[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12201]


[[Page Unknown]]

[Federal Register: May 19, 1994]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[T.D. ATF-357, Re: Notice No. 787]
RIN 1512-AA07

 

Seiad Valley Viticultural Area (93F-022P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF); Treasury.
ACTION: Final rule, Treasury decision.

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SUMMARY: This final rule establishes a viticultural area in Siskiyou 
County, California, named ``Seiad Valley.'' The petition was filed by 
Brian J. Helsaple of Seiad Valley Vineyards. The establishment of 
viticultural areas and the subsequent use of viticultural area names as 
appellations of origin in wine labeling and advertising allows 
winemakers to distinguish their products from wines made in other areas 
and enables consumers to better identify the wines they may purchase.

EFFECTIVE DATE: June 20, 1994.

FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Wine and Beer 
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.

Petition

    ATF received a petition from Brian J. Helsaple of Seiad Valley 
Vineyards to establish a viticultural area in Siskiyou County, 
California, to be known as ``Seiad Valley.'' The viticultural area is 
located in northwestern California, about 15 miles south of the Oregon 
border. It contains approximately 2,160 acres, of which approximately 
2.5 acres are planted to vineyards. Seiad Valley Vineyards is the only 
commercial grower and the only wine producer currently active within 
the viticultural area.

Notice of Proposed Rulemaking

    In response to Mr. Helsaple's petition, ATF published a notice of 
proposed rulemaking, Notice No. 787, in the Federal Register on January 
11, 1994 (59 FR 1510), proposing the establishment of the Seiad Valley 
viticultural area. The notice requested comments from all interested 
persons by March 14, 1994.

Comments on Notice of Proposed Rulemaking

    Nine comments were received concerning the proposal to establish 
the Seiad Valley viticultural area. All nine commenters stated that 
they fully support the proposed area as delineated in Notice 787. 
United States Senator Barbara Boxer noted in her comment that 
``[d]esignating this distinct region as a viticultural area will help 
to spark economic growth in a community that has been hard-hit by the 
disappearance of timber and mining-based industries.'' One commenter, 
Barbara Holder, Forest Supervisor, Klamath National Forest, United 
States Department of Agriculture Forest Service, addressed a question 
asked in the notice of proposed rulemaking. ATF had asked for comments 
concerning the extension of the area to the south of the Klamath River. 
She stated ``[t]he area proposed, including lands south of the Klamath 
River along Grider Creek, does comprise a distinctive zone with regard 
to geographical features, topography, soil and climate.''

Evidence of Name

    Evidence that the name of the area is locally and/or nationally 
known as referring to the area specified includes:
    (a) The U.S.G.S. map used to show the boundaries of the area (the 
Seiad Valley Quadrangle 7.5 minute series map) uses the name ``Seiad 
Valley'' to describe the area immediately surrounding Seiad Creek, 
corresponding to the portion of the area which is north of the Klamath 
River. The map also shows the town of Seiad Valley within this area. 
The map shows no separate designation for the portion of the area south 
of the Klamath River, which is drained by Grider Creek.
    (b) Excerpts from the 1957 issue of Siskiyou Pioneer, an annual 
publication of the Siskiyou County Historical Society, discuss the 
history of the name Seiad Valley, and local understanding of the extent 
of the area known as Seiad, or Seiad Valley. ``Sciad,'' by Betty 
Livingston and Hazel Davis, states the name Seiad was originally 
spelled Sciad, and the creek and valley were called that by the 
trappers ``before the prospectors came in 1850.'' Sometime after 1871, 
the spelling of the name changed to Seiad. In ``Gold Mining from Scott 
Bar to Happy Camp,'' by J.B. Grider, the following description appears:

    Seiad is a small valley two miles long and one mile wide * * *. 
There are two large creeks in Seiad, Grider Creek and Seiad Creek. 
Grider Creek flows north into the Klamath from the Marble Mountain 
territory. Seiad creek flows south into the Klamath from the 
Siskiyous and Red Mountain.''

    (c) The petitioner also provided a copy of a claim document dated 
August 26, 1942, which states the Grider Creek mining claim is 
``situate in the Seiad Mining District.''

Evidence of Boundaries

    The area is defined primarily by its elevation, using the 1,600 and 
1,800 foot contour lines. The petitioner states that the vegetation 
within and outside the area provides a dramatic contrast. Within the 
area, cottonwood, oak and willow trees and wild blackberries and grapes 
grow in addition to the cultivated crops. Outside the area, on the 
higher slopes of the surrounding mountains, conifers such as cedar, 
Douglas fir and Ponderossa pine predominate in the thin, eroded soils 
with scant summer moisture.

Geographical Features

    The viticultural area consists of the valleys drained by Seiad 
Creek and Grider Creek, which both flow into the Klamath River in 
northwestern California. These valleys and an expanse of land along the 
Klamath River which connects them share characteristics of topography, 
soil composition and climate which distinguish the viticultural area 
from the surrounding areas.

Topography

    The U.S.G.S. topographic map of the Seiad Valley Quadrangle shows 
the area is a relatively flat area varying in elevation from 1,400 to 
1,600 feet, with a small portion as high as 1,800 feet, surrounded by 
steeply rising terrain. Outside the area, the elevation ranges from 
2,000 to 2,800 feet, with peaks exceeding 3,000 feet on all sides, and 
some peaks as high as 3,900 feet. Snow melt, runoff, and erosion from 
these higher areas into the valley create a contrast in both the 
quality of soils and the availability of water within and outside the 
area. The lower elevation within the area also contributes to more 
moderate temperatures there.

Soil

    The petitioner describes the valley floor as ``composed of deep 
fertile soil mixtures of loam, sand, clay and rocks eroded from the 
surrounding mountain slopes.'' According to a draft environmental 
impact report prepared in 1975 by the California Department of 
Transportation, the valley floor is ``mostly alluvium deposits which 
were widely dredged and hydraulically mined for gold. Chromite was also 
mined within the Seiad Valley area.'' Dredging left ``tailings,'' or 
piles of rounded rocks, wherever the dredge operated. The petitioner 
states that these granite-dominated rock tailings store heat during the 
day and provide protection against frost in spring and fall.

Climate

    An article in the Pioneer Press of September 16, 1992, titled 
``Rock-pile grapevines surprising all experts,'' contrasted Siskiyou 
County growing conditions with those in Seiad Valley vineyard: ``What's 
stopped the area from becoming a wine-producing area are the erratic 
late spring freezes in the zone where elevations are low enough to even 
make it possible. And in some of the county's lowest elevation areas, 
the precipitation levels are too high.'' The article stated the rock 
tailings in the vineyard ``may give Helsaple just the edge he needs to 
be the county's first successful longterm wine grape grower.''

Boundary

    The boundary of the Seiad Valley viticultural area may be found on 
one United States Geological Survey (U.S.G.S.) map with a scale of 
1:24000. The boundary is described in Sec. 9.148.

Miscellaneous

    ATF does not wish to give the impression by approving the Seiad 
Valley viticultural area that it is approving or endorsing the quality 
of wine from this area. ATF is approving this area as being distinct 
from surrounding areas, not better than other areas. By approving this 
area, 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 Seiad Valley.

Executive Order 12866

    It has been determined that this rule is not a significant 
regulatory action because:
    (1) It will not have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local or tribal 
governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
Executive Order 12866.

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 1980, Public Law 
96-511, 44 U.S.C. Chapter 35, 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, Wine and 
Beer Branch, Bureau of Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 9

    Administrative practices and procedures, 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. Subpart C is amended by adding Sec. 9.148 to read as 
follows:

Subpart C--Approved American Viticultural Areas

* * * * *


Sec. 9.148  Seiad Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Seiad Valley.''
    (b) Approved map. The appropriate map for determining the boundary 
of the Seiad Valley viticultural area is a U.S.G.S. 7.5 minute series 
topographical map of the 1:24000 scale, titled ``Seiad Valley, 
Calif.,'' 1980.
    (c) Boundary. The Seiad Valley viticultural area is located in 
Siskiyou County, California. The boundary is as follows:
    (1) The beginning point is the intersection of the 1600 foot 
contour line with the power transmission line north of the Klamath 
River, near Mile 130;
    (2) From the beginning point, the boundary follows the 1600' 
contour line in a generally northeasterly direction until it reaches 
the intersection of an unnamed light duty road and an unimproved road 
just west of Canyon Creek;
    (3) The boundary then follows the unimproved road north to its end, 
then goes east in a straight line until it reaches the 1800' contour 
line;
    (4) The boundary then follows the 1800' contour line in a 
northeasterly direction to the point, near Sawmill Gulch, where the 
contour line crosses Seiad Creek and turns south and west;
    (5) The boundary continues to follow the 1800' contour line as it 
proceeds southwest for approximately 4.5 miles, then turns sharply 
south-southeast for approximately 0.3 miles, until the contour line 
turns sharply east at a point just north of the Klamath River;
    (6) The boundary then diverges from the 1800' contour line and 
proceeds south-southeast in a straight line, across the Klamath River 
and State Route 96, until it intersects with the 1600' contour line;
    (7) The boundary then follows the 1600' contour line south and 
west, then north and west, roughly following the course of the Klamath 
River, until it reaches an unnamed peak 1744 feet high;
    (8) The boundary continues along the 1600' contour line as it 
diverges from the Klamath River and proceeds south, just to the east of 
an unnamed light duty road, to the point where that road crosses Grider 
Creek;
    (9) The boundary diverges from the contour line and proceeds west 
in a straight line across the road and Grider Creek until it intersects 
with the 1600' contour line on the west side of Grider Creek;
    (10) The boundary then follows the 1600' contour line north, west 
and north again until it reaches a point where the contour line turns 
west, just south of the Klamath River;
    (11) The boundary diverges from the 1600' contour line and proceeds 
in a straight line in a northeasterly direction, back to the point of 
beginning.

    Dated: April 19, 1994.
Daniel R. Black,
Acting Director.

    Approved: May 2, 1994.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 94-12201 Filed 5-18-94; 8:45 am]
BILLING CODE 4810-31-U