[Federal Register Volume 61, Number 247 (Monday, December 23, 1996)]
[Rules and Regulations]
[Pages 67463-67466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32422]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[TD ATF-386; Re: Notice No. 838]
RIN 1512-AA07
Redwood Valley Viticultural Area (95R-053P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.
ACTION: Final rule, Treasury decision
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SUMMARY: This final rule establishes a viticultural area located within
the east central interior portion of Mendocino County, California to be
known as ``Redwood Valley,'' under 27 CFR part 9. This is the result of
a petition submitted by Mr. Timothy R. Buckner and prepared by Mr.
Buckner, Mr. Jefferson Hinchliffe, Mr. Ulysses Lolonis, and Mr. Rudolph
H. Light. The petition was signed by 20 growers and winemakers in
``Redwood Valley.'' In addition, 4 letters of support for the area were
received with the petition from growers and winemakers in the area.
``Redwood Valley'' is an unincorporated rural community in Mendocino
County of northwestern California with approximately 6,000 people
spread out over about 35 square miles. It is currently the home of
seven wineries that produce varietal wines distributed around the
world. There are 66 vineyard owners farming 2,371 acres of wine grapes.
EFFECTIVE DATE: February 21, 1997.
FOR FURTHER INFORMATION CONTACT: David W. Brokaw, 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 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 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, the names of which may be used as
appellations of origin.
Section 4.25a(e)(l), 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), title 27, CFR, 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
proposed boundaries prominently marked.
Petition
ATF received a petition from Mr. Timothy Buckner proposing to
establish a new viticultural area located within the east central
interior portion of Mendocino County, California to be known as
``Redwood Valley,'' under 27 CFR part 9.
There are currently seven wineries in ``Redwood Valley.'' The dates
they were bonded are as follows: Fetzer (1968), Weibel (1972), Frey
(1980), Lolonis (1983), Elizabeth (1987), Konrad (1989), and Gabrielli
(1991). Weibel and Konrad wineries have recently changed ownership and
were renamed Redwood Valley Cellars and Fife Vineyards, respectively.
Notice of Proposed Rulemaking
In response to Mr. Buckner's petition, ATF published a notice of
proposed rulemaking, Notice No. 838, in the Federal Register on
September 3, 1996 [61 FR 46403] proposing the establishment of the
``Redwood Valley'' viticultural area. The notice requested comments
from all interested persons by October 18, 1996.
Comments on Notice of Proposed Rulemaking
ATF did not receive any letters of comment in response to Notice
No. 838.
Evidence That The Name Of The Viticultural Area Is Locally Or
Nationally Known
``Redwood Valley'' is an unincorporated rural community in
Mendocino County of northwestern California with approximately 6,000
people spread out over about 35 square miles. It is currently the home
of seven wineries that produce premium to ultra premium varietal wines
distributed around the world. ``Redwood Valley'' grapes are used in
vineyard designated wines made by wineries throughout the region. There
are 66 vineyard owners farming 2,371 acres of wine grapes in Redwood
Valley. There are 855 acres of white winegrapes (36%) and 1,516 (64%)
planted in red varieties in Redwood Valley.
History and Tradition
The area has been known by the viticultural area name for over a
century. Some early settlers arrived in ``Redwood Valley'' in the mid
1850s, and there was a thriving community by 1900. From as early as the
1870s, grape growing and wine making were an important part of the
economy and culture of ``Redwood Valley.'' One of the earliest
published mentions of ``Redwood Valley'' as a grape growing region was
in a March 7, 1913, article in the Ukiah Republican Press (1885-1954),
which described ``Redwood Valley'' as ``* * * admirably adapted for the
grape and fruit land in Northern California.''
In the March 17, 1913 issue of the Ukiah Dispatch Democrat, the
petitioner found the following article: The Redwood Valley Improvement
Club Accomplishing Splendid Results By Concentrated Action and
Progressiveness, which stated as follows: ``This is perhaps at the
present time one of the most important industries of the valley, with
hundreds of acres in vineyards and several important wineries in active
operation, and because of the statements made * * * by Professor
Bioletti, the grape question has taken on a renewed activity. Redwood
Valley grapes are exceptionally rich in sugar and are in demand because
they raise the quality of wine. Much of the valley's product is
contracted for over a term of years * * * (g)rapes produce splendidly
on
[[Page 67464]]
the bench lands of the valley, and because of the sunshine and climatic
conditions mature and produce the ideal wine grapes.''
In the Santa Rosa Press Democrat, the petitioner found an article
printed on July 31, 1949, and titled, ``It's Howdy Neighbor To
Calpella, Redwood Valley,'' by Mike Pardee. This article states that,
``[a]pproximately half of Mendocino County's present grape acreage of
7,700 acres is in Redwood Valley. Farm Advisor R.D. Foote of Mendocino
County said. ``The Valley thus raised about half of the county's 17,000
tons produced last year (1948) * * *. Redwood Valley for years has been
one of Mendocino County's most important farming sections. Its 314
families for the most part farmers * * *. They'll tell you that those
grapes make the finest wines in the region'.''
Name Evidence
``Redwood Valley'' is recognized by the United States Postal
Service as a distinct community with the Zip Code 95470. The U.S.G.S.
uses the name ``Redwood Valley'' Quadrangle on its 1:24,000 topographic
map. The valley has a domestic and irrigation water supplier known as
``Redwood Valley County Water District.'' A number of entities give the
area its sense of identity, including the ``Redwood Valley Grange,''
``Redwood Valley School,'' ``Redwood Valley Shopping Center,''
``Redwood Valley Industrial Park.'' Businesses and organizations using
the ``Redwood Valley'' name include a large vineyard, a gravel plant, 2
churches, a Pomo Indian Rancheria, and so on. The petitioner provided
photocopies of stationery and business cards from six private and three
public entities that use the name ``Redwood Valley'' in their title.
Each of the entities are currently in business and located in ``Redwood
Valley.''
Historical or Current Evidence that the Boundaries of the
Viticultural Area are as Specified in the Petition
The ``Redwood Valley'' viticultural area boundaries are roughly the
watershed that forms the headwaters of the west fork of the Russian
River, including Forsythe Creek. Starting at the northern tip of the
valley and following the ridge tops, the area widens out to the south
as far as State Highway 20. Across Highway 20 to the south is the
community of Calpella. Highway 20 provides a distinct southern boundary
for the viticultural area. Calpella has a different zip code, water
district, school, etc than ``Redwood Valley.'' Furthermore, the soils
and climate of Calpella occupy a transition zone between Ukiah and
``Redwood Valley.''
Evidence Relating to the Geographical Features (Climate, Soil,
Elevation, Physical Features, etc.) Which Distinguish the
Viticultural Features of the Area from Surrounding Areas.
Topography
The geography of the area sets it apart from surrounding areas in
several respects. ``Redwood Valley'' is clearly defined by the ridges
of the coastal mountain range that surrounds it and that the Valley
floor slopes gently up in elevation from around 750' to 900' above sea
level. The mountain ridges rise steeply from the valley floor to over
3,350' elevation. Most of the grapes are grown at an elevation between
750' and 1,500' above sea level. At the south end of the valley the
foothills close in from the east and west to form a narrowed throat
through which the Russian River flows south. This narrowing is also
where Highway 20 crosses the valley and the river to intersect with
Highway 101. This combination of landforms provides a natural set of
boundaries for the viticultural area. These features combine in several
ways to produce growing conditions which distinguish the area from
surrounding areas. The soils, as well as the micro-, meso-, and macro-
climates are all factors that distinguish the viticultural area from
surrounding areas.
Soils
While all of the specific soil series that are found in ``Redwood
Valley'' also exist in the surrounding areas, the proportions of the
soils in ``Redwood Valley'' distinguish it from the surrounding areas.
The Wine Regions of America, a book written by John J. Baxevanis in
1992, gives the following description of the Redwood Valley area.
``Redwood Valley, the northernmost of the string of Russian River
Valleys, lies (eight) miles north of Ukiah and Lake Mendocino on a
series of higher terraces. Representing the birthplace of Mendocino
winemaking, it is the home of some of the county's largest wineries.
With more than 40 percent of the county's acreage, it is the most
important of all the producing regions in the two county region [Lake
and Mendocino]. A region II area, it produces above-average quality
Zinfandel, Cabernet Sauvignon, Chardonnay, Petite Sirah, and Sauvignon
Blanc. One of its elements of celebrity is the considerable quantity of
Manzanita soil.'' (pg. 295). The petitioner was unable to ascertain the
origin of the term ``Manzanita soil.'' However, he states that,
``Redwood Valley does contain the largest deposit of the famous Redvine
soil in the region and perhaps it is this to which Baxevanis refers.''
The soils in the viticultural area have several unique features as
determined by the U.S.D.A. Soil Conservation Service (SCS). The 1991
Soil Survey of Mendocino County, Eastern Part, and Trinity County,
Southwestern Part, California, was used extensively by the petitioner
to determine the identity and areas of soils for comparison. Whereas
all of the specific soil series that are found in ``Redwood Valley''
occur in the surrounding area, it is the proportions in which they
appear in ``Redwood Valley'' that are unique. ``Redwood Valley'' has by
far the largest deposit of Redvine Series soil (#184-186 SCS Survey) in
the area. Nearly one quarter of the viticultural area's plantable
acreage is composed of soils of the Redvine Series. Potter Valley
Viticultural Area to the east has no Redvine Series soils. The
Calpella/Ukiah area to the south of ``Redwood Valley'' has a few small
and isolated pockets of Redvine soils but their combined area amounts
to less than 10% of the area covered by Redvine Series soils in
``Redwood Valley.''
Another soil series that stands out, is the Pinole Gravelly Loam
(#178-180 SCS Survey), which also occurs in the Potter Valley and Ukiah
areas, but is a much smaller component of the area's overall
composition. ``Redwood Valley'' has three times as much Pinole Gravelly
Loam as either of these other two areas. This soil type makes up nearly
a third of ``Redwood Valley's'' growing area.
The Redvine and Pinole Gravelly Loam soil series comprise over half
of the vineyard acreage of ``Redwood Valley.'' The rest are an amalgam
of six other types: Feliz, Pinnobie, Yokayo, Russian, Talmage, and
Yokayo/Pinole/Pinobie. These last six general types (plus traces of a
few more types) evidence themselves in the neighboring areas in varying
proportion, but all play a larger role elsewhere than they do in
``Redwood Valley.''
The petitioner provided a table illustrating the proportions of
soil types in the ``Redwood Valley'' area compared with the Ukiah/
Calpella area. These figures were derived from SCS maps and soil
descriptions, and were measured with a Compensating Polar Planimeter.
The table indicates that, while ``Redwood Valley'' contains most of the
same soil types as the Ukiah Valley, such soils are present in
different quantities in the respective areas.
[[Page 67465]]
Climate
One local winemaker, Jefferson Hinchliffe of Gabrielli Winery
stated as follows about the way ``Redwood Valley's'' unique climate and
soils manifest themselves in the wine: ``I have been making wines from
the many districts of Mendocino County for (t)en years. During that
period I have developed a sense of what distinguishes the wines of
Redwood Valley * * *. The wines in general are of higher acidity and
later maturity than of Ukiah Valley. The typical picking schedule for a
given variety would begin with the Hopland-Sanel area, followed by
Ukiah-Calpella, and then Redwood Valley. Comparisons with Potter Valley
are based on fewer varieties since Potter Valley is planted mainly to
early ripening Pinot and Chardonnay. Anderson Valley north of Boonville
ripens later than Redwood Valley * * *. Acidity, color (especially in
Pinot Noir), and phenolic content are higher in Redwood Valley than in
adjacent regions. Higher temperatures in general lower phenolic
content, color, and acidity * * *. Late ripening varieties can have
difficulty ripening in Redwood Valley. Cabernet in general is able to
tolerate the rain associated with the late season, but more fragile
varieties such as Petite Sirah, Carignane, and Sangiovese can rot
before ripening in heavier soils when bearing large crops. Conservative
farming can produce stellar examples of these varieties * * *.''
Another wine maker, Jed Steele, of Steele Wines submitted a letter
of support for the petition, in which he stated as follows. ``[T]he
REDWOOD VALLEY of Mendocino County is an excellent and singular grape
growing region, certainly worthy of receiving a separate viticultural
district designation * * *. It appears that REDWOOD VALLEY's particular
climate allows for attaining many of the positive quality factors found
in grapes grown in the cooler regions of Mendocino (Anderson Valley,
etc.) as well as giving harvests that allow for more consistent
maturity found in the more interior valleys (Potter Valley, etc.) of
this county.''
In addition, the February 15, 1993 issue of The Wine Spectator,
page 11, contains an article entitled ``California's Redwood Valley
Moves Out of the Shadows,'' by Robyn Bullard, which states as follows.
``Wineries such as Fetzer, Weibel, and Frey have been in Redwood Valley
for years, but now four more wineries have cropped up. The region
boasts good soil and operating costs that are cheaper than other areas
in Northern California * * *. Costs aside, Redwood Valley vineyards
have long yielded quality grapes * * *. Compared to the hot Ukiah
Valley, Redwood Valley is much cooler. The area rarely gets fog, but
the terrain and location allow ocean breezes--the same winds that cool
Anderson Valley.''
There are a number of factors that make ``Redwood Valley''
climatically distinct. The petitioner provided a table listing the
major agricultural areas of Mendocino County and their respective
climatic region and number of degree days, as reflected in the SCS Soil
Survey, 1991, pg. 4. Degree day figures for Anderson Valley were
unavailable. The table indicates that ``Redwood Valley'' has 2,914
degree days and is the only Region II Climate in Mendocino County,
factors that the petitioner states are significant. In support of this
assertion, the petitioner cites the grape growing textbook General
Viticulture, 1974, by Winkler et al., which he states contains the
following excerpt: ``Region II.--An area of great importance. The
valleys can produce most of the premium-quality and good standard white
and red table wines of California. The less productive slopes and
hillsides vineyards cannot compete in growing grapes for standard
wines, because of lower yield, but, nevertheless, can produce favorable
yields of fine wines'' (pgs. 66-67).
The petitioner states that, ``(s)ince November of 1987, Light
Vineyard of Redwood Valley (Latitude 39 degrees 18.32', Longitude 123
degrees 12.46', elevation 800') has maintained a U.S. Weather Bureau
standard weather station including the following instruments: maximum/
minimum thermometer, Belfort Recording Hygrothermograph, Belfort
Recording Pyranograph, Totalizing Anemometer, Evaporation Pan, and Rain
Gauge. Readings are taken daily, and data are transmitted monthly to
the California Irrigation Management Information Service in
Sacramento.''
Records from this station show that, in the most recent eight year
period, the ``Redwood Valley'' received 22% more rainfall than the
Ukiah Valley. The petitioner provided a table comparing the monthly
totals for rainfall in ``Redwood Valley'' and Ukiah, for the eight year
period for which they have maintained records. The table and charts
were prepared from data gathered from the Light Vineyard Weather
station which meets U.S. Weather Bureau standards. According to these
records, the average total monthly rainfall in Ukiah Valley was 32.48
inches during the period of July through June compared to an average
total of 39.62 inches for ``Redwood Valley'' during the same period.
The petitioner also provided a graph comparing the annual rainfall
values for ``Redwood Valley'' and Ukiah Valley averaged over a six year
period. The graph indicates that the precipitation values for ``Redwood
Valley'' were consistently higher than those for Ukiah Valley over the
six year period measured.
``Redwood Valley's'' temperatures are several degrees lower in
daily lows than Ukiah Valley. The petitioner states that, ``(t)his
accounts for the lower growing degree day totals in Redwood Valley and
its placement in Region II. So, although Redwood Valley may reach daily
high temperatures similar to the Ukiah area, because of cooler nights
there remains a longer morning cool period.'' The petitioner also
provided a chart comparing monthly average temperatures for the two
areas averaged over a six year period. This chart supports the
petitioner's contentions regarding average maximum and minimum
temperatures.
Boundaries
The ``Redwood Valley'' viticultural area is located in east central
Mendocino County, California. The boundaries of the viticultural area
can be found on four U.S. Geological Survey Quadrangle Maps labeled,
``Redwood Valley, Calif.'' 1960, photorevised 1975, ``Ukiah, Calif.''
1958, photorevised 1975, ``Laughlin Range, Calif.'' 1991 and, ``Orr
Springs, California, provisional edition'' 1991. All are 7.5 minute
series maps. It should be noted that the entire eastern boundary of the
``Redwood Valley'' viticultural area abuts the western boundary of the
Potter Valley viticultural area.
Executive Order 12866
It has been determined that this 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.
Regulatory Flexibility Act
It is hereby certified that this 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
[[Page 67466]]
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 region.
Accordingly, a regulatory flexibility analysis is not required
because this final rule, is not expected (1) to have significant
secondary, or incidental effects on a substantial number of small
entities; or (2) to impose, or otherwise cause a significant increase
in the reporting, recordkeeping, or other compliance burdens on a
substantial number of small entities.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995, Pub. L. 96-
511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 C.F.R.
Part 1320, do not apply to this rulemaking because no requirement to
collect information is proposed.
Drafting Information
The principal author of this document is David W. Brokaw, 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, 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.
Subpart C--Approved American Viticultural Areas
Par. 2. Subpart C is amended by adding Sec. 9.153 to read as
follows:
* * * * *
Sec. 9.153 Redwood Valley.
(a) Name. The name of the viticultural area described in this
section is ``Redwood Valley.''
(b) Approved maps. The appropriate maps for determining the
boundary of the Redwood Valley viticultural area are four Quadrangle
7.5 minute series 1:24,000 scale U.S.G.S. topographical maps. They are
titled:
(1) ``Redwood Valley, Calif.'' 1960, photorevised 1975.
(2) ``Ukiah, Calif.'' 1958, photorevised 1975.
(3) ``Laughlin Range, Calif.'' 1991.
(4) ``Orrs Springs, California, provisional edition'' 1991.
(c) Boundary. The Redwood Valley viticultural area is located in
the east central interior portion of Mendocino County, California. The
boundaries of the Redwood Valley viticultural area, using landmarks and
points of reference found on appropriate U.S.G.S. maps, are:
(1) The beginning point is the intersection of State Highway 20
with the eastern boundary of Section 13, T16N/R12W located in the
extreme northeast portion of the U.S.G.S. map, ``Ukiah, Calif.'';
(2) Then north along the east boundary line of Sections 12 and 1 to
the northeast corner of Section 1, T16N/R12W on the U.S.G.S. map,
``Redwood Valley, Calif.'';
(3) Then west along the northern boundary line of Section 1 to the
northwest corner of Section 1, T16N/R12W;
(4) Then north along the east boundary line of sections 35, 26, 23,
14, 11, and 2 to the northeast corner of Section 2, T17N/R12W;
(5) Then west along the northern boundary of Sections 2, 3, 4, 5,
and 6 to the northwest corner of Section 6, T17N/R12W;
(6) Then 10 degrees southwest cutting diagonally across Sections 1,
12, 13 ,24, 25, and 36 to a point at the northwest corner of Section 1,
T16N/R13W on the U.S.G.S. map, ``Laughlin, Range, Calif.'';
(7) Then south along the western boundary line of Sections 1 and 12
to the southwest corner of Section 12, T16N/R13W;
(8) Then 13 degrees southeast across Sections 13, 18, and 17 to the
intersection of State Highway 20 and U.S. Highway 101, T16N/R12W on the
U.S.G.S. map, Ukiah, Calif.''; and
(9) Then easterly along a line following State Highway 20 back to
the beginning point at the eastern boundary of Section 13, T16N/R12W
located in the extreme northeast portion of the U.S.G.S. map ``Ukiah,
Calif.''
Signed: November 8, 1996.
John W. Magaw,
Director.
Approved: November 22, 1996.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary (Regulatory, Tariff, and Trade
Enforcement).
[FR Doc. 96-32422 Filed 12-20-96; 8:45 am]
BILLING CODE 4810-31-P