[Federal Register Volume 63, Number 165 (Wednesday, August 26, 1998)]
[Proposed Rules]
[Pages 45427-45430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22875]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[Notice No. 864]
RIN 1512-AAD7
Yountville Viticultural Area ( 98R-28P)
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 for the establishment of a viticultural area in Napa County,
California, to be known as ``Yountville.'' This proposal is the result
of a petition submitted by Yountville appellation committee.
DATES: Written comments must be received by October 26, 1998.
ADDRESSES: Send written comments to: Chief, Regulations Division,
Bureau of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington,
D.C. 20091-0221 (Attn: Notice No. 864). 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 Division, 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. Richard Mendelson, submitted
on behalf of a number of wineries and grape growers in the Yountville
area. The proposed viticultural area is located entirely within the
Napa Valley. It contains approximately 8260 acres, of which 3500 are
planted to vineyards. The proposed viticultural area was determined by
extending the wine growing area from around the town of Yountville
until it abuts the already established viticultural areas of Oakville
on the north, Stags Leap District on the east, and Mt. Veeder on the
west. On the south is an area called Oak Knoll which has petitioned to
be considered a viticultural area.
[[Page 45428]]
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 Yountville and vineyard plantings dating
back to the late 1800's. Numerous references exist indicating the
general use of the name ``Yountville'' 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.
For example, an ad for wine in the 1880's stresses the source of the
grapes for the wine as ``Yountville.'' Yountville is also prominently
mentioned in James Halliday's Wine Atlas of California.
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
growing area with an identifiable character, based on climate,
topography, and historical tradition. The Yountville area boundaries
were determined by extending the grape growing area from around the
town itself until it abuts the already established viticultural areas
of Oakville on the north, Stags Leap District on the east and Mt.
Veeder on the west and an area called Oak Knoll on the south, which is
currently under consideration on whether it should be recognized as a
viticultural area. The proposed boundaries of the area were determined
by already existing AVA's and by the distinguishing physical features
of the area. The boundary lines are accurately described using the
features on the submitted U.S.G.S maps. In sum, the petitioner believes
the proposed boundaries encompass an area of remarkable uniformity with
respect to soils, climate and existing AVA's.
The history of viticulture in the Napa Valley begins with George C.
Yount. Yount first visited the Napa Valley in 1831. He was granted his
Rancho Caymus on March 3, 1836. It amounted to approximately 11,000
acres and covered the valley and foothills from the Bale Slough in the
north to a line which runs through the town of Yountville today. By the
1840's he had established a small vineyard. In 1855, he commissioned a
surveyor to lay out the city. The new community was christened
Sebastopol. In 1887, two years after Yount's death, the town was
renamed in honor of its founder.
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 distinguishing
features of the proposed viticultural area are the Napa River, the Napa
Valley floor, the alluvial soils, the hills north of Yountville called
the Yountville Mounts and the hills west of Yountville which form the
western boundary of the Napa Valley.
The petitioner has submitted evidence showing that the weather is
specific to the Yountville area with cool marine air currents reaching
the Yountville Mounts (northern border of the proposed area) and which
form a weather barrier to further expansion of the fogs and winds. Also
the soils which form the alluvial fan just across the southern boundary
of the Yountville area can be seen to come from the Dry Creek watershed
(see U.S.G.S. maps). The soils just north of the Yountville border come
from the hills that form the western side of the area. The line along
Ragatz Lane was selected to delineate the two areas. The soils between
Yountville and Stags Leap District can be seen to differ north of the
Yountville crossroad with the Rector canyon being the parent and the
area between the Napa River and the Silverado Trail belonging to the
hills immediately to the east.
According to the petitioner, the Yountville area, and specifically
the area near and west of the town of Yountville, is one of the coolest
vineyard regions of the Napa Valley viticultural area with long, cool
growing season for grapevines. The Amerine and Winkler (1944) climate
scheme rates this area as a Region II climate in a typical year, with a
growing season degree-day totals of 2600 to 2900. This makes the area
around the town of Yountville warmer than most of the Carneros
viticultural area, but cooler than parts of Mt. Veeder and Oakville.
According to the petitioner, the Yountville area is unusual as a
Napa Valley floor viticultural region in that it is not dominated
geomorphically by large alluvial fans. It is most similar geologically
to the Stags Leap District, which also is dominated by an old Napa
River channel. However, the petitioner alleges that the Yountville area
is also geologically and geomorphologically distinct from the Stags
Leap District , as Yountville was an area of intense coastal deposition
along what must have been a nearshore current set up on the western
side of the valley. The only similar coastal deposits found in the Napa
Valley are in the Hagen Road area east of the City of Napa off Olive
Hill Lane. Geomorphic deposits strongly influence soil types in the
regions. Pronounced differences in soils are seen between Yountville,
Oakville, the Stags Leap District, Mt. Veeder, and the proposed Oak
Knoll viticultural area.
Proposed Boundaries
The boundaries of the proposed Yountville viticultural area may be
found on four U.S.G.S. Quadrangle (7.5 Minute Series) maps titled:
Napa, CA (1951); Rutherford, CA (1951); Sonoma, CA (1951); and
Yountville, CA (1951).
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
[[Page 45429]]
rulemaking 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 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 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.
Subpart C--Approved American Viticultural Areas
Par. 2. Subpart C is amended by adding Sec. 9.160 to read as
follows:
Sec. 9.160 Yountville.
(a) Name. The name of the viticultural area described in this
section is ``Yountville.''
(b) Approved maps. The appropriate maps for determining the
boundary of the Yountville viticultural area are four 1:24,000 Scale
U.S.G.S. topography maps. They are titled:
(1) Napa, CA 1951 photorevised 1980.
(2) Rutherford, CA 1951 photorevised 1968.
(3) Sonoma, CA 1951 photorevised 1980.
(4) Yountville, CA 1951 photorevised 1968.
(c) Boundary. The Yountville viticultural area is located in the
State of California, entirely within the Napa Valley viticultural area.
The boundaries of the Yountville viticultural area, using landmarks and
points of reference found on appropriate U.S.G.S. maps are as follows:
(1) Beginning on the Rutherford quadrangle map at the intersection
of the 500 foot contour line with an unnamed stream known locally as
Hopper Creek north of the center of Section 3, T6N, R5W, Mount Diablo
Meridan (MDM);
(2) Then along the unnamed stream (Hopper Creek) southeasterly, and
at the fork in Section 3, northeasterly along the stream to the point
where the stream intersects with an unnamed dirt road in the northwest
corner of Section 2, T6N, R5W, MDM;
(3) Then in a straight line to the light duty road to the immediate
northeast in Section 2, then along the light duty road in a
northeasterly direction to the point at which the road turns 90 degrees
to the left;
(4) Then northerly along the light duty road 625 feet, then
northeasterly (N 40 deg. by 43') in a straight line 1,350 feet, along
the northern property line of Assessor's Parcel Number 27-380-08, to
State Highway 29, then continuing in a straight line approximately 500
feet to the peak of the 320 plus foot hill along the western edge of
the Yountville hills;
(5) Then east to the second 300 foot contour line, then along said
contour line around the Yountville hills to the north to the point at
which the 300 foot line exits the Rutherford quadrangle for the second
time;
(6) Then, on the Yountville quadrangle map, in a straight line in a
northeasterly direction approximately N34 deg. by 30'E approximately
1,000 feet to the 90 degree bend in the unimproved dirt road shown on
the map, then along that road, which coincides with a fence line to the
intersection of Conn Creek and Rector Creek;
(7) Then along Rector Creek to the northeast past Silverado Trail
to the Rector Reservoir spillway entrance, then south approximately 100
feet to the 400 foot contour line, then southerly along the 400 foot
contour line approximately 4200 feet to the intersection with a gully
in section 30, T7N, R4W, MDM;
(8) Then southwesterly down the center of the gully approximately
800 feet to the medium duty road known as Silverado Trail, then
southeasterly along the Silverado Trail approximately 590 feet to the
medium duty road known locally as Yountville Cross Road;
(9) Then southwesterly along the Yountville Cross Road (denoted as
GRANT BDY on the map) approximately 4,700 feet to the main branch of
the Napa River, then following the western boundary of the Stags Leap
District viticultural area, first southerly down the center of the Napa
River approximately 21,000 feet, then leaving the Napa River
northeasterly in a straight line approximately 900 feet to the
intersection of the Silverado Trail with an intermittent stream at the
60 foot contour line in T6N, R4W, MDM;
(10) Then along the Silverado Trail southerly approximately 3,200
feet, passing into the Napa quadrangle, to a point which is east of the
confluence of Dry Creek with the Napa River; then west approximately
600 feet to said confluence; then northwesterly along Dry Creek
approximately 3,500 feet, passing into the Yountville quadrangle to a
fork in the creek; then northwesterly along the north fork of Dry Creek
approximately 5,700 feet to the easterly end of the light duty road
labeled Ragatz Lane;
(11) Then southwesterly along Ragatz Lane to the west side of State
Highway 29, then southerly along Highway 29 by 982 feet to the easterly
extension of the north line boundary of Napa County Assessor's parcel
number 034-170-015, then along the north line of APN 034-170-015 and
its extension westerly 3,550 feet to the dividing line Between R4W and
R5W on the Napa quadrangle, then southwesterly approximately 1000 feet
to the peak denoted as 564 (which is about 5,500 feet easterly of the
northwest corner of the Napa quadrangle); then southwesterly
approximately 4,000 feet to the peak northeast of the reservoir gauging
station denoted as 835.
(12) Then southwesterly approximately 1,500 feet to the reservoir
[[Page 45430]]
gauging station, then west to the 400 foot contour line on the west
side of Dry Creek, then northwesterly along the 400 foot contour line
to the point where the contour intersects the north line of Section 10.
T6N, R5W, MDM, immediately adjacent to Dry Creek on the Rutherford, CA
map;
(13) Then northwesterly along Dry Creek approximately 6,500 feet to
BM503, then northeasterly approximately 3,000 feet to the peak denoted
as 1478, then southeasterly approximately 2,300 feet to the beginning
of the creek known locally as Hopper Creek, then southeasterly along
Hopper Creek approximately 2,300 feet to the point of beginning.
Signed: August 19, 1998.
John W. Magaw,
Director.
[FR Doc. 98-22875 Filed 8-25-98; 8:45 am]
BILLING CODE 4810-31-U