T.D. ATF-397

[Federal Register: April 7, 1998 (Volume 63, Number 66)]

[Rules and Regulations]               

[Page 16902-16905]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr07ap98-16]



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DEPARTMENT OF THE TREASURY



Bureau of Alcohol, Tobacco and Firearms



27 CFR Part 9



[T.D. ATF-397; RE: Notice No. 854]

RIN 1512-AA07



 

Establishment of the Yorkville Highlands Viticultural Area and 

Realignment of the Southern Boundary of the Mendocino Viticultural Area 

(95F-020P)



AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 

the Treasury.



ACTION: Final rule, Treasury decision.



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SUMMARY: This final rule establishes a viticultural area located in 

Mendocino County, California, to be known as ``Yorkville Highlands,'' 

and extends the southern boundary of the Mendocino Viticultural Area to 

coincide with the boundary of Yorkville Highlands. These actions are 

the result of a petition filed by Mr. William J.A. Weir for the 

Yorkville Highlands Appellation Committee and a related petition filed 

by Ms. Bernadette A. Byrne, Executive Director of the Mendocino 

Winegrowers Alliance.

    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.



EFFECTIVE DATE: June 8, 1998.



FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, 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 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 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.



Petitions



    ATF received a petition from Mr. William J.A. Weir of Weir 

Vineyards for the Yorkville Highlands Appellation Committee 

(``Yorkville Highlands petition''). The petition was signed by Mr. 

Larry W. Martz of Martz Vineyards, Inc., Mr. Frank Souzao of Souzao 

Cellars, Mr. Michael J. Page, of Mountain House Vineyard, Mr. Robert A. 

Vidmar of Vidmar Vineyard, and Mr. Edward D. Wallo, of Yorkville 

Vineyards. The petitioners represent both wineries and growers within 

the area. The area includes historic vineyards dating from 1914 as well 

as newly established vineyards. ATF also received a related petition 

from Ms. Bernadette A. Byrne, Executive Director of the Mendocino 

Winegrowers Alliance (``Mendocino petition''), requesting that the 

southern boundary of the previously approved Mendocino Viticultural 

Area be extended to coincide with the requested southern boundary in 

the Yorkville Highlands petition. The Mendocino Viticultural Area was 

established pursuant to T.D. ATF-178 on June 15, 1984 (49 FR 24711). 

The Mendocino petition incorporated the Yorkville Highlands petition by 

reference and stated that the proposed Yorkville Highlands southern 

boundary was appropriate for the Mendocino viticultural area as well.

    These two proposals result in the Yorkville Highlands area being 

entirely within the Mendocino area. Both areas are entirely within 

Mendocino County, California. The Yorkville Highlands area consists of 

approximately 40,000 acres, of which approximately 70 are devoted to 

viticulture. There are seven growers and two wine producers within the 

area now, with two new growers planning vineyards and some existing 

growers planning to plant more vineyards. The expansion of the 

Mendocino viticultural area adds approximately 10,000 acres to that 

area.



[[Page 16903]]



Notice of Proposed Rulemaking



    In response to Mr. Weir's and Ms. Byrne's petition, ATF published a 

notice of proposed rulemaking, Notice No. 854, in the Federal Register 

on July 25, 1997 (62 FR 39984), proposing the establishment of the 

Yorkville Highlands viticultural area and the extension of the southern 

boundary of the Mendocino viticultural area. The notice requested 

comments from all interested persons by September 23, 1997. ATF 

received no comments concerning these proposals.



Evidence of Name



    The Yorkville Highlands petitioners supplied the following evidence 

that the name of the proposed new area is locally and/or nationally 

known as referring to the area specified in the petition:

    (a) A brochure published by the Mendocino Winegrowers Alliance 

entitled ``Mendocino. Real Farmers, Real Wine. On California's Redwood 

Coast'' which lists ``Yorkville Highlands'' among the County's wine 

growing areas. In the brochure, the area is described as extending 

northwest from the Mendocino--Sonoma County border along Route 128, a 

description which fits the area proposed for designation.

    (b) A map of ``Mendocino Wine Country'' published in ``Steppin'' 

Out, California's Wine Country Magazine,'' volume XIII, issue 27, which 

includes the ``Yorkville Highlands'' area. Again, the area outlined on 

the map coincides with the boundaries requested by the petitioner.



Evidence of Boundaries



    The Yorkville Highlands area is defined primarily by reference to 

the Sonoma--Mendocino county line and by straight lines drawn between 

benchmarks, mountain peaks, and other features found on the U.S.G.S. 

maps.

    The area is within the North Coast viticultural area. It is also 

entirely within the Mendocino viticultural area which is expanded by 

this final rule. The Yorkville Highlands area is bounded on the 

northwest by the Anderson Valley viticultural area, and surrounded by 

other viticultural areas less than five miles away. McDowell Valley 

lies to the northeast, Alexander Valley and Northern Sonoma lie to the 

southeast and south, and the newly established Mendocino Ridge 

viticultural area lies to the southwest.



Geographical Features



    The Yorkville Highlands area, including the area added herein to 

the previously approved Mendocino viticultural area, shares 

characteristics of topography, soil composition and climate which 

distinguish the viticultural area from the surrounding areas. For an 

overview of the geographical features which set the area apart, Mr. 

Mark Welch, President of the Mendocino County Farm Bureau, Mr. Glenn 

McGourty, Viticultural Farm Advisor & County Director, University of 

California Cooperative Extension, and Mr. Steve Williams, of A.V.V.S. 

wrote letters describing the area.

    Mr. Welch stated that he believes the viticultural area reflects a 

unique and outstanding grape growing locale. He went on to say:



    The soils of the area are different from adjacent, recognized 

districts like the Anderson Valley, and the distinct micro climate 

offers warmer days, cool afternoon breezes and a substantial growing 

season for a low to mid region II.



    Similarly, Mr. McGourty stated that the soils and climate of the 

viticultural area are ``significantly different from surrounding grape 

growing areas, being high elevation and in an area where the coastal 

Douglas Fir forests meet the oak woodland forests more typical of 

interior Mendocino County.''

    Mr. Williams stated he has been building and managing vineyards in 

the area for more than ten years. He notes that the Yorkville Highlands 

viticultural area is different viticulturally from both the Anderson 

Valley viticultural area and the Hopland area of the Mendocino 

viticultural area. He gave the following details:



    The climate of the * * * area has days warmer than Anderson 

Valley but cooler than Hopland. The nights are cooler than both 

Anderson Valley and Hopland. This means many grape varieties can be 

grown in this area but will have a long ripening period which will 

greatly enhance fruit flavors and quality.

    In regards to soil the area also differs from [Anderson Valley] 

or Hopland. The * * * soils are thinner then [sic] Hopland but more 

fertile and varied than [Anderson Valley].

    The following evidence was considered in establishing this area:



Topography



    The Yorkville Highlands viticultural area lies generally along the 

headwaters of Dry Creek and Rancheria Creek. The vineyards in the 

Yorkville Highlands viticultural area are almost entirely above 800 

feet in elevation. The area is ``a continuous string of high benches 

and land troughs bordered by even higher ridges with Highway 128 

running down the middle.'' The U.S.G.S. topographic maps show the area 

is a valley, with Highway 128 and the Rancheria and Dry Creeks running 

along the northwest-southeast axis. This center line of the area is the 

lowest part, at approximately 800 feet, and the highest, in the area 

near the northern boundary, is over 3,000 feet.



Soil



    The soils in the Yorkville Highlands viticultural area are rocky 

hill soils characterized by gravel and old brittle rock. These 

generally thin soils found on the high benches and land troughs of the 

proposed area stand in stark contrast to the generally very loamy clay 

soils found in the valleys and bottom lands dominating the neighboring 

approved viticultural areas. Soil types mapped by the U.S. Soil 

Conservation Service include: Bearwallow, Hellman, Cole Loam, Henneke, 

Montara, Hopland Loam, Squawrock, Witherell, Yorkville and Boontling. 

Only one or two of these soil types are found in common with a 

neighboring viticultural area.



Climate



    The climate in the Yorkville Highlands viticultural area is 

influenced by marine air well over 50 percent of the time. The 

petitioner described the climate as follows: ``Almost every morning 

during the growing season, the moist marine fog is found on the high 

bench lands and land troughs which comprise the proposed viticulture 

area and connect the cooler Anderson Valley with the much warmer 

Alexander Valley. The trees on these bench lands are draped with the 

moss from this ocean air invasion and cooler climatic condition.''

    Unofficial heat summation data collected at the Weir Vineyards 

within the area reflects a four year average of 3,060, compared to 

approximately 2,500 in Boonville and Philo to the northwest of the 

viticultural area and 3,650 reported by the University of California 

Agricultural Extension Service in Cloverdale, to the southeast.

    Average annual rainfall within the Yorkville Highlands area from 

1961 through 1990, as measured by the Department of Water Resources, 

Eureka Flood Center at the Yorkville Station, was 50.55 inches. The 

Anderson Valley, to the northwest, receives an average of only 40.7 

inches of rain per year.



Revised Mendocino Boundary



    ATF is also revising the southern boundary of the Mendocino 

viticultural area, as proposed by both the Mendocino Winegrowers 

Alliance and the Yorkville Highlands petitioners. Prior to this 

revision, the southern boundary of Mendocino ran through the middle of 

the Yorkville Highlands area, leaving a large triangular portion of the



[[Page 16904]]



new area outside of Mendocino while the remainder of the new area was 

within Mendocino.

    Mr. Bruce E. Bearden, Farm Advisor, Emeritus, University of 

California Cooperative Exchange, stated that the original Mendocino 

viticultural area boundary arbitrarily excludes some of the regions 

naturally associated with existing vineyards. Mr. Bearden further 

states that the revised boundary would reunite the related soils and 

climates of the area.



Boundaries



    The revised boundary of the Mendocino viticultural area is 

described in amended Sec. 9.93. In addition, there is a typographical 

error in 27 CFR 9.93(c)(11), which we corrected as part of this 

rulemaking.

    The boundary of the Yorkville Highlands viticultural area may be 

found on six United States Geological Survey (U.S.G.S.) maps with a 

scale of 1:24000. The boundary is described in Sec. 9.159.



Miscellaneous



    ATF does not wish to give the impression by approving the Yorkville 

Highlands viticultural area or by approving the amended boundary of the 

Mendocino viticultural area that it is approving or endorsing the 

quality of wine from these area. ATF is approving the areas as being 

distinct from surrounding areas, not better than other areas. By 

approving these areas, ATF will allow wine producers to claim a 

distinction on labels and advertisements as to origin of the grapes. 

Any commercial advantage gained can only come from consumer acceptance 

of wines from Yorkville Highlands or Mendocino.



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 recordkeeping or reporting 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) 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 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 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. Section 9.93 is amended by revising paragraph (c)(11), by 

removing paragraphs (c)(17) and (c)(18), and by adding new paragraph 

(c)(17), (c)(18) and (c)(19) to read as follows:





Sec. 9.93  Mendocino.



* * * * *

    (c) Boundaries.  * * *

    (11) Thence in a straight line in a northwest direction to the 

junction of Baily Gulch and the South Branch, North Fork of the Navarro 

River, located in Section 8, T.15N., R.15W.;

* * * *

    (17) Thence continuing in a straight line in a southerly direction 

to the southwest corner of Section 5, T. 12 N., R. 13 W., and the 

Mendocino County/Sonoma County line;

    (18) Thence continuing in a straight line in a southeasterly 

direction to the intersection of the southwest corner of Section 32, T. 

12 N., R. 11 W., and the Mendocino County/Sonoma County line;

    (19) Thence following the Mendocino County/Sonoma County line in an 

easterly, northerly, and then an easterly direction to the beginning 

point.

    Par. 3. A new Sec. 9.159 is added to subpart C to read as follows:





Sec. 9.159  Yorkville Highlands.



    (a) Name. The name of the viticultural area described in this 

section is ``Yorkville Highlands.''

    (b) Approved maps. The appropriate maps for determining the 

boundary of the Yorkville Highlands viticultural area are the following 

six U.S.G.S. topographical maps (7.5 minute series, 1:24000 scale):

    (1) ``Gube Mountain, Calif.,'' provisional edition 1991.

    (2) ``Big Foot Mountain, Calif.,'' provisional edition 1991.

    (3) ``Cloverdale, Calif.,'' 1960, photoinspected 1975.

    (4) ``Ornbaun Valley Quadrangle, Calif.,'' provisional edition, 

1991.

    (5) ``Yorkville, Calif.,'' provisional edition, 1991.

    (6) ``Hopland, Calif.,'' 1960, photoinspected 1975.

    (c) Boundary. The Yorkville Highlands viticultural area is located 

in Mendocino County, California. The boundary is as follows:

    (1) The beginning point is Benchmark 680, located in Section 30, T. 

12 N., R. 13 W., on the Ornbaum Valley quadrangle map;

    (2) From the beginning point, the boundary proceeds in a straight 

line in a northeasterly direction to a point intersecting the North 

Fork of Robinson Creek and the Section 20, T. 13 N., R. 13 W.;

    (3) The boundary then proceeds in a straight line in a 

southeasterly direction to the summit of Sanel Mountain, located at the 

southeast corner of Section 30, T. 13 N., R. 12 W., on the Yorkville 

quadrangle map;

    (4) The boundary then proceeds in a straight line in a 

southeasterly direction until it reaches the southeast corner of 

Section 15, T. 12 N., R 11 W., on the Hopland quadrangle map;

    (5) The boundary then proceeds south, following the eastern 

boundaries of Sections 22 and 27, T. 12 N., R 11 W., until it reaches 

the Mendocino-Sonoma County line on the Cloverdale quadrangle map;

    (6) The boundary then follows the Mendocino-Sonoma county line 

west, south and west until it reaches the southwest corner of Section 

32, T. 12 N., R. 11 W.;

    (7) The boundary then diverges from the county line and proceeds in 

a northwesterly direction, traversing the Big Foot Mountain quadrangle 

map, until it reaches the southwest corner of Section 5, T. 12 N., R. 

13 W. on the Ornbaun Valley quadrangle map;

    (8) The boundary proceeds in a straight line in a northerly 

direction until it reaches the beginning point at Benchmark 680.





[[Page 16905]]





    Dated: January 28, 1998.

John W. Magaw,

Director.



    Approved: March 13, 1998.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).

[FR Doc. 98-8990 Filed 4-6-98; 8:45 am]

BILLING CODE 4810-31-P