[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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