[Federal Register Volume 65, Number 155 (Thursday, August 10, 2000)]
[Proposed Rules]
[Pages 48953-48956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20340]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[Notice No. 901]
RIN 1512-AA07
Proposal To Establish a River Junction Viticultural Area (98R-
192P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is
considering the establishment of a viticultural area located in
southern San Joaquin County, California, to be known as ``River
Junction.'' This proposed viticultural area is the result of a petition
filed by Mr. Ronald W. McManis. 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 allow wineries
to designate the specific areas where the grapes used to make the wine
were grown and enable consumers to better identify the wines they
purchase.
DATES: Written comments must be received by Ocotber 10, 2000.
ADDRESSES: Send comments to: Chief, Regulations Division, Bureau of
Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, DC 20091-
0221; ATTN: Notice No. 901. For additional information on submitting
comments, see the Public Participation section.
A copy of the petition, the proposed regulations, the appropriate
maps, and any written comments in response to this notice of proposed
rulemaking will be available for public inspection during normal
business hours at: ATF Reference Library, Office of Liaison and Public
Information, Room 6480, 650 Massachusetts Avenue, NW, Washington, DC
20226.
FOR FURTHER INFORMATION CONTACT: Tim DeVanney, Regulations Division,
650 Massachusetts Avenue, NW, Washington, DC 20226; Telephone (202)
927-8196.
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,
Code of Federal Regulations, 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 has received a petition from Mr. Ronald W. McManis, proposing
to establish a new viticultural area in southern San Joaquin County,
California, to be known as ``River Junction.'' The proposed
viticultural area is located at the western edge of San Joaquin Valley
(also known as the Central Valley) and the southernmost edge of the
Sacramento-San Joaquin River Delta. It contains approximately 1,300
contiguous acres, of which 740 are currently planted to vineyards.
Present agricultural use of the area is primarily 700 acres of
Chardonnay grapes. An additional 40 acres are planted to Cabernet
Sauvignon grapes.
Evidence That the Name River Junction Is Locally or Nationally
Known
According to the petitioner, the origin of the name, ``River
Junction,'' refers to the junction of the Stanislaus River with
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the San Joaquin River. Mr. McManis states, ``The name is in prominent
use within the proposed viticultural area, undoubtedly because of the
significant prehistoric, historic, and ongoing influence of the rivers'
confluence on the immediate area.'' The petitioner owns a vineyard in
the proposed viticultural area. The property, purchased in the early
1990's, was previously known as ``River Junction Vineyards.'' The
petitioner submitted a vineyard block map of his ranch which shows the
historical ownership of the vineyards by the designation ``R'' for
``River Junction Vineyards.'' These vineyards are located within the
proposed viticultural area.
The name ``River Junction'' is also used for River Junction
Reclamation District No. 2064, a State of California Special District
dating from at least 1925. River Junction Reclamation District includes
Bret Harte Gardens subdivision, filed October 11, 1922. Since this
subdivision assumes reclamation within the District, it seems likely
that ``River Junction,'' as a District name, dates at least to 1922.
The name is also used for River Junction Farms subdivision no. 2 within
the River Junction Reclamation District.
Historical or Current Evidence That the Boundaries of the Proposed
Viticultural Area Are Specified in the Petition
The petitioner states that the proposed viticultural area is
bounded on the north by an old river terrace shelf delineated by
Division Road; on the northwest by a drainage boundary enhanced and
delineated by Airport Way; on the west and south by the San Joaquin
River; and on the south and east by the Stanislaus River.
According to the petitioner, following the Federal Swampland Act of
1850, reclamation of wetlands was begun. The petitioner states that a
portion of the proposed area was designated as a State Reclamation
District, River Junction Reclamation District No. 2064, and that the
proposed River Junction viticultural area ``* * * occupies the southern
one-third of the California State Reclamation District No. 2064 and is
the same as River Junction Farms Subdivision No. 2, except that it does
not include 195 acres at the northeast corner of that subdivision.''
As indicated, the petitioner owns a vineyard in the proposed
viticultural area. Most of the property, purchased in the early 1990's,
was previously known as River Junction Vineyards and is located within
the northwest and southwest boundaries of the proposed viticultural
area, west of Two Rivers Road.
Evidence Relating to the Geographical Features
Topography
The petitioner has supplied the following topographical evidence to
show that the proposed area is distinct from surrounding areas:
(a) South, east and west boundaries. The proposed River Junction
viticultural area is bounded on the west by relatively steep slopes and
the San Joaquin River, and is bounded on the south and east by gentle,
nearly flat topography and the Stanislaus River. The proposed area is
locally unique in terms of topography: Its gentle, persistent southwest
slope and higher boundaries form a shallow, slightly tilted bowl about
18 to 25 feet in elevation at the center. Original natural boundaries
to the west, south and east have been exaggerated by engineered,
permanent levees that range from about 35 to 42 feet in elevation.
Geographical analyses, provided by the petitioner, show a transect
through the proposed River Junction viticultural area and illustrate
the elevation differences that distinguish it.
(b) Northern boundary. The northern boundary of the proposed area
is an abrupt, natural elevation change at about the 29 foot contour,
delineated by Division Road. Physical evidence indicates that Division
Road was placed on the upper side of a pre-existing natural river
terrace boundary. The topographic change marked by the road exactly
follows geologic and soil type boundaries extending from the east to
the center of section 7 on the Ripon, CA quadrangle map T3S/R7E and
westward to Airport Way. The natural extension of ``Red Bridge Slough''
to the northwest is further evidence that this boundary is a natural
river terrace.
(c) Northwest boundary. The northwest boundary of the proposed
River Junction viticultural area is delineated by Airport Way, a subtle
natural high that is exaggerated by the raised roadbed. Elevation
ranges from about 29 to 35 feet. Available geologic and historic
evidence strongly supports the conclusion that, like Division Road,
Airport Way follows a natural topographic high. The U.S.G.S. maps
submitted by the petitioner show two separate sloughs draining from the
Airport Way/Division Road intersection. An unnamed slough on the
U.S.G.S. Ripon, CA quadrangle map drains southeast through the proposed
River Junction viticultural area, while the other slough, called ``Red
Bridge Slough'' on the U.S.G.S. Vernalis, CA quadrangle map, flows in
the opposite direction. A 1925 Reclamation District Map (``southern
part'') provided by the petitioner also shows the two sloughs. These
two sloughs coincide with occurrences of Merritt soils, which fan out
to the northwest and southeast of the Airport Way/Division Road
intersection. This provides further evidence that the intersection of
Airport Way and Division Road has historically sat on naturally higher
topography from which the soils accumulated downhill in two directions.
Soil
The petitioner provided the following evidence regarding the soil
composition of the proposed River Junction viticultural area:
(a) Formation and distribution of local soils. The proposed River
Junction viticultural area contains soils that are generally grouped as
alluvial, and which formed on the geologic parent material of recent
river channel deposits that are exposed in, and partly define, the
proposed area. Soils that formed on the stream channel deposits and
derived from these deposits, are similar to one another in nature, and
are characteristic of the parent sedimentary deposits. These soils are
identified as ``recent alluvial floodplains soils'' and ``delta and
floodplains soils'' in the U.S. Department of Agriculture soils reports
for San Joaquin and Stanislaus counties.
Where the Stanislaus River joins the San Joaquin River, bounding
topography is steeper to the west and flatter to the east, thus
restricting the westward limits of soils. West of the San Joaquin
River, northeast facing slopes limit alluvial soils to an area only
about \1/2\ mile or less in width. These soils, primarily Merritt-
Columbia-Dello series and Dospalos-Bolfar complex, are bounded on the
west by basin soils of the Willows-Pescadero series and terrace soils
of the Capay series. Conversely, east of the San Joaquin River, flatter
topography has allowed alluvial soils to accumulate to a width of 1 to
1\1/2\ miles.
South of the Stanislaus River there are mostly Columbia-Temple
series soils, bounded by basin soils of the Waukena-Fresno association,
and alluvial fan soils of the Modesto-Chualar group that extend
eastward.
North of the Stanislaus River, elevation is slightly higher than to
the south, and topography is nearly flat but includes subtle northwest-
facing and more strongly expressed southwest-facing slopes. Here the
alluvial soils reach 1\1/2\ miles in width and are composed of Merritt-
Grangeville-Columbia series with lesser amounts of Dello and Egbert
soils. They are bounded to the east by terrace soil
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groups, primarily of the Delhi-Veritas-Tinnin series.
(b) Unique soil composition of proposed area. The proposed River
Junction viticultural area is a mix of soils that differs from the
surrounding areas. Among the total soils, nearly one-half are sandy
types, and about one-fourth of the total is fine sandy loam of the
Grangeville series. Soil types include about 25 percent Grangeville
fine sandy loam; about 50 percent Merritt silty clay loam; nearly 25
percent Columbia fine sandy loams; and less than 1 percent Veritas
silty clay loam. None of the surrounding areas has nearly as high a
ratio between sandy loam to clay loam soils. Grangeville sandy loam is
unusual in this part of the southern delta. The single other local
occurrence of Grangeville sandy loam soil is west of the San Joaquin
River, 1\1/2\ miles northwest, and is less than 11 acres in area.
The petitioner states that Grangeville and Columbia series are
formed in alluviums derived from granitic rock sources and the Merritt
series is formed in alluviums from mixed rock sources. The Grangeville,
Merritt, and Columbia series of soils are characterized as ``prime
farmland.'' These soils are all very deep, less well drained, and have
moderate to high water capacity. Permeability ranges from moderately
slow in the Merritt series to rapid in the Columbia and Grangeville
series. They occupy nearly flat areas at low elevation and are
occasionally flooded. They are exceedingly fertile soils that are
capable of supporting wine grapes, almonds, tomatoes, sugar beets,
wheat and other crops. Grapes have been grown on Columbia soils, but
apparently, in San Joaquin County at least, have not been previously
grown on bottomlands with Grangeville and Merritt.
Soil samples collected on-site at the proposed viticultural area
during October 1997 include one sample from each of the dominant units.
According to the petitioner, brief low-power microscopic analysis from
each of these samples indicated similar texture and composition. All
samples contained abundant angular quartz grains and mica flakes,
indicating granitic origin. These soils are mineralogically young and
should be expected to be very high in available minerals.
(c) Comparisons with surrounding areas. The petitioner states that
the proposed River Junction viticultural area is clearly distinct from
all potentially comparable adjacent local tracts, including the Red
Bridge Slough, Walthall Slough, and Northeast areas.
As would be expected of deposits formed along rivers, downstream
alluvial soils have a wider distribution than does their parent
alluvial substrate, due to stream transport, while upstream the derived
soils are less widely distributed than the underlying stream channel
deposits.
In the proposed River Junction viticultural area, derived alluvial
soils strictly overlap but do not extend beyond their parent recent
river deposits. The strict relationship between the channel deposits
and their derived soils in the proposed area results in a strikingly
distinct northern boundary.
The location of these soil changes corresponds to the location of a
strongly expressed terrace (distinct change in elevation) which angles
northwest from the Stanislaus River near its mouth. Its upper side is
nearly exactly followed by Division Road. This terrace probably marks
the highest flood stage in historically recent times and suggests that
soils in the area are probably derived from Stanislaus River alluvium.
This would explain the distinctively high granitic content of these
soils as compared with the surrounding area.
The petitioner states that, in the Red Bridge Slough area (north of
the proposed area's boundary following Airport Way), overlap of
alluvial soils with parent channel deposits is less exact and the soils
are restricted to the west of the Slough. This tract has a slight
northwest slope and, based on field observation, is wetter than the
proposed River Junction viticultural area. It has no strongly expressed
northern or eastern boundaries, and thus would have less temperature
extremes than the proposed area due to the absence of topographic
enclosure.
The Red Bridge Slough area also has different soils than the
proposed River Junction viticultural area. It contains about 35 percent
Columbia loam. At its center it includes 10 percent Egbert silty clay
loam. No Grangeville sands are present. As indicated above, the tract
is part of River Junction Reclamation District No. 2064, recorded as
River Junction Farms subdivision no. 3 in 1925. Durham Ferry State
Recreation Area occupies about 20 percent of the tract, and the
remaining part is essentially flat at 20-25 feet elevation.
Southeast of Walthall Slough, located north of the Red Bridge
Slough area, the relationship between channel deposits and derived
soils is obscure. Here the soils occupy a larger expanse than do the
underlying stream deposits. They include nearly 40 percent Columbia
soils and about 20 percent Dello clay loam. No Grangeville sands are
present. Topographically, this area is essentially flat to slightly
northwest sloping. In terms of soils and the microclimate that would be
inferred from the flat and open topography, it is completely different
from the proposed viticultural area.
To the northeast, recent river alluvium still underlies the soils
but soils in this area include about 20 percent Veritas and Manteca
series. No Grangeville sands are present. Otherwise, the Merritt and
Columbia soils percentages are comparable to the proposed River
Junction viticultural area. However, this area is higher and flatter,
averaging about 30-35 feet elevation, and has no distinct topographic
boundaries. Therefore, it undoubtedly has less temperature extremes
than the proposed viticultural area. This area comprises about 195
acres of the original River Junction Farms subdivision no. 2.
Climate
The proposed River Junction viticultural area is shown on a
Sacramento-San Joaquin Delta map (``Base Map Source--Department of
Water Resources'') submitted by the petitioner. The proposed
viticultural area appears within the boundaries of the aforementioned
delta, at the southeasternmost tip. The petitioner claims that the
southernmost edge of the Sacramento-San Joaquin River Delta is more
modified by inland weather patterns than other parts of the Delta. This
part of the Delta experiences more extreme high and low temperatures,
although still receiving maritime influence. The proposed River
Junction viticultural area is at the boundary between coastal and
continental weather influence. It is subject to little rainfall (10 to
11 inches per year) and at its southernmost part lies within the rain
shadow of the coast ranges to the west. This is the driest part of the
Delta and can be considered as arid to semiarid with coastal influence.
The petitioner states that, as would be expected of a topographical
depression, the local microclimate of the proposed River Junction
viticultural area is singular. The proposed viticultural area is
distinctively cooler than the immediate surrounding area (Modesto,
Stockton, Tracy Carbona, Tracy Pumping Plant, and Rivercrest
Vineyards). Temperature data from 1995 and 1996 were recorded by a
weather station located near the center of the proposed River Junction
viticultural area, at Rivercrest Vineyards. The monthly-averaged data,
provided by the petitioner, show that minimum temperatures are
consistently slightly cooler than elsewhere in the region, especially
in summer. Average high
[[Page 48956]]
temperatures are similar to Antioch and Lodi, which are significantly
closer to the Suisun and San Francisco Bays and would be expected to
experience more coastal cooling. According to the petitioner, average
low temperatures are generally the coolest among Tracy Carbona and
Tracy Pumping Plant. Significantly, minimum August temperatures are 2
to 5 degrees cooler than Tracy, Stockton, and Modesto.
Grapes grown here are also subject to seasonally later frosts as
pointed out by an unpublished agricultural analysis by Cook and Lider
dated 1972, submitted by the petitioner.
Public Participation--Written Comments
ATF requests comments from all interested persons. ATF specifically
requests comments on the clarity of the proposed rule and how it may be
made easier to understand. All comments received on or before the
closing date will be carefully considered.
Comments received after that date will be given the same
consideration if it is practical to do so, but assurance of
consideration cannot be given except as to comments received on or
before the closing date.
ATF will not recognize any material in comments as confidential.
Comments may be disclosed to the public. Any material that a respondent
considers to be confidential or inappropriate for disclosure to the
public should not be included in the comment. The name of any person
submitting a comment is not exempt from disclosure.
Comments may be submitted by facsimile transmission to (202) 927-
8525, provided the comments: (1) Are legible; (2) reference this notice
number; (3) are 8\1/2\" x 11" in size; (4) contain a legible written
signature; and (4) are three pages or less in length. 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.
Comments may be submitted by e-mail by sending the comments to:
[email protected]. E-mail comments must: (1) Contain your name,
mailing address, and e-mail address; (2) reference this notice number
(in the heading/subject line); (3) appear legible when printed on not
more than three pages 8\1/2\" x 11" in size. Receipt of e-mail will
not be acknowledged. E-mail comments will be treated as originals.
E-mail comments may also be submitted using the comment form
provided with the online copy of the proposed rule on the ATF Internet
web site at: http://www.atf.treas.gov/core/alcohol/rules/rules.htm.
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.
Regulatory Flexibility Act
It is hereby certified that this proposed regulation will not have
a significant economic 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.
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.
Drafting Information
The principal author of this document is Tim DeVanney, Regulations
Division, Bureau of Alcohol, Tobacco and Firearms.
List of Subjects in 27 CFR Part 9
Administrative practice and procedure, 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.
Par. 2. Part 9 is amended by adding Sec. 9.164 to subpart C as
follows:
Sec. 9.164 River Junction.
(a) Name. The name of the viticultural area described in this
section is ``River Junction.''
(b) Approved maps. The appropriate maps for determining the
boundaries of the River Junction viticultural area are the following
two 1:24,000 Scale U.S.G.S. topographical maps. They are titled:
(1) Ripon, CA 1969, photorevised 1980;
(2) Vernalis, CA 1969, photorevised 1980;
(c) Boundaries. The River Junction viticultural area is located in
southern San Joaquin County, California. The boundaries are as follows:
(1) Beginning on the Vernalis, CA quadrangle map at the
intersection of the secondary highway Airport Way and the San Joaquin
River levee, near Benchmark 35 in T3S/R6E;
(2) Then in a southeasterly direction, follow the levee along the
San Joaquin River onto the Ripon, CA quadrangle map;
(3) Then in a northerly direction around Sturgeon Bend in section
18 T3S/R7E;
(4) Then continuing in a generally southeasterly, then
northeasterly direction along the levee adjoining the Stanislaus River
through sections 19, 20 and 17 to the point where the levee intersects
sections 17 and 8;
(5) Then continuing in a northerly direction along the levee in
section 8 for approximately 1,000 feet;
(6) Then in a straight line in a northwesterly direction for
approximately 100 feet to the intersection with Division Road;
(7) Then in a southwesterly, then northwesterly direction along
Division Road through sections 8, 17, 18 and 7 to the intersection with
the secondary highway Airport Way;
(8) Then in a southwesterly direction along Airport Way onto the
Vernalis quadrangle map to the starting point at the intersection of
Airport Way and the San Joaquin River levee T3S/R6E.
Dated: July 21, 2000.
Bradley A. Buckles,
Director.
[FR Doc. 00-20340 Filed 8-9-00; 8:45 am]
BILLING CODE 4810-31-P