DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[T.D. ATF-395 Re: Notice No. 851]
RIN 1512-AA07
Texas Davis Mountains Viticultural Area (97-105)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Final rule, Treasury decision.
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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is
establishing a viticultural area located in Jeff Davis County, Texas,
to be known as ``Texas Davis Mountains.'' The petition for this
viticultural area was filed by Maymie Nelda Weisbach of Blue Mountain
Vineyard, Inc. 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 allows wineries to designate
the specific areas where the grapes used to make the wine were grown
and enables consumers to better identify the wines they purchase.
EFFECTIVE DATE: May 11, 1998.
FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Regulations
Division, 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 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,
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
[[Page 11827]]
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 Maymie Nelda Weisbach, of Blue
Mountain Vineyard, Inc., proposing to establish a viticultural area in
Jeff Davis County, Texas, to be known as ``Texas Davis Mountains.'' The
viticultural area is located in the Trans-Pecos region of west Texas.
The entire area contains approximately 270,000 acres. The petitioner
stated that approximately 40 acres are planted to vineyards, and that
Blue Mountain Vineyard is the only commercial grower currently active
within the proposed viticultural area.
Notice of Proposed Rulemaking
In response to this petition, ATF published a notice of proposed
rulemaking, Notice No. 851, in the Federal Register on May 6, 1997 [62
FR 24622], proposing the establishment of the Davis Mountains
viticultural area. The notice requested comments from interested
persons by July 7, 1997.
Comments on Notice of Proposed Rulemaking
ATF received five letters of comment in response to Notice No. 851.
The petitioner wrote to give additional information about growers in
the area. The Honorable Peggy Robertson, County Judge of Jeff Davis
County, Texas, wrote to express support for the establishment of the
viticultural area. Dr. Charles O. McKinney, Director of Research for
the University of Texas System, wrote to support the establishment of
the Davis Mountains area and comment on the boundaries. James D.
Voorhees, Esq., of Davis, Graham & Stubbs, LLP, Attorneys at Law, wrote
to express support for establishment of the area and commented on the
proposed name. George Ray McEachern, Professor and Extension
Horticulturist at the Texas A&M University System's Texas Agricultural
Extension Service, wrote to support the designation of the area as
``Texas Davis Mountains.'' The comments on specific proposals will be
discussed in the supplementary information covering such proposals.
Evidence of Name
The petitioner provided evidence that the name ``Davis Mountains''
is locally known as referring to the area specified in the petition,
and suggested that the area be designated as ``Texas Davis Mountains''
to aid in national recognition of the area. She noted that, outside of
the State of Texas, the name Davis Mountains may not be well known.
Evidence supporting the use of the name ``Davis Mountains'' includes:
(a) The name ``Davis Mountains'' is used to describe the northern
portion of the viticultural area on a U.S.G.S. map submitted with the
petition (Mount Livermore, Texas--Chihuahua). There is a park named
``Davis Mountain State Park'' in the southeastern portion of the
viticultural area.
(b) The 1952 edition of The Handbook of Texas, published by the
Texas State Historical Association, describes the Davis Mountains. The
location and other features described in this entry are consistent with
the petition.
(c) The 1968 edition of Texas Today, a book in the Harlow State
Geography Series, from the Harlow Publishing Corporation, describes the
Davis Mountains as the most extensive and among the highest of the
Texas mountain groups.
(d) Finally, the Champion Map of Texas, and the Exxon Travel Club
Map of the United States, both identify the Davis Mountains by name.
After reviewing available resources and finding no references to
any other ``Davis Mountains,'' ATF used the name ``Davis Mountains''
unmodified by the word ``Texas'' in the notice; however, ATF also
solicited comments on the need for the additional designation of
``Texas'' for the proposed viticultural area. ATF proposed using the
name ``Davis Mountains'' (as opposed to ``Texas Davis Mountains'')
based upon national recognition of the name ``Davis Mountains'' as an
area in Texas, known both as the site of the McDonald Observatory and
as a tourist destination for its history, scenery and wildlife. In
response to this request for comments on the name of this proposed
viticultural area, James D. Voorhees, Esq., of Davis, Graham & Stubbs,
LLP, Attorneys at Law, wrote:
* * * there may be a wine-growing area in one of the midwestern
states which is not yet designated as a viticultural area, but which
is known locally as ``Davis Mountains''. * * * this would support
the designation of the viticultural area sought by Mrs. Weisbach as
``Texas Davis Mountains.''
In order to avoid possible consumer confusion, ATF is adopting the name
``Texas Davis Mountains'' in this final rule. ATF believes it is better
to allow this viticultural area to bear a distinguishing name from its
inception rather than revise the name later after the establishment of
another area with a similar name.
Evidence of Boundaries
The petitioner chose highways to mark the boundary of the
viticultural area because these highways parallel geographic features
such as canyons, creeks and escarpments, which represent natural
boundaries between the mountains and the surrounding desert and define
the area. In support of this approach, she provided a copy of
``Texas,'' the Houston Chronicle Magazine, for June 2, 1996. The cover
story was ``High Mountain Vistas--Driving the 73-mile Loop Around the
Davis Mountains.'' In a map associated with the article, the routes
used for the driving tour are the same as those selected by the
petitioner, except the northern boundary. The driving tour
recommendation followed a route to the north of the proposed northern
boundary, which the petitioner drew using other features. Dr. Charles
O. McKinney, Director of Research for the University of Texas System,
also noted in his comment that the area known as Davis Mountains
extends more to the north than indicated by the boundaries, but made no
specific suggestion for amendment of the northern boundary. No change
was made to the northern boundary as a result of this comment.
During the comment period, the petitioner wrote to say that she had
learned about two additional growers, one of them within the proposed
boundary (in the Davis Mountain Resort area), and another just outside
the boundary at the southeast corner of the proposed area. She asked
that the border be redrawn to include the vineyard just outside the
proposed boundary and noted ``the same grape growing conditions would
prevail'' in that nearby area. Dr. McKinney also noted his support for
expanding the viticultural area to include the vineyard to the
southeast, saying the ``grapes from this vineyard are very similar in
quality and growing characteristics as vineyards
[[Page 11828]]
located a few miles away, but within the proposed viticultural area.''
ATF is adopting this proposed change and amending the boundary to
include the additional vineyard. With the addition of these two
vineyards, the viticultural area has three growers and approximately 50
acres planted to grapes.
Geographical Features
The viticultural area is described in Great Texas Getaways,
copyright 1992, by Ann Ruff, as follows:
No matter which way you drive into the Davis Mountains you will
have to face the barren terrain without the taste of cool water. But
when you reach this wonderful oasis, those long, dreary miles are
more than worth the reward. Here the days are fresh and cool, the
nights brisk, and the scenery fantastic.
The viticultural area is distinguishable from surrounding areas
primarily by its altitude, which contributes to the geographic and
climatic features which provide for excellent grape-growing.
The petitioner provided the following evidence of the viticultural
area's distinctive character:
Topography
The U.S.G.S. topographic maps used to define the viticultural area
show a mountainous area varying in elevation from 4,500 to 8,300 feet,
surrounded by flatter terrain. The petitioner adds that these mountains
are the second-highest range in Texas. The northern and eastern limits
are clearly defined by escarpments. Sharp boundaries in the west and
south, however, are lacking as the same formations continue into the
Ord and Del Norte Mountains. The Chihuahua desert extends for miles in
all directions, its gently rolling grasses interspersed with yucca and
agave.
Soil
The Davis Mountains were created about 35 million years ago by the
same volcanic thrust that formed the front range of the Rockies. The
mountains are composed of granitic, porphrytic and volcanic rocks, as
well as limestones of various ages.
Climate
The cover story in ``Texas,'' the Houston Chronicle Magazine, for
June 2, 1996, titled ``High mountain vistas, driving the 73-mile loop
around the Davis Mountains'' by Leslie Sowers, described the
viticultural area as a ``mountain island * * * that is cooler, wetter,
and more biologically diverse than the vast plains of the Chihuahua
desert that surround it.'' The article went on to note that the Davis
Mountains receive 20 inches of rainfall a year, contrasted with 10
inches a year in the surrounding desert.
Boundary
The boundary of the Texas Davis Mountains viticultural area may be
found on two United States Geological Survey (U.S.G.S.) maps with a
scale of 1:100,000. The boundary is described in Sec. 9.155.
Executive Order 12866
It has been determined that this proposed regulation is not a
significant regulatory action as defined in Executive Order 12866.
Accordingly, this final rule 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 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 a particular area. No new requirements are imposed. Accordingly, a
regulatory flexibility analysis is not required.
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 final rule because no requirement to collect information
is imposed.
Drafting Information
The principal author of this document is Marjorie D. Ruhf,
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 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. 9.155 to read as
follows:
Sec. 9.155 Texas Davis Mountains.
(a) Name. The name of the viticultural area described in this
section is ``Texas Davis Mountains.''
(b) Approved map. The appropriate maps for determining the boundary
of the Texas Davis Mountains viticultural area are two U.S.G.S. metric
topographical maps of the 1:100 000 scale, titled:
(1) ``Fort Davis, Texas,'' 1985.
(2) ``Mount Livermore, Texas--Chihuahua,'' 1985.
(c) Boundary. The Texas Davis Mountains viticultural area is
located in Jeff Davis County, Texas. The boundary is as follows:
(1) The beginning point is the intersection of Texas Highway 17 and
Farm Road 1832 on the Fort Davis, Texas, U.S.G.S. map;
(2) From the beginning point, the boundary follows Highway 17 in a
southeasterly and then southwesterly direction until it reaches the
intersection of Limpia Creek with the unnamed stream which flows
through Grapevine Canyon on the Fort Davis, Texas, U.S.G.S. map;
(3) The boundary then proceeds in a straight line in a
southwesterly direction until it meets Highway 118 at a gravel pit 1\3/
4\ miles southeast of the intersection of Highway 118 and Highway 17;
(4) The boundary then proceeds in a straight line east by southeast
until it meets Highway 166 at its junction with Highway 17;
(5) The boundary then follows Highway 166 in a southwesterly
direction onto the Mt. Livermore, Texas-Chihuahua, U.S.G.S. map;
(6) The boundary then continues to follow Highway 166 in a westerly
direction;
(7) The boundary then continues to follow Highway 166 as it turns
in a northerly and then northeasterly direction to the point where it
meets Highway 118;
(8) The boundary then follows Highway 118 in a northerly direction
until it reaches a point where it intersects with the 1600 meter
contour line, just north of Robbers Roost Canyon;
(9) The boundary then proceeds in a straight line due east for
about two miles until it reaches the 1600 meter contour line to the
west of Friend Mountain;
(10) The boundary then follows the 1600 meter contour line in a
northeasterly direction until it reaches the northernmost point of
Friend Mountain;
(11) The boundary then diverges from the contour line and proceeds
in a
[[Page 11829]]
straight line east-southeast until it reaches the beginning point of
Buckley Canyon, approximately three fifths of a mile;
(12) The boundary then follows Buckley Canyon in an easterly
direction to the point where it meets Cherry Canyon;
(13) The boundary then follows Cherry Canyon in a northeasterly
direction to the point where it meets Grapevine Canyon on the Mt.
Livermore, Texas-Chihuahua, U.S.G.S. map;
(14) The boundary then proceeds in a straight line from the
intersection of Cherry and Grapevine Canyons to the peak of Bear Cave
Mountain, on the Fort Davis, Texas, U.S.G.S. map;
(15) The boundary then proceeds in a straight line from the peak of
Bear Cave Mountain to the point where Farm Road 1832 begins;
(16) The boundary then follows Farm Road 1832 back to its
intersection with Texas Highway 17, at the point of beginning.
Dated: February 6, 1998.
John W. Magaw,
Director.
Approved: February 23, 1998.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary (Regulatory, Tariff and Trade
Enforcement).
[FR Doc. 98-6005 Filed 3-10-98; 8:45 am]
BILLING CODE 4810-31-U
Code of Federal Regulations - T.D. ATF-395 Re: Notice No. 851 - RIN 1512-AA07
Last updated: January 17, 2019