mountain the petitioner for Paso Robles amended the southwestern border. At the same time, the western boundary was amended to begin at the next most eastern range line. At the time of this amendment, no vineyards had been established in the area beyond the amended western boundary. The expanded western border of the Paso Robles viticultural area will continue to maintain a southwestern border adjacent to York Mountain's northern border. This expansion would add approximately 52,618 acres to the existing viticultural area. Since the final rule for the Paso Robles viticultural area was published in 1983, seven vineyards have been planted in the expansion area. Notice of Proposed Rulemaking In response to Ms. Ackerman's petition, ATF published a notice of proposed rulemaking, Notice No. 818, in the Federal Register on January 10, 1996 (61 FR 706), proposing the extension of the western border. This notice requested comments from all interested persons. Written comments were to be received on or before April 9, 1996. No comments were received in response to Notice No. 818. Historical and Current Evidence The name of the area comes from the Spanish name ``El Paso de Robles'' (meaning ``the Pass of the Oaks''), which was given to the area by travelers between the missions of San Miguel and San Luis Obispo. A land grant, in this name, was conveyed by Governor Micheltorena to Pedro Narvaez on May 12, 1844. This land grant included the present area of Paso Robles, Templeton, and Adelaida. Historically, the Santa Lucia Mountain range has been known as the western border of the Paso Robles area. All seven of the vineyards planted since 1983 are located east of the Santa Lucia Mountain Range, just beyond the western border of the current Paso Robles Viticultural area and north of the York Mountain viticultural area. In addition, the expansion area contains the same telephone number prefixes and post office zip codes as the existing viticultural area. Further, the expansion area utilizes the same government services (i.e. schools, fire departments, etc.) as the existing viticultural area. Geographical Evidence The petitioner provided geographical evidence derived from the ``Soil Survey of San Luis Obispo County, California'' --Paso Robles Area. This survey was a cooperative effort of the Soil Conservation Service and the University of California Agriculture Experiment Station. Petitioner's data also reflects information collected from airports, forestry stations, city and county historical records and individual agriculturalists. The expansion area is characterized by rolling hills, 750 feet to 1800 feet, similar to the current Paso Robles appellation and unlike the more mountainous area of York Mountain. Soils generally consist of Nacimiento Ayar, Nacimento Los Osos Balcom Series and Linne-Calodo Series, three of the four soil types found in the current appellation. Temperatures in the expansion area are the same as the current appellation, ranging between 20-110 degrees Fahrenheit. Rainfall in the current appellation is between 10 and 25 inches per year. The expansion area averages 25 inches per year maintaining a similarity with the current appellation and less than the 45 inches per year within the York Mountain Viticultural Area. Degree days of 2500--3500 are also the same for both the current appellation and the expansion area. Boundaries The boundaries for the extension of the Paso Robles viticultural area use range and township lines, the county line and other points of reference. These same features are used as boundaries for the existing Paso Robles viticultural area. The points of reference for the boundaries of the current viticultural area and the expansion area are found on United States Geological Survey (U.S.G.S.) map entitled ``San Luis Obispo,'' scale 1:250,000 (1956, revised 1969). 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. 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 that region. No new recordkeeping or reporting requirements are imposed. Accordingly, a regulatory flexibility analysis is not required. Executive Order 12866 It has been determined that this regulation is not a significant regulatory action as defined by Executive Order 12866. Therefore, a regulatory assessment is not required. Drafting Information The principal author of this document is Mary Lou Blake, Wine, Beer, and Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms. List of Subject 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 revising section 9.84(c) to read as follows: Subpart C--Approved American Viticultural Areas * * * * * Sec. 9.84 Paso Robles. * * * * * (c) Boundaries. The Paso Robles viticultural area is located within San Luis Obispo County, California. From the point of beginning where the county [[Page 29954]] lines of San Luis Obispo, Kings and Kern Counties converge, the county line also being the township line between T.24S. and T.25S., in R.16E.: (1) Then in a westerly direction along this county line for 42 miles to the range line between R.9E. and R.10E.; (2) Then in a southerly direction for 12 miles along the range line to the southwest of corner of T.26S. and R.10E.; (3) Then in a southeasterly direction, approximately 5.5 miles to a point of intersection of the Dover Canyon Jeep Trail and Dover Canyon Road; (4) Then in an easterly direction along Dover Canyon Road, approximately 1.5 miles, to the western border line of Rancho Paso de Robles; (5) Then, following the border of the Paso Robles land grant, beginning in an easterly direction, to a point where it intersects the range line between R.11E. and R.12E.; (6) Then southeasterly for approximately 16.5 miles to the point of intersection of the township line between T.29S. and T.30S. and the range line between R.12E. and R.13E.; (7) Then in an easterly direction for approximately 6 miles to the range line between R.13E. and R.14E.; (8) Then in a northerly direction for approximately 6 miles to the township line between T.28S. and T.29S.; (9) Then in an easterly direction for approximately 18 miles to the range line between R.16E. and R.17E.; (10) Then in a northerly direction for approximately 24 miles to the point of beginning. Signed: May 17, 1996. Bradley A. Buckles, Acting Director. Approved: May 24, 1996. John P. Simpson, Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement). [FR Doc. 96-14854 Filed 6-12-96; 8:45 am] BILLING CODE 4810-31-U