[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