[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Proposed Rules]
[Pages 13583-13585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7200]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[Notice No. 858]
RIN 1512-AA07
Chiles Valley Viticultural Area (96F-111)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) has received
a petition for the establishment of a viticultural area in Napa County,
California, to be known as ``Chiles Valley.'' This proposal is the
result of a petition submitted by Mr. Volker Eisele, owner of the
Volker Eisele Vineyard and Winery.
DATES: Written comments must be received by May 19, 1998.
ADDRESSES: Send written comments to: Chief, Regulations Branch, Bureau
of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, D.C.
20091-0221 (Attn: Notice No. 858). Copies of the petition, the proposed
regulation, the appropriate maps, and written comments will be
available for public inspection during normal business hours at: ATF
Public Reading Room, Office of Public Affairs and Disclosure, Room
6480, 650 Massachusetts Avenue, NW, Washington, D.C.
FOR FURTHER INFORMATION CONTACT: Thomas B. Busey, Specialist,
Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 650
Massachusetts Avenue, NW, Washington, D.C. 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)(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 4.25(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 has received a petition from Mr. Volker Eisele, representing
the Chiles Valley District Committee proposing to establish a new
viticultural area in Napa County, California to be known as ``Chiles
Valley District.'' The proposed Chiles Valley District viticultural
area is located entirely within the Napa Valley. The proposed
viticultural area is located in the eastern portion of Napa Valley
between and on the same latitude as St. Helena and Rutherford. It
contains approximately 6,000 acres, of which 1,000 are planted to
vineyards. Four wineries are currently active within the proposed
viticultural area.
Evidence That the Name of the Area Is Locally or Nationally Known
An historical survey written by Charles Sullivan spells out the
historical use of the name Chiles Valley and vineyard plantings dating
back to the late 1800's. Numerous references exist indicating the
general use of the name ``Chiles Valley'' to refer to the petitioned
area. The petitioner included copies of title pages of various
publications, guide and tour book references, public and private phone
book listings and Federal and State agency maps, to illustrate the use
of the name.
In the petitioner's original proposal, the term ``district'' was
included as part of the viticultural area name (i.e., Chiles Valley
District). Although the petitioner stated that there was no historical
evidence for the use of the term ``district'' in conjunction with
Chiles Valley, the committee felt that the use of this term was
important to emphasize that the Chiles Valley was part of a larger
valley, in this case the Napa Valley, which totally surrounds the
proposed viticultural area. Under California state law an appellation
that is totally surrounded by the Napa Valley appellation can only use
the name conjunctively with the name Napa Valley on any wine label. ATF
has permitted the addition of the term ``District'' to the proposed
names of viticultural areas before. See Stag's Leap District, 27 CFR
9.117; San Ysidro District, 27 CFR 9.130; and, Spring Mountain
District, 27 CFR 9.143. However, in each of these there was evidence
submitted to justify the use of the term ``district'' as part of the
viticultural area name.
ATF does not believe the petitioner has submitted sufficient
evidence to support the use of the term ``District'' with Chiles
Valley. Consequently, the name of the proposed viticultural area is
being proposed as ``Chiles Valley.'' However, ATF encourages the
submission of any specific comments on the issue of whether the term
``district'' in the proposed name is appropriate.
Historical or Current Evidence That the Boundaries of the Viticultural
Area Are as Specified in the Petition
According to the petitioner, the boundaries establish a grape
producing area with an identifiable character and quality, based on
climate, topography, and historical tradition. The historical evidence
can be dated to the mid 1800's with a land grant from the Mexican
government to Joseph Ballinger Chiles, whose name the valley would
later bear. The land grant was called Rancho Catacula and these lands
all lie within the proposed appellation boundaries. The boundaries of
the land grant are still recognized on U.S.G.S. maps of the area. A
vineyard planting was one of the earliest agricultural operations
conducted. For the most part the
[[Page 13584]]
boundaries of the proposed area use the land grant (Rancho line)
boundary lines. This area includes virtually all lands that in any way
might be used for agricultural purposes. Beyond the Rancho line are
very steep slopes, which are mostly part of the serpentine chaparral
soil formation. Historically it is also fairly clear the land grant
boundaries were drawn to include usable land rather than the watershed,
which, on all sides of the old Rancho Catacula is much further up the
slopes. In sum, the petitioner believes the proposed boundaries
encompass an area of remarkable uniformity with respect to soils,
climate and elevation that produce a unique microclimate within the
Napa Valley.
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 of the
proposed viticultural area set it apart from the surrounding area in
the Napa Valley and produce a unique microclimate.
The lands within the proposed boundaries generally lie between the
800 and 1000 feet altitudes above sea level. The valley runs northwest
to southeast and is therefore an open funnel for the prevailing
northwesterly winds. This fairly constant northwesterly flow produces
substantial cooling during the day and, in combination with the
altitude, relatively dry air. During the night, this drier air leads to
more rapid cooling than in most of the Napa Valley. In addition, the
narrow valley surrounded by the hills up to 2200 feet concentrates the
cooler air flowing down the hillsides toward the valley floor where the
vineyards are located.
Also, the relative distance from the San Pablo Bay and the Pacific
Ocean allows the summer fog to move in much later than in the main Napa
Valley. By the time the fog does reach the Chiles Valley the air
temperatures have dropped much more dramatically than in the Napa
Valley, thereby causing much lower temperatures during the night. Late
fog ceiling, combined with low minimums, cause a very slow heat buildup
during the day, again producing relatively cooler average temperature
than is found in many places of the Napa Valley.
Available data indicates a ``Region Two'' according to the U.C.
Davis climate classification. The growing season starts later than in
the Napa Valley due to a more continental winter with temperatures
dropping below 20 degrees F. The high incidence of spring frost is
another indication of the generally cooler climate conditions.
In the areas immediately adjacent to the proposed boundaries, the
micro-climate changes significantly. As one moves up the hillsides on
either side of Chiles Valley the summer fog blanket gets thinner and
thinner and disappears altogether at approximately 1400 to 1500 feet
elevation.
Since the cold air drains down into the Chiles Valley, the night
time temperatures are quite a bit higher on the steep slopes than on
the valley floor. In addition, the lack of fog allows a much faster
temperature build up during the day, reaching the daily high two to
three hours earlier than on the valley floor. Not only is the
temperature drop at nightfall less, but also much more gradual so that
during a 24 hour period the heat summation is substantially higher on
the slopes than within the proposed boundaries. In winter, the
situation is reversed. Strong winds tend to chill the uplands creating
much more of a continental climate than on the valley floor. Snowfall
above 1400 feet has been observed many times.
The microclimatic limitations combined with enormous steepness and
very poor soil (serpentine, heavy sandstone formations, and shale out
croppings) create an abrupt change from the proposed viticultural area
to the areas surrounding it.
The petitioner believes that Pope Valley to the north of the
proposed viticultural area is also significantly different. A
combination of a lower elevation valley floor and substantially higher
mountains on the western side causes the formation of inversion layers
which result in substantially higher average temperatures during the
growing season and significantly lower ones in the winter. In addition,
the summer fog from the Pacific Ocean never reaches the Pope Valley.
The petitioner also states that the particular interplay between
climate and soil make for unique growing conditions in the proposed
area. The soils within the proposed appellation are uncommonly well
drained and of medium fertility. The overall terrain gently slopes
toward a series of creeks which act as natural drainage for surface as
well as subterranean water. The petitioner believes this is a good
basis for high quality grapes.
Uniform elevation and relatively uniform soil make the proposed
viticultural area a clearly identifiable growing area. Almost all
vineyards lie between 800 and 1000 feet elevation. As a general rule
the soils in the Chiles Valley all belong to the Tehama Series: Nearly
level to gently slopping, well drained Silt loams on flood plains and
alluvial fans.
The total planted acreage in 1996 was roughly 1000 acres. The
remaining plantable area does not exceed 500 acres. This small size
illuminates the petitioner's goal of a well defined, specific
appellation.
Proposed Boundaries
The boundaries of the proposed Chiles Valley viticultural area may
be found on four 1:24,000 scale U.S.G.S. maps titled: St. Helena, CA
(1960); Rutherford, CA (1968); Chiles Valley, CA (1980); and
Yountville, CA (1968).
Public Participation-Written Comments
ATF requests comments from all interested persons. Comments
received on or before the closing data 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 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.
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.
[[Page 13585]]
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 the region.
Accordingly, a regulatory flexibility analysis is not required
because the proposal, if promulgated as a 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.
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 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 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 Sec. 9.154 to read as
follows:
* * * * *
Subpart C--Approved American Viticultural Areas
Sec. 9.154 Chiles Valley
(a) Name. The name of the viticultural area described in this
section is ``Chiles Valley.''
(b) Approved maps. The appropriate maps for determining the
boundary of the Chiles Valley viticultural area are four 1:24,000 Scale
U.S.G.S. topography maps. They are titled:
(1) St. Helena, CA 1960 photorevised 1980
(2) Rutherford, CA 1951 photorevised 1968
(3) Chiles Valley, CA 1958 photorevised 1980
(4) Yountville, CA 1951 photorevised 1968
(c) Boundary. The Chiles Valley viticultural area is located in the
State of California, entirely within the Napa Valley viticultural area.
The boundaries of the Chiles Valley viticultural area, using landmarks
and points of reference found on appropriate U.S.G.S. maps follow. The
local names of roads are identified by name.
(1) Beginning on the St. Helena, CA quadrangle map at the
northernmost corner of Rancho Catacula in Section 34, Township 9 North
(T9N), Range 5 West (R5W), Mount Diablo Base and Meridian (MDBM);
(2) Then in southwesterly direction along the Rancho Catacula
boundary line to its intersection with the Rancho La Jota boundary
line;
(3) Then in a south-southeasterly direction approximately 3,800
feet along the Rancho Catacula/Rancho La Jota boundary line to the
point where the Rancho Catacula boundary separates from the common
boundary with Rancho La Jota;
(4) Then in a southeasterly direction continuing along the Rancho
Catacula boundary approximately 23,600 feet to a point of intersection,
in the NE \1/4\ Sec. 19, T8N, R4W, on the Chiles Valley quadrangle map,
with a county road known locally as Chiles and Pope Valley Road;
(5) Then in a southwesterly direction along Chiles and Pope Valley
Road to a point where it first crosses an unnamed blueline stream in
the SE \1/4\ Section 19, T8N, R4W;
(6) Then following the unnamed stream in generally southeast
direction to its intersection with the 1200 foot contour;
(7) Then following the 1200 foot contour in a northeasterly
direction to a point of intersection with the Rancho Catacula boundary
in section 20, T8N, R4W;
(8) Then in a southeasterly direction along the Rancho Catcula
boundary approximately 17,500 feet to the southwest corner of Rancho
Catacula in section 34, T8N, R4W on the Yountville, CA, quadrangle map;
(9) Then in a northeasterly direction along the Rancho Catacula
boundary approximately 650 feet to its intersection with the 1040 foot
contour;
(10) Then along the 1040 foot contour in a generally east and
northeast direction to its intersection with the Rancho Catacula
boundary;
(11) Then in a northeasterly direction along the Rancho Catacula
boundary approximately 1100 feet to its intersection with the 1040 foot
contour;
(12) Then along the 1040 foot contour in an easterly direction and
then in a northwesterly direction to its intersection of the Rancho
Catacula boundary;
(13) Then in a southwesterly direction along the Rancho Catacula
boundary approximately 300 feet to a point of intersection with a line
of high voltage power lines;
(14) Then in a westerly direction along the high voltage line
approximately 650 feet to its intersection with the 1000 foot contour;
(15) Then continuing along the 1000 foot contour in a generally
northwesterly direction to the point of intersection with the first
unnamed blueline stream;
(16) Then along the unnamed stream in a northerly direction to its
point of intersection with the 1200 foot contour;
(17) Then along the 1200 foot contour in a northwesterly direction
to its points of intersection with the Rancho Catacula boundary in
Section 35, T9N, R5W on the St. Helena, CA, quadrangle map;
(18) Then along the Rancho Catacula boundary in a northwesterly
direction approximately 5,350 feet to a northernmost corner of Rancho
Catacula, the beginning point on the St. Helena quadrangle map a the
northernmost corner of Rancho Catacula in Section 34, T9N, R5W, MDBM.
Signed: February 20, 1998.
John W. Magaw,
Director.
[FR Doc. 98-7200 Filed 3-19-98; 8:45 am]
BILLING CODE 4810-71-P