[Federal Register Volume 61, Number 7 (Wednesday, January 10, 1996)]
[Proposed Rules]
[Pages 706-708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-298]



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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco, and Firearms

27 CFR Part 9

[Notice No. 818]
RIN 1512-AA07


Extension of the Paso Robles Viticultural Area

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes the extension of the western border of 
the Paso Robles viticultural area in San Luis Obispo County, 
California. The Paso Robles viticultural area was originally approved 
in Treasury Decision ATF-148, 48 FR 45241, October 4, 1983 (27 CFR 
9.84). The petition was initially submitted by Justin C. Baldwin and 
more recently re-submitted by July Ackerman, Executive Director, Paso 
Robles Vintners and Growers Association as spokesperson for the seven 
vineyards and one winery within the proposed new border.
    ATF believes the establishment of American viticultural areas and 
their subsequent use as appellations of origin in wine labeling and 
advertising allows wineries to better designate the specific grape-
growing area where their wines come from and allows consumers to better 
identify the wines they purchase.

DATES: Comments must be received on or before April 9, 1996.

ADDRESSES: Comments must be addressed to: Chief, Wine, Beer, and 
Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 
P.O. Box 50221, Washington, DC 20226 (Notice No. 818). Copies of the 
petition, the proposed regulations, the appropriate maps, and any 
written comments received will be available for public inspection 
during normal business hours at: ATF Reading Room, Office of Public 
Affairs and Disclosure, Room 6480, 650 Massachusetts Avenue, NW, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mary Lou Blake, Wine, Beer, and 
Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 
650 Massachusetts Avenue, N.W., Washington, D.C. 20226 (202-927-8210).

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 definitive American viticultural areas. The 
regulations allow the name of an approved viticultural area to be used 
as an appellation of origin on wine labels and in wine advertisements. 
On October 2, 1979, ATF published Treasury Decision ATF-60 (44 FR 
56692) which added a new Part 9 to 27 CFR, 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 the 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 with the boundaries 
prominently marked.

Petition

    The original petition to extend the western border of the Paso 
Robles viticultural area was filed in July 1993, 

[[Page 707]]
by Justin C. Baldwin as spokesperson for his own vineyard and winery 
and for five other wineries in the area. All of the vineyards and the 
winery, which are located outside the western border of the current 
Paso Robles viticultural area, were established after the original Paso 
Robles viticultural area was approved. At the time Mr. Baldwin 
submitted his petition additional information was still needed to 
complete the petition. Until the additional information could be 
obtained, the original petition was returned to Mr. Baldwin.
    July Ackerman, Executive Director of the Paso Robles Vintners and 
Growers Association, later resubmitted the petition in December 1994. 
Ms. Ackerman, in her official role as Executive Director, along with 
members of the Paso Robles Vintners and Growers Association, support 
the proposed extension. The petition also includes the names of 71 
people in the grape and wine industries who support the proposed 
expansion area.
    Ms. Ackerman states the proposed expansion area has always been 
considered a part of the Paso Robles Wine Country. In fact, the 
petition notes that the proposed expansion area was included in the 
original petition but was removed due to a petition involving a 
contiguous area. The proposed expansion area is between the boundaries 
set forth in these two petitions. In 1989 the Paso Robles Chamber of 
Commerce published ``A History and Tour Guide of the Paso Robles Wine 
Country.'' Included in this publication was one of the vineyards and 
wineries located in the proposed expansion area. As noted, the proposed 
expansion area was also originally included in the petition for the 
current Paso Robles viticultural area. However, a concurrent petition 
was being considered for the York Mountain viticultural area and to 
prevent any intrusion into York Mountain the petitioner for Paso Robles 
amended the southwestern border. At the same time, the western boundary 
was amended to begin at the next most eastern range line. At the time 
of this amendment, no vineyards had been established in the area beyond 
the amended western boundary.
    The area under petition will expand the western border of the 
current Paso Robles viticultural area while continuing to maintain a 
southwestern border adjacent to York Mountain's northern border. This 
expansion would add approximately 52,618 acres to the existing 
viticultural area. Since the final rule for the Paso Robles 
viticultural area was published in 1983, seven vineyards have been 
planted in the proposed expansion area.

Historical and Current Evidence

    The name of the area comes from the Spanish name ``El Paso de 
Robles'' (meaning ``the Pass of the Oaks''), which was given to the 
area by travelers between the missions of San Miguel and San Luis 
Obispo. A land grant, in this name, was conveyed by Governor 
Micheltorena to Pedro Narvaez on May 12, 1844. This land grant included 
the present area of Paso Robles, Templeton, and Adelaida.
    Historically, the Santa Lucia Mountain range has been known as the 
western border of the Paso Robles area. All seven of the vineyards 
planted since 1983 are located east of the Santa Lucia Mountain Range, 
just beyond the western border of the current Paso Robles Viticultural 
area and north of the York Mountain viticultural area.
    In addition, the proposed expansion area contains the same 
telephone number prefixes and post office zip codes as the existing 
viticultural area. Further, the proposed expansion area utilizes the 
same government services (i.e. schools, fire departments, etc.) as the 
existing viticultural area.

Geographical Evidence

    The petitioner provided geographical evidence derived from the 
``Soil Survey of San Luis Obispo County, California''--Paso Robles 
Area. This survey was a cooperative effort of the Soil Conservation 
Service and the University of California Agriculture Experiment 
Station. Petitioner's data also reflects information collected from 
airports, forestry stations, city and county historical records and 
individual agriculturalists.
    The proposed expansion area is characterized by rolling hills, 750 
feet to 1800 feet, similar to the current Paso Robles appellation and 
unlike the more mountainous area of York Mountain. Soils generally 
consist of Nacimiento Ayar, Nacimento Los Osos Balcom Series and Linne-
Calodo Series, three of the four soil types found in the current 
appellation.
    Temperatures in the proposed expansion area are the same as the 
current appellation, ranging between 20-110 degrees Fahrenheit. 
Rainfall in the current appellation is between 10 and 25 inches per 
year. The proposed expansion area averages 25 inches per year 
maintaining a similarity with the current appellation and less than the 
45 inches per year within the York Mountain Viticultural Area. Degree 
days of 2500--3500 are also the same for both the current appellation 
and the proposed expansion area.

Proposed Boundaries

    The proposed boundaries for the expansion of the Paso Robles 
viticultural area use range and township lines, the county line and 
other points of reference. These same features are used as boundaries 
for the existing Paso Robles viticultural area.
    The points of reference for the boundaries of the current 
viticultural area and the proposed expansion area are found on United 
States Geological Survey (U.S.G.S.) map entitled ``San Luis Obispo,'' 
scale 1:250,000 (1956, revised 1969).

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1980, Pub. L. 96-
511, 44 U.S.C. Chapter 35, 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.

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 describe more accurately 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 that 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.

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. 

[[Page 708]]


Public Participation

    ATF requests comments from all interested parties. 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 comment as confidential. Comments may be 
disclosed to the public. Any material which a commenter considers to be 
confidential or inappropriate for disclosure to the public should not 
be included in the comment. The name of the person submitting a comment 
is not exempt from disclosure. During the comment period, any person 
may request an opportunity to present oral testimony at a public 
hearing. However, the Director reserves the right to determine, in 
light of all circumstances, whether a public hearing will be held.

Drafting Information

    The principal author of this document is Mary Lou Blake, Wine, 
Beer, and Spirits Regulations Branch, Bureau of Alcohol, Tobacco and 
Firearms.

List of Subject 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 proposed to be 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. Section 9.84(c) is revised to read as follows:


Sec. 9.84  Paso Robles.

* * * * *
    (c) Boundaries. The Paso Robles viticultural area is located within 
San Luis Obispo County, California. From the point of beginning where 
the county lines of San Luis Obispo, Kings and Kern Counties converge, 
the county line also being the township line between T.24S. and T.25S., 
in R.16E.:
    (1) Then in a westerly direction along this county line for 42 
miles to the range line between R.9E. and R.10E.;
    (2) Then in a southerly direction for 12 miles along the range line 
to the southwest of corner of T.26S. and R.10E.;
    (3) Then in a southeasterly direction, approximately 5.5 miles to a 
point of intersection of the Dover Canyon Jeep Trail and Dover Canyon 
Road;
    (4) Then in an easterly direction along Dover Canyon Road, 
approximately 1.5 miles, to the western border line of Rancho Paso de 
Robles;
    (5) Then, following the border of the Paso Robles land grant, 
beginning in an easterly direction, to a point where it intersects the 
range line between R.11E. and R.12E.;
    (6) Then southeasterly for approximately 16.5 miles to the point of 
intersection of the township line between T.29S. and T.30S. and the 
range line between R.12E. and R.13E.;
    (7) Then in an easterly direction for approximately 6 miles to the 
range line between R.13E. and R.14E.;
    (8) Then in a northerly direction for approximately 6 miles to the 
township line between T.28S. and T.29S.;
    (9) Then in an easterly direction for approximately 18 miles to the 
range line between R.16E. and R.17E.;
    (10) Then in a northerly direction for approximately 24 miles to 
the point of beginning.

    Dated: December 29, 1995.
Daniel R. Black,
Acting Director.
[FR Doc. 96-298 Filed 1-9-96; 8:45 am]
BILLING CODE 4810-31-U